Glossary
home rule
The authority of a city or county to govern its own local affairs without needing permission from the state for each decision. Home rule is what preemption removes.
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Why it matters in Florida
Florida grants broad home rule powers on paper, and then narrows them subject by subject through preemption bills. Reading the two terms together is the only way to see what local government can actually still do.
Florida example
The Municipal Home Rule Powers Act grants cities power over any subject the Legislature may act on, and then carves out anything expressly preempted to the state. The grant and the limit sit in the same sentence, which is why home rule and preemption have to be read together.
Citations
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Florida Constitution, Article VIII, Section 2(b), municipal powers
Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law.
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Florida Constitution, Article VIII, Section 1(f), non-charter county government
Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law.
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Florida Statutes section 166.021, Municipal Home Rule Powers Act
The legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: ... any subject expressly preempted to state or county government by the constitution or by general law. The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution.