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As Longboat Key residents and business owners continue the long, emotional slog of rebuilding after the devastating 2024 hurricane season, a contentious debate over when a building is “finished enough” to inhabit has hit a legal wall.
Town Commissioners, responding to community pressure regarding the duration and certainty of Temporary Certificates of Occupancy (TCOs), recently asked the Town Attorney’s office to explore establishing firmer local deadlines for these permits. The goal was to bring order to a chaotic recovery landscape where many properties remain in a state of “temporary” compliance.
However, in a memo delivered to the Town Commission this week, Town Attorney Maggie Mooney issued a stark warning: The Town’s hands are effectively tied by the State of Florida until 2027.
The Question of “Temporary”
The issue arose from the practical nightmares of post-hurricane recovery following Hurricanes Debby, Helene, and Milton. With contractors scarce and repairs dragging on, many property owners have relied on Temporary Certificates of Occupancy (TCOs) to live in or operate out of buildings that are safe but not yet 100% complete.
Currently, the Town issues TCOs in 30-day increments, with extensions granted at the discretion of the Building Official. Frustration has mounted over the lack of predictable timelines, prompting the Commission to ask if they could codify stricter expiration dates or deadlines to force final completion.
The Legal “Stop Sign”
Mooney’s findings, outlined in a detailed memorandum, clarify that while the Town has some administrative power, state law—specifically the recently passed Senate Bill 180 (2025)—strictly limits their ability to change the rules in the middle of a crisis.
Under the Florida Building Code, the authority to issue TCOs and set their duration rests primarily with the Building Official, not elected Commissioners. But the real hurdle is SB 180, a state law designed to protect hurricane victims from bureaucratic red tape.
“Senate Bill 180 prohibits local jurisdictions impacted by Hurricanes Debby, Helene, or Milton from proposing or adopting more restrictive or burdensome amendments in land development regulations,” Mooney wrote.
Because Sarasota and Manatee counties were included in the Federal Disaster Declaration, Longboat Key falls squarely under this protection.
“Null and Void”
Mooney’s warning to the Commission was blunt regarding the legal consequences of trying to impose new deadlines now.
“Any adopted restrictive or burdensome amendments prior to October 1, 2027, will be considered null and void ab initio,” the memo states. In legal terms, this means any new rule the Town passed to tighten TCO timelines would be dead on arrival—completely unenforceable from the moment of the vote.
The Takeaway
For now, the Town of Longboat Key must stick to its existing process: TCOs will continue to be issued and extended in 30-day blocks based on safety and progress, rather than arbitrary hard deadlines.
While this may frustrate those seeking a quicker return to “normal” zoning enforcement, the Attorney’s analysis confirms that the State Legislature has prioritized flexibility for storm victims over the regulatory rigidity of local government. The current rules will likely remain the law of the land until the statutory freeze lifts in late 2027.
