How Far Should Individual Rights Go!

During the years I have been travelling to Tallahassee, I have spoken to many legislators in pursuit of advocating for municipal self-determination. One of the by-products of these meetings is receiving various legislator newsletters. One newsletter I receive is from Senator Greg Steube. Senator Steube is the ultimate property rights advocate — to such an extent that he wants to prevent any regulation by local government of the trees on your property. Another of his bills would prevent regulation of short-term vacation rentals.

In many ways I agree with Senator Steube’s philosophy of private property rights. You should be able to do what you want with your property. However, there is no right that is absolute. We need to remember that what you do on your property does affect your neighbor. So the question really becomes how much the government should regulate an individual’s behavior and actions.

If you live on a 400-acre farm, should you be able to have a garbage pit to throw your trash into? Should you be allowed to dam the stream that runs through your property to create a lake? In a more urban setting, should you have the right to rent out your home by the day?  Should you need a permit to cut down a tree?

First let’s take the example of cutting down trees. One of the most contentious items in granting development permission is how many and where trees can be removed. The second part of the equation is, after the developer removes the trees, how many should be replanted and what species. As a society, do we not want to encourage habitat for birds and other wildlife within our communities? Since most of us in cites live in very close proximity to our neighbors, how every home and yard is maintained has a direct economic and aesthetic impact on other property owners.

Vacation rentals can pose problems. If I move into a residential single family neighborhood and the owners of the house next door begin renting their dwelling out on a daily or weekly basis, doesn’t that have an impact on my rights? If I wanted to live in a more commercial setting, I would have chosen a different place to call home. We have zoning to prevent just such problems. Hotels must follow certain building and health codes for the protection of their guests and public. What about the tax money that is lost to jurisdictions?

It has been my experience that local government doesn’t regulate just to regulate. There usually is broad support for the ordinances they enact. Tallahassee should not concern itself so much with what cities and towns do but rather with statewide problems. Senator Steube is not only a state senator but a citizen of a local jurisdiction. He has the same rights as any citizen to petition his local elected officials to change the local ordinances that he does not like. If enough of the local electorate agrees, it will be accomplished.

What he or any state legislator shouldn’t do is use their authority to circumvent Florida citizens’ local self-determination. If enough voters of a municipality want to change something then they can elect others in the next election that agree with their position. Unfortunately, Senator Steube and other legislators believe that Tallahassee should be the arbiter of what we do locally and not you, the people who actually live, pay taxes and vote within your communities.