Amid talk about restricting urban expansion into undeveloped areas, the Volusia County Council and staffers are tracking two bills in the Florida Legislature that may end the locals’ efforts to save some Old Florida wilderness and agriculture.

“We don’t know what the final language is going to look like, what the amendments will mean,” County Chair Jeff Brower said, as the March 18 council meeting neared an end.

Brower added, the bills, if passed by both houses and signed by Gov. Ron DeSantis, would result in state pre-emption or usurpation of local government.

Now pending before state lawmakers are measures in the House of Representatives and the Senate that would make it easier for rural landowners to sell or develop their property, turning farms and woodlands into new neighborhoods and commercial centers. The companion measures commanding attention among the local leaders of Volusia and surrounding counties are Senate Bill 1118 and House Bill 1209.

SB 1118 would allow owners of agricultural acreage to “apply for administrative approval of a development regardless of future land use designations under certain circumstances,” without the requirement for a land-use change or an amendment of a local comprehensive plan. Changes of land use or the comprehensive plans now take the form of an ordinance, subject to public hearings before the local elected governing body.

The initial summary of SB 1118 also notes the 40-page bill has language about “prohibiting a local government from enacting or enforcing certain regulations or laws.” Those laws, according to Volusia County officials, may be charter amendments or local ballot measures to set rural boundaries.

A work in progress

Within the past year, as Florida’s population surges, Volusia’s leaders and private citizens have called for the creation of rural boundaries, to preserve agricultural and vacant land from intense and dense development. Actions in the state Capitol, such as SB 1118 and HB 1209, could prevent safeguards to largely untouched and unspoiled acreage. 

In fact, the officials fear language in the bills could derail their efforts to establish rural boundaries and even nullify existing natural zones in neighboring counties.

“Would it benefit the county at all if we brought this up and if we did pass a rural-boundary amendment, would that help us avoid pre-emption or not?” Brower asked County Attorney Michael Dyer.

“At least not the way it is currently written,” Dyer replied.

In fact, Brower added, if the bills become law, the state could pre-empt or nullify the rural boundaries now in place in Orange and Seminole counties.

“It’s retroactive, isn’t it?” Brower asked, referring to the possible impact of the bills.

“It’s not grandfathered,” Dyer said.

In the Nov. 5, 2024, general election, a solid majority of Orange County’s voters — 73 percent — voted to establish rural boundaries in the countryside outside the Orlando metropolis.

“It would even take away Orange County’s existing [boundary],” Brower said.

“Pre-emptions happen when people make knee-jerk reactions,” County Council Member Jake Johansson said. “The Orange County one was held by referendum with 73 percent of the vote, … so that’s what the citizens wanted. We’re not Orange County. We have a pretty big swath of rural land.“

“Good point, and I’ve heard the same thing — knee-jerk reaction. I’ve also heard we get pre-emptions when local governments make bad decisions or stupid — so I don’t like either one. Both of them are an attack on this council, and city councils,” Brower said.

Similarly, by a larger margin, 82 percent of Seminole County’s voters last fall reaffirmed their county’s rural boundary created in 2004.

The two new bills SB 1118 and HB 1209, were introduced by Sen. Stan McClain, R-Ocala, and Rep. Kevin Steele, R-Dade City, respectively.

A question of whose will prevails

In spite of the support for saving a remnant of pre-modern Florida, the state’s priority over the local government would likely prevail.

Dyer said he and his legal staff are monitoring bills affecting the county and will gather more information and share it with the County Council.

“We’ll bring it back as soon as we can,” he promised. “We’ll bring it back as soon as we get educated.”

The Florida Legislature’s 2025 general session began March 4, and it is supposed to end no later than May 2. Much could happen between now and then. In fact, as the County Council was discussing SB 1118, the measure took up 33 pages of print. At this writing, with amendments and additions, the bill now is 40 pages in length.

A familiar problem

Each year, city and county officials complain about pre-emption. Tallahassee, some officials say, is eroding the lowest level of government, by prohibiting local government from acting on issues close to them and their constituents. 

In other words, the state, meaning the Legislature and the state executive and administrative agencies, is muscling into local matters and forbidding local governments to resolve their own problems and regulate local matters, including business activities, such as food trucks, medical-marijuana sales and sales of fireworks, as they think best.

“I’m really concerned and really tired of pre-emptions from Tallahassee. I would like us to move ahead,” Brower said. “What’s happening in Tallahassee right now is very pro-development. You look at the Live Local Act and other bills that are coming up. It’s — we’re going to have everything stripped from us that we’re allowed to do except going to ribbon cuttings. That’s what it looks like to me. The pre-emptions are just wild, … and I think we need to stand up for our voters here that depend on us to protect their concerns.”

Where does the matter now stand?

By a 4-1 vote, the County Council approved a motion to set another discussion about a proposed rural boundary at or after its April 15 meeting. Brower cast the dissenting vote, adding the council needs to talk about such issues as soon as possible, without further delay. Vice Chair Matt Reinhart and Council Members Don Dempsey, Danny Robins and Johansson formed the majority.

Two other council members, Troy Kent and David Santiago, were absent.

Although he was on the losing side of the vote, Brower expressed support for his colleagues’ willingness to raise the issue.

“I’m glad that we’re talking about this, so that the public knows about Senate Bill 1118,” he concluded.

If the County Council decides to call for a referendum on a rural boundary for Volusia County, the vote on such a charter amendment would probably not come until the Nov. 3, 2026, general election.