- November 26, 2024
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Volusia County is keeping an eye on a recently filed Florida Senate Bill that would require "local governments to seek to minimize or eliminate the potential negative impacts of a local government action" regarding specific sectors of the economy: farming, energy, fuel production and supply chain points of connection, such as ports, railways and rail stations.
"Obviously, the intent of this bill is to limit local government authority," Volusia County Attorney Mike Dyer said at the Jan. 16 County Council meeting. "I know oftentimes, we use the phrase 'preemption.' It's a form of preemption because it's regulating a subject that is currently not regulated in this way."
SB 1628 was filed by Republican Sen. Jay Collins on Jan. 5. The bill, if passed, would create a new "impact review" process where local government actions would be examined by the Florida Department of Agriculture or the Florida Department of Transportation at an "affected entity's" written request, made within 15 days after the enactment or adoption of resolutions, ordinances, zoning or land use changes.
"If the department determines in the impact review that the local government failed to minimize or eliminate the negative impacts to the identified sector, the department may recommend in the impact review changes to the local government action which may minimize or eliminate the negative impacts," the bill states.
Then, at the next scheduled or special meeting by the governmental body, its members are required to discuss a response to the review and whether "revisions to the proposed local government action are appropriate," the bill states.
"We're doing our best to try and keep pace with the legislation that's filed," Dyer said. "This is the time of year of notice. The bills just keep coming."
