LTC 425-2025 CITY OF HOMESTEAD RESOLUTION NO. R2025-09-121MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 424-2025 LETTER TO COMMISSION
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Rafael E. Granado, City Clerk N
DATE: October 6, 2025
SUBJECT: CITY OF HOMESTEAD RESOLUTION NO. R2025-09-121
Attached for your information is Resolution No. R2025-09-121, adopted by the Mayor and City Council of the City of Homestead on September 24, 2025.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, AUTHORIZING PARTICIPATION IN A LAWSUIT SEEKING,
AMONG OTHER THINGS, TO DECLARE THAT SENATE BILL 180'S
IMPOSITION OF A BLANKET STATEWIDE PROHIBITION ON THE EXERCISE OF HOME RULE AUTHORITY OVER LAND USE AND ZONING
REGULATIONS, IS UNCONSTITUTIONAL AND SHOULD BE ENJOINED,
AND RETAINING WEISS SEROTA HELFMAN COLE & BIERMAN, PL TO PROSECUTE THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE.
The City of Homestead Clerk has requested that a copy of this resolution be provided to the Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\L TC's -Transmittal's\Homestead\Resolution R2025-09-121 City of Homestead.docx
CITY OF HOMESTEAD,FLORIDA
RESOLUTION NO.R2025-09-121
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
HOMESTEAD,FLORIDA,AUTHORIZING
PARTICIPATION IN A LAWSUIT SEEKING,AMONG
OTHER THINGS,TO DECLARE THAT SENATE
BILL 180'S IMPOSITION OF A BLANKET STATEWIDE
PROHIBITION ON THE EXERCISE OF HOME RULE
AUTHORITY OVER LAND USE AND ZONING
REGULATIONS,IS UNCONSTITUTIONAL AND
SHOULD BE ENJOINED,AND RETAINING WEISS
SEROTA HELFMAN COLE 8 BIERMAN,PL TO
PROSECUTE THE LAWSUIT;AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Article VIII,Section 2(b)of the Florida Constitution provides that
municipalities "shall have governmental,corporate and proprietary powers to enable them
to conduct municipal government,perform municipal functions and render municipal
services,"and authorizes municipalities to exercise any power for municipal purposes
except as otherwise provided by law;and
WHEREAS,pursuant to Section 2(b)of Article VIII of the Florida Constitution and
Chapters 163 and 166,Florida Statutes,municipalities have broad authority to adopt
comprehensive plans,enact land development regulations,issue development permits,
and impose temporary moratoria in furtherance of local public health,safety,and welfare,
including for purposes of orderly growth,environmental protection,disaster recovery,and
community resiliency;and
WHEREAS,on June 26,2025,Senate Bill 180 ("SB 180"),titled "Emergencies,"
was signed into law by Governor Ron Desantis and became effective immediately as
Chapter 2025-190,Florida Statutes;and
WHEREAS,among other things,Section 28 of SB 180 prohibits all local
government-initiated ordinances that impose "more restrictive or burdensome"
comprehensive plan amendments,land development regulations,or procedures
concerning review,approval,or issuance of site plans,development permits,or
development orders (collectively,"Land Use and Zoning Regulations")for the period
commencing retroactively from August 1,2024,through October 1,2027,even if such
amendments,regulations or procedures are in no way related to any hurricane or other
emergency and even if such amendments,regulations,or procedures were duly enacted
prior to the enactment of SB 180;and
WHEREAS,Section 28 of SB 180 also bans local moratoria on construction,
reconstruction,or redevelopment of property damaged by a hurricane during the same
timeframe;and
WHEREAS,Section 18 of SB 180 further prohibits local governments that are
located in counties that are entirely or partially within 100 miles of the track of any future
hurricane from enacting "more restrictive or burdensome"Land Use and Zoning
Regulations,and moratoria on construction,reconstruction,or redevelopment of any
property,damaged or not,for a period of one year after the storm makes landfall;and
WHEREAS,SB 180 is unconstitutional and invalid because,among other things,
it:
(a)embraces more than one subject and matter properly connected therewith in
violation of Article Ill,Section 6 of the Florida Constitution;
(b)includes a defective title in violation of Article 111,Section 6 of the Florida
Constitution;
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(c)requires municipalities and counties to spend in the aggregate an amount that
exceeds an insignificant fiscal impact without including a finding that the law fulfills an
important state interest as required by Article VI I,Section 18 of the Florida Constitution;
(d)constitutes a sweeping intrusion on home-rule authority,threatening local ability
to enact land use,zoning,flood-resiliency,and environmental protections,contrary to
Article VIII,Section 2(b)of the Florida Constitution to a degree that renders the
constitutional provision hollow;and
(e)contains provisions that classify political subdivisions on a basis that is not
reasonably related to the subject of the law in violation of Art.111,Section 11 (b)of the
Florida Constitution;and
WHEREAS,for example,despite SB 180 being titled "Emergencies,"SB 180
contains various matters that are not connected and/or are unrelated to emergencies,
including Section 18 and 28's total ban on any "more restrictive or burdensome"Land
Use and Zoning Regulations,and Section 18's prohibition on moratoria on construction,
reconstruction,and redevelopment of property,even if the property is intact and was not
damaged by a hurricane or other emergency event;and
WHEREAS,the provisions of SB 180 also impose expenditure obligations upon
municipalities and counties that,as conceded in the Florida Legislature's own staff
analysis,exceed the threshold amount for an unfunded mandate,despite the lack of any
finding in SB 180 that the law fulfills an important state interest;and
WHEREAS,Section 18 of SB 180 infringes upon municipal home rule authority by
prohibiting municipalities from enacting Zoning and Land Use Regulations if they are
located within a county that is entirely or partially within 100 miles of the track of a
R2025-09-121 3
hurricane for one year in a completely indiscriminate manner that disregards the size,
intensity,or impact of a hurricane on the municipality,whether a proposed Zoning and
Land Use Regulation has even a de minimis impact on hurricane recovery efforts,or even
if the Zoning and Land Use Regulations are necessary to protect the public health,safety,
and welfare from the effects of a hurricane;and
WHEREAS,Section 18 of SB 180 further usurps the municipal home rule authority
guaranteed by the citizens of Florida in the Florida Constitution by imposing blanket
prohibitions on any moratoria on construction,reconstruction,or redevelopment of
property for one year whenever a future hurricane falls within 100 miles of the county
where the municipality is located,regardless of the necessity or impetus behind such
moratoria;and
WHEREAS,Section 28 of SB 180 similarly prohibits municipalities from enacting
Zoning and Land Use Regulations for the entire state of Florida retroactively from August
1,2024,through October 1,2027,without any rational justification;and
WHEREAS,SB 180's vague prohibitions on moratoria on construction,
reconstruction,and redevelopment of properties and Land Use and Zoning Regulations
that are "more restrictive or burdensome,"and other ambiguous provisions render SB 180
incomprehensible,create uncertainty,chill local governance,and encourage preemptive,
potentially frivolous,litigation to force local governments into repealing legislation,even if
it might otherwise be a valid exercise of home rule authority;and
WHEREAS,the City Council of the City of Homestead (the "City")desires to
authorize the participation of the City in a lawsuit seeking declaratory,injunctive,and
other appropriate relief from the provisions of SB 180,which impose a blanket statewide
R2025-09-121 4
prohibition on the exercise of home rule authority relating to Land Use and Zoning
Regulations,based upon the any appropriate legal theories,including,without limitation,
those set forth herein,subject to the participation of at least ten local governments (the
"Lawsuit");and
WHEREAS,it is in the best interest of the City to participate in the Lawsuit and to
urge other local governments to join as plaintiffs.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY OF THE CITY OF
HOMESTEAD,FLORIDA,AS FOLLOWS:
Section 1.Recitals.The above-stated recitals are hereby adopted and
confirmed.
Section 2.Authorization to Participate in Lawsuit.The City Council hereby
authorizes the participation of the City in the Lawsuit,subject to participation of at least
ten local governments.
Section 3.Legal Representation and Fee Structure.Weiss Serota Heitman
Cole +Bierman,PL (the "Firm")is retained to represent the City in the Lawsuit,at both
the trial and appellate levels.The Firm will charge a flat fee,inclusive of attorneys'fees
and costs,of $10,000 to represent the City in the Lawsuit in the trial court,which shall be
payable within ten days of the effective date of this Resolution.The City shall also pay
$5,000 to the Firm to represent it in any appeal related to the Lawsuit that is filed at the
District Court of Appeal within 30 days of the filing of such appeal,and $5,000 to the Firm
to represent it in any appeal that is filed at the Florida Supreme Court within 30 days of
the filing of such appeal.The City acknowledges that the Firm will be representing other
R2025-09-121 5
local governments in the Lawsuit and waives any conflicts related to such representation.
The City also acknowledges that the Firm may represent other entities,private or public,
at the City and that the representation of City in this Lawsuit alone,because it is part of a
coalition,will not constitute a conflict of interest and,to the extent it does,waives such
conflict of interest.
Section 4.Urge Participation.The City invites and urges other local
governments to join as plaintiffs in the Lawsuit and to coordinate their efforts with the City.
Section 5.Transmittal.The City Clerk is directed to distribute this Resolution
to all local governments in Miami-Dade County,the Miami-Dade County League of Cities,
and the Miami-Dade City and County Management Association.The City Clerk is further
directed to distribute this Resolution to the Firm.
Section 6.Implementation.The appropriate City officials are authorized to
execute all necessary documents and to take any necessary action to effectuate the intent
of this Resolution.
Section 7.Effective Date.That this Resolution shall take effect immediately
upon the adoption hereof.
PASSED AND ADOPTED THIS 24 day of Sente
TEVEN D.LOSNER,
Mayor
SPONSORED BY:MAYOR STEVEN D.LOSNER
R2025-09-121 6
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
Moved by:
Seconded by:
Council Vote:
FINAL VOTE AT ADOPTION:
Mayor Steven D.Losner
Vice Mayor Sean Fletcher
Councilwoman Erica G.Avila
Councilwoman Jenifer N.Bailey
Councilman Clemente Canabal
Councilman Tom Davis
Councilman Larry Roth
R2025-09-121 7
Councilwoman Erica G.Avila
Vice Mayor Sean L.Fletcher
7-0
YES
YES
YES
YES
YES
YES
YES