Florida legislators hear from Volusia residents about how SB 180 has stifled local planning

DELAND − State legislators knew going into a public meeting they would hear an earful about a law they enacted last spring, taking away control of growth and development from local governments at a time when neighborhoods across Volusia County have experienced flooding.

With a line of local government and environmental officials waiting behind him to speak at the Oct. 29 Volusia County legislative delegation meeting, Matt Reinhart broke the tension.

Reinhart, vice chair of the Volusia County Council, said he is concerned about a taxing matter and, as he put it, “what’s that Senate bill?”

Before the end of the more than four-hour hearing, state Sen. Tom Wright said he had heard enough, asking one speaker if she planned to speak against Senate Bill 180.

“We’ve heard it enough times. We know that there’s issues with 180 and we’re working hard to try to correct them,” Wright said. “To save everyone’s time, if there’s anything else you’d like to talk about, we’re well aware of 180 being a problem.”

Why is SB 180 so reviled?

Senate Bill 180, dubbed “Emergencies,” passed both the Florida House and Senate easily, with all six Republicans who represent Volusia, Wright, Sen. Tom Leek, and Reps. Webster Barnaby, Richard Gentry, Bill Partington and Chase Tramont, each casting votes for it at different junctures.

Gov. Ron DeSantis signed it into law.

SB 180 was intended to protect homeowners after natural disasters who want to rebuild but might face roadblocks from local government restrictions.

Critics say the law harms home rule, the concept that elected officials closest to their communities are best positioned to make such decisions. Deltona and Edgewater are cities that have imposed development moratoriums as they responded to flooding and drainage issues from Hurricane Milton a year ago.

Paul Owens, president of 1000 Friends of Florida, a nonprofit smart growth advocacy organization, told the Volusia delegation the law has invalidated local communities’ environmental protection efforts and inflation adjustments to local impact fees. He urged a repeal of Sections 18 and 28 of the law.

“Simply put, SB 180 has handcuffed local governments and the citizens they represent when it comes to planning for sustainable growth,” Owens said. “We don’t believe that’s what the Legislature intended in this law. … Please restore Floridians’ right to choose the future they want for their communities.”

Volusia County urges state to ‘refine’ SB 180

Reinhart, representing Volusia County, urged changes to the language of SB 180.

“While well-intentioned, this one-size-fits-all approach limits counties like Volusia from managing floodplain compliance, drainage, and redevelopment that protect residents and property,” he said. “We respectfully ask the Legislature to refine the law so it applies only to structures actually damaged within the federally declared disaster zones, to shorten the preemption period, and to restore local authority for safe and resilient rebuilding.”

Deltona and Edgewater were among dozens of Florida cities to join a lawsuit challenging SB 180, while Volusia County and other cities contemplated similar legal challenges but decided against them.

The Deltona City Commission voted in August in a 4-3 vote to sue the state over SB 180, but reversed course and voted 4-3 to exit the suit on Oct. 20. Mayor Santiago Avila voted no on the lawsuit both times.

“I’m very grateful that amendments are being heard, right? I think that’s the way to go ,” Avila said. “In any great relationship, there has to be some dialogue, not just jumping right into a lawsuit with threats. So I think that’s important. I would respectfully request that the amendments that are being proposed by Volusia County be heard.”

Edgewater Mayor Diezel DePew thanked lawmakers for supplying the city with $1 million to improve the city’s drainage system, but didn’t speak about the lawsuit or SB 180.

A plea for Edgewater homeowners

However, Suzanne Scheiber, founder of Dream Green Volusia, a nonprofit, said the flood-prone city underwent a five-month process, including public workshops, to amend the comprehensive plan, “to plan for responsible growth” and “protect neighborhoods.”

Senate Bill 180 halted those efforts, Scheiber said. Meanwhile, some homeowners have suffered great losses, which continued with the heavy rain of Oct. 10.

Scheiber also urged lawmakers not to hold the lawsuit against Edgewater when determining which local projects make the state budget.

“Southeast Volusia needs your help,” she said. “Please pursue more funding for the City of Edgewater’s infrastructure and repeal SB 180 so that the staff can complete the stormwater updates needed for the comprehensive plan.”

The people who will benefit are fellow Volusians, Scheiber said.

“Lawsuit or no lawsuit, the people who elected you to be their voice need your help,” she said. “Please work with the elected officials in Edgewater on all things flooding and continuing to recognize the severity of the suffering with personal feelings left out of the equation.”

Volusia County flood response efforts halted

Melissa Lammers, a resident of Ormond-by-the-Sea, chairs the Volusia County Environmental and Natural Resources Advisory Committee, or ENRAC, which she said has given her a “front row seat to the effects of Sections 18 and 28 of SB 180.”

“Those are affecting the county’s ability to respond to real harms that are affecting our citizens,” Lammers said.

After experiencing floods following Hurricane Milton, the county directed ENRAC to update stormwater, flood hazard, wetland alteration and coastal protection ordinances.

“Last spring, we delivered updated stormwater regulations, which the council approved, but since Aug. 1, those regulations are null and void,” Lammers said.

She also urged the lawmakers to repeal Sections 18 and 28 of SB 180.

Another resident went further, challenging lawmakers to halt development until flood-prone areas have been addressed.

“When your boat is sinking, you can’t bail out the water until you plug the hole,” said Catherine Pante, a resident of Daytona Beach. “Florida needs a new statewide moratorium on new subdivisions and apartment developments, even those already approved. We must maintain and protect green spaces and take aggressive measures to protect water quality.”

This article originally appeared on The Daytona Beach News-Journal: Volusia residents, officials urge lawmakers to repeal parts of SB 180