Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 528
Barcode 931816
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/07/2013 .
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The Committee on Community Affairs (Simpson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) of section 163.3167, Florida
6 Statutes, is amended to read:
7 163.3167 Scope of act.—
8 (8)(a) An initiative or referendum process in regard to any
9 development order or in regard to any local comprehensive plan
10 amendment or map amendment is prohibited. However, any local
11 government charter provision that was in effect as of June 1,
12 2011, for an initiative or referendum process in regard to
13 development orders or in regard to local comprehensive plan
14 amendments or map amendments may be retained and implemented.
15 (b) An initiative or referendum process in regard to any
16 local comprehensive plan amendment or map amendment is
17 prohibited. However, an initiative or referendum process in
18 regard to any local comprehensive plan amendment or map
19 amendment that affects more than five parcels of land is allowed
20 if it is expressly authorized by specific language in a local
21 government charter that was lawful and in effect on June 1,
22 2011; a general local government charter provision for an
23 initiative or referendum process is not sufficient.
24 (c) It is the intent of the Legislature that initiative and
25 referendum be prohibited in regard to any development order. It
26 is the intent of the Legislature that initiative and referendum
27 be prohibited in regard to any local comprehensive plan or map
28 amendment, except as specifically and narrowly permitted in
29 subsection (b) with regard to local comprehensive plan or map
30 amendments that affect more than five parcels of land.
31 Therefore, the prohibition on initiative and referendum stated
32 in subsections (a) and (b) is remedial in nature and applies
33 retroactively to any initiative or referendum process commenced
34 after June 1, 2011, and any such initiative or referendum
35 process that has been commenced or completed thereafter is
36 hereby deemed null and void and of no legal force and effect.
37 Section 2. This act shall take effect upon becoming a law.
38
39
40 ================= T I T L E A M E N D M E N T ================
41 And the title is amended as follows:
42 Delete everything before the enacting clause
43 and insert:
44 A bill to be entitled
45 An act relating to growth management; amending s. 163.3167,
46 F.S.; clarifying the prohibition on an initiative or referendum
47 process in regard to development orders; clarifying the
48 prohibition on an initiative or referendum process in regard to
49 comprehensive plan amendments and map amendments; clarifying
50 that the exception to the prohibition on an initiative or
51 referendum process in regard to any local comprehensive plan
52 amendment or map amendment is limited to a local government
53 charter provision in effect on June 1, 2011, that specifically
54 authorized an initiative or referendum process for local
55 comprehensive plan or map amendments that affect more than five
56 parcels of land; providing legislative intent; providing for
57 retroactive application; providing an effective date.