SB 180 In Florida: Protecting Property Rights After Hurricanes

In May 2025, Governor Ron DeSantis signed Florida Senate Bill 180 (SB 180) into law, now codified as Chapter 2025-190, Laws of Florida. This legislation significantly changes how local governments can regulate land use, zoning, and development after hurricanes and other natural disasters. The purpose of SB 180 is to create a uniform regulatory framework that promotes faster recovery and rebuilding by preventing counties and municipalities from adopting rules that are more restrictive than their existing comprehensive plans or land development regulations.

For property owners, developers, and businesses, this law could make a major difference in how quickly projects move forward after a storm.

How SB 180 Works

SB 180 establishes two separate enforcement provisions:

1. Emergency Management Provision (Section 252.422, Florida Statutes)

1. Applies to "impacted local governments" in counties under federal disaster declarations located within 100 miles of a hurricane's track.
2. For one year after landfall, local governments cannot impose:
   1. Moratoria on construction, reconstruction, or redevelopment
   2. More restrictive amendments to land development regulations or comprehensive plans
   3. More burdensome permitting or approval procedures
3. Standing: Any person affected can sue.
4. Notice: Plaintiffs must provide written notice to the local government and allow a 14-day cure period before filing suit.
5. Relief: Plaintiffs may obtain declaratory and injunctive relief, an immediate preliminary injunction, and attorneys' fees if successful.

2. Session Law Provision (Section 28, Ch. 2025-190, Laws of Florida)

1. Applies statewide, retroactive to August 1, 2024, and effective through October 1, 2027, with enforcement remedies available until June 30, 2028.
2. Local governments cannot enact moratoria or impose stricter rules that violate the "Disaster Relief Restrictions."
3. Standing: Only residents and business owners in the affected jurisdiction may sue.
4. Notice: Not required before filing suit, though notice impacts attorneys' fee recovery.
5. Relief: Plaintiffs can seek declaratory and injunctive relief, preliminary injunctions, and attorneys' fees if the local government does not cure within the statutory period.

Why These Provisions Matter

• For Developers: Section 252.422 offers broad standing and expedited summary procedures, making it especially valuable for large-scale recovery projects in hurricane-impacted areas. The Session Law Provision can be used statewide but limits standing to local residents and business owners.
• For Business Owners: Both provisions help prevent unnecessary delays when reopening or expanding operations after a storm.
• For Homeowners: The Session Law Provision provides a direct path to court without a notice requirement, while Section 252.422 protects against moratoria or permitting delays in hurricane-impacted counties.

Both provisions also include attorneys' fee shifting, reducing the financial burden on those challenging unlawful regulations.

Key Takeaways

• SB 180 prevents local governments from enacting stricter land use rules during recovery.
• Two enforcement tracks exist—one limited to federally declared hurricane zones (Emergency Management Provision) and one applying statewide (Session Law Provision).
• Property owners, developers, and businesses have expanded legal tools to challenge improper restrictions, obtain quick injunctions, and recover legal fees.
• Timelines and standing vary, so knowing which provision applies is critical.

Protect Your Property Rights

Florida's growth and resilience depend on rebuilding quickly and fairly after natural disasters. Senate Bill 180 reshapes the balance between state and local authority, creating both opportunities and challenges for anyone navigating development rules.