Florida Senate - 2013                       CS for CS for SB 528
       
       
       
       By the Committees on Rules; and Community Affairs; and Senator
       Simpson
       
       
       
       595-04600-13                                           2013528c2
    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 for the retroactive repeal of s. 4 of
   18         chapter 2012-75, Laws of Florida, relating to a
   19         presumption regarding agricultural enclaves; providing
   20         an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (8) of section 163.3167, Florida
   25  Statutes, is amended to read:
   26         163.3167 Scope of act.—
   27         (8)(a) An initiative or referendum process in regard to any
   28  development order or in regard to any local comprehensive plan
   29  amendment or map amendment is prohibited. However, any local
   30  government charter provision that was in effect as of June 1,
   31  2011, for an initiative or referendum process in regard to
   32  development orders or in regard to local comprehensive plan
   33  amendments or map amendments may be retained and implemented.
   34         (b) An initiative or referendum process in regard to any
   35  local comprehensive plan amendment or map amendment is
   36  prohibited. However, an initiative or referendum process in
   37  regard to any local comprehensive plan amendment or map
   38  amendment that affects more than five parcels of land is allowed
   39  if it is expressly authorized by specific language in a local
   40  government charter that was lawful and in effect on June 1,
   41  2011; a general local government charter provision for an
   42  initiative or referendum process is not sufficient.
   43         (c) It is the intent of the Legislature that initiative and
   44  referendum be prohibited in regard to any development order. It
   45  is the intent of the Legislature that initiative and referendum
   46  be prohibited in regard to any local comprehensive plan or map
   47  amendment, except as specifically and narrowly permitted in
   48  subsection (b) with regard to local comprehensive plan or map
   49  amendments that affect more than five parcels of land.
   50  Therefore, the prohibition on initiative and referendum stated
   51  in subsections (a) and (b) is remedial in nature and applies
   52  retroactively to any initiative or referendum process commenced
   53  after June 1, 2011, and any such initiative or referendum
   54  process that has been commenced or completed thereafter is
   55  hereby deemed null and void and of no legal force and effect.
   56         Section 2. Section 4 of chapter 2012-75, Laws of Florida,
   57  is repealed, retroactive to June 30, 2012.
   58         Section 3. This act shall take effect upon becoming a law.