From Tallahassee, Preemption vs Home Rule: 10-3-26 Podcast

Real Estate Matters has been Palm Coast and Flagler County, Florida’s real estate voice for more than 12 years.

Real Estate Matters interviews Brendan Burke, Lobbyist and Communications Advocacy Coordinator for the Florida Homebuilders Association. Topics include:

Town Center Lawsuit – What should we expect to happen next as the city takes on the role of real estate investor, developer, and sales agent? What can possibly go wrong? Is there any precedent in Florida to learn from? There is in South Carolina

Impact Fee Lawsuit – This lawsuit will have both statewide and national reverberations.

Preemption vs Home Rule – The trend is towards preemption. Does local government deserve some of the blame?

Amendment #3 – Should it pass? Will it?

Next Year’s Legislative Session – Expect a consolidated bill to address several zoning, land use, and development code issues rather than a piecemeal approach. 

Watch the Podcast and read the Show Notes below for more details.

Be sure to check out the continually updated interactive Flagler County Map of Developments and Subdivisions.

Raw Show Notes

Our behind-the-scenes guide to the show’s flow, including topics we didn’t have time to cover. This is raw and likely contains typos. Data reflects the show’s recording date.

Show Notes for 10-3-2026

Recorded 10-1-2026

Welcome to the tranquil side of Florida. This is Real Estate Matters, the voice of real estate in Flagler County and Palm Coast for more than 12 years.

I’m Toby Tobin, publisher of the real estate news website GoToby.com, and a Florida-licensed Realtor with Grand Living Realty. I’m joined by Co-host Annamaria Long from the Flagler Homebuilders Association, one of our sponsors.

Thanks to Our Sponsors:

Flagler County Home Builders Association

Hammock Community Church

Guest: Brendan Burke, Lobbyist and Communications Advocacy Coordinator for the Florida Homebuilders Association

State of the Market

A bifurcated market – new construction vs existing homes

Of 330 pending Sales, 132 (40.0%) are new construction vs 198 existing homes

Overall DOM = 61, NC = 84 while EH = 422. Existing homes are ready to move into, while most NC are specs

Overall Listed Price = $393,220, NC – $366,990, and EH = $424,950

Is it because they are bigger?

Overall living SF = 1,990, NC = 1,882 and EH = 2,052

More block vs frame construction

Price per SF Overall = $199.43, NC = $193.21 and EH = $209.70 

Main topics – Town Center lawsuit consequences

Palm Coast decided to settle a lawsuit over water and sewer capacity filed by the Town Center developer. The settlement will require the city to purchase the remaining developer-owned Town Center holdings, totaling 259 acres, for $17M.

What happens now? The city will be under considerable pressure to sell the several parcels, each with development entitlements (i.e., number of residential units, type and SF of commercial space).

Brendan, under pressure to sell with no experience as a developer or in property sales, and with a reputation for being tough on developers, what could possibly go wrong?

BB– Are there parallels elsewhere in the state or are we the canary in the coal mine?

Annamaria Long – Do you expect, as I do, that the city will relax its development standards to complete sales transactions?

If history is a teacher, we can learn from Lucas v South Carolina Coastal Council. Summarize. That ruling led to Florida’s Bert Harris Act, the basis for another lawsuit against the city.

Impact Fee Lawsuit

AL – This suit was filed and won locally but is likely to have state-level impacts. Are there parallel suits underway elsewhere in the state?

AL – What is the status of the city’s initiative to appeal?

Preemption vs home rule

BB – Do you expect legislation in the upcoming session to increase preemption of local control?

BB – Can we expect legislation to reduce local restrictions on Accessory Dwelling Units (granny flats)? This seems like an issue that will not go away.

Amendment 3

BB – Any thoughts on the Property Tax amendment? What do most people not understand?

Wrap-up:

Video podcasts of Real Estate Matters are available on GoToby.com. Click on Podcasts on the top navigation bar. Show notes are included so you can see what we didn’t get to on the show. Also, the Flagler County Interactive map of residential developments and subdivisions on GoToby.com is updated regularly. Currently viewed over 11,600 times.

If you are thinking about buying or selling property in Flagler County, call me first. Based on your goals, I’ll connect you with an appropriately qualified Realtor or builder and serve as your consultant throughout the transaction, at no additional cost to you. Call me at 386-931-7124 or email me at Toby@GoToby.com.