ORANGE COUNTY, Fla. — Developers claim in a new lawsuit Orange County’s growth control ordinances are null and void because of a new state law.
Developers want to transform 1,300 acres of cattle pastures into the proposed “Sustanee” subdivision with about 2,000 homes.
In a 30-page lawsuit filed last week, developers argue Senate Bill 180 overrides the Orange County’s growth controls. The bill, signed into law by Governor Ron DeSantis on July 26, bars counties listed in Federal Disaster Declarations for past hurricanes like Debby, Helene, or Milton from adopting “restrictive” amendments to their comprehensive plans. Orange County is listed in the Federal Disaster Declaration for Hurricane Milton in 2024.
SB 180 says any “restrictive” or “burdensome” amendments are “null and void”.
The suit cites Orange County ordinances, including the rural boundaries constitutional amendment that 73 percent of voters approved in November.
For long-time residents like Carissa Downs, the lawsuit is a disheartening turn.
Downs remembers what the area once was decades ago.
“There was nothing out here. And now it’s really sad to see. There used to be cows everywhere, and there’s none,” Downs said.
University of Central Florida political science professor Aubrey Jewett says Senate Bill 180 was intended to protect homeowners by restricting local governments from passing any rules that make it more difficult for homeowners to rebuild after a hurricane. But if the developer’s interpretation of the law stands in court, the law could have other implications.
“It makes it much more difficult, if this interpretation of the law stands, to pass laws that try to protect the environment or promote smart, responsible growth,” Jewett said.
Downs says she hopes the county wins in court. “But, how much fighting can we do? And how much money do they have? And how much money do we have? But I definitely think the county should fight for it, if there’s any way they can keep it—at least a little bit,” Downs said.
Orange County says it does not comment on pending litigation; however, the county says “Senate Bill 180 will be a priority for Orange County during the coming legislative session. We intend to collaborate closely with our partner communities, the Florida League of Counties, and the Florida Association of Cities to push for amendments to the bill.”
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