Florida Senate - 2013                                     SB 528
       
       
       
       By Senator Simpson
       
       
       
       
       18-00285A-13                                           2013528__
    1                        A bill to be entitled                      
    2         An act relating to the Community Planning Act;
    3         amending s. 163.3167, F.S.; authorizing a local
    4         government to retain an existing initiative or
    5         referendum process relating to a local comprehensive
    6         plan amendment or map amendment in certain
    7         circumstances; providing legislative intent; providing
    8         for retroactive application; providing an effective
    9         date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (8) of section 163.3167, Florida
   14  Statutes, is amended to read:
   15         163.3167 Scope of act.—
   16         (8) An initiative or referendum process relating to a in
   17  regard to any development order or a in regard to any local
   18  comprehensive plan amendment or map amendment is prohibited.
   19  However, an initiative or referendum process relating to a local
   20  comprehensive plan amendment or map amendment is allowed if it
   21  was in effect before June 2, 2011, affects six or more parcels
   22  of land, and is expressly authorized by specific language in a
   23  local government charter any local government charter provision
   24  that was in effect as of June 1, 2011, for an initiative or
   25  referendum process in regard to development orders or in regard
   26  to local comprehensive plan amendments or map amendments may be
   27  retained and implemented.
   28         Section 2. The Legislature intended that s. 7, chapter
   29  2011-139, Laws of Florida, apply only to a local government
   30  charter provision created on or after its effective date, not to
   31  a provision created before the effective date. In enacting s. 1,
   32  chapter 2012-99, Laws of Florida, the Legislature intended to
   33  clarify s. 7, chapter 2011-139, Laws of Florida, by
   34  grandfathering applicable charter provisions created before June
   35  2, 2011. The amendment to s. 163.3167, Florida Statutes, made by
   36  this act is intended to clarify s. 1, chapter 2012-99, Laws of
   37  Florida, is remedial in nature, and applies retroactively to
   38  June 2, 2011. Any initiative or referendum process contrary to
   39  this section is void and of no legal effect.
   40         Section 3. Except as otherwise expressly provided in
   41  section 2., this act shall take effect upon becoming a law.