Let's put an end to Tallahassee's power grab from local governments | Opinion

Florida covers a diverse area. The Panhandle has little in common, culturally or demographically, with other areas of the state. Urban areas typically have different concerns than rural areas.

For these reasons, many organizations have long advocated for our locally elected officials to have the autonomy to determine what is best for our communities and stand firmly against the state preempting our rights to self govern. The Florida League of Cities has stated that home rule powers are “the most precious powers a city in Florida has.”

Unfortunately, the current trend in Tallahassee is to strip cities and counties of the right to govern themselves without taking effective action to address important issues affecting communities. Home rule is an important issue for all of us living in Florida.

The League of Women Voters of the Space Coast invites you to learn about the issues at risk of being preempted this legislative session at a Hot Topic Home Rule event scheduled for Oct. 26 from 10 a.m. to noon at the David R. Schechter Community Center in Satellite Beach. For more details go to lwvsc.clubexpress.com.

Preemption of local ordinances can certainly provide public benefits when statewide regulatory action is needed, such as uniform traffic laws and building codes. For example, there is a loud call for the Florida Legislature to regulate guns after it took away the ability of local governments to do so in 1987. The only gun regulation allowed in cities and counties is the zoning that regulates the location of gun retail sales. Many voters would prefer the state to set uniform gun laws.

Clearly there are issues when it is in the public interest for the state to make the laws. For a number of years now voters in Florida have been asking the Legislature to prohibit fracking for oil and gas to protect waters and beaches. Last year, Gov. Ron DeSantis signed an executive order for a statewide ban on fracking.

But far too often statewide issues that need to be addressed at the state level are not, such as banning the sale of fertilizer during rainy season to protect our waterways from algae blooms. Worse yet the Florida Legislature preempts the right of local government to address the issue. 

Corporate interests have discovered that lobbying our legislators is an effective way to protect their economic interest to the detriment of local communities. Corporate lobbyists call for a statewide preemption to insure a issue is not regulated at the local level. 

Other “special interest preemptions” that benefit the economic interests of large corporations at the expense of local communities include plastic bags and Styrofoam. These plastic products create enormous litter, environmental problems and harm wildlife. Minimum wage increases have been preempted; thus, the state sets the minimum wage adversely affecting urban workers because the cost of living is much higher in cities than rural areas. The state preempts local government control of zoning laws that regulate issues such as short-term vacation rentals, 5G infrastructure, and where medical marijuana dispensaries are allowed. Another zoning issue that has been preempted is the ability for local government to designate smoking areas in parks, recreation areas, playgrounds and athletic fields.  

In most cases, preemption bills are introduced and passed before the public is even aware of their existence. Once a law is put into place it is difficult to get it removed. Few private citizens travel to Tallahassee to express their opposition to these bills during a committee hearing. 

What can be done to prevent special interest preemptions from further limiting the decision-making authority of local governments? An informed and engaged public may be the only answer. When specific preemption bills are introduced, the public needs to be informed and given the chance to speak to their legislators. Special interest preemptions have the potential to undermine our democracy and should not be ignored. Corporate interests that are undermining our quality of life and adversely affecting our environment need to be dealt with.

Vince Lamb lives in Merritt Island and is a member of the League of Women Voters of the Space Coast.