The Presidential Select Committee on Preemption is a long-range strategic effort to address the issue of preemption of local home rule authority. The committee will study how preemption issues have occurred both in Florida and nationally to understand the trends, causes and proponents of state preemption of local authority with the goal of creating sustainable solutions or alternatives to state preemption.
To view members of the FAC Presidential Select Committee on Preemption for 2021 - 2022, please click here.
What Is Preemption?
"WHAT WE ARE SEEING NOW IS PREEMPTION THAT PROHIBITS LOCAL GOVERNMENTS FROM DOING MORE THAN WHAT WAS PROSCRIBED BY THE STATE AND, IN MANY CASES, FROM REGULATING AT ALL." - Memo Analysing Home Rule Authority in Florida (The Local Solutions Support Center)
Simply stated, preemption occurs when a higher level of government (such as a state legislature) restricts or withdraws the authority of a lower level of government (such as a county) to act on a particular issue.
Home Rule Authority in the State of Florida
One of the first steps to understanding the lasting impacts of preemption in Florida is developing an appreciation of the home rule powers of Florida’s cities and counties. The Local Solutions Support Center has provided the "Memo Analyzing Home Rule Authority in Florida" (Published on March 22, 2021) to establish such an understanding.
Preemption: Trends, Research and Resources
According to research performed by the Local Solutions Support Center and the State Innovation Exchange, in the past, preemption was used to ensure uniform state regulation or to protect against conflicts between local governments. Traditional preemption emphasized balance between state and local levels of government. The research continues in citing Columbia Law School professor Richard Briffault, that current trends are representative of efforts to “clearly, intentionally, extensively and at times punitively, bar local efforts to address a host of local problems” additionally, the research also recognizes the trend of the use of preemption as a political tool of the nationwide anti-regulatory agenda or movement, as well as, national efforts to consolidate power at the state level and end local authority over a wide range of issues.
Below is a list of FAC recommended initial resources to assist our members in the development of their understanding of preemption and current trends regarding its use to limit local authority.