Florida 2023 2023 Regular Session

Florida House Bill H0041 Introduced / Bill

Filed 12/14/2022

                       
 
HB 41  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0041-00 
Page 1 of 2 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to land development initiative and 2 
referendum processes; amending s. 163.3167, F.S.; 3 
revising the restrictions on initiative and referendum 4 
processes; providing an effective date. 5 
 6 
Be It Enacted by the Legislature of the State of Florida: 7 
 8 
 Section 1.  Subsection (8) of section 163.3167, Florida 9 
Statutes, is amended to read: 10 
 163.3167  Scope of act. — 11 
 (8)(a)  An initiative or referendum process in regard to 12 
any development order or any amendment to the land development 13 
regulations is prohibited. 14 
 (b)  An initiative or referendum process in regard to any 15 
local comprehensive plan amendment or map amendment is 16 
prohibited unless it is express ly authorized by specific 17 
language in a local government charter that was lawful and in 18 
effect on June 1, 2011. A general local government charter 19 
provision for an initiative or referendum process is not 20 
sufficient. 21 
 (c)  It is the intent of the Legislatur e that initiative 22 
and referendum be prohibited in regard to any development order 23 
or any amendment to the land development regulations . It is the 24 
intent of the Legislature that initiative and referendum be 25     
 
HB 41  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0041-00 
Page 2 of 2 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
prohibited in regard to any local comprehensive pl an amendment 26 
or map amendment, except as specifically and narrowly allowed by 27 
paragraph (b). Therefore, the prohibition on initiative and 28 
referendum stated in paragraphs (a) and (b) is remedial in 29 
nature and applies retroactively to any initiative or refer endum 30 
process commenced after June 1, 2011, and any such initiative or 31 
referendum process commenced or completed thereafter is deemed 32 
null and void and of no legal force and effect. 33 
 Section 2.  This act shall take effect July 1, 2023. 34