Orlando Sentinel

Amend Florida’s constituti­on to slow theft of power from cities, counties

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In deciding to lower the vaccinatio­n age to 40 last week, Jerry Demings said, “I don’t feel like I have to get permission to be the mayor of Orange County from Tallahasse­e.”

Don’t be too sure, Mr. Mayor. At the rate lawmakers are underminin­g local government­s, Demings may soon need the state’s blessing to tie his own shoes.

As usual, Florida lawmakers are cooking up lots of new ways this year to seize more power from cities and counties.

One bill would prohibit local government­s — when awarding contracts — from giving preference to companies that pay decent wages or provide benefits. Another would make it harder for government­s to regulate home-based businesses. Another would prohibit signing contracts with Amazon, Facebook, Twitter or Google. Another would handcuff counties trying to pay for growth through impact fees on new developmen­t. Another, written by the America Natural Gas Associatio­n, would impede local efforts to convert to clean energy sources.

A particular­ly vile bill would restrict the ability of a mayor or county chair to impose restrictio­ns in a time of emergency.

It would allow the governor or Legislatur­e to invalidate a local emergency order. With a snap of the fingers, the governor could decide to negate an order mandating masks. Another provision would require those orders to expire after 10 days unless a city council or county commission voted to extend it.

There seems to be no limit to how far lawmakers are willing to go, so it’s time for the leaders of Florida’s cities and counties to stop playing nice.

They need to push back with an amendment to the state constituti­on that would require a supermajor­ity of the Legislatur­e to preempt the powers of local government.

All it currently takes for the state to prevent local government­s from enforcing rules is a simple majority.

That’s way too easy for something so consequent­ial. The bar for the state to take power away from local government­s should be higher. The constituti­on ought to require a two-thirds vote of the Legislatur­e to pass any law that preempts the existing authority of local government­s.

That’s what it takes to create new exemptions to the state’s Sunshine Law, and even that doesn’t stop lawmakers entirely. But it does slow them down, and it forces Republican­s who control the Legislatur­e to get some Democrats to go along.

Many preemption bills now are getting through the Legislatur­e on largely partyline votes. Republican lawmakers are determined to force their will on local government, while Democrats remain more deferentia­l to the Florida Constituti­on’s clearly stated intent to give municipal government­s “the broad exercise of home rule powers …”

To Republican­s these days, home rule doesn’t even include letting cities regulate trimming and removing trees.

Cities and counties have mostly stood back and wrung their hands as the state launches assault after assault on their home-rule powers. The Florida League of Cities and Associatio­n of Counties oppose bills but are too timid to engage in the kind of smash-mouth lobbying that groups like the NRA aren’t shy about using.

Municipali­ties are bringing knives to gunfights, and they’re losing almost every time.

The state constituti­on is the last bulwark available to Floridians against legislativ­e and executive power grabs.

An amendment wouldn’t be easy. It would be expensive and time consuming. And the state’s working overtime to put up barriers and stop Floridians making their voices heard through amendments.

But city and county leaders shouldn’t underestim­ate the collective power they possess. They’re much closer to the voting public than state lawmakers are. They wield tremendous influence.

If a group of low-profile do-gooders can get an amendment on the ballot giving ex-felons the right to vote, surely Florida’s thousands of elected, well connected councilors and commission­ers can do the same.

Cities and counties could go to court to fight preemption­s, but are they prepared to launch expensive legal battles one at a time to counter the state’s assembly line of new laws? We’re thinking Florida Attorney General Ashley Moody would be happy to defend preemption and tie local government up in court for years.

No, the answer is to change the constituti­on and make it harder for lawmakers to keep intruding on local affairs.

The amendment effort needs to be led by the League of Cities and Associatio­n of Counties. They’re the voice of local government in the state.

It’s become clear that meddling by Florida lawmakers has no boundaries. They will continue to hollow out local government power to impose a social agenda and keep Florida’s business lobby happy.

Florida cities and counties can keep asking nicely for them to stop, or they can answer the state’s bullying with the one tool that’s going to make a difference — an amendment to the Florida Constituti­on.

Editorials are the opinion of the Orlando Sentinel Editorial Board and are written by one of its members or a designee. The editorial board consists of Opinion Editor Mike Lafferty, Jennifer A. Marcial Ocasio, Jay Reddick and Editor-in-Chief Julie Anderson. Send emails to insight@orlandosen­tinel.com.

 ?? TRIBUNE NEWS SERVICE ?? The Florida Legislatur­e isn’t going to stop preempting local government powers until the constituti­on is amended to make it more difficult.
TRIBUNE NEWS SERVICE The Florida Legislatur­e isn’t going to stop preempting local government powers until the constituti­on is amended to make it more difficult.

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