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.