By Noreen Marcus, FloridaBulldog.org
The new year promises hopeful resolutions, healthier diets and, in the Florida state Capitol, more pounding away at the battered right of home rule.
Home rule is, for instance, what empowers Miami Beach commissioners to pass building regulations aimed at preserving their Art Deco tourist magnet. Urban centers suffering from rampant gun violence wanted — but weren’t allowed — to use their home rule authority for firearms control.
Florida voters added home rule to the state Constitution in 1968. Thereafter, Tallahassee legislators stuck to statewide governance and left local issues such as zoning to city and county decision-makers.
Yet today’s Legislature is reclaiming power in an increasing number of areas, from setting heat standards for outdoor workers to protecting waterways from fertilizer runoff and approving plans for affordable housing.
To expand their turf, legislators and their lawyers zealously deploy the doctrine of preemption: State laws beat out local laws; no foul, no contest.
“We’re always dealing with what seems to be Tallahassee’s growing appetite for regulating everything local,” said Edward Guedes, a Miami appellate lawyer who represents municipalities.
The post Cities, counties brace for Tallahassee to escalate war on home rule for local issues next session appeared first on Florida Bulldog.
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