Florida Senate - 2013 CS for SB 528
By the Committee on Community Affairs; and Senator Simpson
578-02027-13 2013528c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3167, F.S.; clarifying the prohibition on an
4 initiative or referendum process in regard to
5 development orders; clarifying the prohibition on an
6 initiative or referendum process in regard to
7 comprehensive plan amendments and map amendments;
8 clarifying that the exception to the prohibition on an
9 initiative or referendum process in regard to any
10 local comprehensive plan amendment or map amendment is
11 limited to a local government charter provision in
12 effect on June 1, 2011, that specifically authorized
13 an initiative or referendum process for local
14 comprehensive plan or map amendments that affect more
15 than five parcels of land; providing legislative
16 intent; providing for retroactive application;
17 providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (8) of section 163.3167, Florida
22 Statutes, is amended to read:
23 163.3167 Scope of act.—
24 (8)(a) An initiative or referendum process in regard to any
25 development order or in regard to any local comprehensive plan
26 amendment or map amendment is prohibited. However, any local
27 government charter provision that was in effect as of June 1,
28 2011, for an initiative or referendum process in regard to
29 development orders or in regard to local comprehensive plan
30 amendments or map amendments may be retained and implemented.
31 (b) An initiative or referendum process in regard to any
32 local comprehensive plan amendment or map amendment is
33 prohibited. However, an initiative or referendum process in
34 regard to any local comprehensive plan amendment or map
35 amendment that affects more than five parcels of land is allowed
36 if it is expressly authorized by specific language in a local
37 government charter that was lawful and in effect on June 1,
38 2011; a general local government charter provision for an
39 initiative or referendum process is not sufficient.
40 (c) It is the intent of the Legislature that initiative and
41 referendum be prohibited in regard to any development order. It
42 is the intent of the Legislature that initiative and referendum
43 be prohibited in regard to any local comprehensive plan or map
44 amendment, except as specifically and narrowly permitted in
45 subsection (b) with regard to local comprehensive plan or map
46 amendments that affect more than five parcels of land.
47 Therefore, the prohibition on initiative and referendum stated
48 in subsections (a) and (b) is remedial in nature and applies
49 retroactively to any initiative or referendum process commenced
50 after June 1, 2011, and any such initiative or referendum
51 process that has been commenced or completed thereafter is
52 hereby deemed null and void and of no legal force and effect.
53 Section 2. This act shall take effect upon becoming a law.