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