From plastic straws to affordable housing, Florida tramples cities’ right to govern themselves | Opinion
It has been said that if a session of the Florida Legislature takes place during a presidential election cycle, then lawmakers will conduct the state’s business quietly. They won’t create major headlines.
However, I implore all Floridians, including local elected officials, to be vigilant and pay attention as the legislative session begins Tuesday in Tallahassee. Bills already have been filed, committee appointments have been made — and local governments’ authority will continue to be under attack.
Home rule is defined as a municipality’s ability to establish its own form of government through its charter and to enact ordinances, codes, plans and resolutions without prior state approval. Simply stated, local governments were given the authority to work in the best interest of their constituents and cities.
After all, local elected officials are closest to and tuned in with the people who voted them into office. Local officials talk to voters at the grocery store, at Little League games, after commission and board meetings, at restaurants — basically anywhere the local official goes within their district or municipality. However, these conversations often end with the statement of, “I’m sorry, I can’t help you because the state has prevented us from taking action on this matter.”
Recently, a nonprofit watchdog organization, Integrity Florida, released a detailed report on the state Legislature’s continued use of preemption to block local governments from taking action on issues that matter to their constituents. Legislators, in particular, from the controlling Republican Party in Tallahassee have used many methods of preemption without regard for local governments and without listening to local officials who plead, session after session, for lawmakers to work with local governments instead of continuing this Thanos-like assault on local governments’ ability to carry out the wishes of the people they represent.
Integrity Florida’s report revealed that the state has turned from the noble qualities of preemption and moved toward punitive preemptions that not only block local elected officials from taking action, but will also lead them to face unfair legal repercussions — fines, suspensions or removal from office — because they acted on behalf of the people they represent.
Preemption was always meant to establish uniformity throughout the state on big issues. But when legislators are using their time and taxpayer dollars to preempt local governments from banning plastic straws, you have to ask: Are they working in the best interest of Florida or for some restaurant lobbying firm that has padded some legislator’s PAC.
Worse, Integrity Florida also found out that, “Some Republicans have expressly acknowledged that the use of preemption is a strategy to block progressive local actions and to punish ‘rogue’ local governments.” The report says that instead of enforcing the business of Florida, preemption is being used as a partisan tool and motivated by special interest. All of this takes place in Tallahassee, not in our cities, not in the place we call home.
And it’s not just plastic straws. Affordable housing is a crisis in South Florida. but the crisis might looks different from one city to the next. However, the state preempted inclusionary zoning, effectively blocking local governments from working with developers to provide affordable housing.
Enough is enough. Residents and local elected officials must stand together and work to protect their homes. This is not a partisan battle. Preemptions, especially punitive preemption, see no color, and all local governments are affected. We have to pay attention and we have to change the mindsets of the people we send to Tallahassee.
Local governments are labs of democracy, where we are supposed to be innovative and forward thinking. The state Legislature should not prevent local governments from carrying out their mandate.
Joshua Simmons is a Coral Springs city commissioner.