CS/CS/HB 41 2023
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hb0041-02-c2
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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
prohibiting an initiative or referendum process in 4
regard to any land development regulation; providing 5
an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Subsection (8) of section 163.3167, Florida 10
Statutes, is amended to read: 11
163.3167 Scope of act. — 12
(8)(a) An initiative or referendum process in regard to 13
any development order is prohibited. 14
(b) An initiative or referendum process in regard to any 15
land development regulation is prohibited. 16
(c)(b) An initiative or referendum process in regard to 17
any local comprehensive plan amendment or map amendment is 18
prohibited unless it is expressly authorized by specific 19
language in a local government charter that was lawful and in 20
effect on June 1, 2011. A general local government charter 21
provision for an initiati ve or referendum process is not 22
sufficient. 23
(d)(c) It is the intent of the Legislature that initiative 24
and referendum be prohibited in regard to any development order 25
CS/CS/HB 41 2023
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hb0041-02-c2
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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
or any land development regulation . It is the intent of the 26
Legislature that initiative and referendum be prohibited in 27
regard to any local comprehensive plan amendment or map 28
amendment, except as specifically and narrowly allowed by 29
paragraph (c) (b). Therefore, the prohibition on initiative and 30
referendum stated in paragraphs (a) and (c) (b) is remedial in 31
nature and applies retroactively to any initiative or referendum 32
process commenced after June 1, 2011, and any such initiative or 33
referendum process commenced or completed thereafter is deemed 34
null and void and of no legal force and effec t. 35
Section 2. This act shall take effect July 1, 2023. 36