HomeMy WebLinkAboutReso 2025-3919RESOLUTION NO. 2025 -�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES 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 WEISS
SEROTA HELFMAN COLE + BIERMAN, PL TO PROSECUTE THE LAWSUIT;
AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; 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
@Bcl@2815fboc SB 180 Lawsuit Page 1 of 4 393
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. III, 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 SB180 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 countywhere 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
@Bcl@2815fbOc 58 180 Lawsuit page 2 of 394
home rule authority; and
WHEREAS, the City Commission desires to authorize the participation of the City 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 (the "Lawsuit"); and
WHEREAS, said Lawsuit was filed in the Circuit Court of the Second Judicial Circuit in and for
Leon County, Florida, on September 29, 2025, on behalf of 25 local governments; and
WHEREAS, it is in the best interest of the City to participate in the Lawsuit and to urge
other local governments to join as plaintiffs;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. Authorization to Participate in Lawsuit. The City Commission hereby authorizes the
participation of the City in the Lawsuit.
Section 3. Legal Representation and Fee Structure. Weiss Serota Helfman Cole + Bierman, PL
(the "Firm") is retained to represent the City 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
City in the Lawsuit in the trial court, which shall be payable within ten days of the effective date of
this Resolution. The City 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 City acknowledges that the Firm will be
representing other local governments in the Lawsuit and waives any conflicts related to such
representation. The City also acknowledges that the Firm may represent other entities, private or
public, and that the representation of City 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. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate the terms of this
Resolution.
Section 5. Urge Participation. The City Commission invites and urges other local governments
to join as plaintiffs in the Lawsuit and to coordinate their efforts with the City.
Section 6. Transmittal. The City Attorney is hereby directed to distribute this Resolution to the
Firm.
Section 7. Effective Date. This Resolution shall become effective upon adoption.
@Bcl@2815fbOc SB 180 Lawsuit Page 3 of 4 395
PASSED AND ADOPTED this 16th day of Oct96er,
ncud, CMC, City Clerk
Larisa Svechin, M
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
44't') &=
A ain E. Boi eau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by.en""lSSA��f)A-Seconclecl by: c'� 4 4S I v �`X�
Vote:
/
N
Mayor Svechin
Vice Mayor Lama
(Yes)
(No)
Commissioner Joseph
(Yes)
—7(Yes)
(No)
(No)
Commissioner Stuyvesant
- es)
(No)
Commissioner Viscarra
(Yes)
(No)
@Bcl@2815fbOc 5B 180 Lawsuit Page 4 of 4 396
efr�' of s�td A�,o
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager.
FROM: Alain E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney.
DATE: October 16, 2025
RE: Authorization to Participate in a Lawsuit Relating to Senate Bill 180, titled
"Emergencies"
RECOMMENDATION:
Adopt the Resolution.
REASONS:
This resolution authorizes the City's participation in a lawsuit challenging the constitutionality of Senate
Bill 180 (SB 180), which imposes a blanket statewide prohibition on the exercise of municipal home rule
authority over land use and zoning regulations. SB 180 retroactively and prospectively restricts local
governments from enacting or enforcing comprehensive plan amendments, development regulations,
and moratoria even in response to emergencies or in furtherance of public health, safety, and welfare.
These provisions undermine the City's ability to govern locally and respond to community needs,
particularly in the aftermath of hurricanes and other disasters.
The lawsuit, filed in the Second Judicial Circuit in Leon County on behalf of 25 local governments, seeks
declaratory and injunctive relief to invalidate SB 180 on multiple constitutional grounds. The resolution
also authorizes the retention of Weiss Serota Helfman Cole + Bierman, PL to prosecute the case on
behalf of the City.
ATTACHMENTS:
Resolution
Item Number: 9.0
392