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.