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Key West Cruise Ship Ban May Be In Jeopardy.


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Key West’s recently enacted cruise ship ban may be in Jeopardy if Florida legislation passes. 

 

“Republican Sen. Jim Boyd from the state’s west coast on Jan. 5 had filed Senate Bill 426, . . . The bill, if passed, would void Key West’s voter-approved changes to the city charter requiring the city to significantly reduce the size and capacity of cruise ships that visit the island.”

 

The bills state, in part, “a local government may not restrict or regulate commerce in the seaports of this state … including, but not limited to, regulating or restricting a vessel’s type or size, source or type of cargo, or number, origin or nationality of passengers. All such matters are expressly preempted to the state. … Any provision of a county or municipal charter, ordinance, resolution, regulation, or policy that is preempted by this act and that existed before, on, or after the effective date of this act is void.”

 

There are matching bills in Florida’s House and Senate.  The bill becomes law if it passes both houses of the Florida legislature.

 

For more, go here: MATCHING BILLS IN FLA. HOUSE & SENATE WOULD KEEP CRUISE SHIPS IN KEY WEST - Florida Keys Weekly Newspapers

 

 

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47 minutes ago, Essiesmom said:

But if the piers are privately owned, they can just refuse to schedule large ships...  EM

That may be true, but why on earth would somebody want to own a pier and then deny money paying customers access to their product?  That just wouldn't make any sense.  I believe the current piers in KW are municipally operated, much like Port Everglades.  I think there is a new pier being constructed which will be under private ownership.

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It's hard to tell now whether the bill has any support. All we know is one state senator and one state house member, who sponsored the bills, support it. Does anyone else? Too soon to say. It's too early to get excited about or worry about, depending on your point of view.

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46 minutes ago, Daniel A said:

That may be true, but why on earth would somebody want to own a pier and then deny money paying customers access to their product?  That just wouldn't make any sense.  I believe the current piers in KW are municipally operated, much like Port Everglades.  I think there is a new pier being constructed which will be under private ownership.

One is owned by the Navy and leased to the city. One is owned by the city. One is owned by the state and leased to a private corporation. So the city could easily limit the ship traffic to the one pier, pier B.  Which is really what the law is focused on.  The owners of that company have been busy lobbying, as well as filing a legal case challenging the law.  

 

 

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1 hour ago, Daniel A said:

Key West’s recently enacted cruise ship ban may be in Jeopardy if Florida legislation passes. 

 

“Republican Sen. Jim Boyd from the state’s west coast on Jan. 5 had filed Senate Bill 426, . . . The bill, if passed, would void Key West’s voter-approved changes to the city charter requiring the city to significantly reduce the size and capacity of cruise ships that visit the island.”

 

The bills state, in part, “a local government may not restrict or regulate commerce in the seaports of this state … including, but not limited to, regulating or restricting a vessel’s type or size, source or type of cargo, or number, origin or nationality of passengers. All such matters are expressly preempted to the state. … Any provision of a county or municipal charter, ordinance, resolution, regulation, or policy that is preempted by this act and that existed before, on, or after the effective date of this act is void.”

 

There are matching bills in Florida’s House and Senate.  The bill becomes law if it passes both houses of the Florida legislature.

 

For more, go here: MATCHING BILLS IN FLA. HOUSE & SENATE WOULD KEEP CRUISE SHIPS IN KEY WEST - Florida Keys Weekly Newspapers

 

 

Shouldn't that be the bill becomes law if it passes both houses of the Florida legislature, AND THEN IS SIGNED BY THE GOVERNOR?

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I imagine the business owners are very much in favor of overturning the rule as it will certainly impact their bottom line.  I would believe that the employees of these businesses would also have an interest in the subject.  As for allowing only one ship in port at a time, imagine one of the gargantuan ships being that ship.  We will see if KW is open for cruise business or not.  

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24 minutes ago, ontheweb said:

Shouldn't that be the bill becomes law if it passes both houses of the Florida legislature, AND THEN IS SIGNED BY THE GOVERNOR?

One would ordinarily think so, in Florida, the bill does not require the signature of the governor.  If he signs it, it becomes law.  If he doesn't sign it and allows it to sit on his desk, it becomes law.  If he actively vetoes the bill then it goes back to both houses for a 2/3 override in each house.  In the Federal System and probably other states, when the chief executive (president or governor) allows the bill to sit on his desk without a signature, it becomes a 'pocket veto.'  Apparently under Florida's system the opposite happens and the unsigned bill becomes law.

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1 hour ago, Earthworm Jim said:

It's hard to tell now whether the bill has any support. All we know is one state senator and one state house member, who sponsored the bills, support it. Does anyone else? Too soon to say. It's too early to get excited about or worry about, depending on your point of view.

You're correct.  That's why I wrote "May Be In Jeopardy"  It's early, but it's a start.

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1 hour ago, voljeep said:

KW needs to be an overnight stop anyway ...

Overnight or late night departure would be nice but the locals won't allow a ship to block views of the sunset. Cruise visitors miss the daily sunset party. We've found that a few days in Key West makes a great post-cruise vacation extension.

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17 minutes ago, 1025cruise said:

I believe you meant to post this to the Key West Ports of call board.

No, I didn't.  When this ban happened there was a lot of discussion on the Princess Board because the ban would have blocked all Princess Vessels from calling on Key West.  I just wanted to update the Princess readers about the current status of the KW ban.  But, please, feel free to post it on the KW board as well.

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8 hours ago, Daniel A said:

No, I didn't.  When this ban happened there was a lot of discussion on the Princess Board because the ban would have blocked all Princess Vessels from calling on Key West.

 

I have never been on a Princess cruise that had Key West as a port of call.

 

I also do not remember ever seeing a Princess itinerary that included Key West, but I could have just not looked at the proper itineraries.

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14 hours ago, Daniel A said:

One would ordinarily think so, in Florida, the bill does not require the signature of the governor.  If he signs it, it becomes law.  If he doesn't sign it and allows it to sit on his desk, it becomes law.  If he actively vetoes the bill then it goes back to both houses for a 2/3 override in each house.  In the Federal System and probably other states, when the chief executive (president or governor) allows the bill to sit on his desk without a signature, it becomes a 'pocket veto.'  Apparently under Florida's system the opposite happens and the unsigned bill becomes law.

So how long after the legislature passes the bill does it become law as their must be some amount of time allotted for the Governor to consider a veto? 

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13 hours ago, Daniel A said:

You're correct.  That's why I wrote "May Be In Jeopardy"  It's early, but it's a start.

May implies permission, how about COULD BE in jeopardy? Or MIGHT BE in jeopardy?

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1 hour ago, ontheweb said:

So how long after the legislature passes the bill does it become law as their must be some amount of time allotted for the Governor to consider a veto? 

Now, you're really making me do some research.  😄  According to the Florida Constitution Article III Section 8:   "Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation."

 

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30 minutes ago, Daniel A said:

Now, you're really making me do some research.  😄  According to the Florida Constitution Article III Section 8:   "Every bill passed by the legislature shall be presented to the governor for approval and shall become a law if the governor approves and signs it, or fails to veto it within seven consecutive days after presentation."

 

Consecutive days, most things read business days. 

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18 hours ago, Daniel A said:

.... In the Federal System and probably other states, when the chief executive (president or governor) allows the bill to sit on his desk without a signature, it becomes a 'pocket veto.'  Apparently under Florida's system the opposite happens and the unsigned bill becomes law.

Not quite the whole story here. If the president 'pockets' a bill, it only dies after ten days if Congress is adjourned. If the Congress is in session, the bill becomes law after ten days.

 

https://www.senate.gov/reference/glossary_term/pocket_veto.htm

Edited by beg3yrs
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7 minutes ago, beg3yrs said:

Not quite the whole story here. If the president 'pockets' a bill, it only dies after ten days if Congress is adjourned. If the Congress is in session, the bill becomes law after ten days.

 

https://www.senate.gov/reference/glossary_term/pocket_veto.htm

Very interesting, I didn't know that part of it.  So the Feds are basically similar to Florida in this regard.  Thanks.

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  • 4 weeks later...
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On 1/25/2021 at 1:59 PM, Essiesmom said:

But if the piers are privately owned, they can just refuse to schedule large ships...  EM

Then the state should take the piers by eminent domain and keep them open, arguing the case for state commerce. Done. FYI I can't see the governor of Florida vetoing this, if it does come to his desk. If anything, I'd see him fully supporting this measure. 

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7 hours ago, DCGuy64 said:

Then the state should take the piers by eminent domain and keep them open, arguing the case for state commerce. Done. FYI I can't see the governor of Florida vetoing this, if it does come to his desk. If anything, I'd see him fully supporting this measure. 

Not in my world!  That sounds like something they would do in North Korea (where the State owns all the piers) or perhaps Venezuela.    But in your world the State could take anything...but then could the local government simply put up a  barricade at the end of the pier and charge a $500 per person admission fee?

 

I am a cruise lover (and have spent far more then 1000 days on cruises) and also a KW lover.  But in "my world" the folks that live in an area should have some say on issues that impact their city.  And in this case the locals have spoken.....and it was not even close.   

 

Hank

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