HOLMES BEACH – The city is not joining the Senate Bill 180 lawsuit but city officials appreciate the Manatee County Commission’s recent decision to do so.
On Sept. 2, county commissioners voted 6-1 in favor of paying an initial $10,000 fee to join the lawsuit that will challenge a new state law created earlier this year by the Florida Legislature and supported by Gov. Ron DeSantis with the adoption of Senate Bill 180.
Originally intended to ensure property owners’ ability to repair and rebuild their homes after a hurricane, the far-reaching legislation prohibits city and county governments from adopting and enforcing any new development regulations that are more restrictive or cumbersome than those in place on Aug. 1, 2024.
The local regulatory restrictions imposed by the state law are scheduled to expire on Oct. 1, 2027, but would be extended in any jurisdiction located within 100 miles of a federally declared natural disaster area.
Fort Lauderdale-based attorney Jamie Cole is leading the legal challenge. When contacted on Sept. 12, he said 20 Florida cities and counties have joined the lawsuit and no decision has been made yet as to where it will be filed.
As a follow up to their Aug. 26 discussion, Holmes Beach officials revisited the lawsuit discussion on Sept. 11.
“My position hasn’t changed,” City Attorney Erica Augello said. “Whatever the determination on this is, it’s going to affect everybody in the state. It’s up to you if you want to join, but they have enough to move it forward. That’s the consensus in my office as well, with all the jurisdictions that we represent.”
Commissioner Dan Diggins said the only reason he’d vote to join the lawsuit would be to show the city’s support for the county commission’s decision.
Commissioner Terry Schaefer said he discussed the pending lawsuit with the city’s contracted lobbyist, Andrew Kalel. Schaefer said Kalel also believes an eventual court ruling would impact the city with or without joining the lawsuit and joining the lawsuit could impact the city’s relations with state leaders.
Commissioner Steve Oelfke said he discussed the lawsuit with District 3 County Commissioner Tal Siddique and expressed the city’s appreciation and support for the county commission’s decision. Oelfke said Siddique understands the city’s position on not joining the lawsuit.
Commissioner Carol Soustek hopes the lawsuit pressures the Florida Legislature into revising the new law during the 2026 legislative session.
“I support the county for doing this,” she added.
“I agree with everyone up here,” Mayor Judy Titsworth said. “I’m so proud of the county for deciding to join that lawsuit. And we are the county; they’re representing us in this lawsuit.”
Referencing the Florida Legislature’s past support for the previous county commission’s now-abandoned efforts to force the construction of a county-funded parking garage at Manatee Beach, Titsworth said, “We know what it feels like when we get trampled on by the state.”
Regarding the county commission’s decision, the mayor said, “I really support their efforts to try to protect home rule and I do feel they’re doing this to protect us.”
Titsworth said she’d support the city joining the lawsuit if the city commissioners wanted to. Augello said the city commission could revisit that decision later if the law firm handling the case needs more parties to join the lawsuit to help fund the legal challenge.
