Naples joins lawsuit challenging state limits on local land-use rules

City of Naples joined about 10 other local Florida governments in a class-action lawsuit that will challenge the state over a new law that “significantly limits” their authority to adopt new, more restrictive land-use regulations. 

Council voted 4-3 on Sept. 3, with Vice Mayor Terry Hutchison making the motion, with Mayor Teresa Heitmann, and council members Beth Petrunoff and Linda Penniman agreeing they should fight Senate Bill 180, which became law June 26. Council members Ray Christman, Berne Barton and Bill Kramer were opposed, saying a lawsuit shouldn’t be their first step and, instead, they should discuss it when they meet with state delegates Sept. 15. 

Council members said they had already raised concerns and asked for guidance on recent state laws limiting local authority, including the Live Local Act, rules on private providers and Senate Bill 250. Passed in July 2023, SB 250 restricts counties hit by hurricanes Ian and Nicole from adopting stricter land-use or development regulations, and its provisions have been extended through October 2027. 

Counties and cities, including Punta Gorda, have had to repeal recently adopted land-development regulations because of the new law, or delay those decisions. 

“It’s egregious for the state to take away home rule, it’s unethical,” said Heitmann, who has long railed against the state limiting governments’ abilities to control long-range planning, growth, permitting fees and other rights. “I’m going to fight for our community because it’s wrong, because we need to protect it, and I’ll just persevere just like I have.” 

Petrunoff said she had spoken with state Sen. Kathleen Passidomo of Naples about SB 250 before it passed and noted that the city has been seeking guidance from the state for more than two years without receiving a response.  

“And we were blown off,” Petrunoff said. “There was utter silence.” 

She expected the same this time, likening legislators’ performance to “credit bureaus’ past performance as a sign of future predictability” and suggested this new law could get “pushed forever.” 

She noted that some government officials who joined the lawsuit are fearful of retaliation and have received threats, but she agreed Naples should fight. “… It could also be that just those 10 cities that are joining in that lawsuit are the only ones that get relief … and we are stuck with what we’ve got,” she said. 

Christman agreed SB 180 was the “most dramatic example” of taking away local governments’ home rule.  

“It’s egregious, it’s outrageous, it’s terrible,” Christman said. “The question before us is: ‘What is the most effective strategy for reversing this?’” 

He contended it would be a “very poor strategic decision” to sue and suggested working with state legislators to fix it. 

The new law builds on SB 250. SB 180 prohibits local governments from enacting land-use regulations that are “more restrictive or burdensome” for up to one year after a future hurricane makes landfall, if the community is within 100 miles of the storm track. It allows anyone to challenge ordinances through a pre-suit process and governments would face up to $250,000 in legal fees if they lose.  

Although the law appears to affect only certain communities hit by hurricanes Debby, Helene and Milton, it applies to all Florida communities “due to the breadth of recent federal disaster declarations,” according to Weiss Serota Helfman Cole + Bierman PL’s website. Attorney Jamie Cole, who specializes in home-rule matters, said in an email that they already have 13 local governments that passed resolutions to join the lawsuit and plan to file it mid-September.

“SB180 is the largest intrusion into home rule in the history of Florida since the adoption of the 1968 constitution,” Cole said. “The bill goes far beyond the initial purpose of assisting property owners whose property was destroyed in a hurricane. Rather, it prohibits cities and counties from adopting any land development regulations that would hinder development of any property, including those that were not impacted at all by a hurricane.”

The website shows Manatee and Orange counties and the cities of Deltona, Alachua, Stuart and Windermere are among those that joined the lawsuit. 

City Attorney Matthew McConnell told Council the firm already had the 10 governments required to file the lawsuit and he was asked not to disclose them during the meeting. He noted Council’s next meeting is Sept. 24, and the lawsuit would be filed in mid-September.  

The city has its legislative delegation meeting Sept. 15, he said, and he’s been reaching out to senators, representatives and is working with the Florida League of Cities. He’s also drafted updates the city hopes to provide to the Legislature, but said Council must make a decision before it’s filed. He was uncertain if they could join later. 

The agreement approved by Council shows it will cost the city $10,000 to join the initial lawsuit, an additional $5,000 if there’s an appeal and another $5,000 if it goes to the state Supreme Court.