The Orlando Sentinel had an editorial regarding how Tallahassee is undermining the concept of home rule as defined in the Florida Constitution. There is no doubt about that!
That is nothing new. As a city commissioner, I received the “Hometown Hero” award every year for fighting that battle. It was a loosing battle if not quite the way the Alamo turned out for the Texans.
The way the legislature picks at local government’s ability to craft ordinances that address the concerns of their individual communities is more like fighting a guerilla insurgency instead of a full-scale war.
Little by little, cities and counties are forbidden from doing this or that in the name of “property rights” or some other slogan popular in Tallahassee that year. However, the real reason is a single contributor or lobbyist has been whispering in a legislator’s ear to get the result for themselves or a client that they want. It may be a good result for an individual or industry but not so good for the people the legislators supposedly represent.
What can be done to arrest this undemocratic trend? The passing of a constitutional amendment that would require any preemption of local authority to have two thirds vote in the legislature before being enacted. The concept of home rule is in our state constitution. It is time that the legislature honors the constitution.
They will not do so except if legally forced. Not only do we need to pass a constitutional amendment by a voter initiative, but more is needed. There must be proposed implementation legislation that the voters can read and agree to in the voter education campaign to have this amendment pass. The proposed bill needs to be just as well known as the amendment.
Too many times, we have seen voter passed initiatives such as restoring the right to vote for felons, or medical use of marijuana thwarted by the way the legislature writes the law for implementation. They ignore the intent of the voter. There needs to be a clear understanding that if the constitutional amendment is passed, there is also voter-approved enabling legislation with it.
That does not mean legally that the tricksters of Tallahassee must pass that legislation, but it should mean that politically they have no choice. The initials after the legislators’ name should afford no protection if they go against the will of the people.
We need to stop fighting this guerilla war with Tallahassee and engage in an all-out battle over home rule. Yes, local appropriations may suffer for a while, but if the concept of home rule continues to deteriorate, local government will not be allowed to spend the money anyway.
