HomeMy WebLinkAboutDocumentation_Workshop_Tab 04_9/2/2025
Agenda Item #4.
Workshop
STAFF MEMO
Meeting:Workshop - Sep 02 2025
Staff Contact:Jay Hubsch Department:Community Development
TITLE
Discussion on SenateBill180 which Places Significant Limitations on the Ability of Local
Governments to Adopt or Enforce Certain Regulations Following Hurricanes
SUMMARY:
Background
Senate Bill 180 (SB 180), signed into law on June 26, 2025, places significant limitations on the ability
of local governments to adopt or enforce certain regulations following hurricanes. Under SB 180, any
municipality located within a county included in the federal disaster declarations for Hurricanes
Debby, Helene, or Milton is subject to these restrictions. Palm Beach County was included in the
federal disaster declaration for Hurricane Milton; therefore, SB 180’s provisions apply to the Village of
Tequesta.
Summary of Restrictions
SB 180 prohibits impacted local governments from:
1.Imposing any moratorium on the construction, reconstruction, or redevelopment of property.
2.Adopting any more restrictive or burdensome amendment to its comprehensive plan or land
development regulations.
3.Adopting any more burdensome procedure concerning the review, approval, or issuance of
site plans, development permits, or development orders.
These restrictions apply retroactively to August 1, 2024, and remain in effect through October 1,
2027 . The law explicitly states that “any such moratorium or restrictive or burdensome comprehensive
plan amendment, land development regulation, or procedure shall be null and void ab initio The
Latin term ab initio means “from the beginning,” indicating that affected ordinances are treated as
though they never had legal effect from the date of their adoption.
Impact on Village Ordinances and Recommended Action
The Village has adopted several ordinances since August 1, 2024, that fall within the scope of SB 180
and are therefore rendered void under the statute. To ensure transparency, avoid confusion, and
mitigate any potential legal challenges, Village staff and the Village Attorney recommend formally
repealing the affected ordinances. Staff also recommends re-adopting, where feasible, revised
versions of these ordinances that are not more restrictive than previously existing regulations. After
October 1, 2027 (assuming SB 180’s restrictions expire as scheduled), the Village may consider re-
adopting any repealed ordinances in full.
Ordinances Potentially Impacted by SB 180:
Ordinance 1-24 – Zoning Overlays
Ordinance 2-24 – Zoning Map Changes for Zoning Overlays
Ordinance 8-24 – Living Shorelines and Seawalls
Ordinance 11-24 – Multi-Family Parking and Loading
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Agenda Item #4.
Ordinance 7-24 – Live Local
Ordinance 1-25 – Construction Hours
Ordinance 3-25 – Vacation Rentals
A staff analysis has been included (attached) for review and discussion.
A copy of Senate Bill 180 with relevant sections highlighted is attached to this report.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
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ATTACHMENTS:
Analysis SB 180V6
SB 180
Page 374 of 430
Agenda Item #4.
To: Village Council
From: Jeremy Allen, Village Manager
Date: August 27, 2025
Subject: Impact of Senate Bill 180 (2025)
The following document provided by staff is an analysis of the Ordinances passed by the Village
that may be in conflict with Senate Bill 180 passed by the Florida Legislature in 2025, with
some provisions retroactive to August 1, 2024. SB 180, titled "Emergencies" (Chapter 2025-190,
F.S.), focuses on enhancing state and local emergency management, disaster recovery, and
resilience, particularly after hurricanes. It preempts certain local government actions in
"impacted" areas (e.g., within 100 miles of a hurricane track) for up to one year post-event, or
statewide until October 1, 2027, due to recent federal disaster declarations for hurricanes like
Debby, Helene, and Milton.
To ensure transparency, avoid confusion, and mitigate any potential legal challenges, Village
staff and the Village Attorney recommend formally repealing the affected ordinances. Staff and
Legal will review in depth in the future and will recommend re-adopting, where feasible, revised
versions of these ordinances that are not more restrictive than previously existing regulations.
consider re-adopting any repealed ordinances in full.
Note: Summary of Ordinances and Senate Bill 180 provided by AI www.grok.com. Conflicts
have been reviewed and identified by staff.
Ordinance 01-24 and 02-24 Zoning Overlays and Zoning Map
The ordinance (No. 01-24, adopted October 16, 2024) amends Chapter 78 (Zoning) of the
Village of Tequesta's Code of Ordinances to implement recommendations from the October
2022 Commercial Corridor Master Plan. It introduces new definitions, updates nonconforming
use rules, modifies existing commercial districts to defer to overlays, and creates three new
overlay districts (Tequesta Drive, US Highway 1, and Village Center) with specific guidelines
for design, setbacks, facades, parking, formula businesses, civic open space, landscaping, and
waivers. Overlays supersede conflicting base zoning regulations. Below is a structured summary
of all proposed changes.
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Page 375 of 430
Agenda Item #4.
1. New and Amended Definitions (Sec. 78-4)
Adds the following terms alphabetically to the definitions section:
Term Definition Summary
Service-based establishment (e.g., health care, real estate) with standardized
Formula
services/merchandise, uniforms, decor, signage, etc.; part of a chain of 10+
business
nationally.
Formula Restaurant part of a chain of 10+ nationally, with at least two of: standardized
restaurant name/trademark, menu/preparation, or distinctive design/uniforms.
Retail sales with standardized merchandise/services, uniforms, decor, signage,
Formula retail etc.; part of a chain of 10+ nationally (excludes professional services like real
estate or medical offices).
Overlay Uniform regulations (use, density, yards, height) layered over portions of
district existing zoning districts, adding or modifying standards.
Facade Percentage of transparent window glass/openings in a building's facade along a
transparency street frontage, calculated separately for ground and upper stories.
Civic open Outdoor area maintained as an urban amenity, accessible to the public during
space reasonable hours (e.g., green, plaza, playground).
All other definitions remain unchanged.
2. Discontinuance of Nonconforming Uses (Sec. 78-96)
Existing rule: Nonconforming uses discontinued for 90+ days revert to permitted uses
(exceptions for casualties).
New addition: Uses legally permitted before 2024 but not in overlays become "permitted
nonconforming." They can be replaced by the same use within 180 days; after that or if
changed, they lose status.
3. Amendments to Existing Zoning Districts
Updates to C-1 (Neighborhood Commercial), C-2 (Community Commercial), C-3 (General
Commercial), and MU (Mixed-Use) districts. Permitted, accessory, special exception, and
prohibited uses are now "except as regulated by overlays." Prohibited uses exclude anything not
explicitly allowed.
MU District Specifics:
o Conflicts: Overlays supersede MU regulations.
o Mix of uses: 20-80% residential (per Comp Plan Table FLU-1); relaxable by
Council for small parcels or other circumstances.
No changes to property development regulations in C-2/C-3.
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Page 376 of 430
Agenda Item #4.
4. New Overlay Districts (Article VI, Division 3: Secs. 78-201 to 78-203)
Creates three overlays with common elements (purpose, conflicts with base zoning resolved in
favor of overlay, design incorporating Master Plan aesthetics from Appendix D) but tailored
rules. Applies to new development/redevelopment. Architectural styles not mandated but
encouraged per Master Plan.
Common Elements Across Overlays
Design: Reflect Master Plan aesthetics; no specific styles required/banned.
Building Location:
o Max front setback: 20 ft.
o Min landscape buffer: 15 ft (encroachments up to 4 ft for certain frontage types
per Master Plan Appendix C, varying by street).
o Upper stories (3+): Additional 8-12 ft setback.
o Facade: Transparent elements (e.g., windows) to avoid blank walls; pedestrian
entrances on both streets if fronting two.
Off-Street Parking:
o Prohibited in front/side setbacks facing streets, parks, or civic spaces.
o Screen surface lots with buildings/landscaping.
o Encourage shared parking (per Sec. 78-707).
Civic Open Space (for developments adding 20%+ gross floor area):
o Required: 5% of site area (counts toward min landscaped open space).
o Types: Green (1,000+ sq ft, passive lawn), Plaza (1,000+ sq ft, hardscaped),
Playground (2,500+ sq ft, equipment/seating), Square (10,000+ sq ft, gatherings),
Attached Green (2,000-6,000 sq ft, lawn), Forecourt (garden/plaza at entrance),
Pedestrian Passageway (10+ ft wide, 50% pervious), or small elements (<250 sq
ft, e.g., fountain).
o Maintenance: Owner responsibility or dedicate to Village (Village assumes
liability if accepted).
o Payment in lieu: For sites <2 acres, fee = appraised value of required land (per tax
assessor); used for parks/recreation/streetscapes. Combinable with waivers.
Landscape Buffers: Reducible up to 25% to accommodate civic space.
Waivers: From site/landscape reqs (not uses, density, height); granted by Council with
site plan; must show public benefit (e.g., design, amenities, parks).
Tequesta Drive Overlay (Sec. 78-201)
Purpose: Preserve "hometown" character, balance convenience with minimal disruption
to residential areas.
Streets: Primary: Tequesta Dr, Seabrook Rd, Cypress Dr.
Formula Uses:
o Prohibited: Formula restaurants, formula retail, drive-thru (except existing for
same use).
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Agenda Item #4.
o Special exception: Formula businesses (conditions: complies with Secs. 78-
363/364, preserves uniqueness, diverse blend, compatible, nonobtrusive, design
harmony; expedited review if no expansion).
US Highway 1 Overlay (Sec. 78-202)
Purpose: Pedestrian-friendly corridor with enhanced landscaping, clustered uses,
pedestrian facilities.
Streets: Primary: Tequesta Dr, US Hwy 1.
Formula Uses:
o Permitted: Formula business, formula retail; drive-thru on side/rear (screened);
fuel stations (only here, 500 ft min separation, not in MU areas).
o Special exception: Formula restaurants (same conditions as above, plus drive-thru
compliance).
o Drive-thru: Not on public right-of-way facade (except fuel stations, screened).
Village Center Overlay (Sec. 78-203)
Purpose: Encourage architectural character, use diversity (residential/commercial/civic),
pedestrian connectivity; supports mixed-use per Comp Plan.
Streets: Primary: Tequesta Dr, Bridge Rd, Old Dixie Hwy, Main St, Village Blvd.
Formula Uses:
o Permitted: Formula business.
o Special exception: Formula restaurants, formula retail (same conditions; drive-
thru prohibited except existing for same use).
5. Waiver Process (Sec. 78-204)
Applicability: Tequesta Drive, US Hwy 1, Village Center overlays.
Application: Filed with Community Development Dept. during site plan review; explain
deviation and basis (public benefit, e.g., high-quality design, amenities, parks,
environmental preservation).
Review: Planning & Zoning Board recommends; Council holds public hearing (notice
per Sec. 78-370).
Evaluation Criteria:
o Deviation extent.
o Innovative design exceeding min standards.
o Public benefits derived.
o Furthers Master Plan goals/techniques.
o Not prohibited by Code.
o Unusual site circumstances (e.g., power lines, trees).
o Impacts on project/area.
o Comp Plan consistency.
o Applicant/public testimony.
Required Findings for Approval:
o Alternate standard acceptable for site.
tğŭĻ Ѝ ƚŅ ЊЊ
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Agenda Item #4.
o Doesn't detract from design principles/Code intent.
o Not injurious to surroundings.
o Consistent with Comp Plan.
Analysis of Potential Conflicts
SB 180's key restriction is on regulations that increase restrictions or burdens on development,
particularly those affecting rebuilding after hurricanes. The ordinance's overlay districts
introduce new standards that could be seen as more restrictive in certain contexts, especially for
commercial and mixed-use development. Below, We identify three specific regulations in the
ordinance that likely conflict with SB 180 due to their restrictive nature and timing:
1. Prohibition of Formula Restaurants, Formula Retail, and Drive-Through Facilities
in the Tequesta Drive Overlay (Sec. 78-201(f)(1)):
o Description: The Tequesta Drive Overlay prohibits formula restaurants, formula
retail, and drive-through facilities (except existing ones for the same use).
Formula businesses are allowed only as special exceptions with stringent
conditions (e.g., preserving local uniqueness, compatibility with neighborhood
character).
o Conflict with SB 180: These prohibitions and special exception requirements
impose new restrictions on commercial uses not present in the underlying C-1, C-
2, C-3, or MU zoning districts before August 1, 2024. SB 180 explicitly aims to
facilitate development by preventing local governments from adopting more
restrictive land-use regulations during the specified period. By banning certain
retail and restaurant types and adding conditional hurdles for formula businesses,
this regulation increases the burden on developers, particularly those seeking to
rebuild or redevelop commercial properties post-hurricane, which conflicts with
2. Civic Open Space Requirements Across All Overlay Districts (Sec. 78-201(g), 78-
202(g), 78-203(g)):
o Description: New development or redevelopment adding 20% or more gross
floor area in all three overlay districts must provide civic open space equal to 5%
include payment in lieu for sites under 2 acres, but this still imposes a financial or
land dedication burden.
o Conflict with SB 180: This new requirement, not explicitly present in prior
zoning regulations, adds a mandatory land or financial obligation for developers.
SB 180 prohibits regulations that make development more burdensome, especially
post-hurricane. Requiring civic open space or equivalent fees could hinder or
increase costs for rebuilding efforts, particularly for properties damaged by
hurricanes, as it introduces a new condition not tied to disaster recovery. This
s restrictions.
3. Facade Transparency and Pedestrian Entrance Requirements Across All Overlay
Districts (Sec. 78-201(e)(1)(c,d), 78-202(e)(1)(c,d), 78-203(e)(1)(c,d)):
o Description: All overlay districts require building facades along street frontages
to include transparent elements (e.g., glass windows) to avoid blank walls and
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Agenda Item #4.
mandate pedestrian entrances on both streets for buildings fronting two streets.
These are new design standards not explicitly required in the underlying zoning
districts.
o Conflict with SB 180: These facade and entrance requirements impose additional
design constraints that could increase construction costs or complexity,
w standards that complicate
development compared to pre-August 2024 rules. For properties damaged by
hurricanes, these requirements could delay or increase the cost of reconstruction,
-disaster rebuilding.
4. Third Story Setbacks and Minimum Landscape Buffer Across All Overlay Districts
o Description: All overlay districts require an 812-foot setback on the third story
and higher of buildings. There is currently no setback requirement for the third
story of buildings. Additionally, all overlay districts require a minimum fifteen
landscape buffer around the entire property. The current code requires a fifteen-
foot landscape buffer along right of ways, but only a ten foot landscape buffer
along all other property lines.
o Conflict with SB 180: These setback and landscape buffer requirements impose
additional design constraints that could increase construction costs or complexity.
any new standards that complicate development compared to pre-August 2024
rules.
Conflict with Senate Bill 180 (2025)
These three regulations stand out as conflicting with SB 180 because:
Timing
retroactive scope.
Increased Burden: Each introduces new restrictions or requirements (bans on certain
uses, mandatory open space, specific design standards) not present in the prior zoning
code, potentially hindering development or rebuilding efforts.
: SB 180 focuses on easing restrictions, and these
provisions could complicate or add costs to such projects, even if not directly tied to
residential rebuilding, as they affect commercial and mixed-use properties broadly.
Other Considerations
Nonconforming Uses (Sec. 78-96): The extension of the discontinuance period to 180
days for overlay zones might be seen as less restrictive, but it still regulates
redevelopment, which could be scrutinized under SB 180.
Other Overlay Rules: Setback, parking, and landscaping rules are also new but align
with aesthetic goals and may not directly impede rebuilding to the same extent as the
identified three.
Ordinance 8-24: Living Shorelines and Seawalls
tğŭĻ Џ ƚŅ ЊЊ
Page 380 of 430
Agenda Item #4.
Ordinance No. 08-24, adopted by the Village Council of Tequesta, Florida, on November 14,
2024, amends Chapter 76 of the Village Code ("Waterway Control") to create two new articles:
Article IV ("Bulkheads and Seawalls") and Article V ("Fill Permits"). The primary goal is to
protect and enhance coastal and estuarine environmental quality by prioritizing living shorelines
(e.g., natural shorelines, riprap revetments, and mangrove plantings) over traditional bulkheads
and seawalls, in alignment with the Village's Comprehensive Plan Conservation Element Policy
2.11.8. Key provisions include:
Bulkheads and Seawalls (Article IV):
o Bulkheads and seawalls are permitted only to stabilize disturbed shorelines or
replace deteriorated existing structures; new armoring on natural or riprap-
protected shorelines requires a variance from the Planning & Zoning Board, with
evidence of disturbance and possible third-party expert review at the applicant's
expense.
o Design specifications include material requirements (e.g., king pile or concrete
sheet pile, reinforced concrete caps), engineering standards considering loads,
erosion, and backflow prevention, and minimum concrete cover for durability.
o Minimum requirements: No construction beyond the rear property line (except up
to 18 inches for reconstructions; further extensions require a fill permit); cap
extensions limited to 3 feet (with dock exceptions); cap elevations based on flood
zones (e.g., minimum 4 feet NAVD88, maximum tied to grade or BFE); wall
returns and drainage plans for elevated caps to prevent erosion; finished
appearances for visible walls; and options for revetments or natural shorelines in
lieu of replacements.
o Living shorelines mandate: New or replaced bulkheads/seawalls must be faced
with 100% riprap or mangroves (exempting dock areas), with a mangrove
planting plan required post-inspection, aiming for at least 10% mangrove
coverage within 2 years (with extensions or additional planting if unmet).
Exemptions apply to certain canal mouth properties, high-wave areas, or where
jurisdictional agencies deny permits or seagrasses are present.
o Revetments: Existing ones can be replaced if meeting standards (e.g., same
location, removal of non-compliant materials); if 50%+ replaced, mangroves
required.
o Riprap and mangrove installation: Riprap sloped at 2:1 ratio, covering bottom
50% of walls, extending no more than 8 feet waterward; planting plans must
detail species, spacing, and monitoring; annual monitoring for 5 years with 80%
survivability required (replanting if below); exemptions for jurisdictional conflicts
or seagrasses.
o Permitting and inspection: Requires engineering plans, pollution control, and
notifications for key construction phases; uses a list of typical costs to determine
if repairs exceed 50% replacement value (triggering full compliance).
Fill Permits (Article V):
o Prohibits fill waterward of property lines except as allowed (e.g., up to 18 inches
for seawall reconstructions, or for living shorelines with approval); unlawful fill
subject to removal.
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Agenda Item #4.
o Requires Village Council permit for any fill/dredging, with applications including
plans and details; exemptions for emergency repairs with state/federal permits or
minor living shoreline work.
o Public hearing process: Noticed via newspaper/portal and mailed to owners within
300 feet; considers navigation, erosion, and injury to adjoining land; subject to
state and federal approvals.
o Application fees cover processing costs; permits valid for 2 years, renewable,
revocable for non-compliance.
Conflict with Senate Bill 180 (2025)
This ordinance appears to be in conflict with Florida Senate Bill 180:
The ordinance introduces new restrictions (e.g., variances for armoring natural shorelines,
mandatory riprap/mangroves, fill limits) that could be deemed "more restrictive or
burdensome" on development, particularly for shoreline stabilization and reconstruction,
conflicting with SB 180's intent to limit such local burdens. While SB 180 does not
explicitly mention seawalls or living shorelines, its broad preemption of restrictive land-
use changes in areas that encompass these regulations potentially nullifies the ordinance.
Ordinance No. 11-24 Multi-Family Parking and Loading
Ordinance No. 11-24 amends Sec. 78-705 of the Tequesta Code to require, for multi-
-access areas. This
is a new requirement specifically for multi-family developments, as the ordinance
updates existing parking standards based on a 2023 parking study and public workshops.
Conflict with SB 180:
Guest parking requirement significantly increases development costs or imposes new
burdens on developers, it could be argued to conflict with the broader intent of SB 180 to
reduce regulatory barriers for development. For example, requiring additional guest
spaces could necessitate larger lots or reduced building footprints, potentially increasing
costs.
The addition of guest parking requirements in Ordinance No. 11-24 is a new land
development regulation under the broad definition in F.S. 163.3164(25), as it regulates
parking for multi-family residential developments.
Ordinance 7-24 Live Local
The adoption of Ordinance 7-24 (Live Local) simply memorialized the adopted State
Statutes. Other than the state-mandated and required legislation the ordinance is not
in conflict with SB 180. Addional changes to Live Local statutes in 2025 will need
to be codified.
tğŭĻ Б ƚŅ ЊЊ
Page 382 of 430
Agenda Item #4.
Ordinance 1-25 Construction Hours
Ordinance No. 01-25, adopted by the Village Council of Tequesta, Florida, on March 13, 2025,
amends Chapter 30 (Environmental Control; Nuisances), Article X (Noise), Section 30-361 of
the Tequesta Code of Ordinances. The primary purpose is to revise the permissible hours for
construction and other noise-generating activities on Saturdays to better balance the needs of
construction work with residents' ability to enjoy quiet in their homes and properties. Key
changes and provisions include:
Prohibited Noises Generally: The ordinance lists various acts considered excessive,
unnecessary, or disturbing noises, such as horns, radios, loudspeakers, yelling, animals,
exhausts, loading/unloading, and more. It declares these unlawful if they annoy, disturb,
or endanger the comfort, health, peace, or safety of others.
Construction and Repair Activities (Subsection b(10)): Erection (including
excavation), demolition, alteration, or repair of buildings is prohibited outside the hours
of 7:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays.
Exceptions are allowed for urgent public health/safety necessities with a permit from the
building official (up to three days, renewable). The building official may also grant
permissions for work between 6:00 p.m. and 7:00 a.m. if it won't impair public
health/safety and to avoid loss/inconvenience.
Pile Drivers, Hammers, and Similar Equipment (Subsection b(15)): Operation of pile
drivers, steam shovels, pneumatic hammers, derricks, hoists, or other noisy appliances is
restricted to the same hours: 7:00 a.m. to 6:00 p.m. weekdays and 8:00 a.m. to 5:00 p.m.
Saturdays. Such activities must not produce noticeable ground vibration at the property
line.
Other Noises: The ordinance covers additional sources like blowers, steam whistles,
vehicle defects, hawking, drums, and transportation of heavy materials, with similar
restrictions on excessive noise.
Business Impact Estimate: No direct compliance costs, new fees, or significant impacts
on businesses are anticipated, as it only shifts Saturday hours to align with neighboring
jurisdictions. Enforcement integrates into existing code activities.
Conflict with Senate Bill 180 (2025)
The ordinance does not conflict with Senate Bill 180 (SB 180), passed by the Florida Legislature
in 2025 and effective July 1, 2025 (with some provisions retroactive to August 1, 2024). SB 180,
titled "Emergencies" (Chapter 2025-190, F.S.), focuses on enhancing state and local emergency
management, disaster recovery, and resilience, particularly after hurricanes. It preempts certain
local government actions in "impacted" areas (e.g., within 100 miles of a hurricane track) for up
to one year post-event, or statewide until October 1, 2027, due to recent federal disaster
declarations for hurricanes like Debby, Helene, and Milton.
These aim to limit local barriers, such as enhanced building codes, stormwater standards, or
land-use changes that could slow recovery. However, SB 180 does not mention or preempt
general noise ordinances, construction operational hours, or nuisance controls like those in
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Agenda Item #4.
Tequesta's code. Noise regulations are typically classified under environmental or nuisance
provisions (as in Chapter 30 here), not as "land development regulations" (defined in s.
163.3164(26), F.S., as ordinances regulating aspects of development like zoning, subdivision, or
building construction standards). While land development regulations might broadly touch on
development aspects, noise hour limits are operational restrictions on activities, not structural or
permitting standards, and are not addressed in SB 180's text or impacts.
The Tequesta ordinance is a general noise control measure, not tied to disasters, building codes,
or redevelopment processes. Even though adopted during SB 180's retroactive period (March
2025), it falls outside the bill's scope, as it doesn't impose moratoriums, alter permitting
procedures, or add burdensome land-use amendments. Staff suggest that SB 180 would not
invalidate or conflict with this one. If a specific post-disaster scenario arose, emergency
exceptions in the ordinance (e.g., permits for urgent work) align with SB 180's recovery goals.
Ordinance 03-25 Vacation Rentals
Ordinance 03-25, adopted on May 8, 2025, amends sections 78-891 (Vacation Rental Permit
Application) and 78-893 (Vacation Rental Standards) of the Tequesta Village Code to align with
the Florida Building Code and Fire Prevention Code. The ordinance updates requirements for
vacation rental registration, safety standards, and operational rules to promote public health,
safety, and welfare. Key provisions include:
Permit Application Requirements (Sec. 78-891):
o Owners must submit detailed applications, including property details, state
licenses, floorplans, site surveys, and proof of compliance with inspection
requirements.
o Modifications to permits are required for changes like increased square footage,
bedrooms, occupancy, parking spaces, or other material changes implicating
building or fire codes.
o Permits are non-transferable, expire annually on September 30, and require
renewal with inspections and fees.
Vacation Rental Standards (Sec. 78-893):
o Mandates compliance with safety standards, including swimming pool safety
(F.S. ch. 515), hard-wired or sealed-battery smoke and carbon monoxide detection
systems, fire extinguishers, emergency lighting, and secondary means of escape
(e.g., windows meeting specific dimensions).
o Sets maximum occupancy limits (two persons per sleeping room, up to eight total
in units with four or more rooms; gatherings capped at 1.5 times overnight
occupancy, max 12 people).
o Requires a landline or VOIP telephone with 911 capability, visible address
numbering, solid waste management, a designated responsible party, and lease
agreements with specific terms.
o Mandates posting of emergency information and evacuation maps.
tğŭĻ ЊЉ ƚŅ ЊЊ
Page 384 of 430
Agenda Item #4.
The ordinance aims to enhance safety and regulatory oversight of vacation rentals without
imposing moratoriums or broad land-use restrictions.
Conflict with Senate Bill 180 (2025)
Tequesta Village Ordinance 03-25 does not directly conflict with SB 180 in most respects, as it
focuses on aligning vacation rental regulations with state building and fire codes to enhance
safety, without imposing moratoriums or broad land-use restrictions.
To avoid conflicts, Tequesta could clarify that permit renewals, fees, and modification
provisions.
Conclusion
To ensure compliance with Senate Bill 180 (2025), which preempts local regulations that
increase burdens on development in impacted areas until October 1, 2027, Village staff and the
Village Attorney recommend a thorough review of Ordinances 01-24, 02-24, 08-24, and 11-24,
which introduce restrictive zoning, shoreline, and parking requirements that conflict with SB
-hurricane rebuilding. These ordinances should be formally repealed
to avoid legal challenges and ensure transparency. Where feasible, staff and legal will propose
desired elements, such as safety and aesthetic goals, for re-
in non-conflicting contexts. Ordinances 01-25 and 03-25, which address noise control and
compliance and recommend any necessary adjustments, such as waivers for post-disaster
scenarios, to harmonize with state law while maintaining public safety and welfare.
Page 385 of 430
Agenda Item #4.
ENROLLED
2025 Legislature CS for CS for SB 180, 2nd Engrossed
2025180er
987shelter that is included on the list of facilities recommended
988for retrofitting is not required to perform any recommended
989improvements.
990(b)!The report required in paragraph (a) must include a
991statewide emergency shelter plan that must project, for each of
992the next 5 years, the hurricane shelter needs of the state. In
993addition to information on the general shelter needs throughout
994this state, the plan must identify, by county, the general
995location and square footage of special needs shelters. The plan
996must also include information on the availability of shelters
997that accept pets. The Department of Health and the Agency for
998Persons with Disabilities shall assist the division in
999determining the estimated need for special needs shelter space,
1000the estimated need for general shelter space to accommodate
1001persons with developmental disabilities, including, but not
1002limited to, autism, and the adequacy of facilities to meet the
1003needs of persons with special needs based on information from
1004the registries of persons with special needs and other
1005information.
1006Section 18.Section 18.!Section 252.422, Florida Statutes, is created Section 252.422, Florida Statutes, is created
10071007to read:to read:
10081008252.422252.422!Restrictions on county or municipal regulations Restrictions on county or municipal regulations
10091009after a hurricane.after a hurricane.
10101010(1)(1)!
10111011
10121012declaration located entirely or partially within 100 miles of declaration located entirely or partially within 100 miles of
10131013the track of a storm declared to be a hurricane by the National the track of a storm declared to be a hurricane by the National
10141014Hurricane Center while the storm was categorized as a hurricane Hurricane Center while the storm was categorized as a hurricane
10151015or a municipality located within such a county.or a municipality located within such a county.
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10161016(2)(2)!For 1 year after a hurricane makes landfall, an For 1 year after a hurricane makes landfall, an
10171017impacted local government may not propose or adopt:impacted local government may not propose or adopt:
10181018(a)(a)!A moratorium on construction, reconstruction, or A moratorium on construction, reconstruction, or
10191019redevelopment of any property.redevelopment of any property.
10201020(b)(b)!A more restrictive or burdensome amendment to its A more restrictive or burdensome amendment to its
10211021comprehensive plan or land development regulations.comprehensive plan or land development regulations.
10221022(c)(c)!A more restrictive or burdensome procedure A more restrictive or burdensome procedure concerning concerning
10231023review, approval, or issuance of a site plan, development review, approval, or issuance of a site plan, development
10241024permit, or development order, to the extent that those terms are permit, or development order, to the extent that those terms are
10251025defined in s. 163.3164.defined in s. 163.3164.
10261026(3)(3)!Notwithstanding subsection (2), a comprehensive plan Notwithstanding subsection (2), a comprehensive plan
10271027amendment, land development regulation amendment, site plan, amendment, land development regulation amendment, site plan,
10281028development permit, or development order approved or adopted by development permit, or development order approved or adopted by
10291029an impacted local government before or after the effective date an impacted local government before or after the effective date
10301030of this act may be enforced if:of this act may be enforced if:
10311031(a)(a)!The associated application is initiated by a private The associated application is initiated by a private
10321032party other than the impacted local government and the property party other than the impacted local government and the property
10331033that is the subject of the application is owned by the that is the subject of the application is owned by the
10341034initiating private party;initiating private party;
10351035(b)(b)!The proposed comprehensive plan amendment was submitted The proposed comprehensive plan amendment was submitted
10361036to reviewing agencies pursuant to s. 163.3184 before landfall; to reviewing agencies pursuant to s. 163.3184 before landfall;
10371037oror
10381038(c)(c)!The proposed comprehensive plan amendment or land The proposed comprehensive plan amendment or land
10391039development regulation is approved by the state land planning development regulation is approved by the state land planning
10401040agency pursuant to s. 380.05.agency pursuant to s. 380.05.
10411041(4)(a)(4)(a)!Any person may file suit against any impacted local Any person may file suit against any impacted local Any person may file suit against any impacted local
10421042government for declaratory and injunctive relief to enforce this government for declaratory and injunctive relief to enforce this
10431043section.section.
10441044(b)(b)!A county or municipality may request a determination by A county or municipality may request a determination by
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10451045a court of competent jurisdiction as to whether such action a court of competent jurisdiction as to whether such action
10461046violates this section. Upon such a request, the county or violates this section. Upon such a request, the county or
10471047municipality may not enforce the action until the court has municipality may not enforce the action until the court has
10481048issued a preliminary or final judgment determining whether the issued a preliminary or final judgment determining whether the
10491049action violates this section.action violates this section.
10501050(c)(c)!Before a plaintiff may file suit, the plaintiff shall Before a plaintiff may file suit, the plaintiff shall
10511051notify the impacted local government by setting forth the facts notify the impacted local government by setting forth the facts
105210521052upon which the complaint or petition is based and the reasons upon which the complaint or petition is based and the reasons upon which the complaint or petition is based
and the reasons
10531053
10541054Upon receipt of the notice, the impacted local government shall Upon receipt of the notice, the impacted local government shall
10551055have 14 days to withdraw or revoke the action at issue or have 14 days to withdraw or revoke the action at issue or
10561056otherwise declare it void. If the impacted local government does otherwise declare it void. If the impacted local government does
10571057not withdraw or revoke the action at issue within the time not withdraw or revoke the action at issue within the time
10581058prescribed, the plaintiff may file suit. The plaintiff shall be prescribed, the plaintiff may file suit. The plaintiff shall be
10591059entitled to entry of a preliminary injunction to prevent the entitled to entry of a preliminary injunction to prevent the
10601060impacted local government from implementing the challenged impacted local government from implementing the challenged
10611061action during pendency of the litigation. In any action action during pendency of the litigation. In any action
10621062instituted pursuant to this paragraph, the prevailing plaintiff instituted pursuant to this paragraph, the prevailing plaintiff
10631063shall be entitled to reasonable attorney fees and costs.shall be entitled to reasonable attorney fees and costs.
10641064(d)(d)!In any case brought under this section, all parties are In any case brought under this section, all parties are
10651065entitled to the summary procedure provided in s. 51.011, and the entitled to the summary procedure provided in s. 51.011, and the
10661066court shall advance the cause on the calendar.court shall advance the cause on the calendar.
10671067(5)(5)!The Office of Program Policy Analysis and Government The Office of Program Policy Analysis and Government
10681068Accountability (OPPAGA) shall conduct a study on actions taken Accountability (OPPAGA) shall conduct a study on actions taken
10691069by local governments after hurricanes which are related to by local governments after hurricanes which are related to
10701070comprehensive plans, land development regulations, and comprehensive plans, land development regulations, and
10711071procedures for review, approval, or issuance of site plans, procedures for review, approval, or issuance of site plans,
10721072permits, or development orders. The study must focus on the permits, or development orders. The study must focus on the
10731073impact that local governmental actions, including moratoriums, impact that local governmental actions, including moratoriums,
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10741074ordinances, and procedures, have had or may have on ordinances, and procedures, have had or may have on
10751075construction, reconstruction, or redevelopment of any property construction, reconstruction, or redevelopment of any property
10761076damaged by hurricanes. In its research, OPPAGA shall survey damaged by hurricanes. In its research, OPPAGA shall survey
10771077stakeholders that play integral parts in the rebuilding and stakeholders that play integral parts in the rebuilding and
10781078recovery process. OPPAGA shall make recommendations for recovery process. OPPAGA shall make recommendations for
10791079legislative options to remove impediments to the construction, legislative options to remove impediments to the construction,
10801080reconstruction, or redevelopment of any property damaged by a reconstruction, or redevelopment of any property damaged by a
10811081hurricane and prevent the implementation by local governments of hurricane and prevent the implementation by local governments of
10821082burdensome or restrictive procedures and processes. OPPAGA shall burdensome or restrictive procedures and processes. OPPAGA shall
10831083submit the report to the President of the Senate and the Speaker submit the report to the President of the Senate and the Speaker
10841084of the House of Representatives by December 1, 2025.of the House of Representatives by December 1, 2025.
1085Section 19.!Effective January 1, 2026, section 252.505,
1086Florida Statutes, is created to read:
1087252.505!Breach of contract during emergency recovery
1088periods for natural emergencies.Each state or local government
1089contract for goods or services related to emergency response for
1090a natural emergency entered into, renewed, or amended on or
1091after July 1, 2025, must include a provision that requires a
1092vendor or service provider that breaches such contract during an
1093emergency recovery period to pay a $5,000 penalty and damages,
1094which may be either actual and consequential damages or
1095
1096-year period that begins on the date
1097that the Governor initially declared a state of emergency for a
1098natural emergency.
1099Section 20.!Subsection (4) is added to section 373.423,
1100Florida Statutes, to read:
1101373.423!Inspection.
1102(4)(a)!By September 1, 2026, the department shall submit a
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1306structure. However, if the alteration is a result of a natural
1307disaster that is the subject of a declaration of a state of
1308emergency by the Governor, the estimated cost of renovation must
1309exceed 75 percent of the fair market value of the building
1310before the natural disaster.
1311Section 27.!The Division of Emergency Management shall
1312consult with local governments, the Department of Business and
1313Professional Regulation, the Department of Environmental
1314Protection, and any other appropriate agencies to develop
1315recommendations for statutory changes necessary to streamline
1316the permitting process for repairing and rebuilding structures
1317damaged during natural emergencies. By July 1, 2026, the
1318division shall provide a report containing such recommendations
1319to the President of the Senate and the Speaker of the House of
1320Representatives.
13211321Section 28.Section 28.!(1)(1)!Each county listed in the Federal Disaster Each county listed in the Federal Disaster
13221322Declaration for Hurricane Debby (DRDeclaration for Hurricane Debby (DR--4806), Hurricane Helene (DR4806), Hurricane Helene (DR--
132313234828), or Hurricane Milton (DR4828), or Hurricane Milton (DR--4834), and each municipality 4834), and each municipality
13241324within one of those counties, may not propose or adopt any within one of those counties, may not propose or adopt any
13251325moratorium on construction, reconstruction, or redevelopment of moratorium on construction, reconstruction, or redevelopment of
13261326any property damaged by such hurricanes; propose or adopt more any property damaged by such hurricanes; propose or adopt more
13271327restrictive or burdensome amendments to its comprehensive plan restrictive or burdensome amendments to its comprehensive plan
13281328or land development regulations; or propose or adopt more or land development regulations; or propose or adopt more
13291329restrictive or burdensome procedures concerning review, restrictive or burdensome procedures concerning review,
13301330approval, or issuance of a site plan, development permit, or approval, or issuance of a site plan, development permit, or
13311331development order, to the extent that those terms are defined by development order, to the extent that those terms are defined by
13321332s. 163.3164, Florida Statutes, before October 1, 2027, and any s. 163.3164, Florida Statutes, before October 1, 2027, and any
13331333such moratorium or restrictive or burdensome comprehensive plan such moratorium or restrictive or burdensome comprehensive plan
13341334amendment, land development regulation, or procedure shall be amendment, land development regulation, or procedure shall be
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13351335null and void ab initio. This subsection applies retroactively null and void ab initio. This subsection applies retroactively
13361336to August 1, 2024.to August 1, 2024.
13371337(2)(2)!Notwithstanding subsection (1), any comprehensive plan Notwithstanding subsection (1), any comprehensive plan Notwithstanding subsection (1), any comprehensive plan
13381338amendment, land development regulation amendment, site plan, amendment, land development regulation amendment, site plan,
13391339development permit, or development order approved or adopted by development permit, or development order approved or adopted by
13401340a county or municipality before or after the effective date of a county or municipality before or after the effective date of
13411341this act may be enforced if:this act may be enforced if:
13421342(a)(a)!The associated application is initiated by a private The associated application is initiated by a private
13431343party other than the county or municipality.party other than the county or municipality.
13441344(b)(b)!The property that is the subject of the application is The property that is the subject of the application is
13451345owned by the initiating private party.owned by the initiating private party.
13461346(3)(a)(3)(a)!A resident of or the owner of a business in a county A resident of or the owner of a business in a county
13471347or municipality may bring a civil action for declaratory and or municipality may bring a civil action for declaratory and
13481348injunctive relief against the county or municipality for a injunctive relief against the county or municipality for a
13491349violation of this section. Pending adjudication of the action violation of this section. Pending adjudication of the action
13501350and upon filing of a complaint showing a violation of this and upon filing of a complaint showing a violation of this
13511351section, the resident or business owner is entitled to a section, the resident or business owner is entitled to a
13521352preliminary injunction against the county or municipality preliminary injunction against the county or municipality
13531353preventing implementation of the moratorium or the comprehensive preventing implementation of the moratorium or the comprehensive
13541354plan amendment, land development regulation, or procedure. If plan amendment, land development regulation, or procedure. If
13551355such civil action is successful, the resident or business owner such civil action is successful, the resident or business owner
13561356is entitled to reasonable attorney fees and costs.is entitled to reasonable attorney fees and costs.
13571357(b)(b)!Attorney fees and costs and damages may not be awarded Attorney fees and costs and damages may not be awarded
13581358pursuant to this subsection if:pursuant to this subsection if:
135913591.1.!The resident or business owner provides the governing The resident or business owner provides the governing The resident or business owner provides the governing The resident
or business owner provides the governing The resident or business owner provides the governing
13601360body of the county or municipality written notice that a body of the county or municipality written notice that a
13611361proposed or enacted moratorium, comprehensive plan amendment, proposed or enacted moratorium, comprehensive plan amendment,
13621362land development regulation, or procedure is in violation of land development regulation, or procedure is in violation of
13631363this section; andthis section; andthis section; and
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136413642.2.!The governing body of the county or municipality The governing body of the county or municipality
13651365withdraws the proposed moratorium, comprehensive plan amendment, withdraws the proposed moratorium, comprehensive plan amendment,
13661366land development regulation, or procedure within 14 days; or, in land development regulation, or procedure within 14 days; or, in
13671367the case of an adopted moratorium, comprehensive plan amendment, the case of an adopted moratorium, comprehensive plan amendment,
13681368land development regulation, or procedure, the governing body of land development regulation, or procedure, the governing body of
13691369a county or municipality notices an intent to repeal within 14 a county or municipality notices an intent to repeal within 14
13701370days after receipt of the notice and repeals the moratorium, days after receipt of the notice and repeals the moratorium,
13711371comprehensive plan amendment, land development regulation, or comprehensive plan amendment, land development regulation, or
13721372procedure within 14 days thereafter.procedure within 14 days thereafter.
13731373(4)(4)!This section expires June 30, 2028.This section expires June 30, 2028.
1374Section 29.!The Division of Law Revision is directed to
1375
1376occurs in this act with the date this act becomes a law.
1377Section 30.!Except as otherwise provided in this act, this
1378act shall take effect upon becoming a law.
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