Staff Reports

Orange County government is one of 25 municipalities and counties statewide that has filed a lawsuit challenging the legality of Senate Bill (SB) 180, which the plaintiffs say hinders local government control over the communities’ development regulations.  

Weiss Serota Helfman Cole + Bierman (WSHC+B) filed the complaint Monday in the Second Judicial Circuit Court in Leon County, the law firm announced in a press release.   

The lawsuit is about protecting local governments’ right to regulate their own municipalities and counties in accordance with their needs, according to Jamie A. Cole, WSHC+B firm partner who is also the lead attorney representing the plaintiffs.  

“This case isn’t just about stoic legal principles, it’s about protecting home rule authority,” Cole said in a statement. “Every city and county has unique needs, and local leaders are best positioned to make decisions about growth, safety, and resilience. SB 180 is the largest intrusion into local home rule authority since the adoption of the Florida Constitution in 1968.” 

SB 180 was passed during the 2025 legislative session and is aimed at helping people throughout the state rebuild after hurricanes. A late amendment widened the bill’s scope, voiding land-use regulations and comprehensive plans adopted from Aug. 1, 2024, to Oct. 1, 2027.  

The plaintiffs in the suit say the amendment takes away the constitutional right of cities and counties to regulate growth and development. They are asking the court to declare SB 180 unconstitutional and block its enforcement so local governments could re-establish their authority to manage their local land-use and planning and therefore growth and development.  

“SB 180 violates the Florida Constitution and Florida law because it contains more than ‘one subject and matter properly connected therewith,’ has a defective ballot title, is a general law that classifies counties and municipalities on a basis not reasonably related to the subject of the law, constitutes an improper unfunded mandate on the Local Governments, conflicts with Florida’s Community Planning Act, and intrudes on Home Rule Powers,” the lawsuit states.  

The named defendants in the lawsuit are J. Alex Kelly, state secretary of commerce; Kevin Guthrie, executive director for the Florida Division of Emergency Management; Wilton Simpson, state commissioner of agriculture; Jim Zingale, executive director of the Florida Department of Revenue; and Blaise Ingoglia, state chief financial officer. All the defendants are being sued in their official capacity as state administrators.  

WSHC+B partners Chad S. Friedman, Susan L. Trevarthen, and Richard B. Rosengarten and associate Aaron L. Graubert are assisting Cole in representing the plaintiffs. 

The town of Windermere is the only Orange County municipality that is a plaintiff in the lawsuit.  

Besides Orange County and the town of Windermere, WSHC+B is also representing the following municipalities and counties in the lawsuit: city of Destin, city of Lake Alfred, city of Delray Beach, city of Deltona, city of Weston, city of Alachua, city of Stuart, Manatee County, town of Mulberry, city of Naples, Miami Shores Village, town of Lake Park, city of Fort Lauderdale, town of Jupiter, city of Edgewater, city of Pompano Beach, town of Dundee, town of Cutler Bay, village of North Palm Beach, village of Pinecrest, city of Margate, town of Palm Beach and city of Homestead.