The Florida Legislature nearly passed a bill earlier this year that would have trespassed on local home rule while raising costs on local taxpayers. Thankfully, this misguided legislation died when the session ended.
But taxpayers need to stay on guard. Powerful forces supporting big utilities will surely make another run at passing this bill, threatening to reach deeper into local taxpayers’ pockets. Here’s how:
The proposal would hamper local governments’ ability to fulfill their obligations to citizens in the area of transportation projects. It would shift costs from utility customers to all local government taxpayers.
Local government controls public-utility easements and public rights-of-way, and private utilities gain access through “permissive use.” Generally, a utility is required to pay the costs to relocate its equipment whenever relocation is in the public interest. This proposal would stick taxpayers with the bill.
Supporters argue that the proposal doesn’t change laws; it just clarifies current practices.
Don’t believe it.
Supporters say local governments should use revenue from the communications-services tax to pay to relocate utility equipment. They fail to note that this funding is already a critical source of general revenue, which is used to pay for a variety of essential services such as police and fire.
Another argument supporters use is that the proposal would re-establish the reimbursement and fundamental property rights of utilities when a local government asks them to relocate infrastructure located in an easement.
It is important to remember that courts have firmly ruled public-utility easements are for the benefit of the public. This property is owned by the taxpayers and functions as public property for the use of utilities. That’s a fundamental point.
This can all mean higher taxes for you and me. Even though they would try to deny it and shift blame to local officials, supporters would be the ones guilty of raising people’s taxes.
This legislation is not needed. It wouldn’t help hard-working taxpayers, and it violates the principle of local government home rule. This idea deserves to remain dead — buried deeper than a utility pole.
Matt Surrency is mayor of Hawthorne and president of the Florida League of Cities.
