R2025-44 Participation in Lawsuit Challenging Senate Bill 180RESOLUTION NO. 2025-44
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, 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 THE LAW FIRM OF
WEISS SEROTA HELFMAN COLE + BIERI AN, PL TO PROSECUTE
THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2(b) of the Florida Constitution provides that municipalities
"shall have governmental, corporate and proprietary powers to enable them to conduct municipal
government, perform municipal functions and render municipal services," and authorizes
municipalities to exercise any power for municipal purposes except as otherwise provided by law;
and
WHEREAS, pursuant to Section 2(b) of Article VIII of the Florida Constitution and Chapters 163
and 166, Florida Statutes, municipalities have broad authority to adopt comprehensive plans, enact
land development regulations, issue development permits, and impose temporary moratoria in
furtherance of local public health, safety, and welfare, including for purposes of orderly growth,
environmental protection, disaster recovery, and community resiliency; and
WHEREAS, on June 26, 2025, Senate Bill 180 ("SB 180"), titled "Emergencies," was signed into
law by Governor Ron DeSantis and became effective immediately as Chapter 2025-190, Florida
Statutes; and
WHEREAS, among other things, Section 28 of SB 180 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 (collectively, "Land Use and Zoning Regulations")
for the period commencing retroactively from August 1, 2024, through October 1, 2027, even if
such amendments, regulations or procedures are in no way related to any hurricane or other
emergency and even if such amendments, regulations, or procedures were duly enacted prior to
the enactment of SB 180; and
WHEREAS, Section 28 of SB 180 also bans local moratoria on construction, reconstruction, or
redevelopment of property damaged by a hurricane during the same timeframe; and
WHEREAS, Section 18 of SB 180 further prohibits local governments that are located in counties
that are entirely or partially within 100 miles of the track of any future hurricane from enacting
"more restrictive or burdensome" Land Use and Zoning Regulations, and moratoria on
construction, reconstruction, or redevelopment of any property, damaged or not, for a period of
one year after the storm makes landfall; and
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WHEREAS, SB 180 is unconstitutional and invalid because, among other things, it: (a) embraces
more than one subject and matter properly connected therewith in violation of Article III, Section
6 of the Florida Constitution; (b) includes a defective title in violation of Article III, Section 6 of
the Florida Constitution; (c) requires municipalities and counties to spend in the aggregate an
amount that exceeds an insignificant fiscal impact without including a finding that the law fulfills
an important state interest as required by Article VII, Section 18 of the Florida Constitution; (d)
constitutes a sweeping intrusion on home -rule authority, threatening local ability to enact land use,
zoning, flood -resiliency, and environmental protections, contrary to Article VIII, Section 2(b) of
the Florida Constitution to a degree that renders the constitutional provision hollow; and (e)
contains provisions that classify political subdivisions on a basis that is not reasonably related to
the subject of the law in violation of Art. 111, Section 11(b) of the Florida Constitution; and
WHEREAS, for example, despite SB 180 being titled "Emergencies," SB 180 contains various
matters that are not connected and/or are unrelated to emergencies, including Section 18 and 28's
total ban on any "more restrictive or burdensome" Land Use and Zoning Regulations, and Section
18's prohibition on moratoria on construction, reconstruction, and redevelopment of property,
even if the property is intact and was not damaged by a hurricane or other emergency event; and
WHEREAS, the provisions of SB 180 also impose expenditure obligations upon municipalities
and counties that, as conceded in the Florida Legislature's own staff analysis, exceed the threshold
amount for an unfunded mandate, despite the lack of any finding in SB 180 that the law fulfills an
important state interest; and
WHEREAS, Section 18 of SB 180 infringes upon municipal home rule authority by prohibiting
municipalities from enacting Zoning and Land Use Regulations if they are located within a county
that is entirely or partially within 100 miles of the track of a hurricane for one year in a completely
indiscriminate manner that disregards the size, intensity, or impact of a hurricane on the
municipality, whether a proposed Zoning and Land Use Regulation has even a 'de minimis impact
on hurricane recovery efforts, or even if the Zoning and Land Use Regulations are necessary to
protect the public health, safety, and welfare from the effects of a hurricane; and
WHEREAS, Section 18 of SB 180 further usurps the municipal home rule authority guaranteed
by the citizens of Florida in the Florida Constitution by imposing blanket prohibitions on any
moratoria on construction, reconstruction, or redevelopment of property for one year whenever a
future hurricane falls within 100 miles of the county where the municipality is located, regardless
of the necessity or impetus behind such moratoria; and
WHEREAS, Section 28 of SB 180 similarly prohibits municipalities from enacting Zoning and
Land Use Regulations for the entire state of Florida retroactively from August 1, 2024, through
October 1, 2027, without any rational justification; and
WHEREAS, SB 180's vague prohibitions on moratoria on construction, reconstruction, and
redevelopment of properties and Land Use and Zoning Regulations that are "more restrictive or
burdensome," and other ambiguous provisions render SB 180 incomprehensible, create
uncertainty, chill local governance, and encourage preemptive, potentially frivolous, litigation to
force local governments into repealing legislation, even if it might otherwise be a valid exercise of
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home rule authority; and
WHEREAS, the Village Council of the Village of North Palm Beach desires to authorize the
participation of the Village in a lawsuit seeking declaratory, injunctive, and other appropriate relief
from the provisions of SB 180, which impose a blanket statewide prohibition on the exercise of
home rule authority relating to Land Use and Zoning Regulations, based upon the any appropriate
legal theories, including, without limitation, those set forth herein, subject to the participation of
at least ten local governments (the "Lawsuit"); and
WHEREAS, it is in the best interest of the Village to participate in the Lawsuit and to urge other
local governments to join as plaintiffs; and
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. Recitals. The above -stated recitals are hereby adopted and confirmed.
Section 2. Authorization to Participate in Lawsuit. The Village Council hereby authorizes the
Village's participation in the Lawsuit, subject to participation of at least ten local governments.
Section 3. Legal Representation and Fee Structure. Weiss Serota Helfman Cole + Bierman,
PL (the "Firm") is retained to represent the Village in the Lawsuit, at both the trial and appellate
levels. The Firm will charge a flat fee, inclusive of attorneys' fees and costs, of $10,000 to represent
the Village in the Lawsuit in the trial court, which shall be payable within ten days of the effective
date of this Resolution. The Village shall also pay $5,000 to the Firm to represent it in any appeal
related to the Lawsuit that is filed at the District Court of Appeal within 30 days of the filing of
such appeal, and $5,000 to the Firm to represent it in any appeal that is filed at the Florida Supreme
Court within 30 days of the filing of such appeal. The Village acknowledges that the Firm will be
representing other local governments in the Lawsuit and waives any conflicts related to such
representation. The Village also acknowledges that the Firm may represent other entities, private
or public, at the Village and that the representation of Village in this Lawsuit alone, because it is
part of a coalition, will not constitute a conflict of interest and, to the extent it does, waives such
conflict of interest.
Section 4. Urge Participation. The Village invites and urges other local governments to join
as plaintiffs in the Lawsuit and to coordinate their efforts with the Village.
Section 5. Transmittal. The Clerk is directed to distribute this Resolution to all local
governments in Palm Beach County. The Clerk is further directed to distribute this Resolution to
the Firm.
Section 6. Implementation. The appropriate Village officials are authorized to execute all
necessary documents and to take any necessary action to effectuate the intent of this Resolution.
Section 7. Effective Date. This Resolution shall take effect immediately upon adoption.
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PASSED AN ADOPTED THIS 11TH DAY OF SEPTEMBER, 2025.
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