Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be. ~Sydney J. Harris

Submitted by Suanne Z. Thamm

Reporter - News Analyst

February 27, 2017 6:20 a.m.

The Florida Legislature will begin its 2017 session this week. While many observers are watching various bills as they wend their way through committees and between houses, there is one bill in particular that should deserve the attention of every city and county government: House Bill 17. This bill was introduced by Representative Randy Fine, a Republican who represents the 53^rd District:

Local governments have complained over the years about unfunded mandates being passed down to them – and local taxpayers – by state and federal legislative actions. If HB 17 ends up being passed in its current format, local governments will be even more hamstrung. They will only be able to pass local ordinances that are expressly authorized by

the state. Such action seems to fly in the face of both home rule and the concept of allowing communities to legislate to solve their own problems their own way.

Rep. Fine told FloridaPolitics.com recently that the intent of the bill is to help businesses thrive and grow, adding, “There are folks that think business should be left up to local government and then there are folks like me who think the nexus of business runs through the state.”

Not everyone shares Fine’s views, however. According to opponents, who have been vocal in denouncing this bill in newspapers around the state, this bill is a blatant example of what is known as pre-emption: the state taking powers that up until now have been within the control of local governments. According to a February 24, 2017 editorial in the St. Augustine Record (SAR), “Tallahassee could decide how our re-enactors should dress or when they switch to overtime. They could oversee the hours of our art galleries or sanitation regulations for horse and carriages.”

The SAR goes on to express Fine’s opinion that the bill isn’t as bad as it sounds… local government are free to pass all the local regulations they want, the regulations need only be “expressly authorized” by the state.

Tia Mitchell, writing in the February 26, 2017 Florida Times Union, reported that bills with low numbers are heavily supported by leadership. If there is some good news about this particular bill it has to be that Fine’s proposal to make it retroactive to January 1, 2017, was eliminated as the bill was passed along party lines in the House Career and Competition Subcommittee.

Mitchell wrote about the proposed bill, “Small-town officials worried that they would be prevented from passing city ordinances to rein in strip clubs. Others argued that it made no sense for the Legislature to insist on one-size-fits-all rules as if what works for Pensacola would be satisfactory or feasible in Miami. They also criticized the Republican-controlled Legislature for a power-grab they said would have the state in the uproar if the federal government ever tried to take a similar approach.”

The Florida Legislature is only in session for March and April. If you want to be heard on HB 17 or any other matter, contact the members of the Nassau Legislative Delegation.

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.