Wednesday, January 19, 2022

Travis Hutson files amendment addressing home rule concerns with preemption bill. (Florida Politics)

Senator Travis Hutson's Draconian preemption bill has been amended, and I am almost starting to like it.

Good compromises make for good laws.

That's the essence of our democratic republic.  

Our Florida League of Cities is ok with the proposed amendment. 

But that's not enough for me, or for thee.

BUT, to avoid violating the 14th Amendment equal protection clause, Senator: A true economic impact statement should include analysis on the economic effects on living breathing people, not just businesses, including the economic effects of:

  • Florida's regressive tax system, including overreliance on sales taxes, 
  • Florida's eschewing taxes on wealth and "intangible property" like stocks and bonds, and 
  • Florida legislators' constant drumbeat of assaults on our history and nature here in St. Augustine, Florida, sometimes called "God's country." 

In 2016, Senator Hutson was only the second Florida legislator to support LGBTQIA+ rights.  I am hopeful he will more often support human rights as Chair of the Florida Senate Committee on Regulated Industries.  That means not sponsoring dumb 'ole preemption bills intended to violate self-government, while supporting and increasing rights for our citizens who are oppressed by governments and businesses.

 From Florida Politics: 

Travis Hutson files amendment addressing home rule concerns with preemption bill. (Florida Politics)

By Jacob Ogles

January 18, 2022

Will this soften the blow to local governments?

Sen. Travis Hutson has filed an amendment to a controversial preemption bill that could soften the blow to home rule.

The amendment to the legislation (SB 280) addresses many of the concerns raised by local government advocates at a first committee stop.

“When an ordinance is arbitrary or unreasonable, we don’t want to see Floridians lose their rights and small business owners lose their livelihood as these cases languish in the court system. The bill gives priority to these cases, so they can be resolved as quickly as possible,” said Hutson, a Palm Coast Republican.

“My amendment will maintain those key provisions of the bill, while incorporating a great deal of feedback from local governments that we heard at the first committee stop and (from) those who have contacted me directly as I have been working on this bill. In particular, the League of Cities and the Association of Counties have played an important role, and we have worked to incorporate their suggestions.”

The legislation would still require counties and municipalities to provide a business impact estimate before passing local ordinances, but the amendment makes clear governments can outsource estimation to outside groups, including civic organizations like chambers of commerce.

Hutson also added to a list of exemptions for the estimate requirement. That now includes growth management ordinances and changes to building or fire codes, anything bringing local law into compliance with state law or to change a contract to include public or private grant assistance, ordinances related to issuing or financing debt or to adopting changes to budgets, and any local legislation.

The law also allows a legal avenue for businesses to sue governments to stop ordinances from going into effect. But Hutson’s amendment empowers local governments to lift any stay on enforcement if they win in court, even if they are waiting on an appeal.

The changes also include language intended to discourage frivolous lawsuits that serve only to delay enforcement of laws.

“We appreciate the open dialogue and sincere collaboration we’ve had with Chair Hutson and other stakeholders on SB 280. We are thankful to Chair Hutson for listening to the concerns of Florida’s cities,” said Casey Cook, legislative director at the Florida League of Cities. “As a result of this amendment, we now support this legislation, which reinforces that cities can continue to meet the needs of their communities while ensuring the partnership between municipalities and local business remains strong.”

The bill advanced through the Senate Community Affairs Committee on a 6-2 vote and will now come before the Rule Committee on Thursday.

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