Saturday, November 2, 2013

For those of us who are slow learners...

Click here for the full text of HB 537 which was passed as state law and signed by Governor this year. This is the key part of the law which made March's election "null and void."
(c) It is the intent of the Legislature that initiative
44 and referendum be prohibited in regard to any development order.
45 It is the intent of the Legislature that initiative and
46 referendum be prohibited in regard to any local comprehensive
47 plan or map amendment, except as specifically and narrowly
48 permitted in paragraph (b) with regard to local comprehensive
49 plan or map amendments that affect more than five parcels of
50 land. Therefore, the prohibition on initiative and referendum
51 stated in paragraphs (a) and (b) is remedial in nature and
52 applies retroactively to any initiative or referendum process
53 commenced after June 1, 2011, and any such initiative or
54 referendum process that has been commenced or completed
55 thereafter is hereby deemed null and void and of no legal force
56 and effect. 
There are some in this community who think that since Charter amendments are not mentioned as being prohibited, that this somehow means that the City Commission can adopt the changes put forward by the proposed Charter amendment. What certain people fail to recognize is that we do not regulate the use of land through a Charter in the state of Florida. We regulate land via the comprehensive plan and the land development regulations. Putting this into full force and effect would require a change to the Comprehensive Plan, which is prohibited under this new state law. What is so difficult to understand about that?