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HB 41/SB 856 The "Protect Developers from Citizens" Bill

The one that prevents citizens from challenging development plans.


This is one of the bills that helped give this Legislative Session the name, "The Session of Sprawl." A gift to developers, this bill would prohibit any local initiatives or referendums on land development regulations.


That is, any local push by citizens to guide land development rules and regulations to would not be allowed. We as citizens would no longer be allowed to bring to a vote any changes to land use decisions as Florida continues to grow.


Local governments plan for future development and growth through comprehensive plans. Comprehensive plans are implemented through land development regulations. Current law already prohibits referendum process to be brought by citizens for comprehensive plan amendments. This bill goes even further to prohibit those processes from being used for any land development regulations. There are two cities currently mobilizing to challenge land development regulations, this bill would end those initiatives.

 

What it says

Land Development Initiative and Referendum Processes; Prohibits initiative or referendum process in regard to any land development regulation.

The bill states: An initiative or referendum process in regard to any land development regulation is prohibited.


HB 41 introduced by Representative Alina Garcia: https://www.flsenate.gov/Session/Bill/2023/41

SB 856 introduced by Senator Ana Rodriguez: https://www.flsenate.gov/Session/Bill/2023/856

 

Our Take

What happens to land happens to Florida's water. This bill removes citizens' ability to help shape those decisions. It is another gift to developers and removes another guardrail to protect land and water.


 

Tracking HB 41/ SB 856


• Referred to Local Administration, Federal Affairs & Special Districts Subcommittee - reported favorably

• Referred to Infrastructure Strategies Committee - removed

• Referred to State Affairs Committee - added to agenda 3/21

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