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WHEREAS, SB 180 is unconstitutional and invalid because, among other things, it: (a)
<br />embraces more than one subject and matter properly connected therewith in violation of Article
<br />III, Section 6 of the Florida Constitution; (b) includes a defective title in violation of Article III,
<br />Section 6 of the Florida Constitution; (c) requires municipalities and counties to spend in the
<br />aggregate an amount that exceeds an insignificant fiscal impact without including a finding that
<br />the law fulfills an important state interest as required by Article VII, Section 18 of the Florida
<br />Constitution; (d) constitutes a sweeping intrusion on home -rule authority, threatening local ability
<br />to enact land use, zoning, flood -resiliency, and environmental protections, contrary to Article VIII,
<br />Section 2(b) of the Florida Constitution to a degree that renders the constitutional provision
<br />hollow; and(e) contains provisions that classify political subdivisions on a basis that is not
<br />reasonably related to the subject of the law in violation of Art. III, Section 11(b) of the Florida
<br />Constitution; and
<br />WHEREAS, for example, despite SB 180 being titled "Emergencies," SB 180 contains various
<br />matters that are not connected and/or are unrelated to emergencies, including Section 18 and 28's
<br />total ban on any "more restrictive or burdensome" Land Use and Zoning Regulations, and Section
<br />18's prohibition on moratoria on construction, reconstruction, and redevelopment of property,
<br />even if the property is intact and was not damaged by a hurricane or other emergency event; and
<br />WHEREAS, the provisions of SB 180 also impose expenditure obligations upon
<br />municipalities and counties that, as conceded in the Florida Legislature's own staff analysis, exceed
<br />the threshold amount for an unfunded mandate, despite the lack of any finding in SB180 that the
<br />law fulfills an important state interest; and
<br />WHEREAS, Section 18 of SB 180 infringes upon municipal home rule authority by
<br />prohibiting municipalities from enacting Zoning and Land Use Regulations if they are located within
<br />a county that is entirely or partially within -100 miles of the track of a hurricane for one year in a
<br />completely indiscriminate manner that disregards the size, intensity, or impact of a hurricane on
<br />the municipality, whether a proposed Zoning and Land Use Regulation has even a de minimis
<br />impact on hurricane recovery efforts, or even if the Zoning and Land Use Regulations are necessary
<br />to protect the public health, safety, and welfare from the effects of a hurricane; and
<br />WHEREAS, Section 18 of SB 180 further usurps the municipal home rule authority
<br />guaranteed by the citizens of Florida in the Florida Constitution by imposing blanket prohibitions
<br />on any moratoria on construction, reconstruction, or redevelopment of property for one year
<br />whenever a future hurricane falls within 100 miles of the countywhere the municipality is located,
<br />regardless of the necessity or impetus behind such moratoria; and
<br />WHEREAS, Section 28 of SB 180 similarly prohibits municipalities from enacting Zoning and
<br />Land Use Regulations for the entire state of Florida retroactively from August 1, 2024, through
<br />October 1, 2027, without any rational justification; and
<br />WHEREAS, SB 180's vague prohibitions on moratoria on construction, reconstruction, and
<br />redevelopment of properties and Land Use and Zoning Regulations that are "more restrictive or
<br />burdensome," and other ambiguous provisions render SB 180 incomprehensible, create
<br />uncertainty, chill local governance, and encourage preemptive, potentially frivolous, litigation to
<br />force local governments into repealing legislation, even if it might otherwise be a valid exercise of
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