ORLANDO, Fla. – A bill that would roll back rural area protections like the charter amendment Orange County voters approved in 2024 is, according to legislative experts, part of a growing trend by Florida legislators over the last few years that override measures by local governments.
The Florida Association of Counties, which represents county governments in Tallahassee, is tracking more than 50 bills, filed by both Democrats and Republicans, that they say preempt local rules in favor of one statewide regulation. The group runs a Preemption and Mandate Tracker on its website.
Recommended Videos
Among the bills on the tracker:
- A bill to stop local governments from adopting rules or regulations regarding presidential libraries (HB 69)
- A bill prohibiting local governments from banning property owners from installing synthetic turf (HB 683)
- A bill removing special assessments, such as fees to fund EMS or fire services, as a source of funding for local governments (HB 771)
Cragin Mosteller, director of external affairs for FAC, says the state legislature has tried to preempt local government rule for decades, but the attempts have increased in recent years.
“Our growing concern is that more of these bills are preempting local government but also the ability of local governments to respond to their citizens because it’s preempting local governments to have those hearings,” Mosteller said.
Among the most recent examples, a Florida law in 2021 overrode a Key West voter-approved measure to restrict the size and number of cruise ships docking there.
“They were overrun with cruise ships who were destroying the clear water, damaging the reefs, causing all kinds of problems,” said News 6 political analyst and UCF professor Dr. Jim Clark. “The city council and the county commission wanted to regulate the number of ships, and the state stepped in and said ‘No, we’ll decide what’s best for you.‘”
Clark said the owner of the private cruise port that fought the measure, Mark Walsh, gave nearly $1 million in donations to Gov. Ron DeSantis' political action committee.
At the time, the Florida Harbor Pilots Association said the bill restricted port commerce.
“Maritime commerce has a wide-ranging impact on the lives of Floridians across the state, allowing for the free flow of goods and services to all regions — not just the locality of a given port,” association President Ben Borgie said in a statement. “Given that statewide importance, it is paramount that maritime commerce is not restricted or regulated via local ballot initiatives.”
Clark says more business groups are taking this tact because it’s easier and cheaper than fighting each local government.
“This is the ultimate shortcut, this is the expressway to getting things done,” Clark said. “Now all you need to do is find one prominent state senator or state representative, say hey pass this bill, and you can avoid all of the local government, all of the local voters, and get what you want.”
Business groups often say the bills allow for consistency across the state, as opposed to a patchwork of local rules that businesses have to sort through.
That was the argument made last year when the legislature passed a bill that prevented local governments from imposing heat exposure protections for workers.
“Small business owners don’t have the time or the resources to navigate a confusing and contradictory array of local ordinances that go beyond (what) the state already mandates,” said Bill Herrle, Florida director of the National Federation of Independent Business, at the time the bill passed.
“As a rule, the legislature has the ability to pass these laws and implement them. And I think the recourse is for citizens to let their lawmakers know they want the ability to provide this feedback and shape what their communities look like,” said Mosteller.
News 6 contacted the National Federation of Independent Business for an updated statement on preemption bills, and are waiting to hear back.
Information from the News Service of Florida was used in this report.