132 So. 3d 347
Fla. Dist. Ct. App.2014Background
- In 2012 Boca Raton adopted Ordinance 5203, a local development order applying to a four‑acre parcel owned by Archstone.
- Residents filed a citywide petition under the city charter seeking a referendum to repeal Ordinance 5203.
- At that time, the statute 163.3167(8) (2011) barred referenda for development orders.
- The 2012 Amendment amended 163.3167(8) to grandfather charter provisions in effect as of June 1, 2011 that allowed initiative or referendum on development orders.
- The City sought declaratory relief that development orders were not subject to referendum; Archstone intervened as plaintiff.
- The trial court held the 2012 Amendment permitted referenda for development orders where a pre‑June 2011 charter authorized them, and effectively overruled Palm Beach precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the 2012 Amendment grandfather pre‑June 2011 charter referenda for development orders? | Archstone argues 2012 Amendment meant to expand referenda beyond preexisting charter authorization. | City contends 2012 Amendment preserves only those charter provisions in effect on June 1, 2011. | No; 2012 Amendment preserves only specific pre‑June 2011 charter provisions. |
| Whether the 2013 amendment further restricted referenda on development orders retroactively. | Plaintiffs rely on the broader reading of referenda to apply to development orders. | Defendants argue 2013 amendment codifies the prohibition and clarifies retroactivity. | Yes; 2013 amendment reinforces prohibition and retroactivity. |
| What is the proper interpretive approach to §163.3167(8) given its history? | The history supports expanding referenda through general charter provisions. | The history shows intent to restrict referenda to preexisting authorized charters only. | The history supports limiting referenda to preexisting authorized charter provisions only. |
Key Cases Cited
- Preserve Palm Beach Political Action Committee v. Town of Palm Beach, 50 So.3d 1176 (Fla. 4th DCA 2010) (development orders subject to referendum restrictions)
- City of Coral Gables v. Carmichael, 256 So.2d 404 (Fla. 3d DCA 1972) (referendum power constrained to lawful acts)
- Holzendorf v. Bell, 606 So.2d 645 (Fla. 1st DCA 1992) (referenda held as provided by law)
- Grapeland Heights Civic Ass’n v. City of Miami, 267 So.2d 321 (Fla. 1972) (definition of law as enacted by Legislature)
- Beyel Bros. Crane & Rigging Co. of S. Fla., Inc. v. Ace Transp., Inc., 664 So.2d 62 (Fla. 4th DCA 1995) (statutory interpretation rules)