By Mitch Perry, Florida Phoenix
Alleging that it violates multiple provisions of the Florida Constitution, an environmental group and an Orange County resident have filed a lawsuit to block the enforcement of a new state law that restricts local governments from regulating development.
Related: Orange County among 25 Florida municipalities to sue state over new development law.
It is the second such lawsuit filed in the past two weeks aimed at Senate Bill 180, a measure sponsored by Pinellas County Republican state Sen. Nick DiCeglie that passed during the 2025 legislative session and was signed by Gov. Ron DeSantis ostensibly to aid in hurricane recovery.
The plaintiffs are the smart-growth group 1000 Friends of Florida and east Orange County resident Rachel Hildebrand, represented by Broward County land-use attorney Richard Grosso. They filed their request for declaratory and injunctive relief on Tuesday in Florida’s Second Judicial Circuit in Leon County.
The measure bans local governments from adopting “more restrictive or burdensome” land-use or zoning rules for three years following the 2024 hurricanes Debby, Helene, and Milton — that is, until October 2027. The lawsuit notes that the law “also allows ‘any person’ to sue to invalidate a plan, amendment, regulation or development order without needing to show that they are impacted by it in any way, and to receive attorney’s fees and costs if they succeed.”
The complaint alleges that SB 180 violates the single-subject rule by bundling unrelated policy changes into an emergency-management bill; is arbitrary and capricious because its prohibition is triggered by random, unrelated hurricanes; is unconstitutionally vague by broadly prohibiting undefined “more restrictive or burdensome” planning measures; and is inconsistent with the Florida Constitution’s “natural resources” clause by blocking local actions needed to protect air, water, and sensitive lands.
“SB 180 goes far beyond disaster recovery. It undermines communities of the basic ability to plan responsibly for growth, infrastructure, and the environment,” said Paul Owens, president of 1000 Friends. “Voters and local officials across the state are being silenced just when Florida most needs smart, resilient planning.”
Hildebrand lives with her family in the Lake Pickett Rural Settlement of Orange County, within an area identified as rural under the county’s “rural boundary” comprehensive plan provisions, which voters approved as a charter amendment in 2024.
In June 2025, Orange County Commissioners adopted changes to the comprehensive plan, including additional protections for certain lands, like Hildebrand’s, within the rural boundary. Pursuant to Florida’s Community Planning Act, Orange County submitted those amendments to the Florida Department of Commerce for its statutorily required review. On July 28, that department declared that the comprehensive plan amendments were “null and void,” citing Senate bill 180.
In a press release announcing the lawsuit, 1000 Friends says that more than a dozen local governments across Florida have received similar letters from the Department of Commerce, declaring their proposed planning or land-use policy changes also “null and void” under SB 180. In many cases, the group alleges that those local updates were designed to strengthen stormwater management, protect natural resources, or prevent urban sprawl.
“We’ve done everything right to protect our rural community, but the state’s actions are stripping away those safeguards,” Hildebrand said in a written statement. “This fight is about ensuring our local voice is heard and that our children can inherit the safe, natural environment we’ve worked so hard to preserve.”
Twenty-five local governments filed a similar lawsuit last week, attempting to block provisions of SB 180 from taking effect.
Speaking during an event hosted by the Tampa Bay Beaches Chamber of Commerce last month, Sen. DiCigle acknowledged his law “has been a hot topic.”
“Most of that had to do with planning and recovery efforts,” he said. “We’re going to potentially have to make some adjustments to clarify some of the language in that bill.
The defendants are Florida Secretary of Commerce J. Alex Kelly, Department of Emergency Management Executive Director Kevin Guthrie, Florida Commissioner of Agriculture Wilton Simpson, Florida Department of Revenue Executive Director Jim Zingale, and Florida Chief Financial Officer Blaise Ingoglia.
