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When is home rule the best rule? | Editorial
Government closest to the people is often the best government. Isn’t it, Tallahassee?
 
The Republican-led Legislature, for all of its talk about small government and local control, has been shifting more power to Tallahassee through the use of so-called pre-emption bills.
The Republican-led Legislature, for all of its talk about small government and local control, has been shifting more power to Tallahassee through the use of so-called pre-emption bills.
This article represents the opinion of the Tampa Bay Times Editorial Board.
Published March 19, 2021|Updated March 19, 2021

Banning smoking on a public beach? Prohibiting single-use plastics? Requiring gas stations to install charging stations for electric vehicles? Who decides? Each one involves the question of home rule — when are decisions best made at the local level, and when should the state step in to stop local government?

“Government closest to the people governs best,” said Rep. Thad Altman, an Indialantic Republican, channeling his inner Thomas Jefferson in sponsoring House Bill 239, which would allow local governments to limit smoking in public parks and beaches. That sentiment of local-knows-best should fit the sensibilities of small-government Republicans. But then comes Gov. Ron DeSantis, a Republican who countermanded local rules on face masks during the pandemic. That was just one of many recent examples of Tallahassee politicians getting in the way of local governments trying to look out for their own communities.

The principles of home rule are easy enough. When an issue doesn’t cross political boundaries, let government closest to the people have control. Cigarette butts on a Clearwater Beach don’t directly affect someone in Port Richey, so let officials in Pinellas set their rules. The effect of a vacation rental on neighbors is different in a resort beach town versus a residential neighborhood. So let each town set its own rules. But if you hail a ride share in Pinellas Park for a trip to Tampa International Airport, the Uber driver should be governed by one set of rules, not laws that change as she crosses Tampa Bay. All of this is just common sense.

And then there’s the Legislature, which is wildly variable in its attitude toward “preemption,” when the state should drop its big hammer and keep local government from governing. While the smoking ban bill makes perfect sense, there are a host of bills involving green energy and fossil fuels that don’t. For example, Miami, which is a literal ground zero for the effects of climate change and rising seas, recently said it would have to ban natural gas hookups in new construction soon if it hopes to reach its goal of going carbon neutral by 2050. Why shouldn’t Miami have that right? It affects no one in Tampa. But that’s what SB 1128 would do. Lobbyists for the fossil fuel industry and other special interests shouldn’t muddy legislators’ thinking about home rule.

Conservatives in Tallahassee shouldn’t pre-empt home rule just because they don’t like what elected officials are doing in left-leaning cities. Let the people decide, right? After all, if a Tampa City Council member is out of step with her voters’ wishes, they can give her a piece of their mind when they see her at Publix or Home Depot or the park. And they can throw her out during the next election. That’s democracy, and it’s worked pretty well for a long time in America.

Home rule is a simple concept: When is local government the best government? When are those closest to the people best able to decide what’s good for their constituents? The answer is, most of the time. Let’s not forget.

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Editorials are the institutional voice of the Tampa Bay Times. The members of the Editorial Board are Editor of Editorials Graham Brink, Sherri Day, Sebastian Dortch, John Hill, Jim Verhulst and Chairman and CEO Paul Tash. Follow @TBTimes_Opinion on Twitter for more opinion news.