by Bradley Parsons
Staff Writer
Gov. Jeb Bush signed a transportation bill last week that strips the City of its authority to enforce local quality-of-life ordinances along state roads. Bush signed the bill over the written objection of Mayor John Peyton.
Peyton objected specifically to one paragraph in the 113-page bill. Section 59 invalidates county or municipal regulations’ jurisdiction over Florida Department of Transportation facilities on the state highway system.
In a July 11, letter, Peyton told the governor the provision was too broadly worded. He said the bill’s language could prevent the City from policing the effects of state road construction on the surrounding environment. The bill prevents the City from seeking State compensation for trees cut down and preempts neighborhood noise ordinances.
“Jacksonville has found a prior and continuing need to adopt reasonable regulations that will protect the well-being and quality of life of its citizens,” wrote Peyton. “Unfortunately, section 59 of this bill forces Jacksonville . . . to surrender their ability to meet the changing needs and demands of their citizens.”
Brad Thoburn, director of intergovernmental relations, said Bush’s signing effectively killed the City’s attempts to seek compensation for trees cut down along State roads. He said the section’s language could prompt legal action against the State.
“Any time you see legislation with language this broad there’s a possibility that somebody could challenge it,” said Thoburn.
The City will watch the legislature closely for signs of encroachment upon local regulations. If the legislation becomes a challenge to City ordinances, Thoburn said the City may be forced into a costly legal challenge.
“I’m certainly not saying the City wants to take this to court, but we have to defend our ordinances. Obviously, that’s not something we want to spend our money on,” said Thoburn.
The Florida League of Cities lobbied the legislature to adopt alternative language, which would have preempted local ordinances only when they drove up the cost of FDOT projects. Instead, the Senate passed and the governor signed more general language. Thoburn said the wording could have unintended consequences.
For instance, fundraising on streets requires City approval. However, the transportation bill could be interpreted to allow fundraising on State roads such as Beach Boulevard.
To keep control of road impact within the city, Peyton followed former mayor John Delaney’s example in writing to Bush. In addition to the voter-approved tree ordinance and noise ordinances, both letters warned that the bill would erode local enforcement of state-road advertising regulations, vending ordinances and litter control/illegal dumping ordinances.
The Jacksonville mayors joined a statewide protest against the bill. The Florida League of Cities warned that municipalities could lose control over wetlands along state roads and forfeit authority over cellular tower positions.
“The FDOT will have the authority to allow any activity on state right-of-ways,” said the FLC’s letter.
In response to his critics, Bush told Secretary of State Glenda Hood that lawsuits surrounding the enforcement of local ordinances had “delayed important transportation projects and cost taxpayers millions of dollars unnecessarily.”
He directed the FDOT to work with local governments.
“The issues will be satisfactorily resolved in the true spirit of state and local cooperation,” said Bush.