Bill Amendment: FL S0856 | 2023 | Regular Session

Florida Senate Bill 856 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: Amendments to Land Development Regulations

Status: 2023-05-05 - Died in Community Affairs, companion bill(s) passed, see CS/CS/SB 718 (Ch. 2023-305) [S0856 Detail]

Download: Florida-2023-S0856-Senate_Committee_Amendment_640988.html

       Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 856
       
       
       
       
       
       
                                Ì640988_Î640988                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Rodriguez) 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 is prohibited.
   10         (b) An initiative or referendum process in regard to any
   11  land development regulation is prohibited.
   12         (c)(b) An initiative or referendum process in regard to any
   13  local comprehensive plan amendment or map amendment is
   14  prohibited unless it is expressly authorized by specific
   15  language in a local government charter that was lawful and in
   16  effect on June 1, 2011. A general local government charter
   17  provision for an initiative or referendum process is not
   18  sufficient.
   19         (d)(c) It is the intent of the Legislature that an
   20  initiative or and referendum process be prohibited in regard to
   21  any development order or any land development regulation. It is
   22  the intent of the Legislature that an initiative or and
   23  referendum process be prohibited in regard to any local
   24  comprehensive plan amendment or map amendment, except as
   25  specifically and narrowly allowed by paragraph (c) (b).
   26  Therefore, the prohibition on any such initiative or and
   27  referendum stated in paragraphs (a) and (c) (b) is remedial in
   28  nature and applies retroactively to any initiative or referendum
   29  process commenced after June 1, 2011, and any such initiative or
   30  referendum process commenced or completed thereafter is deemed
   31  null and void and of no legal force and effect.
   32         Section 2. This act shall take effect July 1, 2023.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Delete everything before the enacting clause
   37  and insert:
   38                        A bill to be entitled                      
   39         An act relating to land development initiative and
   40         referendum processes; amending s. 163.3167, F.S.;
   41         prohibiting an initiative or referendum process in
   42         regard to any land development regulation; providing
   43         an effective date.