Fernandina Beach City Commission approves anti-preemption resolution

Submitted by Suanne Z. Thamm
Reporter – News Analyst
March 8, 2017 12:04 p.m.

At their March 7, 2017 Regular Meeting the Fernandina Beach City Commission (FBCC) voted unanimously to oppose measures under consideration in the current Florida Legislative session that would preempt municipalities from licensing and regulating business without specific approval by the state.  Some have opined that legislation under consideration undermines home rule for those municipalities and counties that have been chartered.  One example given in a recent news editorial claimed that under HB 17, a city could have a noise ordinance that would restrict residential homeowners from operating lawnmowers to certain hours, but that same prohibition would not apply to licensed lawn care companies unless approved by the state.

While initially the city drafted a resolution to oppose HB17, in light of other bills pending that could also undercut home rule, the FBCC asked City Attorney Tammi Bach to broaden the language of the resolution to reflect the commission’s opposition to any and all proposed legislation that would take authority away from local government.  The revised Resolution appears below:

RESOLUTION 2017-38

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA, OPPOSING ANY STATE LEGISLATION THAT WOULD PREEMPT LOCAL REGULATIONS TO THE STATE BY PROHIBITING LOCAL GOVERNMENTS FROM IMPOSING OR ADOPTING CERTAIN ORDINANCES, REGULATIONS, RULES LICENSES, PERMIT OR OTHER REQUIREMENTS, INCLUDING ASSOCIATED FEES; OPPOSING ANY STATE LEGISLATION THAT WOULD PREEMPT AND REPEAL BY OPERATION OF STATE LAW ANY EXISTING LOCAL REGULATIONS; OPPOSING ANY STATE LEGISLATION THAT WOULD LIMIT LOCAL GOVERNMENTS IN MODIFYING OR IMPOSING ADDITIONAL REGULATIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, any state legislation that preempts local regulations would have far-reaching negative impacts upon local governments throughout the State of Florida and would severely limit their ability to prescribe local laws to meet community needs; and

WHEREAS, the City Commission strongly opposes any state legislation that would preempt local regulations, that would repeal by operation of law existing local regulations or that would limit local governments in modifying or enacting additional local regulations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FERNANDINA BEACH, FLORIDA, that:

SECTION 1. The City Commission hereby opposes any state legislation that would preempt local regulations to the State of Florida by prohibiting local governments from imposing or adopting certain ordinances, rules, regulations, licenses, permits or requirements, including any associated fees, that would repeal by operation of law existing local regulations, or that would limit local governments in modifying or enacting additional regulations.

SECTION 2. This Resolution shall become effective immediately upon adoption.

ADOPTED this 7th day of March, 2017.

City Commissioner John Miller stressed the importance of communicating the city’s position to legislators.  He will take the resolution to Tallahassee next week to present to Rep. Cord Byrd and Sen. Aaron Bean.

Miller urged residents to also contact the legislators to express their opposition to preemption.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.