Bill Summary – FastDemocracy

HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/CS/HB 41 Land Development Initiative and Referendum Processes
SPONSOR(S): State Affairs Committee, 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          16 Y, 0 N, As CS        Mwakyanjala        Darden
       Districts Subcommittee
    2) State Affairs Committee                                  16 Y, 3 N, As CS        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.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0041c.SAC
DATE: 3/23/2023
                                                        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 data2 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 o n 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: h0041c.SAC                                                                                                       PAGE: 2
DATE: 3/23/2023
        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 b attle 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: h0041c.SAC                                                                                                    PAGE: 3
DATE: 3/23/2023
   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.
On March 23, 2023, the State Affairs Committee adopted one amendment and reported the bill favorably as a
committee substitute. The committee substitute corrects a cross-reference.
This analysis is drafted to the committee substitute as passed by the State Affairs Committee.
STORAGE NAME: h0041c.SAC                                                                                  PAGE: 4
DATE: 3/23/2023
Statutes affected: 
H 41 Filed: 163.3167
H 41 c1: 163.3167
H 41 c2: 163.3167