NAPLES, Fla. — The Naples City Council is considering whether to join a lawsuit challenging a new Florida law that limits local government authority after hurricanes and other disasters.
Senate Bill 180, signed by Gov. Ron DeSantis in June, aims to accelerate disaster recovery but prohibits local governments from imposing "restrictive or burdensome" rules for up to a year in disaster-affected areas. This includes stricter building codes, development moratoriums, or additional impact fees.
WATCH TO GET A BREAKDOWN OF THE FLORIDA LAW AND WHY IT COULD FACES A CHALLENGE IN COURT:
Critics argue the law's vague language could leave cities vulnerable to legal challenges.
"I think it is important for the city to challenge this law," said Mary Young, president of the Old Naples Association.
Young warned the ambiguous terminology could trigger numerous disputes between the city and developers.
"Absent any judicial determination of what 'burdensome' or 'restrictive' means, you're in a bad situation," Young said. "From that standpoint, Senate Bill 180 and its predecessor, 250, are really headaches for the city — something we don't want to see prevent us from doing things that make sense for our residents."
Both state Rep. Yvette Benarroch and state Sen. Kathleen Passidomo, who represent Naples, voted for the bill. Neither responded to requests for comment about the city's possible lawsuit.
Naples City Attorney Matthew McConnell said sections of the law create significant challenges for local governments, noting that other Florida cities are questioning its constitutionality.
"The constitutionality of this regulation is still in question," McConnell said.
According to the Naples resolution, the city would join the lawsuit only if at least 10 other local governments also participate.
The council is scheduled to vote on August 20 on whether to join the legal challenge.
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