Florida's Cities vs State – The battle continues

Florida’s Cities vs State – The battle continues

Bottom Line: Throughout the state session numerous battles brewed over the increasing activism by local governments. At the crux of it all was the question of whether it’s acceptable under “home rule” for local governments to continue to engage in the practice of banning whatever they see fit without having to account to any other outside authority on the issue. During the session these issues were considered and failed pitting local governments against the state: 

  • Vacation rentals
  • Scooters (legislation passed but differs to local government on the issue)
  • Plastic bags

These issues passed during the session:

  • Banning bans on plastic straws for a minimum of five years for a review of impact
  • Banning governments from banning gardens at one’s home
  • Banning sunscreen bans

The issue most of us run into is simply looking at how we feel about an issue and what the outcome will be. That’s a mistake. It’s about the premise. Maybe you’ll get what you like today but what if something you care about is stripped away from you tomorrow by a state or local government. There’s a difference between sensible regulation and a loss of liberty. I think it’s important that we error on the side of personal liberty. After all, that’s what this country was founded on. The last thing any of us want is to be living our lives and suddenly have our governments take away our freedoms and personal choice. 

On the vacation rental issue, I think it’s appropriate to keep local officials in charge of regulating the industry rather than attempting one-size fits all regs from the state. Ditto scooters. But on the issue of plastic bags, I disagree with local bans. Many of us prefer plastic bags, many of us have various uses for re-purposing them (like cat litter). For a local government to remove that ability takes away liberty and personal choice. The plastic straws are different but similar. Personally, I’m just fine with not having them and they are an environmental issue. At the same time let customers and businesses drive those decisions rather than removing the rights to them. It’s been pointed out that certain disabled individuals literally can only feed with them. Imagine if you’re one of those people in a city that banned them. 

About the veggie gardens. Why the heck should a local government be able to prevent you from using your land to grow a tomato? Seriously? What else will that local government eventually prevent you from doing on your property? And the sunscreen ban is the most absurd of all. The bans because based on bunk science. What’s next? I implore you to look at the issues, and advocate within your local government, for what provides you with the most liberty balanced with sensible regulation. Consumer choice should drive the decisions of what happens with the bags and the straws. In my community, two of the three restaurants we frequent made a change on straws because they, and many customers wanted them to. Not because the government told them to. That’s the American way.

And as for the environmental concerns. The day one of you pulls as many bags and straws out of the water as I do, I’ll listen. Yes, there are environmental issues with them but the objects aren't the issue. People who aren’t responsible with disposing of those items is the issue & it’s far from exclusive to bags and straws. 


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