HB 105 is a New Threat, IRNA Lagoon Committee, and more...
- IRNA
- 14 minutes ago
- 7 min read
November 1, 2025 Weekly Newsletter
HB 105: A Threat to Democracy and Home Rule
Florida House Bill 105, submitted by our district Representative Robbie Brackett, threatens to dismantle local government authority across our state. While the bill claims to ensure "fair, consistent, and transparent enforcement" of local regulations, an analysis reveals it to be a direct assault on the constitutional principle of home rule (see Article VIII of the Florida Constitution). This is the legal basis that allows the power of local self-government in our communities to address their unique needs and protect their residents.
Bills like SB 180 (which we talked about in past newsletters here and here) and HB 105 constitute a direct assault on home rule.
What Does HB 105 Actually Do?
The bill creates a broad private right of action that allows any individual or business to sue local governments over virtually any enforcement action they consider "arbitrary or unreasonable." This includes routine administrative functions like:
Issuing zoning interpretations
Citing code violations
Denying permits
Conducting inspections
Making planning decisions
Enforcing environmental regulations
The financial incentives heavily favor those who sue. If a plaintiff wins, courts must award them up to $50,000 per occurrence, plus "reasonable" attorney fees and costs. However, if the local government successfully defends itself, it receives nothing—not even reimbursement for its legal expenses. This one-sided structure removes financial risk for plaintiffs while imposing crushing burdens on taxpayers.
The Chilling Effect on Local Governance
Faced with constant litigation threats, local officials will hesitate to enforce regulations that protect our community. When every decision could trigger a costly lawsuit, officials will shift from asking "what's best for our residents?" to "what's least likely to get us sued?" This paralysis will prevent proactive governance and leave our community vulnerable.
Who Really Benefits?
HB 105 disproportionately empowers those with financial resources (primarily developers, corporations, industry groups, and other special interests) over ordinary residents. A regulation supported by hundreds of community members at a public hearing can be undone by a single corporate lawsuit. This fundamentally undermines democratic principles and local accountability.
The Financial Burden on Taxpayers
Local governments will face massive increases in legal costs, insurance premiums, and damage payments. This money comes directly from taxpayer funds that should go toward schools, parks, public safety, and infrastructure. Municipalities will be forced to choose between defending necessary regulations and maintaining essential services.
A Race to the Bottom
When one city is sued and forced to repeal a protective ordinance, neighboring cities face pressure to weaken their standards too, to avoid becoming the next litigation target. This creates a statewide race toward the weakest regulations, or no regulations at all, destroying the local diversity that home rule was designed to foster.
The Evidence: What Happened in Other States
Arizona: A punitive preemption law forced the City of Tucson to repeal local ordinances under threat of losing over $100 million in state-shared revenue.
Texas: The state's "Death Star" bill, which also creates a private right of action against local governments, immediately triggered lawsuits from major cities and created widespread legal chaos and regulatory paralysis.
Tennessee: A nearly identical law regarding firearms preemption has been systematically weaponized by special interest groups to bog down municipalities in expensive, taxpayer-funded litigation.
These case studies provide a clear roadmap for what Florida can expect if HB 105 becomes law.
The Constitutional Question
HB 105 fundamentally undermines Article VIII of the Florida Constitution, which grants home rule authority to counties and municipalities. Rather than respecting local self-governance, this bill inverts that constitutional framework, making local governments subordinate to any private party with the resources to file a lawsuit.
What Can We Do?
Contact Rep. Robbie Brackett: As the sponsor of this harmful legislation, Rep. Brackett needs to hear from constituents about the damage this bill will cause to our community. Let him know that local control matters and that we expect our representative to protect, not undermine, our ability to govern ourselves.
Engage with Local Officials: Attend city council and county commission meetings. Ask officials how they plan to respond to HB 105 and what resources they need to defend our community's interests.
Stay Informed: We will track the bill's progress through the legislature, and just because it has been proposed doesn't mean it will pass! We'll work to help you understand how it will affect our community specifically. We will cover all sorts of bills, both good and bad, as we approach and enter the session, both good and bad, but we will pay special attention to the kind of bills our own Representatives propose.
Build Coalition: Connect with neighbors, local business owners, environmental groups, and community organizations and educate them on this issue and others. A broad coalition opposing this bill will be more effective than isolated voices. The Indian River Neighborhood Association is sounding the alarm but we need you to help us win the day.
The Bottom Line
Florida HB 105 is not a good-government reform. It is a weapon designed to dismantle local regulatory authority by making governance-by-litigation the new normal. It replaces democratic accountability with corporate intimidation, and it will leave Florida communities weaker, less responsive, and less capable of protecting their residents' health, safety, and quality of life.
The question now is whether we will stand by and watch local democracy be litigated out of existence, or whether we will fight to preserve our constitutional right to home rule and self-governance.
Vero Beach City Council Candidate Queations
We, along with our friends from CWC, asked all three candidates for Vero Beach City Council several questions relating to land use, our environment, and quality of life. We shared their answers in a recent newsletter and wanted to keep an easy link to them here. If you would like to see their responses to our questions, please click here.
We appreciate them taking the time to address our concerns and encourage all eligible voters in Vero Beach to vote!
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Join the IRNA in building a stronger voice for our community. Your support empowers us to safeguard our natural resources, demand transparency from elected officials, and champion the changes we need to see—together, we can create lasting impact.
The season is starting back up and so the IRNA Water and Lagoon Committee is once again meeting in person! From tracking infrastructure projects to pushing for statewide environmental protections, the group is taking our grassroots advocacy and technical know-how to make real, measurable impacts on our waterways.
Vero Beach has been working steadily to connect the septics in the city to the STEP system. They recently crossed the 50% mark! They have completed 743 septic-to-sewer conversions, with 717 remaining. These conversions are one of the most important ways to protect our waterways from nitrogen pollution, which feeds algae blooms and degrades water quality. The City of Vero Beach canal water pipeline to John’s Island for irrigation is set to go live before too long.
The committee is also investigating serious concerns about our aquifer. Agricultural users are reporting that their wells are no longer naturally flowing as they once did and need to be pumped, a red flag and an indicator that we may need to be more concerned about saltwater intrusion. We're digging into the science behind water use permits and asking tough questions about whether we need alternative water sources before it becomes a crisis.
Additionally, we spoke at length before the state legislative delegation advocating for a statewide ban on land application of biosolids (sewer sludge), pushing for cleaner technologies that transform this waste into usable products while protecting waterways statewide.
Behind every technical achievement is public education. The committee will continue our successful grass clipping and fertilizer awareness campaigns. The lagoon isn't going to fix itself, but with dedicated, informed advocacy, it's got a fighting chance.
Want to join us? Our next meeting is on November 20—reply to this email to join us!
John’s Island pipeline ready for water (Vero News) - After more than a decade of planning, a $13.5 million irrigation pipeline delivering up to 3 million gallons of treated canal water daily to John’s Island is set for testing in early November, aiming to reduce nutrient runoff into the Indian River Lagoon and free up reclaimed water for mainland residents.
Resignations turn up the heat on Titkanich (Vero News) - The abrupt resignation of Indian River County’s public works director, the second department head departure in two months, has intensified scrutiny of County Administrator John Titkanich’s leadership amid ongoing controversies and growing concerns among commissioners about his contract renewal.
Poll: 63% of Floridians are willing to pay higher water bills to clean up ‘forever chemicals’ (Florida Politics) - A new poll shows 63% of Floridians are willing to pay higher water bills to remove toxic “forever chemicals” from drinking water, despite widespread unfamiliarity with PFAS and concerns over insufficient state regulation and contamination across Florida’s water systems.
Paid parking system at Vero Beach airport could begin by next summer (TCPalm) - Vero Beach Regional Airport is planning to implement a paid parking system as commercial air service expands, with a proposed $2.3 million investment by private firms to modernize infrastructure, introduce daily fees starting around $10, and address growing demand for long- and short-term parking.
$13 billion data center, largest in Florida, planned on Treasure Coast (TCPalm) - This will not help rising power bills... A proposed "hyperscale" data center in rural St. Lucie County (expected to be among the world’s largest) has sparked both economic optimism and local opposition over environmental and development concerns, prompting a temporary pause by its developers.
ROCK MINE UPDATE: DeSantis vows Southland project won't hurt EAA reservoir (VoteWater.org) - Governor DeSantis pledged that the proposed Southland rock mine near the Everglades Agricultural Area reservoir will not impact the restoration project, though opponents remain skeptical and legal challenges to the mine's environmental permit are ongoing.
Florida’s “Zombie Deer Disease” Sparks New Fears for Wildlife and the Environment (Focusing on Wildlife) - Florida’s second confirmed case of chronic wasting disease in deer has intensified concerns over its rapid, uncontrollable spread, ecological impact, and links to human-driven environmental stress.
Environmental Learning Center hosts Cuban art exhibit in Vero Beach (Sebastian Daily) - The Environmental Learning Center in Vero Beach will host “A Cuban Season,” a free November–December 2025 exhibit featuring six Miami-based Cuban artists and an opening event with live music, food, and artist meet-and-greet.
Passerby Captures Wild Video Of Manatee Out For A Quick Snack (InspireMore) - A rare video captures a manatee briefly emerging from the water to munch on marsh grass, sparking curiosity about its behavior and reminding viewers to respect wildlife laws and avoid feeding or touching these protected marine mammals.
Boat Donations to YSF Community Sailing (Vero News) - YSF Community Sailing in Vero Beach accepts boat donations valued at $5,000 or more to support free sailing programs for underserved youth, offering full handling of logistics, paperwork, and tax documentation.
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