Florida Legislature Amends Ban on Restrictive Development Requirements After Recent Hurricanes

Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted Senate Bill (SB) 250 during the 2023 Regular Session to better assist state and local governments to recover, both structurally and financially, from current and future natural disasters. This measure became effective on July 1, 2023. Some of the key provisions were summarized in a previous Holland & Knight alert, "Florida Law Increases Permit Extensions, Makes Changes Regarding Natural Emergencies" (Sept. 27, 2023).

Only one month later, in August 2023, Hurricane Idalia struck Florida's Big Bend region. Shortly thereafter, the legislature met in a special session and quickly enacted CS/HB 1-C¹ to provide aid to those affected by Hurricane Idalia, among other measures. This new law also seeks to clarify and amend provisions in SB 250 that prohibit certain counties and cities from imposing specified restrictions before Oct. 1, 2024, on the construction or redevelopment of property damaged by Hurricane Ian or Hurricane Nicole. This Holland & Knight alert summarizes some of the key amendments of the new law, which became effective on Nov. 13, 2023.

Clarifies Areas Subject to Ban on More Restrictive Development Requirements

SB 250 provides that a county or municipality located entirely or partially within 100 miles of where either Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian or Hurricane Nicole. Furthermore, a county or municipality shall not propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations or propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order before Oct. 1, 2024.

The new law removes the 100-mile standard and instead lists 10 Florida counties impacted by Hurricane Ian only: Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee and Sarasota. These 10 counties and any municipality located within one of the enumerated counties may not propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian. Counties and cities impacted by Hurricane Nicole are no longer subject to this same prohibition.

Extends the Ban on More Restrictive Development Requirements

As noted, SB 250 imposed a ban on new development requirements until Oct. 1, 2024.

The new law also extends the ban on more restrictive development requirements in counties and cities affected by Hurricane Ian from Oct. 1, 2024, to Oct. 1, 2026. Specifically, the enumerated 10 counties and any municipality located within one of those counties may not 1) propose or adopt any moratorium on construction, reconstruction or redevelopment of any property damaged by Hurricane Ian, 2) propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations and 3) propose or adopt more restrictive or burdensome procedures concerning review, approval or issuance of a site plan, development permit or development order. Again, the new law does not apply to areas affected by Hurricane Nicole, and it does not provide similar relief to those impacted by Hurricane Idalia.

The new law continues to provide that any comprehensive plan amendment, land development regulation amendment, site plan, development permit or development order approved or adopted by a county or municipality before or after the effective date may be enforced if 1) the associated application is initiated by a private party other than the county or municipality, or 2) the property that is the subject of the application is owned by the initiating private party.

If you have any questions or would like assistance regarding these new requirements, please contact one of the authors.

Notes

¹ CS/HB 1-C has been assigned as Chapter No. 2023-349 of the Laws of Florida.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.