Preemption – What Local Governments Can and Can’t Regulate
Diana Ferguson, Tallahassee
Stephanie Velo, Winter Park
Diana will give a brief history and explain how some overarching preemptions impact animal law and explain that all the animal welfare and cruelty work happens at the local government level. There’s not a statewide department dedicated to that work. So when that work is preempted, you’re basically ending the work in that area. She will also talk about the new preemption bill that recently passed – what local govts have to do to comply and the impacts. Biggest impact is on local ordinances prohibiting animal sales – they won’t be preempted but will be more onerous to accomplish and have increased likelihood of suit.
Stephanie will focus on attorney fees in pre-emption cases as well as some information about what cities can do, subjects that are not pre-empted by state statute.
Sponsored by the Animal Law Section