Skip to main content

Martin County

File #: 26-0041   
Type: Departmental Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 9/23/2025 Final action:
Title: DISCUSSION ON SENATE BILL 180
Attachments: 1. Form Resolution Authorizing Participation in Lawsuit Relating to SB 180.pdf

PLACEMENT: Departmental

TITLE:

title  

DISCUSSION ON SENATE BILL 180

end

EXECUTIVE SUMMARY:

executive summary

On June 26, 2025, Senate Bill 180 (SB180) was signed into law.  SB 180, titled “Emergencies,” is a comprehensive bill that was aimed to address the preparation and response activities of state and local governments when emergencies impact Florida. The bill provides certain responsibilities and restrictions on the Florida Division of Emergency Management and local governments, some of which extend beyond emergency planning and response. 

body

DEPARTMENT: Administration                     

PREPARED BY:                      Name: Don G. Donaldson                     

                     Title:                     County Administrator                     

REQUESTED BY: Board of County Commissioners                                          

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

SB 180 is a comprehensive bill largely geared toward addressing emergency management issues.  There are several provisions that have an impactful effect on local governments unrelated to emergency planning and response. 

 

SB 180 threatens the ability of local governments to participate in the Federal National Flood Insurance Program.  SB 180 created a new section in Florida law that prohibits local governments from adopting or enforcing “an ordinance for substantial improvements or repairs to a structure which includes a cumulative substantial improvement period.” This provision limits a local government’s ability to enforce floodplain regulations and reduces the ability to earn and maintain points under the National Flood Insurance Program’s Community Rating System (CRS).  This limits the County’s ability to manage flood risk.

 

Another impactful restriction is the prohibition of local governments from enacting more restrictive or burdensome amendments to its comprehensive plan, land development regulations or procedures concerning review, approval or issuance of site plans, development permits or development orders for a timeframe commencing retroactively from August 1, 2024 through October 1, 2027.

 

Currently, the law firm of Weiss Serota Helfman Cole & Bierman is soliciting counties and municipalities in Florida to participate in a lawsuit seeking declaratory, injunctive, and other relief to challenge the provisions of SB 180.  As of September 3, 2025, out of the 67 counties and approximately 411 municipalities in the State of Florida, 2 counties and 8 municipalities have approved resolutions authorizing the participation in the lawsuit.  They are circulating the attached resolution for local governments to adopt to participate in the lawsuit.  The cost to join the lawsuit is a flat fee of $10,000 for the initial lawsuit and $5,000 for each appeal thereafter.  The maximum cost is $20,000.  They anticipate filing the lawsuit in mid-September.  With potential appeals the lawsuit could last for several years.

 

There has been indication that the Florida Legislature recognizes the need for a glitch bill to address some of the unintended consequences of SB 180.  County staff would like to work with the County’s delegation to amend the bill to alleviate the unintended consequences.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board direct staff as a legislative priority to work with the delegation to advocate for a glitch bill for SB 180.

 

ALTERNATIVE RECOMMENDATIONS

None

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:     

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback.