Read the full stored bill text
Florida Senate
-
2026
SB 840
By
Senator DiCeglie
18-00753C-26 2026840__
1 A bill to be entitled
2 An act relating to land use regulations for local
3 governments affected by natural disasters; amending s.
4 252.422, F.S.; revising the definition of the term
5 “impacted local government”; prohibiting impacted
6 local governments from enforcing certain moratoriums,
7 requiring the repair or reconstruction of certain
8 improvements to meet certain requirements, or
9 enforcing changes to specified procedures; revising
10 circumstances under which impacted local governments
11 may enforce certain amendments, site plans,
12 development permits, or development orders; providing
13 applicability; authorizing impacted local governments
14 to require a property owner to provide specified
15 documentation; deleting provisions related to filing
16 suit against an impacted local government for
17 injunctive relief; providing construction; deleting
18 obsolete language; amending chapter 2025-190, Laws of
19 Florida; revising the timeframe within which certain
20 counties are prohibited from proposing or adopting
21 certain moratoriums, amendments, or procedures;
22 revising a future expiration date; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 252.422, Florida Statutes, is amended to
28 read:
29 252.422 Restrictions on county or municipal regulations
30 after a hurricane.—
31 (1) As used in this section, the term “impacted local
32 government” means a county listed in a federal disaster
33 declaration located entirely or partially within
50
100
miles of
34 the track of a storm declared to be a hurricane by the National
35 Hurricane Center while the storm was categorized as a hurricane
36
and which was listed in a federal major disaster declaration
37
pursuant to the
Robert T. Stafford Disaster Relief and Emergency
38
Assistance Act, 42 U.S.C.
ss.
5121 et seq.
,
or a municipality
39 located within such a county.
40 (2) For 1 year after a hurricane makes landfall
in this
41
state
, an impacted local government may not
propose
or adopt
:
42 (a)
Enforce
a moratorium
t
hat prevents or delays t
he
repair
43
or
on construction
,
reconstruction
, or redevelopment
of
an
44
existing improvement damaged by such hurricane, unless the
45
moratorium is imposed for the purpose of addressing stormwater
46
or flood water management, potable water supply, or necessary
47
repairs to or replacement of sanitary sewer systems
any
48
property
.
49 (b)
Require the repair or reconstruction
of an existing
50
improvement damaged by such hurricane to comply with an
A
more
51
restrictive or burdensome
amendment to its comprehensive plan or
52 land development regulations
which was first effective after
53
such hurricane made landfall in this state
.
54 (c)
E
nforce
a change to
a
more restrictive or burdensome
55 procedure concerning review, approval, or issuance of a site
56 plan, development permit, or development order, to the extent
57 that those terms are defined in s. 163.3164
, which increases the
58
timeframe for the impacted local government to take final action
59
on such review, approval, or issuance and which is effective
60
after such hurricane makes landfall in this state
.
61 (3) Notwithstanding subsection (2), a comprehensive plan
62 amendment, land development regulation amendment, site plan,
63 development permit, or development order approved or adopted by
64 an impacted local government
before or after June 26, 2025,
may
65 be enforced if:
66 (a) The associated application is initiated by a private
67 party other than the impacted local government and the property
68 that is the subject of the application is owned by the
69 initiating private party;
70 (b)
The proposed comprehensive plan amendment was submitted
71
to reviewing agencies pursuant to s. 163.3184 before landfall;
72
or
73
(c)
The proposed comprehensive plan amendment or land
74 development regulation is approved by the state land planning
75 agency
for an area of critical state concern designated pursuant
76
to chapter 380;
pursuant to s. 380
.05.
77
(c)
The adoption of the comprehensive plan amendment or
78
land development regulation amendment is required to comply with
79
state or federal law; or
80
(d)
The adoption of the comprehensive plan amendment or
81
land development regulation implements a floodplain management
82
standard consistent with 44 C.F.R. part 60, relating to the
83
National Flood Insurance Program.
84 (4)
The prohibitions of paragraphs (2)(b) and (c) apply
85
only to property damaged to such an extent that a permit is
86
required for the repair or reconstruction of the existing
87
improvement. An impacted local government may require a property
88
owner to provide documentation demonstrating that the property
89
was damaged by a hurricane, including, but not limited to,
90
documents produced by property appraisers, insurers, or local
91
building inspectors.
92
(a) Any person may file suit against any impacted local
93
government for declaratory and injunctive relief to enforce this
94
sectio
n.
95
(b) A county or municipality may request a determination by
96
a court of competent jurisdiction as to whether such action
97
violates this section. Upon such a request, the county or
98
municipality may not enforce the action until the court has
99
issued a preliminary or final judgment determining whether the
100
action violates this section.
101
(c) Before a plaintiff may file suit, the plaintiff shall
102
notify the impacted local government by setting forth the facts
103
upon which the complaint or petition is based and the reasons
104
the impacted local government’s action violates this section.
105
Upon receipt of the notice, the impacted local government shall
106
have 14 days to withdraw or revoke the action at issue or
107
otherwise declare it void. If the impacted local government does
108
not withdraw or revoke the action at issue within the time
109
prescribed, the plaintiff may file suit. The plaintiff shall be
110
entitled to entry of a preliminary injunction to prevent the
111
impacted local government from implementing the challenged
112
action during pendency of the litigation. In any action
113
instituted pursuant to this paragraph, the prevailing plaintiff
114
shall be entitled to reasonable attorney fees and costs.
115
(d) In any case brought under this section, all parties are
116
entitled to the summary procedure provided in s. 51.011, and the
117
court shall advance the cause on the calendar.
118 (5)
This section may not be construed to restrict a local
119
government from adopting or enforcing changes to the Florida
120
Building Code or local technical amendments adopted pursuant to
121
s. 553.73(4)
The Office of Program Policy Analysis and
122
Government Accountability (OPPAGA) shall conduct a study on
123
actions taken by local governments after hurricanes which are
124
related to comprehensive plans, land development regulations,
125
and procedures for review, approval, or issuance of site plans,
126
permits, or development orders. The study must focus on the
127
impact that local governmental actions, including moratoriums,
128
ordinances, and procedures, have had or may have on
129
construction, reconstruction, or redevelopment of any property
130
damaged by hurricanes. In its research, OPPAGA shall survey
131
stakeholders that play integral parts in the rebuilding and
132
recovery process. OPPAGA shall make recommendations for
133
legislative options to remove impediments to the construction,
134
reconstruction, or redevelopment of any property damaged by a
135
hurricane and prevent the implementation by local governments of
136
burdensome or restrictive procedures and processes. OPPAGA shall
137
submit the report to the President of the Senate and the Speaker
138
of the House of Representatives by December 1, 2025
.
139 Section 2. Section 28 of chapter 2025-190, Laws of Florida,
140 is amended to read:
141 Section 28. (1) Each county listed in the Federal Disaster
142 Declaration for Hurricane Debby (DR-4806), Hurricane Helene (DR
143 4828), or Hurricane Milton (DR-4834), and each municipality
144 within one of those counties, may not propose or adopt any
145 moratorium on construction, reconstruction, or redevelopment of
146 any property damaged by such hurricanes; propose or adopt more
147 restrictive or burdensome amendments to its comprehensive plan
148 or land development regulations; or propose or adopt more
149 restrictive or burdensome procedures concerning review,
150 approval, or issuance of a site plan, development permit, or
151 development order, to the extent that those terms are defined by
152 s. 163.3164, Florida Statutes, before
June 30, 2026
October 1,
153
2027
, and any such moratorium or restrictive or burdensome
154 comprehensive plan amendment, land development regulation, or
155 procedure shall be null and void ab initio. This subsection
156 applies retroactively to August 1, 2024.
157 (2) Notwithstanding subsection (1), any comprehensive plan
158 amendment, land development regulation amendment, site plan,
159 development permit, or development order approved or adopted by
160 a county or municipality before or after the effective date of
161 this act may be enforced if:
162 (a) The associated application is initiated by a private
163 party other than the county or municipality.
164 (b) The property that is the subject of the application is
165 owned by the initiating private party.
166 (3)(a) A resident of or the owner of a business in a county
167 or municipality may bring a civil action for declaratory and
168 injunctive relief against the county or municipality for a
169 violation of this section. Pending adjudication of the action
170 and upon filing of a complaint showing a violation of this
171 section, the resident or business owner is entitled to a
172 preliminary injunction against the county or municipality
173 preventing implementation of the moratorium or the comprehensive
174 plan amendment, land development regulation, or procedure. If
175 such civil action is successful, the resident or business owner
176 is entitled to reasonable attorney fees and costs.
177 (b) Attorney fees and costs and damages may not be awarded
178 pursuant to this subsection if:
179 1. The resident or business owner provides the governing
180 body of the county or municipality written notice that a
181 proposed or enacted moratorium, comprehensive plan amendment,
182 land development regulation, or procedure is in violation of
183 this section; and
184 2. The governing body of the county or municipality
185 withdraws the proposed moratorium, comprehensive plan amendment,
186 land development regulation, or procedure within 14 days; or, in
187 the case of an adopted moratorium, comprehensive plan amendment,
188 land development regulation, or procedure, the governing body of
189 a county or municipality notices an intent to repeal within 14
190 days after receipt of the notice and repeals the moratorium,
191 comprehensive plan amendment, land development regulation, or
192 procedure within 14 days thereafter.
193 (4) This section expires June 30,
202
6
2028
.
194 Section 3. This act shall take effect July 1, 2026.