TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Regarding Quasi-Judicial Proceedings; Amending the Code of the City of North Port, Florida, Section 2-79 through 2-84; Providing for Conflicts, Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance No. 2025-29 on first reading and continue to second reading on September 23, 2025.
City Commission Options
Option 1: Approve Ordinance No. 2025-29 on first reading and continue to second reading on September 23, 2025.
• Pros: The amendments promote efficiency and consistency in City proceedings per the City Commission’s Strategic Plan under the Good Governance Pillar, and:
o Align the regulations with updated case law to reduce legal exposure reflecting sound stewardship of public resources.
o Protect due process rights while maintaining consistency with applicable statutory provisions and established case law regarding standing in quasi-judicial proceedings.
o Streamline administrative review processes and clarify that only individuals or entities with a legally recognizable interest may obtain party status in quasi-judicial matters.
o Balance the rights of applicants, affected parties, and the general public in accordance with Florida law and constitutional principles.
• Cons: If the City Commission determines a person requesting aggrieved or adversely affected party status does not have standing, the requestor may be disgruntled.
Option 2: Deny Ordinance No. 2025-29.
• Pros: Retains the current regulations wherein aggrieved or adversely affected party standing is rarely, if ever, challenged, thereby avoiding disgruntlement.
• Cons: The following disadvantages are associated with denial of the ordinance:
o Avoids the direct review and determination of standing which may impact the City’s arguments in any potential legal challenges after quasi-judicial proceedings. If aggrieved or adversely affected party standing is not determined in the affirmative in the record at the quasi-judicial hearing, in the event that requestor later petitions the court for first-tier certiorari relief it must be dismissed.
o Although the current regulations provide for a quasi-judicial hearing for first reading and a regular public hearing for second reading, the regulations do not provide due process for parties of the proceeding so in practicality, hearings have not been conducted in this manner. Continuing to conduct two quasi-judicial hearings regardless of whether new evidence is available to present at second reading unnecessarily lengthens the hearing process making it burdensome and inefficient.
Background Information
The City Code Quasi-Judicial Proceedings section requires updating to be consistent with the Good Governance Pillar of the City Commission’s Strategic Plan and updated case law to reduce legal exposure.
Approval of Ordinance No. 2025-29 will amend City Code Sec. 2-79 through 2-84 as follows:
• Clarifies definitions;
• Clarifies the aggrieved or adversely affected party status request process;
• Requires the quasi-judicial body to determine standing of persons requesting status to intervene;
• Modifies the quasi-judicial proceedings to include determination of standing for aggrieved or adversely affected party status requests after the introduction of the case;
• Provides that, when a quasi-judicial proceeding is approved by ordinance and the City Commission approves the ordinance on first reading, that the second reading will be procedural only unless a party notifies the city clerk that they have new factual evidence that was not provided at first reading;
• Includes a notification process in the event there is new factual evidence for second reading (it will be quasi-judicial) and a re-noticing process if all parties do not confirm attendance or waive their participation in the proceedings.
The City Attorney’s Office has reviewed Ordinance No. 2025-29 for form and correctness.
Strategic Plan Pillar
Good Governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2025-29
Prepared by: Lori Barnes, AICP, CPM, Deputy Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department