This article appeared on the Center for Earth Jurisprudence’s website on February 11th, 2019.
Change can bring with it a corresponding resistance. The legal recognition of the rights of Nature has spread throughout the world’s property-based systems of governance in recent years, prompting significant backlash along the way. Currently in Florida, local groups are seeking to have the legal rights of Nature recognized in their charters and ordinances. In response to these efforts, the Florida legislature currently has two Right of Nature Bans working their way through to the floor. This is an effort on behalf of the state to preempt the home rule of the local government, a tactic that has been used before.
According to the Florida Bar, Florida’s state preemption “precludes a local government from exercising authority in a particular area and involves inconsistency with the state constitution or state statute.” This can be either express or implied. When there is no constitutional prohibition of a particular action, Florida has a history of state preemption of local governments. In 2019, at least 18 preemption bills were proposed. In 2011, the state legislature adoptive Florida Statutes section 790.33(1) which provides:
“Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition…to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances, rules, or regulations are hereby declared null and void.”
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