Bill Amendment: FL H0537 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Growth Management
Status: 2013-06-06 - Chapter No. 2013-115, companion bill(s) passed, see CS/HB 7019 (Ch. 2013-213) [H0537 Detail]
Download: Florida-2013-H0537-Senate_Floor_Amendment_Delete_All_544058.html
Bill Title: Growth Management
Status: 2013-06-06 - Chapter No. 2013-115, companion bill(s) passed, see CS/HB 7019 (Ch. 2013-213) [H0537 Detail]
Download: Florida-2013-H0537-Senate_Floor_Amendment_Delete_All_544058.html
Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for HB 537 Barcode 544058 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: SENA1/C 04/24/2013 11:16 AM . 05/02/2013 10:19 AM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 orderor in regard to any local comprehensive plan10amendment or map amendmentis prohibited.However, any local11government charter provision that was in effect as of June 1,122011, for an initiative or referendum process in regard to13development orders or in regard to local comprehensive plan14amendments 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.