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 that prevents or delays the 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) Enforce 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 section.
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, 2026 2028.
194 Section 3. This act shall take effect July 1, 2026.