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Restore Local Planning Authority in Florida

Restore Local Planning Authority in Florida

Restore local governments' authority to engage in land use and development planning for more resilient communities.

During the 2025 Legislative Session, SB180 “Emergencies” passed on the last day of session with several amendments just before the final vote. Enacted into Florida state law (Florida Statute 252.422) in June, the law includes a range of emergency and disaster provisions intended to facilitate better preparation, management, and recovery. Although the new law contains many provisions that will further these goals, two sections of the law have significant, negative consequences for local governments’ planning authority. These provisions threaten to paralyze local planning across the state with particular impact for environmental, resilience, and smart-growth efforts. 

Framed as recovery measures, Section 18 and Section 28 of the new law freeze cities and counties from adopting land-use regulations, policies, or procedures that are deemed “more restrictive or burdensome” than the policies in place before recent or future hurricanes. The problem is that these terms are not defined in the law and the broad language could be applied to local land use and zoning policies unrelated to storm recovery. Furthermore, the law makes local governments vulnerable to legal challenges and establishes that local governments are responsible for opposing parties’ legal fees if they go to court and lose. The result is that local governments are paralyzed at every stage of the planning process, rendering them unable to appropriately respond to community needs, with negative impacts for resiliency, public health, and the environment.

A closer look at the details of Section 18 & 28:

  • Section 18 relates to future hurricanes and prohibits counties (and the municipalities within them) even partially within 100 miles of a hurricane’s track from implementing any more “restrictive or burdensome” comprehensive plan or land development policies, regulations or procedures, for one year after landfall.
  • Section 28 effectively halts any land-use planning efforts for three years, and applies statewide, retroactively to August 1, 2024. It essentially prevents any land-use planning from August 1, 2024 to October 1, 2027.

Surfrider is concerned that these provisions will not only stagnate local communities’ progress in creating more resilient, healthy, and thriving environments but also rollback important local laws and procedures for our coasts and ocean that were implemented after August 2024. In just the few months since the law was enacted, we have seen challenges and concerns across the state related to local governments’ smart growth policies, stormwater development and construction standards, wetlands restoration and buffer requirements, and more. Track more local impacts here.

Surfrider is part of a coalition and collaborative effort, led by 1000 Friends of Florida, to seek the repeal or significant revision of Section 18 and 28 during the upcoming 2026 Legislative Session. Local governments must have the authority to respond to community needs and pursue common-sense growth policies, vital resilience measures, and key environmental protections.

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