Home builders enter growth law fray

The Florida Home Builders Association has entered a legal fight over a new state law that limits cities and counties from approving what lawmakers describe as “more restrictive or burdensome” changes to growth plans.

The association and one of its members, Northwest Florida builder Alton Lister, intervened Tuesday as 25 cities and counties, along with the growth-management group 1000 Friends of Florida, seek a preliminary injunction against the sweeping law (SB 180). Lawmakers said the measure was designed to help Florida recover from hurricanes that struck in 2024.

“Plaintiffs’ attempts to enjoin Senate Bill 180 in its entirety would greatly (and negatively) affect ongoing work of the association’s members and affiliates throughout the state,” the builders wrote in their motion to intervene. “Increased red tape, costs and delays are just some of the cascading effects of the relief plaintiffs seek (and to which they’re not entitled).”

Leon County Circuit Judge Angela Dempsey approved the motion to intervene and is scheduled to hold a hearing Friday on the request for a preliminary injunction, as well as a motion by state officials to dismiss the case.

In a filing Monday, attorneys for the cities, counties and growth advocates said the law “has caused confusion and turmoil” statewide.

“Counties and municipalities are spending significant funds to take actions required under SB 180 and are approving projects that, but for SB 180, would not be approved,” the plaintiffs’ attorneys wrote.

The local governments filed suit in September, with 1000 Friends of Florida and Orange County resident Rachel Hildebrand filing a separate challenge soon after. The cases were later consolidated.

Much of the dispute centers on provisions that effectively freeze local land-development regulations and comprehensive plans through Oct. 1, 2027. Those provisions were made retroactive to Aug. 1, 2024.

Plaintiffs argue the law violates constitutional home-rule authority, runs afoul of the single-subject requirement for legislation and strips local governments of their ability to manage growth.

In their motion, builders warned that blocking the law would have immediate consequences.

“Plaintiffs don’t like SB 180’s bar on local construction moratoriums and more burdensome land use regulations,” the motion said. “If these provisions of SB 180 are enjoined, however, construction timelines would suffer. Projects already underway or planned for a storm-damaged area could suddenly be halted.”

The law passed with little opposition during the spring legislative session following hurricanes Debby, Helene and Milton. It addressed issues including debris removal, mutual-aid agreements and building-permit and inspection fees. Gov. Ron DeSantis has defended the measure as helping storm victims rebuild without unnecessary government interference.

The lawsuits name as defendants Florida Department of Commerce Secretary J. Alex Kelly, Division of Emergency Management Director Kevin Guthrie, Department of Revenue Executive Director Jim Zingale and Chief Financial Officer Blaise Ingoglia, citing their roles in implementing the law or overseeing local-government funding.

State attorneys have asked the court to dismiss the case, arguing in part that the plaintiffs lack legal standing.