Manatee County officials join lawsuit challenging developer-friendly law
Manatee County leaders voted to join a lawsuit challenging Senate Bill 180, a controversial state law that strips control over key development decisions from local elected officials.
The law has caused Manatee commissioners to pause significant votes on restoring wetland protections and reinforcing the county’s Future Development Area Boundary, a border that restricts development in rural areas.
Commissioners cited fears that Gov. Ron DeSantis could remove them from office after his administration warned of “inevitable consequences” for violating SB 180. The law also gives developers new powers to challenge local decisions they don’t like.
In Manatee County, developers have sued the county board over its recent vote to raise impact fees and threatened that more legal challenges could be on the way.
Manatee joins a growing list of local governments planning to challenge the law in court, including Orange County and the cities of Deltona and Windermere.
The class-action lawsuit is being prepared by attorney Jamie Cole of South Florida law firm Weiss, Serota, Helfman, Cole, & Bierman. It will ask a judge to find that SB 180 is an unconstitutional infringement on home rule.
Cole told the Bradenton Herald that he plans to file the lawsuit later this month. The firm is asking Manatee County and other local governments to contribute $10,000 each for initial legal fees, with the possibility of additional fees for appeals.
Commissioners voted 6-1 to join the lawsuit, with Commissioner Mike Rahn dissenting.
County leaders vote to join lawsuit
Rahn said he agrees the bill is flawed, but would rather the county see the suit materialize and see Cole’s plan before joining. He also said the suit would be seen negatively in Tallahassee, and he worried about retaliation from the state.
“We’re poking a pretty big bear here. We’ve already seen appropriations get withdrawn or vetoed,” Rahn said. “I don’t know if that’s retribution or whatever, but it’s going to be painful.”
But other commissioners said challenging SB 180 in court is the best move for the county.
“When I see that our constitutional rights are being stomped on, all of us on this board should stand up for that,” Commissioner Jason Bearden said. “Whether you favor one party or not, you should stand up for the constitutional rights of the people that you represent…This bill strips away constitutional rights that our constituents depend on.”
Commissioner Bob McCann said SB 180 gives more legal power to developers, something he said the county should fight by joining the lawsuit.
“This is about control. These are builders that are actually threatening lawsuits,” McCann said. “They’re using the state as a tool. They’re using a law that’s very questionable as a tool.”
Residents show strong support in SB 180 fight
At a board meeting on Tuesday, residents were overwhelmingly in support of Manatee County joining the lawsuit. Residents raised concerns about SB 180’s threat to home rule and environmental protections.
Manatee County resident Dalton Nelson supported the lawsuit, saying the vague language of SB 180 imposes burdensome restrictions on local governments. He also lumped in SB 250 in the same statement — a bill with similar language that creates home rule restrictions until October 2026.
“SB 180 and 250 undermine home rule authority,” Nelson said. “They strip local governments of the flexibility we need to respond to the unique challenges of our community, whether it’s the over-development, flooding, infrastructure planning or environmental protection.”
Another resident, Kendra Elder, introduced herself as a registered Republican who voted for Gov. Ron DeSantis, yet opposes SB 180 and encouraged the county to join the lawsuit.
“I have never seen anything like this,” Elder said. “I am fully in support of any lawsuit that this county moves forward with against the state on SB 180.”
Other residents, like Rusty Chinnis, emphasized the impacts on environmental protections and said developers should find a middle ground with the county. Chinnis is also the board chairman for local environmental group Suncoast Waterkeeper.
“We should not be on opposite sides of these issues. The environment, our quality of life, all depend on protecting these natural resources,” Chinnis said. “If you do nothing, our county will face weaker environmental protections.”
Brice Claypoole echoed Chinnis’ environmental concerns and said SB 180 is worth the fight.
“If this bill isn’t challenged, then we lose all of our ability as a community to decide what we want for our future and our fate here,” Claypoole said. “It’s really sad that we’re in a system where polluters and special interests can go up to the state and ask them, basically, to preempt any local decision we make.”
What happens next?
The county attorney will finalize a contract with Cole’s firm to join the lawsuit.
Cole described SB 180 as an unprecedented attack on home rule that needs to be challenged.
“This is probably the largest intrusion into home rule authority that’s ever taken place since the enactment of the 1968 constitution,” Cole said.
Including Manatee, 10 municipalities have signed on to the lawsuit, and others are in the process of joining, Cole said.
“This is how we get things done,” Commissioner Carol Ann Felts said. “It’s a course of action that we have to take.”
This story was originally published September 2, 2025 at 3:26 PM.
