Archstone Palmetto Park, LLC v. Kennedy

132 So. 3d 347, 2014 WL 305086, 2014 Fla. App. LEXIS 1017
District Court of Appeal of Florida·Decided January 29, 2014·No. No. 4D12-4554·Published·Cited by 4 cases

Opinion

SCHIFF, LOUIS H., Associate Judge.

On occasion, the Legislature provides explicit guidance as to its intent and how a statute is to be applied for a specific case. This is one such instance. We reverse the declaratory judgment in favor of the appel-lees, which interpreted a 2012 amendment to section 163.3167(8), Florida Statutes, as requiring the City of Boca Raton to submit a development order to public referenda. Read properly, the 2012 amendment served to reaffirm the longstanding prohibition on referenda for development orders while grandfathering in specific charter provisions permitting referenda in place as of June 1, 2011.

Factual Background

In February 2012, the City of Boca Raton adopted Ordinance 5203, which amended a previously-approved development order by, among other things, setting additional development approval requirements for a four-acre parcel of land owned by appellant Archstone. Although Ordinance 5203 was styled as an amendment, the parties stipulated that it was a “local government development order.”

One month after the ordinance’s passage, the appellees, a group of Boca Raton residents, collectively filed a petition, pursuant to Section 6.02 of the City’s charter, seeking a citywide referendum to determine whether Ordinance 5203 should be repealed. Although not specifically addressing development orders, Section 6.021 conferred upon the City’s residents a general power of referendum with regard to the passage of city ordinances, providing as follows:

The qualified voters of the city shall have the power by petition to require reconsideration by the council of any adopted ordinance or resolution, and if council fails to repeal an ordinance or resolution, to approve or reject it at a city election ....

At the time the appellees initiated their petition, section 163.3167(8), Florida Statutes (2011) (“the 2011 Amendment”), barred referendum proceedings for all development orders. As became effective on April 6, 2012, however, the Legislature amended section 163.3167(8) (the “2012 Amendment”) to permit local governments to “retain[ ] and implement^ ]” charter provisions that were in effect as of June 1, 2011, and provided “for an initiative or referendum process in regard to development orders.” § 163.3167(8), Fla. Stat. (2012) (emphasis added).

Unsure of the 2012 Amendment’s impact, the City brought suit in the circuit court seeking a declaratory judgment to the effect that development orders, such as Ordinance 5203, were not statutorily subject to referendum. One week later, Arch-stone, as the owner of the parcel subject to Ordinance 5203, intervened in the action as a co-plaintiff. Through their pleadings, the appellants collectively argued the City [350] was powerless to process the appellees’ referendum petition since the 2012 Amendment’s “grandfather” clause applied only to a charter’s “express” referendum provision, and “the City has never had a referendum process that specifically applied to development orders.”

Following cross-motions for summary judgment, the trial court entered an order denying the appellants’ motions while granting that of the appellees. In its order, the trial court found that, through the passage of the 2012 Amendment, “the Legislature intended for the referendum process to be permitted for Development Orders, where ... the City Charter provided for this prior to June, 2011.” Accordingly, since Section 6.02’s general provision “for the referendum process on any Ordinances” impliedly included development orders, the trial court reasoned “the 2012 Amendment supported] the referendum process in th[e instant] case.”

To support its ruling, the trial court traced section 163.3167(8)’s legislative history, recognizing the 2012 Amendment was enacted to grandfather in previously permitted charter provisions rendered invalid under the 2011 Amendment’s blanket prohibition. Nevertheless, the trial court interpreted the statute’s inclusion of the phrase “development orders” to evidence the Legislature’s intent to expand the referendum process to all general charter provisions, such as Section 6.02, which inferentially, although not directly, apply to development orders. Additionally, given this expansive view, the trial court interpreted the 2012 Amendment as overruling this Court’s decision in Preserve Palm Beach Political Action Committee v. Town of Palm Beach, 50 So.3d 1176 (Fla. 4th DCA 2010), which questioned the efficacy of subjecting development orders to referendum.

The appellants challenge the trial court’s interpretation as contrary to the Legislature’s intent. Specifically, they argue the 2012 Amendment did nothing to disturb the previous bar on referendum for development orders, since its express purpose was to satisfy a contingent settlement agreement by grandfathering in a municipality’s limited charter provision. As an issue of statutory interpretation, our review is de novo. See Kephart v. Hadi, 932 So.2d 1086, 1089 (Fla.2006), cert. denied, 549 U.S. 1216, 127 S.Ct. 1268, 167 L.Ed.2d 92 (2007).

“Referendum is the right of the people to have an act passed by the legislative body submitted for their approval or rejection.” City of Coral Gables v. Carmichael, 256 So.2d 404, 411 (Fla. 3d DCA 1972) (quotation marks and citation omitted). In Florida, the availability of the referendum is constrained to those situations where “the people through their legislative bodies decide it should be used.” Fla. Land Co. v. City of Winter Springs, 427 So.2d 170, 172-73 (Fla.1983) (footnote omitted). In this regard, Article VI, section 5(a) of the Florida Constitution provides that “referenda shall be held as provided by law,” with the phrase “as provided by law” equating to “as passed ‘by an act of the legislature.’ ” Holzendorf v. Bell, 606 So.2d 645, 648 (Fla. 1st DCA 1992) (quoting Broward Cnty. v. Plantation Imports, Inc., 419 So.2d 1145, 1148 (Fla. 4th DCA 1982)); Grapeland Heights Civic Ass’n v. City of Miami, 267 So.2d 321, 324 (Fla.1972) (defining “law” as used in the Florida Constitution as “enacted] by the State Legislature”). Thus, as applied to this case, the appellees’ right to referendum is effectively tied to the reach of the 2012 Amendment.

Legislative History

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Archstone Palmetto Park, LLC v. Kennedy, 132 So. 3d 347, 2014 WL 305086, 2014 Fla. App. LEXIS 1017 (Fla. Ct. App. 2014).

132 So. 3d 347 (Archstone Palmetto Park, LLC v. Kennedy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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