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A RESOLUTION OF THE CITY COMMISSION OF CITY OF POMPANO BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING TO HAVE SENATE BILL 180’S IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING REGULATIONS DECLARED UNCONSTITUTIONAL AND ENJOINED; PROVIDING FOR AN EFFECTIVE DATE.
(Fiscal Impact: N/A)
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(Staff Contact: Mark E. Berman)
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Summary Explanation/Background:
In a sweeping attack on the home rule authority of every city and county in the state of Florida, 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. Critically, 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 Hurricane Debby (DR-4806), Helene (DR-4828), and Milton (DR-4834), those declarations collectively cover every county and municipality in Florida.
Origin of request for this action: City Attorney’s office
Fiscal impact and source of funding: N/A
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