Jan. 23, 2026

Swift Movement on Local Government Preemption

During the second week of the 2026 legislative session, high-profile health care and education bills passed their respective committees, but equally important was the movement of several bills addressing past and future local government preemptions.

The focus on local government this session includes the ongoing Tallahassee-based DOGE efforts initiated by Florida’s Chief Financial Officer, Blaise Ingoglia, the multiple bills filed to phase out homestead property taxes, and the steady stream of bills to preempt local government authority on land use and comprehensive planning.

Local Government Preemption Bills

Local Government Enforcement Actions – HB 105 passed with little debate by a vote of 16-0 out the Civil Justice and Claims Committee, the first of its three committees. This bill is reminiscent of the powerful 2023 local government preemption bill, SB 170-Local Ordinances, that became law. Both of these bills make it easier for local governments to be sued if businesses or the public don’t like decisions made under local rules or regulations, which could add to lengthy, costly legal battles. In its current form, HB 105 is very broad and applies to any local government decision, citation, denial, or any unreasonable enforcement action or regulatory action by a local government or special district that impedes economic development – think single-use plastic bans and sea turtle lighting ordinances. 

Local ordinances have successfully protected the unique environments on Sanibel and Captiva, which serve as the backbone of our economy. It is imperative that local leaders have the ability to address local needs.

The Senate version, SB 588, has not yet been scheduled for its first committee hearing.

Land Use Regulations for Local Governments Affected by Natural Disasters – SB 840, the "fix" to last session's far-reaching SB 180 preemption bill, was heard in its second of three committees this week and passed by a vote of 9-0. Public comments were supportive of the bill and happy that it returned control of important development decisions to local decision-makers. SB 840 will be heard next in the Rules Committee, its third and final committee stop. The comparable House version, HB 1465, has not yet been heard in its first committee. 

For an in-depth analysis of this legislation, please see our “bill of the week” below.

BILL OF THE WEEK

Senate Bill 840

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Land Use Regulations for Local Governments

Affected by Natural Disasters

The 2026 legislative session is well underway, and for our first ‘Bill of the Week,' we are taking a look at SB 840: Land Use Regulations for Local Governments Affected by Natural Disasters. This bill is sponsored by Sen. Nick DiCeglie and aims to provide a legislative fix to some of the more problematic provisions of SB 180 that passed last year.

Those who were following along with the 2025 session will probably remember SB 180’s passage and the uproar that followed. While initially intended to support communities impacted by Hurricanes Helene and Milton, amendments warped the bill into a preemption of local governments' ability to adequately protect their communities.

Contained in the bill, as signed, were provisions that prevented counties and municipalities from implementing any changes to their land development code that could be deemed ‘more restrictive’. These restrictions would apply to any area within 100 miles of a named storm and persist for a year after the storm.

This severely hampered local elected officials' ability to respond to their communities' needs and protect the people, property, and resources they are charged with managing. The bill's signing was met with immediate outcry and lawsuits, and now SB 840 will hopefully address some of the more damaging provisions.

If you would like a deeper exploration of the damage SB 180 is causing to local planning capabilities, check out SCCF’s podcast episode on the issue here.

As written, SB 840 will move up the temporary land use limitations associated with Hurricanes Debby, Helene, and Milton from late 2027 to June 30, 2026. It would also narrow the geographic scope of restrictions to impacted areas from 100 miles to 50 and require a Federal Emergency Management Agency disaster declaration.

It also shifts the 1-year moratorium on restrictions to only apply to properties that were actually damaged by the storm. These fixes would allow communities to update their land development codes and land use plans to be responsive to the needs of their people in the face of stronger storms, without impeding rebuilding efforts.

The house companion bill HB 1465 is similar but still retains some provisions from the previous bill. Namely, the 100-mile radius from a storm’s track would still establish the limits on “burdensome” and “restrictive” statutes. However, the bill also defines those terms, something left out of the previous bill.

SCCF is tracking this bill closely and will send action alerts as the bill advances. 

Check out our Legislative Tracker to see a table of the bills SCCF is following, updated daily during session.

Thank you for your involvement, and we welcome your input and feedback to make these updates more helpful to you as we work together to protect our natural environment.

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