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  1. Hi there... Can you please quickly check to make sure your email address is up to date here? Just in case we need to reach out to you or you lose your password. Muchero thanks!

State Preemption

Discussion in 'Too Hot for Swamp Gas' started by tampagtr, Jun 4, 2023.

  1. tampagtr

    tampagtr VIP Member

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    NYT Op-Ed on it. Florida does not get as much mention as I would have expected, other than Reidel’s dad being quoted. I don’t know if other states are worse, but the Florida legislature loves to prohibit local rule despite state Constitution provisions to the contrary.

    Basically, cities cannot set their own standards. Some of it is culture wars, i.e. LGBTQ rights, but a lot is lobbies that want to override local zoning, permitting and related regulations.

    Either way, urban citizens are ruled by rural legislators.


     
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  2. gator_lawyer

    gator_lawyer VIP Member

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    It's really interesting how the Republican Party has basically forsaken much of what they used to claim they believed (small government, local control, fiscal responsibility, etc.).
     
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  3. tampagtr

    tampagtr VIP Member

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    It’s a different party. The liberty of the wolf, in Lincoln’s formulation
     
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  4. tampagtr

    tampagtr VIP Member

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    Todays Times Op-Ed


    Florida’s Republican-dominated Legislature can’t stop undermining home rule — the concept that the government closest to the people is generally the best government. It’s something Thomas Jefferson supported, as did most Republicans lawmakers in Tallahassee until the last decade or so. Now home rule is something too many of them pay lip service to while undermining it again and again.

    From tree ordinances to rent control to gun restrictions, the Legislature is making it harder for local governments to set their own rules and regulations. Lawmakers have overturned three citizen referendums in Key West that approved limiting the number of cruise ships and passengers in the city. They have stopped local laws on fertilizer use and single-use plastics in several cities and have targeted efforts anywhere to regulate guns. Now comes a new example, this one involving Pasco County.

    Pasco officials want to grow jobs in their own county. They are fighting home and apartment builders who are seeking to grab land that officials had already designated for business and industries. Unfortunately, the Legislature has made that much more difficult by preempting the county’s plans, siding instead with the powerful development interests that routinely contribute money to — you guessed it — Republican legislators.



    In Pasco, the problem is a new state law dubbed Live Local, which allows developers to convert land now zoned for commercial, industrial and mixed uses into apartments as long as 40% are designated for affordable housing. The law also offers developers generous property tax exemptions even as it forbids local governments from enacting any form of rent control. But Pasco already has plenty of housing and has been trying for years to shed its reputation as a bedroom community. Leaders there rightly worry about the growing strain on government services, including law enforcement and fire rescue. They want to ensure there is enough room to grow commercial and industrial businesses. Ironically, Pasco residents won’t be able to “Live Local” if they have to commute to other counties to find good jobs. Earlier this month, Pasco commissioners agreed that one of their top priorities in the next legislative session will be to secure an exemption from the Live Local law.



    A Times editorialPasco becomes the latest victim of Fla. lawmakers’ attack on local priorities
    A Times editorialPasco becomes the latest victim of Fla. lawmakers’ attack on local priorities - Tampa Bay Times

    For more great content like this subscribe to the Tampa Bay Times app here:
     
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  5. mutz87

    mutz87 p=.06

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    Exactly.

    Can the current pub party/rw said to stand for anything...well other than lust for power and trying to own the libs?

    No they cannot. Truth is that they're continuing their off the rails descent into a nihilistic abyss.
     
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  6. G8trGr8t

    G8trGr8t Premium Member

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    read up on the live local act
    commercially zoned property is automatically granted the right to the highest multifamily density in the muncipality and the highest height granted withn a mile of the site if they do 40% affordable housing. 5 acres commercial strip malls being converted to 100 unit apartments tight on commercial corridors that will end up being blighted little rat holes years out. No local control, lose any sort of architectural control or zoning authority. this has been signed into law and the process of building these rat traps has begun
     
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  7. tampagtr

    tampagtr VIP Member

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    Yea, zoning issues like that seem to be paradigmatic examples of where local authorities should control, other than vested rights, which can be enforced judicially
     
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  8. mutz87

    mutz87 p=.06

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    For the past year I've been following various yt channels on urban design and infrastructure. I've been heavily influenced by them but unfortunately it has made me remarkably sour re: how terribly designed US cities are--basically every one--in large part due to Post WWII zoning laws that...to use Joni Mitchell's famous lyric "paved paradise and put up a parking lot." Basically wastelands of "stroads" and parking lots that make it hard to undue the damage.
     
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  9. tampagtr

    tampagtr VIP Member

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    Have not reviewed the specific merits of this issue, but again Tallahassee overriding the system and local control

     
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  10. G8trGr8t

    G8trGr8t Premium Member

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    1 unit per 5 acres is not really development though. it serves as a buffer zone between more intense development within the urban development and the 1 per 20 acres that would be outside of the buffer zones. The development should be required to build the infrastructure and pay impact fees etc but I don't disagree with the change to the comp plan. Perhaps the commercial should ahve been excluded but that just takes trips off of the road and allows for internal capture. The history says that 1300 homes will not support such a general store though.
     
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  11. G8trGr8t

    G8trGr8t Premium Member

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    live local summary from a Lee County CAO. I know that Collier County has densities in excess of 80 units per acre for high rises. Unicorporated Lee COunty maxes out at 14 units per acre with much higher densities in the City of Ft Myers (high rises) and Bonita Springs (high rises)

    upload_2023-7-24_10-29-4.png
    upload_2023-7-24_10-29-36.png

    upload_2023-7-24_10-33-15.png '

    upload_2023-7-24_10-33-53.png
     
  12. GatorRade

    GatorRade Rad Scientist

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    Hey man, how long have you been here?? Hope everything is still going well.
     
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  13. phatGator

    phatGator GC Hall of Fame

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    Dayton, Ohio
    This morning I read an article which brought up an aspect of zoning laws I hadn’t thought of. Restrictions on multi-family structures affectively limits poor people, who are often minorities, from moving into “better” areas. In the article, he contrasts multiple pairs of cities in close proximity to each other.

    MSN

    In a new report for The Century Foundation, I contrast Scarsdale with another Westchester County suburb, Port Chester, which is just eight miles away but has remarkably different demographics. Scarsdale’s median household income, in excess of $250,000, is nearly three times that of Port Chester, as is the portion of residents with a college degree. And whereas three-quarters of Port Chester’s elementary students qualify for free or reduced-price meals at school, zero percent of Scarsdale’s students do. In Scarsdale, 87 percent of residents are non-Hispanic white or Asian American, whereas 69 percent of Port Chester residents are Black or Hispanic.

    On the overwhelming majority of Scarsdale’s land, building anything but a single-family home is illegal. According to data collected for the report by New York University’s Furman Center, just 0.2 percent of Scarsdale’s lots have structures classified as two- or three-family homes or apartments. Port Chester, by contrast, allows multifamily housing on about half its land. From 2014 to 2021, 41 percent of the new housing units authorized in Port Chester were for multifamily housing.

    Television cameras help depict the plight of immigrant families who are turned away at the border, but they don’t capture the way working-class families in places like Port Chester are shut out of higher-opportunity public schools in places like Scarsdale that prohibit the construction of the types of homes that less advantaged families could afford. … economic integration of schools has been found to be far more effective than a “separate but equal” compensatory-spending approach to equity.
     
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  14. G8trGr8t

    G8trGr8t Premium Member

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    school choice is a way for the judiciary to allow for options other than rezoning property or forced affordable housing.
     
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  15. mutz87

    mutz87 p=.06

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    A day. Don't know how long I'll stick around. :)

    Thanks. Hope all is well with you!

    All is pretty well. Health is much improved but it's a battle. Still have vision issues that cause me problems.
     
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  16. tampagtr

    tampagtr VIP Member

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    Now WaPo

    State lawmakers proposed nearly 700 bills this year to circumscribe what cities and counties can do, according to Katie Belanger, lead consultant for the Local Solutions Support Center, a national organization focused in part on ending the overreach it calls “abusive state preemption.”


    The group’s tracking mostly found “conservative state legislatures responding to or anticipating actions of progressive cities,” she said, with many bills designed to bolster state restrictions on police defunding, abortion, and LGBTQ and voting rights. As of mid-October, at least 92 had passed.



    Mississippi’s majority-White, GOP-controlled legislature created a separate state-run criminal justice system this spring solely for Jackson, which is more than 80 percent Black and led by Democrats. Proponents contended that the system, with judges appointed by the state’s chief justice, would make the capital city safer. People convicted of a misdemeanor like disturbing the peace could be sentenced to prison instead of county jail.

    “This is a way to make sure our communities are controlled, denying the power of Black voters to have self-determination, especially in the South and industrial Midwest,” he said. “It’s hurting us now and actively harming quality of life in our communities for those who can afford it the least.”


     
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