Small scale plan amendments: legislative or quasi-judicial in nature?

• Author: Wetherell, Kent
• Position: Standard of review regarding local government plan decisions - Florida

Grondin and Fleeman attempt to settle the issue left open in Yusem by establishing a brightline rule for the appropriate standard of review.

In 1997, the Florida Supreme Court decided Martin County v. Yusem, 690 So. 2d 1288 (Fla. 1997), which clarified the standard of review to be applied by courts when reviewing the local government's decision on an amendment to the local comprehensive plan. The court held that the local government's decision on a plan amendment is legislative in nature rather than quasi-judicial and, therefore, the deferential "fairly debatable" standard of review applies.[1] However, the court suggested in a footnote that its holding may not apply in cases involving small scale plan amendments.[2]

Two recent decisions, one from a circuit court and one from the Fifth District Court of Appeal, have reached conflicting holdings as to the appropriate standard of review for small scale plan amendments. In Grondin v. City of Lake Wales, 5 Fla. L. Weekly Supp. 727 (Fla. 10th Cir. June 25, 1998), the Circuit Court for the 10th Judicial Circuit held that small scale plan amendments are quasi-judicial in nature and, therefore, subject to the "strict scrutiny" standard of review. In Fleeman v. City of St. Augustine Beach, 24 Fla. L. Weekly D58 (Fla. 5th DCA Dec. 18, 1998), the Fifth District Court of Appeal held that small scale plan amendments are legislative in nature and, therefore, subject to the "fairly debatable" standard of review.

Background

* Martin County v. Yusem

Yusem has its roots in the Florida Supreme Court's 1993 decision in Board of County Commissioners of Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993). In that case, the court held that site-specific rezoning decisions constitute the application of policy rather than the formulation of policy and, therefore, are quasi-judicial in nature and subject to "strict scrutiny" review. In the aftermath of Snyder, the district courts applied a fact-based functional analysis in determining whether the adoption of an amendment to the local comprehensive plan was legislative or quasi-judicial nature.[3] The functional analysis utilized by the district courts focused on factors such as the size and location of the property subject to the plan amendment, and failed to provide any significant guidance to landowners or local governments.

The Florida Supreme Court rejected the functional analysis used by the district courts and held in Yusem that"all comprehensive plan amendments are legislative decisions subject to the fairly debatable standard of review."[4] The court's decision was based primarily on its finding that "amendments to a comprehensive plan, like the adoption of the plan itself, result in the formulation of policy."[5] The court also reasoned that the state-level review of plan amendments for consistency with F.S. Ch. 163 is "evidence that when a local government is amending its comprehensive plan, it is engaging in a policy decision."[6] Finally, the court reasoned that the fairly debatable standard of review also applies to the determination of the Department of Community Affairs that the plan amendment is "in compliance" or not "in compliance" with F.S. Ch. 163.[7]

* Small Scale Plan Amendments--F.S. [subsections] 163.3187(1)(c) and (3)

F.S. [sections] 163.3187(1)(c) provides that plan amendments "directly related to proposed small scale development activities" are exempt from the twice-per-year limitation on the adoption of amendments to the local comprehensive plan.[8] To qualify under this paragraph, the amendment must involve less than 10 acres of property,[9] must not amend the text of the plan,[10] and must meet other statutory criteria.[11]

The Department of Community Affairs (DCA) does not review small scale plan amendments to determine whether the amendment is "in compliance" with F.S. Ch. 163.[12] However, any affected person may seek administrative review of a small...