The Florida Home Builders Association has entered a legal battle to defend a new state law that limits the ability of cities and counties to impose stricter growth and land-use regulations.
The association, along with Northwest Florida builder Alton Lister, intervened Dec. 16 in a lawsuit filed by 25 cities and counties and the growth-management group 1000 Friends of Florida. The plaintiffs are seeking a preliminary injunction against Senate Bill 180, a sweeping measure lawmakers said was aimed at speeding recovery after hurricanes struck the state in 2024.
“Plaintiffs’ attempts to enjoin Senate Bill 180 in its entirety would greatly (and negatively) affect ongoing work of the association’s members and affiliates throughout the state,” the builders’ motion to intervene said. “Increased red tape, costs and delays are just some of the cascading effects of the relief plaintiffs seek (and to which they’re not entitled).”
Leon County Circuit Judge Angela Dempsey approved the builders’ request to intervene and scheduled a hearing for Dec. 19 on the plaintiffs’ request for a preliminary injunction, as well as a motion by state officials seeking to dismiss the case.
In filings submitted Dec. 15, attorneys for the plaintiffs argued that the law has created uncertainty for local governments across Florida.
The law “has caused confusion and turmoil in all counties and municipalities in Florida,” the plaintiffs’ attorneys wrote.
“Counties and municipalities are spending significant funds to take actions required under SB 180 and are approving projects that, but for SB 180, would not be approved,” the attorneys added.
The legal challenge stems from lawsuits filed earlier this year by local governments, followed by a separate suit from 1000 Friends of Florida and Orange County resident Rachel Hildebrand. The cases were later consolidated.
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Much of the dispute centers on a provision in SB 180 that effectively freezes local land-development regulations and comprehensive plans through Oct. 1, 2027. The freeze was applied retroactively to Aug. 1, 2024, a move that plaintiffs argue strips cities and counties of their authority to manage growth.
Among their claims, plaintiffs allege the law violates local governments’ home-rule authority, breaches the state constitution’s single-subject requirement and improperly limits local control over development decisions.
In their Dec. 16 filing, attorneys for the home builders warned of potential consequences if the injunction is granted.
“Plaintiffs don’t like SB 180’s bar on local construction moratoriums and more burdensome land use regulations,” the motion said. “If these provisions of SB 180 are enjoined, however, construction timelines would suffer. Projects already underway or planned for a storm-damaged area could suddenly be halted because of a local freeze or a new land use regulation that has the practical effect of a freeze on development.”
The law drew little opposition during the 2025 legislative session, which followed a series of destructive storms — hurricanes Debby, Helene and Milton — that struck Florida in 2024. SB 180 addressed a wide range of storm-recovery issues, including debris removal, mutual-aid agreements, and building permit and inspection fees.
Gov. Ron DeSantis has defended the measure as a way to help residents rebuild damaged homes without unnecessary government interference.
The lawsuits name Florida Department of Commerce Secretary J. Alex Kelly, Division of Emergency Management Director Kevin Guthrie, Department of Revenue Executive Director Jim Zingale and state Chief Financial Officer Blaise Ingoglia as defendants, citing their roles in implementing the law or overseeing local government finances.
Attorneys for the state officials have argued the case should be dismissed, contending the plaintiffs lack legal standing and that a preliminary injunction is unwarranted.
Originally reported by Jim Saunders, News Service Of Florida in Naples Daily News.
