Attention, Florida lawmakers: Stop eroding home rule

One of the more appealing aspects of living in Florida is that it is such a diverse state, geographically and culturally. The Panhandle has little in common with Central Florida, which is quite different from South Florida. The old saying about the Sunshine State — “The farther south you go, the further North you are” — rings true to this day.

So why are so many lawmakers in the Capitol intent on treating Florida as a homogeneous entity?

Continuing a trend that has gained steam in recent years, the Legislature this session is considering several bills that would strip counties and municipalities of their ability to govern themselves. These proposed state laws would preempt what is known as “home rule,” a provision that was enshrined in the 1968 Florida Constitution and was bolstered five years later with the passage the Municipal Home Rule Powers Act (MHRPA), which specifically states that local governments should be able to act unless otherwise provided by law.

Tallahassee, though, has been steadily shrinking that sphere of local autonomy. In the last few years Florida has passed laws that punish local governments that adopt gun restrictions; limit the ability of municipalities to regulate vacation rentals, businesses, and building and land use; and prohibit local bans on plastic bags, among other issues. The Florida League of Cities has identified at least nine preemption bills it is opposing this session.

Preemption has perhaps no greater advocate than Rep. Greg Steube, a Sarasota Republican who seemingly believes that his personal conflicts with local government deserve a statewide solution. When he bought an investment property on Florida’s east coast but was unable to rent it because of local rules, he filed a bill to eliminate local regulation of vacation rentals. When he built a three-car garage in Sarasota, he was irked to discover that he had to pull a permit to clear the lot of trees and then pay to have the debris hauled away. So he filed a bill aimed at repealing every municipal tree protection ordinance in the state.

He also is sponsoring a bill prohibiting local governments from banning “back-in” parking at public garages.

It’s ironic that a Republican-controlled Legislature would be so intent on consolidating power when at the same time many of those same lawmakers rail against federal power usurping states’ rights. For several decades the principles of federalism, expressed in the 10th Amendment to the U.S. Constitution and in the words of Thomas Jefferson (“The government closest to the people serves the people best.”) were espoused by the GOP all the way down to the local level.

But with Republicans now controlling 32 state legislatures, they seem to have grown comfortable with consolidating their power. Indeed, Florida is by no means alone in having its legislature imposing its will on cities and counties. A lot of it has to do with business interests not wanting to have to deal with dozens, if not hundreds, of different governments and regulations. They would rather lobby one, centralized regulator — the state — or better yet, have no regulations at all.

That makes sense for their selfinterest. But it undermines the selfinterest of local voters, while ignoring the fact that what may be good for Pensacola may be a poor fit for South Beach, and that the interests of a rural population may be different than those of an urban one. Local governments should have the freedom to tailor many kinds of policies to suit their residents’ needs, and their voters should have the regular opportunity to pass judgment on those actions.

The Legislature has more important issues to worry about than micromanaging tree-trimming ordinances. It needs to respect home rule.