Despite a new state law preventing them from doing so, several Florida cities have paused new construction within city limits. They did so due to concerns of new developments causing flooding and other negative effects for existing property owners.
While local governments taking such actions risks legal challenges from developers as well as the state, it also highlights a major issue that many Florida cities are confronting: flooding of existing properties caused by the breakneck pace of construction of new homes in the Sunshine State. While the United States, and Florida in particular, is facing a housing shortage, rapid development at the cost of existing homes or communities is causing flooding and putting strains on existing infrastructure. It also is prompting serious concerns from local communities. These concerns are so serious that some Florida municipalities have enacted moratoriums against new developments within city limits despite the risk of legal action from the state or developers.
Senate Bill 180
Senate Bill 180 (“SB180”) was passed by the Florida Legislature during its 2025 session. It went into effect on July 1, 2025. SB180 originally was supposed to be about rebuilding from several devastating hurricanes that struck Florida in the past several years. Instead, however, the legislation morphed into greater state control over local building controls. Its original goals included prohibiting local governments from implementing overly restrictive conditions on residents rebuilding after the past several storm seasons. What has happened, instead, is the state government took away local governments’ ability to regulate development within their borders.
SB180 prohibits local governments from placing any moratoriums on new development within their city limits or creating any restrictive amendments to their respective land development regulations. SB180 applies retroactively to any new building restrictions put in place by any Florida municipality from August 2024 onward. The legislation further would allow developers to sue any municipality or local government that passes additional restrictions or enacts building moratoriums in contravention of SB180.
Cities Pause New Construction Anyway
Despite the potential consequences of violating SB180, some local governments are still concerned enough about the issue of new developments flooding existing properties that they are risking potential challenges from either the state or developers by enacting moratoriums on development within their city limits, SB180 be damned.
Deltona in Volusia County is one such municipality. Its City Council paused all new construction within the city limits in July to allow it to assess the adequacy of its infrastructure challenges, in particular its stormwater drainage/management systems and emergency services. Not to be outdone, Orange County has filed a lawsuit has filed suit challenging the legality of SB180 as unconstitutional and overly broad.
The fact that these cities would be willing to risk the potential legal exposure that comes from defying such a state law is a testament to the problems they have experienced over the past several years as a result of the historic storms and the strain they have put on existing stormwater drainage and municipal infrastructure.
Contact the Florida Flood Lawyer if You Are Experiencing Flooding
If you have suffered property damage caused by flooding from new construction in Florida, contact me via e-mail or at (352) 448-1450 to discuss your options. I have experience representing homeowners who have been negatively affected by new developments that cause existing properties to flood. I will work with you to ensure that your rights as an existing property owner are protected.
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