25-2277 Amends Article IX of LDC to create Section 9.5.0 addressing changes related to Senate Bill 180 ORDINANCE 25-2277
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING PART III,
LONGWOOD DEVELOPMENT CODE, ARTICLE IX, TO CREATE SECTION 9.5.0
"RELIEF CONCERNING DECLARED EMERGENCY,"TO ADDRESS THE RESTRICTIONS
OF SECTION 28 OF CHAPTER 2025-190, LAWS OF FLORIDA; PROVIDING FOR AN
EXPIRATION DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City desires to amend its land development regulations to address the
declared emergency restrictions of Section 28 of Chapter 2025-190, Laws of Florida (SB 180);
WHEREAS, the City Commission of the City of Longwood deems it necessary for the
general welfare of the City to amend the City of Longwood land development regulations as set
forth in this Ordinance;
WHEREAS,the City Commission finds that this Ordinance serves a legitimate government
purpose and is in the best interests of the public health, safety, and welfare of the citizens of
Longwood, Florida.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Longwood, Florida,
that:
SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
this reference.
SECTION 2. Adoption. Part III, Longwood Development Code, Article IX, is hereby amended to
create Section 9.5.0.— Relief Concerning Declared Emergency, to read as follows:
9.5.0.- Relief Concerning Declared Emergency.
A. The purpose of this section is to address the restrictions of Section 28 of Chapter 2025-
190, Laws of Florida. This section shall sunset and expire on October 1, 2027 unless
extended pursuant to the provisions of Section 28 of Chapter 2025-190, Laws of Florida
or otherwise by general law. If Section 28 of Chapter 2025-190, Laws of Florida is
repealed or expires as it applies to the city, this section shall automatically expire
simultaneously therewith. If Section 28 of Chapter 2025-190, Laws of Florida is
substantially amended after the effective date of this section, the Community
Development Director may freeze use of this section until an amendment to this section
is adopted to incorporate the amendments made to Section 28 of Chapter 2025-190,
Laws of Florida. If a court of competent jurisdiction issues an injunction against the
enforcement of or declares invalid or unconstitutional Section 28 of Chapter 2025-190,
Laws of Florida, the Community Development Director may freeze use of this section
until an amendment to this section is adopted or it is repealed.
Ordinance No. 25-2277
Page 1
B. If an authorized applicant for a development order believes that any city-initiated
amendment to land development regulations and Comprehensive Plan, that occurred
after August 1, 2024 is "more restrictive or burdensome" than existed prior to August 1,
2024, the applicant may file an application with the City to have the version of land
development regulations and the Comprehensive Plan existing as of August 1, 2024
apply to and govern the development order application at issue pursuant to the
following provisions:
i. The applicant shall submit in writing to the Community Development Director a
sworn, notarized statement: (i) describing the development order sought and the
details of the proposed development project; (ii) describing with citations and
specificity which provisions of land development regulations and the Comprehensive
Plan that have been amended since August 1, 2024 are "more restrictive and
burdensome" than existed on August 1, 2024; (iii) describing how such "more
restrictive and burdensome" provisions are applicable to the development order
application; (iv) describing how, when applied to the development order application
such "more restrictive and burdensome" provisions result in more restrictive and
burdensome impacts on the proposed development than the August 1, 2024 version
of land development regulations and the Comprehensive Plan; (v) requesting that
the version of land development regulations and the Comprehensive Plan existing as
of August 1, 2024 apply to and govern the development order application at issue
and agreeing to be bound by such provisions; and (vi) agreeing that the authorized
applicant and property owner will not receive any benefits of the then current
version of the land development regulations and Comprehensive Plan if it/they elect
to request relief pursuant to this section. If the authorized applicant is not the fee
simple property owner(s), the property owner(s) shall be required to join in and
consent to the sworn, notarized statement.
ii. Upon receipt of the sworn, notarized statement pursuant to subsection (i), the
Community Development Director or designee will evaluate the notarized statement
to determine if the statement is complete and whether the information submitted in
the statement presents a good faith claim that there are "more restrictive and
burdensome" provisions of the land development regulations and Comprehensive
Plan than existed on August 1, 2024 entitling the authorized applicant to relief
pursuant to Section 28 of Chapter 2025-190, Laws of Florida. If the sworn, notarized
statement is incomplete, the Community Development Director or designee will
request the authorized applicant to provide additional information to complete the
requirements of subsection (i).
iii. If the sworn, notarized statement pursuant to subsection (i) is determined by the
Community Development Director or designee to present a good faith claim that
there are "more restrictive and burdensome" provisions of land development
regulations and the Comprehensive Plan than existed on August 1, 2024, the
development order application will proceed to be reviewed and considered for
approval pursuant to the August 1, 2024 version of land development regulations
and the Comprehensive Plan. The authorized applicant and property owner will not
Ordinance No. 25-2277
Page 2
receive any benefits of the then current version of the land development regulations
and Comprehensive Plan if it elects to use this section.
iv. The Community Development Director or designee is not required to agree with the
"more restrictive and burdensome" claim contained within the sworn, notarized
statement in order to grant relief of applying the August 1, 2024 version of the land
development regulations and the Comprehensive Plan.
SECTION 3. Conflicts. In the event of a conflict between this Ordinance and any other ordinance
or provision of law, this Ordinance shall control to the extent allowable by law.
SECTION 4. Severability. If any portion of this Ordinance is held invalid or unconstitutional by a
court of competent jurisdiction, such portion shall be deemed a separate, distinct provision,
and such holding shall not affect the validity of the remaining portions.
SECTION 5. Codification. This Ordinance shall be codified in the Code of Ordinances of the City
of Longwood, Florida. Section numbering, formatting, and headings may be altered as
necessary.
SECTION 6. Effective Date. This Ordinance shall take effect immediately upon adoption.
FIRST READING: December 1, 2025.
SECOND READING: January 19, 2026.
ADOPTED this 19th day of January 2026, by the City Commission of the City of Longwood,
Florida.
CITY COMMISSION OF THE CITY OF LONGWOOD,
FLORIDA
Brian D. Sackett, May
ATTEST:
( r‘r0
Liane Cartagena, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Daniel W. an ey, City Attorney
Ordinance No. 25-2277
Page 3
Business Impact Estimate
This form should be included in the agenda packet for the item under which the proposed
ordinance is to be considered and must be posted on the Longwood website by the time notice
of the proposed ordinance is published.
Proposed ordinance's title/reference:
ORDINANCE NO. 25-2277
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING PART III,
LONGWOOD DEVELOPMENT CODE, ARTICLE IX, TO CREATE SECTION 9.5.0
"RELIEF CONCERNING DECLARED EMERGENCY," TO ADDRESS THE
RESTRICTIONS OF SECTION 28 OF CHAPTER 2025-190, LAWS OF FLORIDA;
PROVIDING FOR AN EXPIRATION DATE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida
Statutes. If one or more boxes are checked below, this means the City of Longwood is of
the view that a business impact estimate is not required by state law' for the proposed
ordinance, but the City of Longwood is, nevertheless, providing this Business Impact
Estimate as a courtesy and to avoid any procedural issues that could impact the
enactment of the proposed ordinance. This Business Impact Estimate may be revised
following its initial posting.
X The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
LI The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the municipal government;
❑ The proposed ordinance is an emergency ordinance;
El The ordinance relates to procurement; or
❑ The proposed ordinance is enacted to implement the following:
a. Development orders and development permits, as those terms are defined in
s. 163.3164, and development agreements, as authorized by the Florida Local
Government Development Agreement Act under ss. 163.3220-163.3243;
1 See Section 166.041(4)(c), Florida Statutes.
1
a. Comprehensive plan amendments and land development regulation
amendments initiated by an application by a private party other than the
municipality;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that
an exemption noted above may apply, the City of Longwood hereby publishes the
following information:
1. Summary of the proposed ordinance (must include a statement of the public purpose,
such as serving the public health, safety, morals and welfare):
This ordinance proposes an amendment to the Longwood Development Code to
comply with changes to state statutes regarding "burdensome" regulations
adopted during a specified time period.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-
profit businesses in the City of Longwood, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses
will be financially responsible; and
(c) An estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
This ordinance creates no compliance costs, creates no charges, fees, or
regulatory costs including estimated revenues.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
No additional impacts are proposed as part of this ordinance. This ordinance
proposes a pathway by which applicants may seek relief under the already-
adopted Florida Statutes.
4. Additional information the governing body deems useful (if any):
N/A
2