This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0041b.SAC
DATE: 3/21/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 41 Land Development Initiative and Referendum Processes
SPONSOR(S): Local Administration, Federal Affairs & Special Districts Subcommittee, Garcia
TIED BILLS: IDEN./SIM. BILLS: SB 856
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N, As CS Mwakyanjala Darden
2) State Affairs Committee Mwakyanjala Williamson
SUMMARY ANALYSIS
Every local government must plan for future development and growth by adopting, implementing, and
amending, as necessary, a comprehensive plan. Comprehensive plans are implemented through land
development regulations and elements. Each comprehensive plan contains elements that address future land
use, housing, transportation, infrastructure, coastal management, conservation, recreation and open space,
intergovernmental coordination, and capital improvements.
Comprehensive plans are implemented via land development regulations. Each county and municipality must
adopt and enforce land development regulations, such as zoning or other housing-related ordinances, that are
consistent with and implement their adopted comprehensive plan.
Current law prohibits an initiative or referendum process for any development order, as well as any local
comprehensive plan amendment or map amendment that was not expressly authorized by specific language in
a local government charter that was in effect on June 1, 2011.
The bill revises the current prohibition on initiative and referendum processes to prohibit those processes from
being used for any land development regulations.
The bill does not appear to have a fiscal impact on state government. To the extent local governments would
no longer need to conduct an election in response to a land development regulation, the bill would likely have a
positive fiscal impact.
STORAGE NAME: h0041b.SAC PAGE: 2
DATE: 3/21/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Comprehensive Plans
Each county and municipality is required to plan for future development and growth by adopting,
implementing, and amending as necessary a comprehensive plan.
1
All elements of a plan or plan
amendment must be based on relevant, appropriate data
2
and an analysis by the local government
may include surveys, studies, aspirational goals, and other data available at the time of adopting the
plan or amendment.
3
The data supporting a plan or amendment must be taken from professionally
accepted sources and must be based on permanent and seasonal population estimates and projections
published by the Office of Economic and Demographic Research or generated by the local government
based upon a professionally acceptable methodology.
4
In order to prepare and provide guidance for
future development and growth, local governments must maintain comprehensive plans and implement
these plans through adoption of appropriate land development regulations or other elements.
5
Comprehensive plans adopted by local governments provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area.
6
A key purpose of the plan is to establish meaningful and predictable
standards for the use and development of land.
Land Development Regulations
Comprehensive plans are implemented via land development regulations. Each county and
municipality must adopt and enforce land development regulations, such as zoning or other housing-
related ordinances, that are consistent with and implement their adopted comprehensive plan.
7
Local
governments are encouraged to use innovative land development regulations
8
and may adopt
measures for the purpose of increasing affordable housing using land-use mechanisms.
9
All local government land development regulations must be consistent with the local comprehensive
plan.
10
Additionally, all public and private development, including special district projects, must be
consistent with the local comprehensive plan.
11
However, plans cannot require any special district to
undertake a public facility project that would impair the district’s bond covenants or agreements.
12
Comprehensive Plans and Referendums
In 2006, the voters of the city of St. Pete Beach amended the city’s charter to require a referendum for
any future changes to the City’s comprehensive plan. These actions effectively stalled local
development and led to a series of litigation between the city and the proponents of the amendment to
the city’s charter.
13
At the time, state law only prohibited an initiative or referendum concerning a
1
Ss. 163.3167(2), 163.3177(2), F.S.
2
“To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that
particular subject at the time of adoption of the plan or plan amendment at issue.” S. 163.3177(1)(f), F.S.
3
S. 163.3177(1)(f), F.S.
4
S. 163.3177(1)(f).
5
S. 163.3167(1)(a-c) and (2), F.S.
6
S. 163.3177(1), F.S.
7
S. 163.3202, F.S.
8
S. 163.3202(3), F.S.
9
Ss. 125.01055 and 166.04151, F.S.
10
S. 163.3194(1)(b), F.S.
11
See ss. 163.3161(6) and 163.3194(1)(a), F.S.
12
S. 189.081(1), F.S.
13
Mike Vogel, Where Citizens Decide Growth Changes, Florida Trend, available at https://www.floridatrend.com/print/article/4365 (last
visited Feb. 13, 2023). STORAGE NAME: h0041b.SAC PAGE: 3
DATE: 3/21/2023
development order, comprehensive plan amendment, or map amendment that affected five or fewer
parcels of land.
14
The prohibition was revised in 2011 as part of the Community Planning Act to apply to
all initiatives and referenda concerning a development order, comprehensive plan amendment, or map
amendment.
15
This provision was further revised to allow an initiative and referendum process in regard
to any local comprehensive plan amendment or map amendment if it was expressly authorized by the
local government charter that was in effect on June 1, 2011.
16
There is currently no prohibition against the use of initiatives or the referendum process in regard to
land development regulations. Citizens within two cities, Venice
17
and Pinecrest,
18
have initiated the
referendum process in order to challenge land development regulations proposed by those
municipalities.
Effects of Proposed Changes
The bill revises the current prohibition on initiative and referendum processes to prohibit those
processes from being used for any land development regulations.
B. SECTION DIRECTORY:
Section 1: Amends s. 163.3167, F.S., to prohibit initiatives and referendum processes to any land
development regulations.
Section 2: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Local governments that would need to conduct elections in response to an initiative or referendum
regarding an amendment to a land development regulation would no longer need to do so. This
would reduce potential election costs for local governments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
14
S. 163.3167(12), F.S. (2006).
15
Ch. 2011-139, s. 7, Laws of Fla.
16
Chs. 2012-99, 2013-115, 2013-213, and 2014-178, Laws of Fla.
17
Earle Kimel, Venice residents get OK to start petition for referendum on development rules, Sarasota Herald-Tribune, available at
https://www.heraldtribune.com/story/news/politics/elections/2022/08/16/elections-2022-venice-residents-get-ok-start-petition-
referendum-development-rules/10326297002/ (last visited Feb. 13, 2023).
18
Tess Riski, Pinecrest touts its trees. But residents battle mayor over zoning changes, Miami Herald, available at
https://www.msn.com/en-us/news/us/pinecrest-touts-its-trees-but-residents-battle-mayor-over-zoning-changes/ar-AA167IdZ (last visited
Feb. 13, 2023). STORAGE NAME: h0041b.SAC PAGE: 4
DATE: 3/21/2023
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 10, 2023, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted a
strike-all amendment and reported the bill favorably as a committee substitute. The strike-all amendment
revised the prohibition on initiative or referendum processes to apply to any land development regulation.
This analysis is drafted to the committee substitute as passed by the Local Administration, Federal Affairs &
Special Districts Subcommittee.