Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 537
       
       
       
       
       
       
                                Barcode 544058                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/24/2013 11:16 AM       .      05/02/2013 10:19 AM       
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       Senator Simpson moved 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  paragraph (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 paragraphs (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. Section 4 of chapter 2012-75, Laws of Florida,
   38  is repealed, retroactive to June 30, 2012.
   39         Section 3. This act shall take effect upon becoming a law.
   40  
   41  ================= T I T L E  A M E N D M E N T ================
   42         And the title is amended as follows:
   43         Delete everything before the enacting clause
   44  and insert:
   45                        A bill to be entitled                      
   46         An act relating to growth management; amending s.
   47         163.3167, F.S.; clarifying the prohibition on an
   48         initiative or referendum process in regard to
   49         development orders; clarifying the prohibition on an
   50         initiative or referendum process in regard to
   51         comprehensive plan amendments and map amendments;
   52         clarifying that the exception to the prohibition on an
   53         initiative or referendum process in regard to any
   54         local comprehensive plan amendment or map amendment is
   55         limited to a local government charter provision in
   56         effect on June 1, 2011, that specifically authorized
   57         an initiative or referendum process for local
   58         comprehensive plan or map amendments that affect more
   59         than five parcels of land; providing legislative
   60         intent; providing for retroactive application;
   61         providing for the retroactive repeal of s. 4 of
   62         chapter 2012-75, Laws of Florida, relating to a
   63         presumption regarding agricultural enclaves; providing
   64         an effective date.