TO: Mayor and City Commission
FROM: Cale Curtis, City Manager
DATE: September 17, 2025
Title
RESOLUTION - AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING, AMONG OTHER THINGS, TO DECLARE THAT SENATE BILL 180’S IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING REGULATIONS, IS UNCONSTITUTIONAL AND SHOULD BE ENJOINED, AND RETAINING WEISS SEROTA HELFMAN COLE + BIERMAN, PL TO PROSECUTE THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND: In the 2025 legislative session, the Florida Legislature has adopted, and the Governor signed, Senate Bill 180 (SB 180) with a last-minute amendment that prohibits all local government initiated ordinances that impose “more restrictive or burdensome” comprehensive plan amendments, land development regulations, or procedures concerning review, approval, or issuance of site plans, development permits, or development orders for the period commencing August 1, 2024, through October 1, 2027. SB 180 also bans local moratoria on construction, reconstruction, or redevelopment of property damaged by a hurricane during the same timeframe. Furthermore, the amended law applies retroactively, declaring such ordinances null and void ab initio.
Although the amendment appears to be limited in its impact and apply only to counties identified in Federal Disaster Declarations for Hurricanes Debby (DR-4806), Helene (DR-4828), and Milton (DR-4834), those declarations collectively cover every county and municipality in Florida.
This agenda item provides for the City of Margate to join other municipalities and counties for representation by Weiss Serota for the filing of a lawsuit challenging SB 180.
RECOMMENDATION: For approval.
FISCAL IMPACT: $10,000 for initial representation; $5,000 for appeal representation
CONTACT PERSON: David N. Tolces, City Attorney