Stuart city commissioners voted 3-2 on Aug. 25 to join a lawsuit challenging the constitutionality of Senate Bill 180, a new state law that limits local governments’ authority over land use and zoning regulations.
Senate Bill 180, signed by Gov. Ron DeSantis on June 26, restricts local governments from enacting land-use ordinances or development regulations deemed “more restrictive or burdensome” than existing state rules. The law applies retroactively to Aug. 1, 2024, and remains in effect through Oct. 1, 2027. It also prohibits construction moratoria following hurricanes and bans certain zoning restrictions in counties within 100 miles of a storm’s track for up to a year after landfall.
Stuart City Attorney Lee Baggett told commissioners the city would join with other municipalities in the lawsuit rather than pursue litigation independently.
“It’s not a class action, but you are going to be with a large group of plaintiffs,” Baggett said. “You’re not going to have a lot of say so or decisions in the case. You’re going along for the ride.”
Baggett said the cost of participation would be capped at $20,000.
“That’s going to be 10 grand. If it gets appealed to the First District Court of Appeals, it’s five grand. If it goes to the Florida Supreme Court, it’s another five grand. So you are capped at a maximum of $20,000 in attorney fees,” he said.
He added that even if the city did not join the lawsuit, it would still be affected by the outcome.
“If the lawsuit prevails, and it is declared unconstitutional, then it applies to all cities,” Baggett said.
Vice Mayor Christopher Collins supported the decision.
“I’m all for this,” Collins said. “SB180 is unconstitutional and invalid.”
Collins said he hopes more local governments follow suit.
“I know we are going to be the first wave,” he said. “In Martin County, we want to protect the Martin County difference. This is what I believe voters want in the City of Stuart. My hope is that Martin County will join in and follow suit.”
Commissioner Eula Clark asked Baggett about the status of other municipalities considering participation and what it means for cost. Baggett said the cost-sharing plan assumes at least 10 governments will join but that organizers have not identified who is involved.
Mayor Rich Campbell opposed the move, citing existing legal exposure under the new law.
“We’ve enacted ordinances that are clearly in violation of our comprehensive plan,” Campbell said. “We’re in direct violation of state law by failing to rescind, and we have no business getting involved with this lawsuit at this time.”
Baggett noted the city has already received three notices from residents and businesses threatening litigation under SB 180.
“If we get sued, we are going to be defending the case based on it being unconstitutional,” he said.
The commission ultimately voted to join the lawsuit, which seeks declaratory and injunctive relief from provisions of SB 180.