Edgewater Stands Alone in Volusia County Lawsuit Against Florida’s SB 180

📍 Edgewater, FL — October 22, 2025

Edgewater has become the last city in Volusia County still participating in a high-stakes legal battle against the State of Florida, following a vote by Deltona city commissioners to withdraw from the lawsuit challenging Senate Bill 180. The decision leaves Edgewater as the lone municipal plaintiff in the county, underscoring its firm stance on preserving local control over development decisions in the wake of natural disasters.

The lawsuit, originally filed by a coalition of more than two dozen Florida cities and counties, contests the constitutionality of SB 180—a controversial law passed earlier this year that prohibits local governments from enacting development moratoriums in areas recovering from hurricanes or other declared emergencies. Supporters of the bill argue it promotes economic recovery and housing availability, while opponents claim it strips municipalities of their ability to protect vulnerable communities from overdevelopment and environmental degradation.

Deltona’s city commission voted 4-3 on October 20 to exit the lawsuit, citing fears of political and financial repercussions from the state. Commissioner Chris Nabicht voiced concerns about potential retaliation that could jeopardize state funding for infrastructure and public safety. “I just have some really big concerns about how much penance are we going to have to pay,” Nabicht said during the meeting.

Edgewater, however, has chosen to stay the course. In August, its city council voted 3-2 to defy SB 180 by maintaining a temporary moratorium on new residential developments in flood-prone areas. City officials and residents argue that unchecked growth has worsened drainage issues and threatens to overwhelm emergency services during storm events.

Mayor Diezel DePew and Councilmembers Eric Rainbird and Mike Thomas have emerged as vocal defenders of the city’s right to self-governance. “This is about protecting our residents, not about politics,” DePew said in a recent interview. “We know our community better than Tallahassee does.”

The legal challenge, filed in federal court, asserts that SB 180 violates the Florida Constitution’s home rule provisions and infringes on municipalities’ ability to respond to local emergencies. While several cities—including Orlando, Gainesville, and Windermere—remain active in the lawsuit, the number of participating jurisdictions has dwindled amid mounting pressure from state officials and developers.

Legal analysts say the case could set a precedent for how much authority Florida cities retain in the face of sweeping state mandates. “This is a classic test of home rule versus state preemption,” said Dr. Carla Mendoza, a professor of public policy at the University of Central Florida. “The outcome could reshape how local governments plan for climate resilience and disaster recovery.”

As the lawsuit moves forward, Edgewater’s decision to remain involved has drawn both praise and criticism. Supporters see the city as a principled holdout defending democratic localism, while detractors warn of costly legal battles and strained relations with state agencies.

For now, Edgewater stands alone in Volusia County—but not without resolve.