Submitted by Suanne Z. Thamm
Reporter – News Analyst
May 1, 2019 8:39 a.m
Florida is now in the final week of the 2019 Legislative Session. This is crunch time, when all the member priorities have their last shot at approval before the white handkerchief is dropped, officially ending the session. While the Kentucky Derby runs on Saturday, the Tallahassee Derby will be in full swing sooner with lots of last minute horse trading that will determine the fate of many bills.
As we have learned from history — remember the kerfuffle that ensued last year with the last minute passage of HB631 limiting public beach access — stuff happens quickly and with little discussion during these final days. Already we have learned that the House and Senate have passed CS/HB 1159, which imposes restrictions on enforcement of local government tree ordinances. It now heads to a floor vote, along with other measures that would tie the hands of local governments.
This Guest Commentary below entitled “Legislature must stop taking rights from city governments” by Orlando City Council members. Tony Ortiz and Robert F. Stuart appeared in the Orlando Sentinel, Tuesday, April 30. 2019:
“As the Legislature wraps up another session, we, as members of the Orlando City Council and the Florida League of Cities Board, are once again concerned about the many laws that are being advanced in the final hours that chip away at a provision that was ratified into the Florida Constitution by Florida voters 51 years ago… Home Rule. In short, home rule gives cities the right to perform municipal functions and deliver services without express permission from the state.
“Often touted as legislation that “fixes broken systems” and shrouded under titles that sound promising, these preemption bills usurp local governments’ ability to be accountable to the concerns raised by their own residents. One such bill is entitled Private Property Rights of Homeowners. While the title sounds promising, the legislation turns over all regulation of home sharing (for example, AirBnB and VRBO) to the state, which in turn could allow home sharing anywhere in our city and prohibit us from being responsive to our constituents when concerns are raised.
“Another bill relating to communication services further limits or entirely prohibits municipalities and counties from overseeing or permitting communications infrastructure. This means there would be no oversight on where power poles could be located, no recourse on utility under-grounding projects, and local governments would be prohibited from requiring any permit for the installation, placement, maintenance or replacement of many different types of communications infrastructure, among other changes. We know that the way we communicate with one another is changing, but cities are successfully deploying communications infrastructure unique to their community’s design standards and preferences. Residents should have a say in what communications infrastructure is being constructed in the rights of ways in front of their homes and businesses, in their parks and on other public property,
“These bills, like many others, promote one size fits all solutions for a state that has 67 counties, more than 400 municipalities, and spans 447 miles from north to south. We find it hard to understand why the state Legislature seems so devoted to the methodical dismantling of local authority over local issues, since we know how upset they get when Washington does the same to them. Please lend your voice to the home rule movement and let our legislators know that one size fits all doesn’t fit us.”
To track a bill’s progress visit Legiscan.
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.