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 orderor in regard to any local comprehensive plan26amendment or map amendmentis prohibited.However, any local27government charter provision that was in effect as of June 1,282011, for an initiative or referendum process in regard to29development orders or in regard to local comprehensive plan30amendments 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.