‘People Are Screaming:’ New Florida Law Sows Chaos For Local Governments Land Development

In Brief:

  • ✍️ LDC Rewrite Continues: DeFuniak Springs City Council is proceeding with a comprehensive rewrite of its Land Development Code.
  • 🚫 SB 180’s Impact: New state law (SB 180) signed by Governor DeSantis restricts local governments from implementing more stringent building codes or zoning regulations for three years post-disaster, potentially delaying the new LDC’s full effect until 2027.
  • 💡 Council’s Rationale: Despite concerns about the immediate usability of the rewritten LDC, the Council agreed to continue, emphasizing the necessity of updating the LDC and public demand for improvements.

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DeFuniak Springs City Council is moving forward with a full rewrite of the city’s Land Development Code (LDC), despite concerns that a new state law may delay implementation of the changes until at least 2027.

The City Council of DeFuniak Springs met this week to discuss the effort the City is currently making to rewrite its Land Development Code (LDC).  Within Walton County, there is also considerable discussion, if not confusion, about recent legislation (especially Senate Bill 180) that was signed into law by Governor Ron DeSantis on June 26, 2025.  SB 180 is described as the process to “streamline rebuilding after a hurricane by limiting the local government’s ability to make post-disaster changes to comprehensive plans and land development regulations…This means that local governments in affected areas may not be able to implement stricter building codes or zoning regulations in the aftermath of a disaster.”

 

The Land Development Code (LDC) serves as the formal guide used by municipalities for building projects within the city or county.  It provides developers and all parties involved with construction with the required guidelines for building codes (restrictions, regulations).  

So, how does SB180 impact the LDC and the City of DeFuniak Springs?

According to the Florida Senate“It [the law] requires each…municipality to develop a post-storm plan to expedite recovery and rebuilding and ensure sufficient staffing for increased permitting and inspection demands.”  Added to that, “a municipality located within an area for which a state of emergency is declared for a hurricane…prohibits the imposition of impact fees for replacement structures if the land use is the same as the original.”

But what does that mean?

In his explanation to the City Council, City Attorney Clay Adkinson said, “We are [currently] prohibited from making any amendment to our Land Development Code (LDC), comprehensive plan, or any other land development policy that is more restrictive or burdensome than the laws that were in effect at the time.  Considering that, we’re doing a complete rewrite of our LDC; it is entirely fair to say that there will be at least some elements that are more burdensome or restrictive.  We are prohibited from making those changes for a period of three years, which would take us to 2027.”

The City Council discussed the pros and cons of continuing the work that is currently underway with Kimley Horn, a consulting firm, recently hired to assist with the “rewrite” of the LDC.  With the impact of SB 180, there was concern that continuing with the revision effort might not be worth the investment, especially if the project is completed and then required to be “shelved” (or unused) until 2027.  However, because the projected completion of the revised LDC is 2 years away, the City Council agreed that it is best to continue making progress (directing the consulting firm to continue working) on the City’s LDC that needs to be improved and updated.

Councilman Danny Cosson (Seat 5) added that “People are screaming.” [meaning that citizens want improvements made with the LDC].  He referred to recent construction developments, and he stated that the easiest way to prepare land for development is to knock down every tree on the building site.  Cosson said that it is the easiest approach, but he added, “We are a Tree City USA.”  

Even though the LDC revision process by Kimley-Horn may finish before the restrictive timeframe imposed by SB180, the Council agreed that the work on the LDC is not optional and is a priority for future development.