Legislative vs. quasi-judicial hearings: Why they are different

Often when it comes to matters of development before the Sarasota City Commission and Planning Commission, there are two types of hearings that follow very different procedures. Some are legislative in nature; others are quasi-judicial. The differences between the two — and why — can lead to some confusion among the general public.

Although not strictly related to approving or denying developments, that process provides clear examples and distinctions between the two. 

"When you're deciding on a legislative matter you are formulating policy. You’re making a policy decision,” said Sarasota City Attorney Robert Fournier. “When you have a quasi-judicial matter, you're applying policy that's already been formulated.”

Beyond comprehensive plan amendments, matters of policy that affect the public at large, for example, can include whether to place parking meters downtown. In February, the City Commission was required to hold a legislative public hearing to amend the city code to adopt the new city seal. 

In quasi-judicial proceedings that have a more localized impact than do legislative actions, the City Commission must follow stricter procedural requirements, similar to those in court proceedings. If the requirements are not followed, a court could invalidate the decision if challenged.

When it comes to the development approval process, a proposed project may require both legislative and quasi-judicial proceedings. Two recent high-profile examples are projects proposed for the former Sarasota Kennel Club and in The Quay.

On its way to the approval of an apartment complex at the kennel club site, the City Commission first had to undergo the legislative process to amend the city’s comprehensive plan to allow rezoning consideration of the site. It then underwent a quasi-judicial hearing to rezone the property and approve the site plan.

Months of effort by staff, the Planning Board and City Commission were for naught, however, as lawsuits brought by Sarasota-Bradenton International Airport delayed the close on the property by the developer — quasi-judicial decisions can be challenged in Circuit Court — eventually prompting the owner to terminate the sale of the property and request the rezoning be reversed.

Meanwhile, a series of delays have afflicted the proposed One Park project in The Quay, which had been undergoing a legislative hearing before the Planning Board. That was over a petition to amend the general development agreement, which would eventually go before the City Commission. If that were to be approved, One Park would move to a quasi-judicial hearing process for approval or denial of the site plan. 

“If it's a legislative matter, there's much broader latitude,” Fournier said. “The commissioners have to exercise their own legislative judgement representing the best interests of the citizens. They must ask themselves, is this in the best interest of the city? Is this in the best interest of the public? Is this good for the community?”

Unlike a legislative determination, a quasi-judicial decision can be challenged in court, but only on whether the outcome met the standards outlined in the city code, which is written by legislative action. Whether commissioners like the project is not a valid argument.

“You’re sitting in a quasi-judicial capacity, so that's why they have to act more like judges,” Fournier said. “That's part of the reason for the ex parte disclosures because the process includes the right of interested parties to know who the decision makers have communicated with, and if they want to pursue asking questions. And on appeal the Circuit Court is restricted to looking at three things: Did they follow the correct law? Did they apply the right criteria? Was there substantial, competent evidence to support the decision, meaning evidence to support that criteria was either satisfied or not satisfied?”

Another difference is how the hearings are held. Legislative hearings provide time for staff and petitioners to make their separate proposals, followed by public input when speakers have five minutes each to voice their opinions. That is followed by questioning the petitioners and staff by board members or commissioners, deliberation and final determination.

Quasi-judicial hearings are like mini trials, whereby a petitioner makes its proposal, a legally recognized opposing group may argue against, legally recognized affected parties have three minutes each to speak, cross-examination of witnesses is permitted and petitioners are given the opportunity for rebuttal before questioning by commissioners. All who speak are sworn in under oath. 

During a Circuit Court challenge, the judge will make a determination based on the record of the hearing. There is yet another challenge route, the Florida Division of Administrative Hearings, which may occur under limited circumstances. 

“There's a statute that that states if you approve a development that includes a rezoning or a site plan that is not consistent with the comprehensive plan, you can take that to Circuit Court,” Fournier said. "But if it's about the validity of the amendment to the comprehensive plan to begin with, that goes to (the Division of Administrative Hearings).”