Dictating from Tallahassee

Editorial

The Florida Legislature crafts state law, adopts an annual budget of tens of billions of dollars, and sets wide-ranging policies for the state. But for some lawmakers, that's not enough power. They like to stick their noses in the business of cities and counties contrary to Florida's "Home Rule" authority, which became part of the state constitution in 1973.

We've always said the state has a responsibility to establish baseline standards in statutes and policies that counties and municipalities must adhere to. But local governments also have the right to pass rules, codes and ordinances that address their specific needs and challenges — and that may exceed, when reasonable, any standard passed by the state. That's what Home Rule is all about.

As Doug Smith, a Martin County commissioner and president of the Florida Association of Counties, told us recently: "The government closest to the people governs best."

But as often happens in Tallahassee, special interest groups that do not like being told what to do on the local level hightail it to the Legislature looking for relief. It happens every year.

A prime example this session has been the continued attempt to dramatically weaken at least 64 local ordinances throughout Florida banning the use of fertilizer during the rainy season. For environmental and financial reasons, local governments are trying to protect waterways from nutrients that cause harmful algae blooms, and they should have the right to do so. Cleanups are expensive.

But landscaping firms and turf-grass companies are vehemently fighting the local regulations and found sympathetic ears in Tallahassee.

Fortunately, a bill sponsored by Sen. Charlie Dean, a Citrus County Republican, died in a Senate committee this past week after an outcry by a large group of local officials. The House version, sponsored by Rep. Jimmie T. Smith, also a Citrus Republican, is pending, but the Senate measure's defeat more than likely means the end of the issue — this session.

Some lawmakers also like to butt in on local taxation issues. A proposed constitutional amendment that would have cut local property taxes by more than $500 million — and possibly more — if approved by voters failed in a House subcommittee last week. The effort ignored the impact on local governments, many of which have reduced services and struggled to balance budgets in recent years due to lower property values and tax revenues.

Rep. Fred Costello, R-Ormond Beach, was dead on during debate when he pointed out that backers wrongly assumed "we know best" and that they were telling cities and counties, "You figure out how to fund all the things you need to do with less money."

Lawmakers do not know best. These issues should be decided by local boards that fund local services and state mandates — and the residents they serve. Voters are perfectly able to hold any reckless-spending local official accountable. This is the way Home Rule works.

In the past, some lawmakers have targeted local wetlands protection, specifically Hillsborough County's program, which is more stringent than the state's. Having tougher standards than the state is Hillsborough's prerogative — as well as any municipality's or county's — and it has been highly successful. The state has no business trying to dictate a one-size-fits-all policy.

Other local initiatives under attack this year include time, place and noise restrictions some local governments place on airboats. Sen. Steve Oelrich, R-Gainesville, is sponsoring a Senate bill that would allow airboats to be exempt from local restrictions — including, in one case, a 7 p.m.-7 a.m. curfew approved by Alachua County voters in 2010 — if the boats pass a sound test. The bill was voted down by a committee Monday but is to be reconsidered next week.

Local pretrial release programs — which save governments money and jail space — have been targeted previously by the bail-bond industry, which is counting lost dollars, and county officials are watching to see if the issue resurfaces again this session. As of late this week, there appeared to have been no movement.

When the Legislature is in session, voters need to keep a close watch on legislators who are willing to reverse local decisions, and subvert the democratic process, as soon as special interests come calling.

Home rule is a vital right of local governments and the citizenry. It needs to be respected and protected.