Every 20 years, Floridians are allowed to propose changes to the state constitution that are taken under advisement by the Constitution Revision Commission. HANNAH SCHWAB/TCPALM Wochit
What's wrong with Commissioner Proposal 95?
In a word, everything.
If this proposed constitutional amendment gets on the November ballot and is approved by 60 percent of voters, cities and counties throughout Florida stand to lose many of the characteristics that make them unique.
Proposal 95 is percolating in the Constitution Revision Commission, the 37-member panel that meets every 20 years to reevaluate the Florida Constitution. This heinous proposal is scheduled to be heard 9 a.m. Friday in the Local Government Committee in Tallahassee.
Here's hoping committee members strike a blow for local government by killing the proposal.
Proposal 95 states, in part: "A county, municipality or special district may only regulate commerce, trade or labor occurring exclusively within the respective entity's own boundaries in a manner not prohibited by law."
In other words, any and all business regulations adopted by local governments that don't conform with state law would be invalidated.
Can you imagine the potential casualties?
- Short-term rental regulations in Vero Beach? Gone.
- The noise ordinance in the city of Stuart? No longer valid.
- Assorted local regulations on businesses in Fort Pierce or Port St. Lucie — or jurisdictions throughout the Treasure Coast? Expired.
There's more. Proposal 95 also states: "A regulation enacted by a county, municipality or special district may not intrude upon or impede commerce, trade or labor across the respective entity's boundaries."
This rule, in essence, would exempt a business serving one or more local jurisdictions from any local government regulations.
What's wrong with Proposal 95?
"It's too broad," said Cragin Mosteller, director of communications at the Florida Association of Counties. "It leaves almost any issue open to preemption by the state. The only laws that could be passed to regulate business would be statewide laws."
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Proposal 95 is built on the flawed premise that state lawmakers know better than local officials what is best for individual cities and counties.
This is ludicrous.
Local officials, with input from their constituents, know what's best for their communities. This is the principle of home rule, which is prescribed in Florida Statutes (125.01 and 166.021).
Proposal 95 also reverberates with the notion that "one size fits all."
Again, ludicrous.
What's right for Stuart or Vero Beach might not work in Port St. Lucie or Fort Pierce.
Proposal 95 essentially would be the death knell of home rule in Florida.
According to the Florida Association of Counties, Proposal 95 would:
- Affect fundamental local decisions such as zoning, animal control, tree protection and traffic.
- Force local leaders to navigate a network of approvals and appeals to tackle mundane administrative matters.
- Require local employers to engage in the state legislative process for minor matters that could easily be addressed at the local level.
Mosteller offers one more caution: "This is constitutional," she said. "Once it's in the Florida Constitution, the Legislature can't change it either."
Proposal 95 is bad all around. The Constitution Revision Commission should put it out of its misery.
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