Complaint W - Exhibits - Filed

Case 4:22-cv-00061-AW-MAF Document 1 Filed 02/07/22 Page 1 of 44
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
)
CITY WALK - URBAN MISSION INC., )
RENEE MILLER, and ANTHONY MILLER, )
) CASE NO.:
Plaintiffs, )
)
vs. )
)
CITY OF TALLAHASSEE, )
)
Defendant. )
/
COMPLAINT FOR DECLARATORY JUDGMENT, PERMANENT

INJUNCTION AND DAMAGES
Plaintiffs bring this suit pursuant to 42 U.S.C. §1983, seeking declaratory, injunctive and
other relief against §§2-138, 9-155, and 10-417 of the Tallahassee Land Development Code, and
Article IX of the Bylaws of the Tallahassee-Leon County Planning Commission, together with
certain policies and practices of the City of Tallahassee. Plaintiffs seek a declaratory judgment
declaring such ordinances, policies and practices to be unconstitutional under the First and
Fourteenth Amendments to the United States Constitution. Plaintiffs further seek issuance of an
injunction against those unconstitutional ordinances, practices and policies. Plaintiffs also
demand damages against the Defendant for losses occasioned by the unconstitutional application
of the City’s laws and policies against the Plaintiffs.
JURISDICTION
1. This suit is brought pursuant to 42 U.S.C. §1983:
Every person who, under color of any statute, ordinance, regulation, custom, or
usage, of any State or Territory or the District of Columbia, subjects, or causes to
be subjected, any citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an
action at law, suit in equity, or other proper proceeding for redress...
2. This Court has “Federal Question” jurisdiction pursuant to 28 U.S.C. §1331 to
hear cases arising under the Constitution of the United States, under 28 U.S.C. §1343(3) to
redress the deprivation under color of state law of any right, privilege or immunity secured by
the Constitution, and under 28 U.S.C. §1343(4) to secure equitable or other relief for the
protection of civil rights.
3. The Court has the authority to issue declaratory judgments and permanent
injunctions pursuant to 28 U.S.C. §§2201 and 2202, and Rule 65, Fed.R.Civ.P.
4. The Court may enter an award of attorney’s fees pursuant to 42 U.S.C. §1988.
5. This Complaint seeks declaratory and injunctive relief to prevent violations of the
Plaintiffs’ rights, privileges and immunities under the Constitution of the United States and Title
42 U.S.C. §§1983 and 1988, specifically seeking redress for the deprivation under color of state
statute, ordinance, regulation, custom or usage of rights, privileges, and immunities secured by
the Constitution and laws of the United States. The rights sought to be protected in this cause of
action arise and are secured under the First and Fourteenth Amendments to the Constitution.
6. This action seeks a judicial determination of issues, rights and liabilities embodied
in an actual and present controversy between the parties involving the constitutionality of certain
ordinances policies and practices of the Defendant. There are substantial bona fide doubts,
disputes, and questions that must be resolved concerning the Defendant’ actions taken under
color and authority of “state” law and procedures, in violation of Plaintiffs’ rights under the First
and Fourteenth Amendments to the United States Constitution.
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VENUE
7. Venue is proper in the Northern District of Florida, Tallahassee Division, since
the laws and policies complained of are those of Tallahassee, Florida, which is within the district
and geographical area assigned to the Tallahassee Division.
PARTIES
8. Plaintiff, CITY WALK - URBAN MISSION INC. (hereinafter referred to as
“CITY WALK”) is a Florida not-for-profit corporation which operates a church and religious
mission catering to the homeless population located at 1709 Mahan Drive, Tallahassee, Leon
County, Florida. The subject property is located within the municipal boundaries of the City of
Tallahassee. Plaintiff is the entity beneficially interested in the relief herein sought and seeks to
invoke the original jurisdiction of this Court on account of the facts and matters herein stated.
9. Plaintiff, RENEE MILLER, (hereinafter referred to as “RENEE”) is an
individual, sui juris, residing in Tallahassee, Florida. RENEE is the President and pastor of City
Walk. In addition to her duties as principal of City Walk, RENEE expresses her individual
religious beliefs through the City Walk mission. Plaintiff is beneficially interested in the relief
herein sought and seeks to invoke the original jurisdiction of this Court on account of the facts
and matters herein stated.
10. Plaintiff, ANTHONY MILLER (hereinafter referred to as “ANTHONY”), is an
individual, sui juris, residing in Tallahassee, Florida. ANTHONY is the Vice-President and a lay
pastor of City Walk. In addition to his duties as principal of City Walk, ANTHONY expresses
her individual religious beliefs through the City Walk mission. Plaintiff is beneficially interested
in the relief herein sought and seeks to invoke the original jurisdiction of this Court on account
of the facts and matters herein stated.
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11. Defendant, CITY OF TALLAHASSEE, Florida (“CITY” or “TALLAHASSEE”),
is a Florida municipal corporation, organized and operating under the laws of the State of
Florida.
12. The Tallahassee-Leon County Planning Commission (“Planning Commission”), is
a government agency or body created by the CITY OF TALLAHASSEE. See, §2-111, LDC.
This Court has described that subordinate agency in the following terms:
The Tallahassee–Leon County Planning Commission [“Planning Commission” or

“Commission”] is an administrative agency of the city authorized to act in an
advisory capacity to the City Commission.
Everett v. City of Tallahassee, 840 F.Supp. 1528, 1531 (N.D. Fla. 1992).
COLOR OF STATE LAW
13. As a political subdivision of the State of Florida, organized and operating under
the laws of the State of Florida, TALLAHASSEE and the Planning Commission and their agents,
were, and are, acting under color of state law and authority.
PLAINTIFFS’ RELIGIOUS BELIEFS AND PRACTICES
14. CITY WALK operates a church and religious mission catering to the most
downtrodden and needy of our fellow citizens – the homeless.
15. RENEE has described this mission in the following terms:
[O]ur mission is to connect people to God and to each other, to change lives
forever. We do this by an Acts 2 church model, and we take very seriously the 73
times that we are commanded in scripture to take care of the poor and needy and
to take up the cause of justice for those who are also poor and needy.… [T]he
majority of the parishioners at our congregation and church members are in some
form of crisis or experiencing homelessness in one form or another.
[W]e are a church, and our focus is that we believe God has called us to … the
people who are in crisis, specifically as it pertains to housing and food and
clothing, taking care of people who are marginalized and looked over in society.
So a large part of our worship with our church is bringing the stranger in as Jesus
commands us to do in Matthew 25.
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16. CITY WALK provides food, shelter, and counseling for its residents.
17. CITY WALK administers to its residents’ religious needs through Bible studies
and Christian church services. However, CITY WALK does not impose a religious test on its
residents, and it welcomes all of God’s children.
18. The religious component of CITY WALK’s mission sets it apart from secular
providers of housing for the homeless. As RENEE has previously testified:
[H]ow we differ based on the service, delivery of services, would be that we have
a more holistic approach. We are not just concerned with getting somebody three
hot meals and a cot so that they, you know, don’t die from exposure or something,
but we really want to work on the whole person and their soul and the spirit at the
same time.
19. The CITY WALK mission is located at 1709 Mahan Drive, a four lane divided
highway also designated as U.S. Highway 90.
20. The CITY WALK property is located in the OR-2 zoning district.
21. Plaintiffs selected the property after first scouring the community for an
appropriate site. It chose this particular site because it was an appropriate size and it was
conveniently located near public transportation - a requirement under the City’s Code.
22. The CITY WALK building provides residential accommodations for up to 64
residents.
23. The CITY WALK facility is designed to provide supportive housing, which
includes social services in a rules-based environment.
24. CITY WALK counseling services include both religious and secular counseling.
The secular counseling is provided by mental health professionals who provide services ranging
from anger management to vocational counseling to treatment for addiction and alcoholism.
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25. CITY WALK’s homeless mission is considered to be a “Transitional Residential
Facility” pursuant to §1-2- Definitions, Tallahassee LDC,
26. Plaintiffs consider the operation of the Transitional Residential Facility to be a
religious practice and an integral part of their religious mission.
PLAINTIFFS’ RELIGIOUS MISSION IS A FORM OF FREE SPEECH PROTECTED

BY THE FIRST AMENDMENT
27. Plaintiffs both practice and express their religious beliefs through operation of the
City Walk homeless mission.
28. The Free Exercise component of Plaintiffs’ claim is self-evident.
29. Plaintiffs’ religious beliefs and religious practices have a free speech component
which is distinguishable from and yet intimately tied to their religious faith.
30. Plaintiffs communicate a specific message which is understood by their audience.
That specific communication is Jesus’ message of salvation coupled with a reminder that we
must be charitable to our neighbors while on Earth.
31. The religious mission at City Walk is how Plaintiffs express and embody their
religious beliefs and religious speech; it is both the medium and the message.
32. Plaintiffs’ speech finds its expression in three complimentary forms:
A. Plaintiffs operate both a church and lay ministry which preaches primarily to the
homeless about the Christian faith and the message of Jesus Christ. This component of their
religious message and activities most resembles a conventional church:
(1) While Plaintiffs’ church is nondenominational and open to all who seek it
out, it is a Christian church with an expressly Christian message of faith and redemption through
Christ.
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(2) Plaintiffs hold regularly scheduled church services led by RENEE, an
ordained Christian minister. Those services are open to all, but cater primarily to City Walk’s
homeless residents;
(3) Plaintiffs offer religious counseling both formal and informal. The
informal efforts are led primarily by ANTHONY, a lay disciple of Christ, who counsels through
words and the discipline of good works.
(4) Plaintiffs actively proselytize to lapsed Christians, non-believers and those
who follow other faiths so that they come to know the message of Jesus Christ. Plaintiff’s
believe that the transformation of homeless individuals into productive citizens is best
accomplished by reminding them of the hope and promise of the Christian faith.
B. The very act of running a Christian mission for the homeless is an essential
expression of Plaintiffs’ religious faith. Plaintiffs believe that Jesus Christ has called them to
minister to the “least fortunate among us” – a clarion call to provide for the spiritual and physical
needs of the unhoused. This expression has the following attributes:
(1) The operation of a homeless mission is intended as a living expression of two
aspects of Christ’s own mission:
(a) To spread good works and charity among men while the Earth exists; and
(b) To remind their neighbors that Christ promises a better existence in the
afterlife.
(2) This example of humility in daily life (expressed through the tough work of
caring for the less fortunate) reminds the public of the rich spiritual rewards which come from
such work - not the least of which is eternal salvation through Christ.
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(3) Plaintiffs’ message of faith and redemption is best communicated through the
actual doing in front of others: spreading Christ’s message; the performance of good acts; the
example of charity in the community and the improvement in the spiritual and physical condition
of individual human beings. As St. Francis of Assisi might have said: “Preach the Gospel at all
times. Use words if necessary”.
(4) The operation of a Christian mission for the homeless - including the provision of
food and shelter - is utterly incapable of being severed from Plaintiffs’ religious faith; it is the
very means by which Plaintiffs’ express their faith. In this regard, Plaintiffs’ practices are like
that of many other sects and faiths. By way of example, Plaintiffs note the following:
(a) Jehovah’s Witnesses are especially noted for their door-to-door
proselyting, which they maintain is rooted in Biblical commands. 1
(b) Youthful members of the Church of Jesus Christ of Latter-Day Saints
(“Mormons”) youth are encouraged to devote 18-24 months of their lives to missionary work in
the field. 2
1
See, JW.ORG/ Official Website of Jehovah’s Witnesses:
We try to contact people at their homes. Jesus trained his disciples to preach the
good news from house to house. (Matthew 10:11-13; Acts 5:42; 20:20) …
Similarly today, our preaching work is well-organized, and each congregation is
given an assigned area to cover. This enables us to fulfill Jesus’ command to
“preach to the people and to give a thorough witness.”—Acts 10:42.
https://www.jw.org/en/library/books/jehovahs-will/jehovahs-witnesses-preaching-work/ (last
accessed 2/2/22).
2
See, Churchofjesuschrist.org/:
Most missionaries are between 18 and 25 years of age. … [T]heir missions last
from 18 months to two years…
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(c) Hare Krishnas are distinguished by their missions providing free
vegetarian food – frequently on college campuses 3 – and the practice of “sankirtan” (seeking
alms in public places). 4
C. The operation of the homeless mission serves as a physical symbol of Christ’s
message of good will on Earth. That symbol is as expressive and evocative as any words
Plaintiffs may speak. Plaintiffs note the following aspects of this symbolic speech:
(1) Unlike Bible readings or religious advocacy, the operation of a Christian
mission for the homeless must occur at a particular place; the mission is ultimately rooted in
geography as it is the embodiment of God’s Word on the physical Earth.
Going around talking about God isn’t new. It’s what Jesus Christ did when He
was alive. After His death and Resurrection, it’s what He instructed His disciples
to do. That goes for our day too. So while the names of the missionaries vary on
those black name tags, the most important name - Jesus Christ - is always there,
included in the name of our Church. It is, and always has been, His message the
missionaries share.
https://www.churchofjesuschrist.org/comeuntochrist/belong/share-goodness/10-things-to-know-
about-missionaries (last accessed 2/1/22).
3
See, e.g., https://www.facebook.com/KrishnaLunchFSU/ and, for Gator fans, https://
krishnalunch.com/about/ (“KRISHNA LUNCH VALUES: Service - Provide UF students and the
Gainesville community with wholesome service opportunities to complement their spiritual
growth.”) (last accessed 2/1/22).
4
See, e.g., United States v. Silberman, 464 F.Supp. 866, 870 (M.D. Fla. 1979).
A basic tenet of ISKCON is an obligatory, evangelical religious ritual known as

‘sankirtan’. Followers, or devotees, are required to approach people in public
places, distributing religious literature and small tokens or gifts, disseminating
information, and soliciting donations. Sankirtan has three purposes: (1) to spread
the religious information which the Hare Krishna religion deems to be the truth;
(2) to proselytize and attract new members; and (3) to generate funds to support
the religious activities of the movement. Sankirtan activity propels ISKCON's
followers into city streets, tourist areas, airports, state fairs, rest stops along
expressways, and urban convention centers.
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(2) The spiritual redemption of individual homeless persons and their
transformation, through faith, into productive members of society is a living example of the
power of Christ’s message.
(3) For Plaintiffs’ message to be understood this symbol must be viewed; it
must have some physical embodiment within the City of Tallahassee. Here, Plaintiffs’ audience
includes their congregation as well as the broader Tallahassee community; their message is
clearly perceived and understood to be the Gospel of Jesus Christ.
OVERVIEW OF APPLICABLE ORDINANCES AND PROCEDURES
33. Homeless missions providing residential facilities are defined by §1-2 of the
Tallahassee LDC:
Transitional residential facilities. The term “transitional residential facilities”

means facilities or structures, operated, or maintained by a public or not-for-profit
corporation or association, religious institution, or government-funded
organization to provide shelter for homeless individuals and families on a
temporary or transitional basis, with the duration of stay limited to a period not
exceeding one year. Normal and customary use of a dwelling unit by a single-
family is specifically excluded from the requirements of chapter 10. Transitional
residential facilities may also provide services to residents accessory to the
provision of shelter, including but not limited to, dining facilities and meal
preparation, and referral, counseling and educational programs.
34. A transitional residential facility can be wholly secular with no religious
component at all. However, religious persons and institutions wishing to provide residential
services for the homeless cannot avoid being classified as a transitional residential facility.
35. Transitional Residential Facilities are regulated by §10-417 of the Tallahassee
Land Development Code. A copy of §10-417 is attached as Exhibit “1” to this Complaint.
36. Pursuant to §10-417(b), a Transitional Residential Facility may be located in any
zoning district in the City with the exception of the industrial zone:
Sec. 10-417. Transition residential facilities.
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…
(b) Where allowed. Transitional residential facilities may be allowed in any
zoning district, with the exception of the industrial district, subject to the
limitations and in accordance with the procedures and minimum criteria set forth
in this section.
37. However, there is no location within the City of Tallahassee where a transitional
residential facility can open as a matter of right.
38. Section 10-417 establishes a form of discretionary or conditional zoning akin to a
special exception or a conditional use permit.
39. Pursuant to §10-417(c), LDC, any person or entity wishing to open and operate a
transitional residential facility must first seek permission from the City in the form of “Type B
Site Plan” approval:

…
(c) Approval procedure. New transitional residential facilities and expansions
to existing transitional residential facilities are subject to type B site plan
approval.
40. Pursuant to §10-417(d), LDC, an application for Type B Site Plan approval must
include the following general and specific information:
(d) General information required. Any applicant requesting transitional

residential facility approval must submit the following general information for
review in order for the application to be considered complete:
(1) Statement describing the purpose of the facility;
(2) Statement justifying the need for the facility;
(3) Statement supporting the proposed location as appropriate for the

facility;
(4) Statement of ownership and management of the proposed

transitional residential facility;
(5) Legal description and boundary survey signed and sealed by

surveyor;
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(6) Statement of traffic impact;
(7) General location map showing the relation of the proposed site to
existing and proposed features and land uses: major streets, existing utilities and
public features, and the land uses of the surrounding area;
(8) Statement of the size and capacity of the proposed transitional

residential facility;
(9) Statement describing in detail, the character and intended use of

the transitional residential facility; and
(10) The following additional information shall be included for

transient residential facility sites which will require new construction:
a. Statement describing the type and availability of utilities and

public facilities to be used; and
b. Tabulation of the gross acreage of the site and the area to be

devoted to impervious surfaces such as structures and parking lots.
(e) Specific information required. Any applicant requesting a transitional

residential facility approval must submit the following specific information for
review in order for the application to be complete.
(1) A security plan addressing the needs of the facility’s residents as

well as those of the surrounding community, including a statement describing the
special supervision to be provided to residents;
(2) A description of all activities and uses to be conducted on the site;
(3) A description of any needs which may be required by residents of

the transitional residential facility which will not be available on site, and a
statement indicating how these needs will be met offsite;
(4) A plan indicating:
a. The size, location, height, and setbacks of all existing and

proposed buildings and other structures, including a description of the
specific use of all buildings and structures;
b. Any natural conditions which may affect the use of the site;
c. Off-street parking;
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d. Driveway and access limitation controls;
e. Location and size of open spaces and landscaped areas or buffering

elements;
f. The general architectural themes, appearance, and representative

building types; and
g. A schedule of any and all renovations or other activities proposed

to improve the appearance of any existing structures and grounds.
41. Section 10-417 also lists the criteria which TALLAHASSEE is supposed to apply
in evaluating an application for Type B Site Plan approval. Pursuant to §10-417(f), LDC, the
following criteria are evaluated:
(f) Minimum criteria for the issuance of site plan approval. The development
review committee shall determine whether a transitional residential facility
approval shall be granted based on the finding that the following minimum
criteria have been satisfied:
(1) The operation and location of the facility as proposed is consistent

with the comprehensive plan and applicable land development regulations;
(2) The facility would not create or cause a private nuisance, including
but not limited to noise, odor, health hazard, glare and unlawful activities, to
adjacent properties;
(3) The facility will implement adequate security and supervision

measures to address the needs of the facility’s residents as well as residents of
adjacent lands and their property;
(4) The facility is served by or easily accessible to mass transit;
(5) The facility will be of adequate size and design to reasonably

accommodate its projected capacity;
(6) The facility and its features are designed to be compatible with the
general architecture theme, appearance and representative building types of
adjacent properties and uses; and
(7) The intensity of use of the proposed facility does not unreasonably
adversely impact upon existing uses or change the character of the area in which it
is located. Intensity of the use of the proposed facility shall be determined based
upon its size, the number and type of accessory services to be provided, either by
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itself or in conjunction with other group homes, community residential homes,

and transitional residential facilities located within a 2,400-foot distance of the
site boundaries. Adverse impacts shall be evaluated particularly with respect to
existing residential uses and districts within 500 feet of the site.
42. The procedures for administrative review of Type B Site Plan applications are set
forth in §9-155 of the Tallahassee LDC. A copy of §9-155, LDC is attached as Exhibit “2” to this
Complaint.
43. The administrative procedures specify that the application will be considered at a
public hearing before the City’s Development Review Committee (“DRC”). Withing five days of
the hearing, the chair of the DRC is instructed to issue a “preliminary decision” which includes
“an itemized list of findings of fact which support approval, approval with conditions, or denial
of the application”. See, §9-155(10)(j), LDC.
44. In the event that the DRC imposes conditions on the site plan, the applicant is
provided an additional 90 days to submit its revisions. The DRC will then issue an approval of
the revised plan, but not until “written authorization from each development review committee
member of his/her designee has been provided to indicate that the site plan meets the conditions
of approval required by the development review committee.” See, §9-155(10)(k), LDC.
45. The preliminary decision of the DRC becomes final unless an interested party
files an administrative appeal seeking a “quasi-judicial proceeding” as provided in §9-15510(l),
LDC.
46. If an applicant requests a quasi-judicial proceeding to challenge the DRC
preliminary decision, those proceedings are governed by “chapter 2, article III, division 2,
subdivision II, of this Code and the bylaws of the planning commission.” See, §9-155(10)(l),
LDC.
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47. The applicable provisions of the Land Development Code which coincide with
“chapter 2, article III, division 2, subdivision II” are §§2-131 through 2-139. The core provisions
governing the quasi-judicial hearing appear at §2-138 of the Tallahassee LDC. A copy of
Subdivision II. - Quasi-Judicial Proceedings, §§2-131 through 2-139, LDC is attached as Exhibit
“3” to this Complaint.
48. In summary, administrative review is conducted as follows:
A. An Administrative Law Judge (“ALJ”) assigned by the Florida Division of
Administrative Hearings (under contract with TALLAHASSEE) 5 conducts a public evidentiary
hearing. See, §2-138(i), LDC. The hearing is a de novo proceeding. 6
B. At the conclusion of the evidentiary hearing, the parties submit proposed
recommended orders. See, §2-138(j), LDC.
C. The ALJ subsequently issues his proposed recommended order which “shall
approve or deny, in whole or in part, the request of the petitioner; and shall include findings of
fact and conclusions of law, separately stated within the recommended order.” See, §2-138(j),
LDC.
D. The parties are then permitted to file exceptions to the recommended order with
the clerk of the Planning Commission. See, §2-138(k), LDC.
E. The matter is referred to the Planning Commission which conducts a public
hearing, but takes no new evidence. See, §§2-138(m), (n), LDC.
F. The proceedings before the Planning Commission are governed by §2-138 of the
City’s Land Development Code as well as By-Laws enacted by the Planning Commission. The
5
See, §2-138(d), LDC.
6
See, §2-135(a), LDC.
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relevant portion of the By-Laws relative to administrative proceedings governing approval of
Type B Site Plans for Transitional Residential Facilities are found in Article IX. A copy of
Article IX of the Bylaws of The Tallahassee-Leon County Planning Commission (“the By-
Laws”) is attached as Exhibit “4” to this Complaint.
G. At the conclusion of the hearing, the Planning Commission is directed to “adopt
the recommended order, adopt the recommended order with changes, or direct staff to prepare a
revised order.” The Planning Commission also has the option of remanding the case to the ALJ
for further factual findings. See, §§2-138(m), (n), LDC.
H. A disappointed applicant can seek review of the Planning Commission’s order
through a certiorari proceeding in state circuit court. See, §§2-138(o), LDC.
DENIAL OF CITY WALK’S APPLICATION
49. Plaintiffs present largely facial constitutional challenges to the CITY’s Land
Development Code and to the Planning Commission’s By-Laws. As such the individual facts of
this case are irrelevant except to show standing to raise those claims. See, e.g., Miami Herald
Pub. Co. v. City of Hallandale, 734 F.2d 666, 674 (11th Cir. 1984).
50. CITY WALK first provided services to the homeless on an emergency basis, at
the CITY’s specific request, in order to ameliorate the shortage of beds during “cold nights” in
2020.
51. CITY WALK opened its doors to the homeless at the end of November, 2020.
52. CITY WALK began its religious ministry to the homeless, including the speech
activities addressed above, as soon as it opened its doors.
53. On April 1, 2021, the CITY held a hearing before its code enforcement magistrate
to fine CITY WALK for operating its homeless mission without first having secured approval of
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a Type B Site Plan. Those proceedings concluded with the entry of a fine against CITY WALK. 7
54. CITY WALK submitted its application for Type B Site Plan approval on or about
February 8, 2021.
48. The Development Review Committee entered its preliminary denial of CITY
WALK’s application on March 9, 2021.
49. Contrary to the CITY’S own Code, the DRC Order did not contain any findings
of fact. Instead, it merely stated that “the application did not meet all of the criteria required by
Section 10-417, as well as other pertinent sections, of the Tallahassee Land Development
Code…”.
55. CITY WALK took a timely appeal of the DRC preliminary denial. 8
56. Plaintiffs RENEE MILLER and ANTHONY MILLER testified at the evidentiary
hearing as principals of CITY WALK, as fact witnesses and to speak of their own personal faith
and involvement in the mission.
57. After a two-day evidentiary hearing, the ALJ entered a Recommended Order on
November 19, 2021 concluding the CITY WALK met all of the Code criteria and that it was
entitled to approval of its Type B Site Plan.
58. The ALJ included certain conditions on the approval of City Walk’s site plan
(including occupancy limits, security arrangements and temporal restrictions) which he found
7
CITY WALK appealed the code enforcement orders which were upheld by the state Circuit
Court on November 4, 2021. Accordingly, those state enforcement proceedings have been fully
concluded. CITY WALK filed an “England Reservation of Rights” in the Circuit Court
proceedings on May 24, 2021, notifying the CITY of its intention to litigate its constitutional
claims in Federal Court. See, generally, Fields v. Sarasota Manatee Airport Auth., 953 F.2d
1299, 1305 (11th Cir. 1992).
8
CITY WALK filed an “England Reservation of Rights” in the proceedings before the ALJ on
May 24, 2021 reserving its Federal claims for adjudication in this Court.
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would allow for the effective operation of a Transitional Residential Facility in harmony with the
neighborhood.
59. A public hearing was held before the Planning Commission on January 12, 2022.
60. On a vote of 3-2, the Planning Commission rejected the ALJ’s Order. The
Planning Commission did not suggest alternative criteria or additional criteria which would
allow for the operation of City Walk’s mission – it simply rejected the site plan outright.
61. The Planning Commission entered its Final Order on January 27, 2022.
62. The Planning Commission Final Order represents the conclusion of all
administrative remedies available to the Plaintiffs.
SUMMARY OF CONSTITUTIONAL CLAIMS
63. Defendant imposes an unconstitutional restraint on the exercise of Plaintiffs’
religious beliefs and practices in violation of the Free Exercise Clause of the First Amendment.
64. Defendant imposes an unconstitutional prior restraint on speech because there are
no locations anywhere in the City of Tallahassee where a religious homeless mission can operate
as a matter of right. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990) and Lady J. Lingerie,
Inc. v. City of Jacksonville, 176 F.3d 1358 (11th Cir. 1999) control this inquiry.
65. Pursuant to §10-417, a person wishing to open and operate a religious mission
providing care and residential services to the City’s homeless must first obtain permission from
the CITY.
66. The criteria set forth in §10-417 for the evaluation of Type B Site Plan
applications are vague, subjective and confer unfettered discretion on governmental
decisionmakers in violation of the First Amendment.
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67. The criteria set forth in §10-417 for the evaluation of a Type B Site Plan
application are so vague that they allow for arbitrary and discriminatory enforcement in violation
of the Due Process Clause.
68. The procedures for evaluating a Type B Site Plan application are principally set
forth in §2-138(i), LDC and Article IX of the Planning Commission’s By Laws.
69. Those procedures are constitutionally defective for the following reasons:
A. They do not guarantee a decision within a specified brief period of time; in many
cases there are no specified times at all and, in other cases, the time periods are illusory because
the applicant is not allowed to speak if a decision is not forthcoming.
B. The delays built into the administrative process necessarily mean that a decision
cannot be reached within a reasonable period of time.
C. In the case of CITY WALK, the procedures do not preserve the status quo.
D. The administrative process is so cumbersome that it interferes with prompt
judicial review and prompt judicial disposition. See, generally, City of Littleton, Colorado
v. Z.J. Gifts, D–4., L.L.C., 541 U.S. 774 (2004).
70. The CITY’s criteria for evaluating Type B Site Plan approvals is not narrowly
tailored in the context of religious missions. There are readily available alternatives available
both in terms of site location and in terms of substantive criteria which would preserve the
government’s interests without burdening speech as severely as the current regulations do.
71. The CITY fails to provide sufficient sites to allow religious missions providing
transitional residential services to open and operate. Plaintiffs allege the following particulars:
Page 19 of 44
A. The Tallahassee Code sets up an impossible Catch-22 for religious missions:
transitional residential facilities must not be located too close to residences 9 but they also must
be cited near public transportation such as bus stops 10 which are invariably located near
residential areas.
B. The criteria used to deny CITY WALK’s application – namely a change in the
character of the neighborhood – applies to any other location where CITY WALK may apply for
permission to operate; there are no conforming locations in the City which would not experience
a change in character of the community.
C. Transitional residential facilities are barred from industrial districts which are
effectively the only zones (other than rural agriculture lacking in infrastructure) where
transitional residential facilities can be screened or segregated from commercial and residential
neighbors.
ALLEGATIONS IN SUPPORT OF INJUNCTIVE RELIEF
72. The Plaintiffs’ speech rights have been infringed as Defendant has actively
enforced its Ordinances against them by fining CITY WALK and by withholding permission for
their religious mission.
73. Plaintiffs’ speech rights have been chilled now, and in the future, because they
risk further fines, enforcement actions and even imprisonment if they persist in their speech and
9
Section 10-417(f)(7) provides that special care must be taken so as not to impact local
residential uses:
Adverse impacts shall be evaluated particularly with respect to existing residential

uses and districts within 500 feet of the site.
10
See, §10-417(f)(4) (“The facility is served by or easily accessible to mass transit…”).
Page 20 of 44
religious activities. 11
74. On January 14, 2022, the City’s Attorney issued a press release threatening to
bring legal action against CITY WALK in order to shut down its operations and censor its
speech. The City’s Attorney stated:
The City of Tallahassee is taking steps to initiate appropriate enforcement action

concerning the continued operation of an unpermitted homeless shelter by City
Walk – Urban Mission on Mahan Drive.
…
If the violations are not immediately abated, the City will commence enforcement
action concerning the Building Code violations and evaluate all potential legal
action to remedy the violations.
Tallahassee Reports, City of Tallahassee “Taking Steps” to Initiate Enforcement Against City
Walk, (Jan. 14, 2022), https://tallahasseereports.com/2022/01/14/city-of-tallahassee-taking-steps-
to-initiate-enforcement-against-city-walk/ (last accessed 2/3/22).
75. Unless the Ordinances, policies and practices of Defendant are enjoined by this
Court, the Plaintiffs will suffer the continuing loss of their constitutional rights.
76. Plaintiffs have suffered irreparable injury and continue to suffer irreparable injury
as a result of the Defendant’ Ordinances, policies and practices.
77. None of the Plaintiffs has a plain, adequate or complete remedy to protect their
constitutional rights and to redress the wrongs and illegal acts complained of, other than
11
Section 1-7 of the Land Development Code provides for incarceration as a potential penalty:
(c) Except as otherwise provided by law or ordinance, a person convicted of a

violation of this Code shall be punished by a fine of not more than $500.00,
imprisonment for a term not exceeding 60 days, or any combination thereof. If a
violation of this Code is also a violation of state law, the violation shall be
punished in the same manner and within the same limits as are prescribed for such
violation of state law.
Page 21 of 44
immediate and continuing injunctive relief.
78. Plaintiffs have no adequate remedy at law. Deprivation of rights guaranteed under
the Constitution is an irreparable injury for purposes of injunctive relief. In cases involving the
loss of First Amendment rights, such as in this case, damages are both inadequate and
unascertainable.
79. The public interest would be served by the granting of injunctive relief. In fact,
the public interest is disserved by actions, such as those of Defendant, which interfere with the
public’s rights guaranteed under the First Amendment.
80. A permanent injunction will preserve Plaintiffs’ civil rights and will minimize the
need to award extensive compensatory damages.
DAMAGES AND ATTORNEY’S FEES
81. Because of the Defendant’ actions, Plaintiffs’ First Fourteenth Amendment rights
have been violated and Plaintiffs are faced with similar and repeated violations of their rights in
the future if they do not abandon their speech and religious activities.
82. CITY WALK has suffered economic losses as a result of the enforcement of the
Defendant’ ordinances, policies and practices against it. Those damages include:
A. The imposition of code enforcement fines.
B. Reduction in donations as a result of potential donors worrying about the closure
of the City Walk mission or the possible loss of tax exempt status for the mission.
C. Opportunity costs in the form of increased interest and cost of materials due to
their inability to renovate the facilities (CITY WALK cannot obtain the necessary building
permits without approval of its Type B Site Plan application).
Page 22 of 44
83. Plaintiffs have retained Benjamin, Aaronson, Edinger & Patanzo, P.A. and
Dudley, Sellers, Healy & Heath, PLLC as their attorneys to represent them in this action and
have agreed to pay them a reasonable fee, which fee Defendant must pay pursuant to 42 U.S.C.
§1988.
COUNT I
THE DEFENDANT’S ORDINANCES AND PROCEDURES IMPOSE AN
UNCONSTITUTIONAL PRIOR RESTRAINT ON SPEECH
84. Plaintiffs reallege the facts set forth in Paragraphs 1 through 83 and incorporate
those facts into this Count by reference.
85. This is an action for declaratory relief and injunctive relief brought by each of the
Plaintiffs against Defendant CITY OF TALLAHASSEE under this Court’s general jurisdiction
and pursuant to 28 U.S.C. §2201 and 42 U.S.C. §1983.
86. Plaintiffs are uncertain as to their rights and remedies under the Tallahassee Land
Development Code and the By-Laws as they have been applied to Plaintiffs in violation of the
Free Speech Clause of the First Amendment to the United States Constitution.
87. Section 10-417 of the Tallahassee Land Development Code imposes a prior
restraint because Plaintiffs cannot engage in their religious speech (i.e. the operation of a
residential mission for the homeless with the associated expressive and speech components
described above) without first obtaining the CITY’s permission in the form of Type B Site Plan
approval.
88. The restraint imposed by §10-417, and the associated procedures for
administrative review, is unconstitutional on its face because the ordinances fail to include all of
the substantive and procedural safeguards required by FW/PBS, Inc. v. City of Dallas, 493 U.S.
Page 23 of 44
215, 110 S.Ct. 596 (1990) and Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358 (11th
Cir. 1999)
89. The criteria for evaluating Type B Site Plan applications set forth in §10-417(f),
LDC are utterly standardless and afford the DRC and Planning Commission, total, unbridled
discretion in violation of the First Amendment. Plaintiffs allege the following particulars:
A. The LDCs confer upon the planning director the discretion to determine in the
first instance whether an application “contains all required information at the required level of
detail” (emphasis added). See, §9-155(10)(c).
B. Even after a determination of completeness by the DRC director, other members
of the DRC can suspend review of the application indefinitely by demanding additional
unspecified and indeterminate information from the applicant:
j. Development review committee review. The development review

committee shall … request additional material and data determined to be
necessary to undertake the required review and continue its review to a date and
time certain.
§9-155(10)(j).
C. Growth management staff can halt the processing of any application upon a
determination that the property has not been “properly posted”:
e. The property that is the subject of the application shall be prominently posted by
the applicant pursuant to the policies and procedures of the growth management
department. An application shall not be determined complete until the department
has verified that the property is properly posted.
See, §9-155(10)(e). The LDCs do not themselves establish any standard for posting and the
Growth Management Department’s criteria employ vague language: “prominently displayed”,
“clearly visible’ and “centrally located”. See, Sign Posting Affidavit., https://www.talgov.com/
Uploads/Public/Documents/growth/forms/sign_posting_affidavit.pdf (last accessed 2/2/22).
Page 24 of 44
D. The criteria for evaluating a license are completely open-ended and almost
entirely subjective in nature. Section 10-417(f) includes imprecise criteria, both collectively and
in every subpart, including the following:
(1) Section 10-417(f)(1): “consistent with the comprehensive plan”;
(2) Section 10-417(f)(2): “adequate” security;
(3) Section 10-417(f)(3): a general prohibition against “unlawful activities”;
(4) Section 10-417(f)(4): “easily accessible” to transit;
(5) Section 10-417(f)(5): the facility must be of “adequate size”;
(6) Section 10-417(f)(6): “compatible with the general architecture theme,
appearance and representative building types of adjacent properties and uses”;
(7) Section 10-417(f)(7): the TRF must not “unreasonably adversely impact
upon existing uses or change the character of the area”.
E. The criteria are not exclusive; the DRC and the Planning Commission can attach
additional unspecified “conditions” to their approval with no substantive limits whatsoever on
those conditions:
(1) In the first instance, the DRC can attach whatever conditions to the site
plan it may choose in its unfettered discretion:
j. Development review committee review. The development review

committee shall review the plans at their next regularly scheduled meeting,
prepare and submit to the chair a preliminary decision with an itemized list of
findings of fact which support approval, approval with conditions, or denial of the
application; (emphasis added).
§9-155(10)(j), LDC.
(2) The DRC has the unfettered discretion to determine whether revisions to
an application to meet any “conditions” are satisfactory to its individual members:
Page 25 of 44
k. Site plan revisions. The director shall not sign the site plan until written
authorization from each development review committee member of his/her
designee has been provided to indicate that the site plan meets the conditions of
approval required by the development review committee.
§9-155(10)(k), LDC.
(3) The DRC can require that the applicant sign a development agreement
with the School Board as a condition for approval, thereby creating a third party heckler’s veto
over any development:
If a school proportionate fair-share mitigation development agreement is required

as a condition of approval, the growth management director shall not sign the
revised site plan submittal until the development agreement has been executed by
all parties.
§9-155(10)(k), LDC.
(4) At the conclusion of any administrative appeal from the DRC’s
preliminary decision, the Planning Commission can reject the ALJ’s recommended order and
attach whatever conditions it deems appropriate in its unfettered discretion:
(n) The planning commission shall adopt the recommended order, adopt the
recommended order with changes, or direct staff to prepare a revised order.
(emphasis added).
§2-138(n), LDC.
(5) The same unconstrained discretion to revise the ALJ order is afforded to
the Planning Commission in its own By-Laws:
(g) Action on the Recommended Order. The Planning Commission shall adopt the
recommended order, adopt the recommended order with changes, or direct staff
to
prepare a revised order. (emphasis added).
Art. IX, §10(g), By-Laws.
90. The CITY’s Land Development Code and the By-Laws fail to guarantee that a
decision on a Type B Site Plan application will be made within a specified brief period of time
Page 26 of 44
(or any period of time at all). The procedural defects occur at every level of the ordinances and
By-Laws with multiple administrative cul-de-sacs and a series of illusory time standards. In
addition, the ordinances and By-Laws fail to guarantee that speech will be permitted if the
decision is not rendered within the nominal times identified in the procedures. Plaintiffs allege
the following particulars:
A. Certain steps in the application process do not have a fixed deadline in terms of
days, but are indeterminate, with the opportunity for continuances which are also not constrained
by deadlines. Those steps and the associated code provision are as follows:
(1) According to policies published and promulgated by the City of
Tallahassee Growth Management Department, the CITY will not even accept an application for
Type B Site Plan approval until the applicant obtains a “Land Use Compliance Certificate”.
Prior to submitting a Type B Site Plan, you must apply for and receive a Land
Use Compliance Certificate….
Application Submittal and Review Information - Land Use | Site Plan/Subdivision - Type B Site
Plan Review, https://www.talgov.com/growth/growth-apps-landuse.aspx (last accessed 2/2/22).
There are no provisions in the LDCs or in the Growth Management policies which guaranty that
a “Land Use Compliance Certificate” will be issued within any specified period – or ever.
(2) The same lack of time periods applies to the requirement that an applicant
obtain a Natural Features Inventory from the CITY – something which City staff can withhold
indefinitely in their discretion:
… Also, a Natural Features Inventory (NFI), required by Chapter 5 of the City of

Tallahassee Land Development Code, must be applied for, unless otherwise
exempted by the Growth Management Department. The NFI must be approved or
conditionally approved prior to the acceptance of the site plan application.
Page 27 of 44
Type B Site Plan Review, https://www.talgov.com/growth/growth-apps-landuse.aspx (last
accessed 2/2/22).
(3) Review by the DRC does not occur within a specified period of time.
Instead, the review takes place “at their next regularly scheduled meeting” – whenever that may
occur. However, even that flexible time standard is contingent and subject to continuance as
provided by the CITY’s ordinances and policies:
(a) Placement on the “next regularly scheduled meeting” is conditional
as the application must be filed at least 30 days before the next meeting. See, Type B Site Plan
Review, https://www.talgov.com/growth/growth-apps-landuse.aspx (last accessed 2/2/22) (“The
deadline for filing an application with the DRC is generally 30 days prior to the meeting.”).
(b) The DRC is not required to approve or deny the application at its
hearing, but can extend the process indefinitely by requesting “additional material and data
determined to be necessary to undertake the required review”. See, §9-155(10)(j).
(c) In the event that additional information is demanded, the DRC can
continue the hearing indefinitely with the only requirement being that they fix “a date and time
certain” – which could be year later. See, §9-155(10)(j).
(d) In the event that the DRC requires revisions to the Type B Site
Plan application [as permitted by §9-155(10)(j)], approval of the DRC can be delayed
indefinitely as the director is not permitted to sign the preliminary decision until the member of
the DRC verify compliance with the new conditions; there is no requirement that they do so
within any fixed time:
The director shall not sign the site plan until written authorization from each
development review committee member of his/her designee has been provided to
indicate that the site plan meets the conditions of approval required by the
development review committee.
Page 28 of 44
§9-155(10)(j), LDC.
(4) In all cases where a “school proportionate fair-share mitigation
development agreement”, the DRC will not render a decision until the applicant signs an
agreement with the School Board, a third party. The School Board is not required to tender its
signature within any specified period of time and that delay can lead to the automatic termination
of the application: “Failure by the applicant to submit a revised site plan within the time frames
specified in this subsection shall deem the site plan null and void.” See, §9-155(10)(k), LDC.
(5) In the event of a preliminary denial of a Type B Site Plan application by
the DRC, the Code does not provide a specific period of time within which the ALJ must
conduct the public hearing. While the public hearing must nominally commence within 60 days
[§2-138(i)(1), LDC] , the ALJ can continue the hearing as often and for as long as he or she
chooses:
(10) The administrative law judge may order the hearing continued until a date
certain if necessary to obtain additional information necessary for determination
of the matters at issue.
§2-138(j)(10), LDC.
(6) The LDCs do not include a specified time within which the Planning
Commission must conduct a hearing on the ALJ’s recommended order; the code merely instructs
the clerk to schedule a hearing:
(l) Upon receipt of the recommended order from the administrative law
judge, and after the deadline for receipt of exceptions thereto, the clerk of the
planning commission shall schedule the recommended order for consideration by
the planning commission.
§2-138(l), LDC.
Page 29 of 44
(7) The By-Laws do not establish a fixed deadline for conducting the
Planning Commission’s review of the ALJ’s recommended order. Instead, the By-Laws simply
state that the hearing will take place “at the next available regularly scheduled Planning
Commission Meeting”. That standard is both indefinite and illusory for the following reasons:
(a) The By-Laws do not actually require that the hearing be scheduled
at the next scheduled meeting of the Planning Commission. Rather, the language is qualified by
the adjective “available”, leaving the actual determination of availability to the discretion of the
clerk or the Planning Commission. See, Art. IX, §10(e), By-Laws.
(b) The By-Laws allow the CITY to move to continue the proceedings
for an indefinite period of time with the decision left to the sole discretion of the Planning
Commission. See, Art. IX, §9(1), By-Laws.
(c) There are no consequences if the Planning Commission fails to
schedule the hearing at its next available meeting – or at any time.
(8) The Planning Commission is not actually required to render its decision
within any specified period of time. Both the LDCs and the By-Laws include identical provisions
stating that the Planning Commission will consider the recommended order at a public hearing,
there is no requirement that they actually render a decision at the meeting or at any other time:
(m) During its consideration of the recommended order at a duly notified

public hearing, the planning commission will take comment from any parties who
desire to submit comments in favor of or in opposition to the recommended
order….
(n) The planning commission shall adopt the recommended order, adopt the
recommended order with changes, or direct staff to prepare a revised order.
§2-138(m), (n), LDC.
Page 30 of 44
(f) Consideration of the Recommended Order. During its consideration of the

recommended order at a duly noticed public hearing, the Planning Commission
will take comment from the parties and the public…
(g) Action on the Recommended Order. The Planning Commission shall

adopt the recommended order, adopt the recommended order with changes, or
direct staff to prepare a revised order.
By-Laws, Art. IX, §10(f), (g).
(9) Both the LDCs and the By-Laws authorize the Planning Commission, in
its discretion, to remand a recommended order to the ALJ for further factual findings:
(n) … The planning commission may also remand the recommended order to
the administrative law judge, if additional findings are necessary.
§2-138(n), LDC.
(g) Action on the Recommended Order. … The Planning Commission may

also remand the recommended order to the administrative law judge if additional
findings are necessary.
By-Laws, Art. IX, §10(f), (g). However, neither of those sources prescribes any definite time
period within which the ALJ must conduct additional fact-finding or render a revised
Recommended Order.
B. None of the procedures provides a mechanism by which an applicant can force an
administrative decision at any point.
C. None of the provisions guaranty that speech will occur if the administrative
process, approval or hearing does not occur within the nominal deadlines specified in the LDC
and By-Laws. That is, in those cases where a deadline of some kind is mentioned in the code,
there are no consequences for an intentional or inadvertent failure to act on the part of the
permitting officials. Those choke points include, at a minimum:
(1) The initial application cannot move forward until the planning director
determines that the application is complete. While a nominal period of five days is specified in
Page 31 of 44
the Code, the Codes does not state what happens if the director fails to make a decision within
that time and no mechanism is provided to advance the application in the absence of a
determination. See, §9-155(10)(c) (“Within five days after receipt of an application for site plan
approval, the director shall determine whether the application contains all required information at
the required level of detail.”).
(2) There are public notice requirements at every level of the proceedings.
See, e.g., §§9-155(10)(d)-(g), §§2-138(i)(3), (m); Art. IX, §3(e), (f), By-Laws. Because those
notices are mandatory, it appears that proceedings cannot be held of the notice is not given or is
not given in a timely fashion.
(3) Administrative review of a preliminary denial by the DRC cannot take
place until such time as the Planning Commission’s attorney determines that the applicant has
standing. 12 While the Code provides that the decision shall be made within five days, the review
cannot move forward if the attorney does not act. See, §2-137. Determination of standing, LDC;
Art. IX, §1(k), By-Laws.
(4) The LDCs instruct the ALJ to render his recommended order is due
“within 30 calendar days of the date of the hearing.” §2-138(j), However, that time standard is
illusory for two reasons:
(a) The Code allows the ALJ to continue the hearing from time to time
in his discretion; without a fixed date for ending the administrative hearing, there is no fixed time
when the 30 day clock will begin to run.
12
The Code states that a record must be compiled before the ALJ can conduct his hearing and
the determination of standing is a mandatory component of the record. See, §2-138(i)(5)a.
Page 32 of 44
(b) There are no consequences in the event that the ALJ fails to enter
his order within the specified time. In particular, speech may be delayed indefinitely if the ALJ
does not rule in a timely fashion.
(5) There are no time standards within the LDC or the By-Laws which require
the Planning Commission to actually render a decision within any particular period of time.
91. Even if the Type B Site Plan applicant follows the specified administrative
procedure exactly, without undue delay at any point, the total time to complete the administrative
process is unreasonably long and is the antithesis of a brief period. In Plaintiffs’ case that process
took nearly a full year (Plaintiffs submitted their application on February 8, 2021 and the
Planning Commission did not enter its Final Order under January 27, 2022).
92. The LDC and By-Laws do not allow speech to occur (in this case, the operation of
a religious residential mission) if the CITY, the DRC, the ALJ or the Planning Commission fail
to make a determination within a brief period of time.
93. The failure to guarantee a decision within a specified period of time and the
multiple opportunities for continuance and delay allow the Defendant to defer approval of a Type
B Site Plan application indefinitely; speech can be denied during that time simply by taking no
action at all.
94. The Ordinance fails to preserve the status quo as required by FW/PBS.
95. In the context of this case, Plaintiffs’ religious mission, and their associated
speech rights, can be shut down and censored indefinitely because the CITY has withheld
permission to speak (in the form of Type B Site Plan approval).
Page 33 of 44
96. Because there is no requirement that the CITY, the DRC, the ALJ or the Planning
Commission make a decision on Type B Site Plan application within a specified time, the
Defendant can delay the administrative decision indefinitely, thereby thwarting judicial review.
97. Because Florida has a requirement that all administrative remedies be exhausted
before a litigant can seek review in Court, the indefinite period for review and approval
precludes judicial review and makes a prompt judicial disposition impossible in contravention of
the standards adopted in City of Littleton, Colorado v. Z.J. Gifts, D–4., L.L.C., 541 U.S. 774,
124 S.Ct. 2219 (2004).
98. Plaintiffs have a right to have this Court declare their rights under the First
Amendment as those rights are restricted and infringed by the ordinances, policies and practices
complained of herein.
WHEREFORE, Plaintiffs pray for the following relief:
A. That this Court take jurisdiction over the parties and this cause.
B. That this Court enter a judgment declaring that §10-417 of the Tallahassee Land
Development Code, together with the associated procedures for approval of Transitional
Residential Facilities [§§2-138, 9-155, LDC and Article IX of the Bylaws of The Tallahassee-
Leon County Planning Commission] are unconstitutional on their face and as applied to the
Plaintiffs because they impose a prior restraint without the procedural and substantive
protections required by the First Amendment.
C. That this Court enter a judgment declaring that Plaintiffs are free to operate a
religious residential mission at their current location without having to secure zoning approval
from the City of Tallahassee under §10-417, LDC because such discretionary zoning violates the
Free Speech Clause of the First Amendment on its face and as applied to the Plaintiffs.
Page 34 of 44
D. That this Court enter a permanent injunction forever enjoining Defendant and its
various agents and employees, from enforcing §10-417, LDC and the requirement for Type B
Site Plan approval against Plaintiffs and all other similarly situated persons.
E. That this Court enter a judgment for compensatory and nominal damages sufficient
to compensate the Plaintiffs for violations of their First Amendment rights.
F. That this Court award Plaintiffs their recoverable costs, including a reasonable
attorney’s fee pursuant to 42 U.S.C. §1988; and
G. That this Court award Plaintiffs all other relief in law and in equity to which they
may be entitled.
COUNT II
THE DEFENDANT’S ORDINANCES AND PROCEDURES
VIOLATES THE FREE EXERCISE CLAUSE OF THE FIRST AMENDMENT
102. Plaintiffs have a right to Free Exercise of their religious faith through words,
practices and acts.
103. In this instance, Plaintiffs express their religious faith through the operation of the
CITY WALK religious mission catering to Tallahassee’s homeless population.
Page 35 of 44
104. Plaintiffs’ faith and their religious observance of Christ’s message is inextricably
linked to the operation of a religious mission catering to the homeless.
105. Tallahassee is an appropriate place for the exercise of Plaintiffs’ religious faith
because Plaintiffs reside in the community and because the City of Tallahassee has an enormous
unmet need for the care, housing and counseling of the homeless.
106. The CITY WALK facilities are an appropriate location for the exercise of
Plaintiffs’ religious practices for the following reasons:
A. It is located on a major U.S. Highway with ready access to mass transit;
B. The property and the buildings are sufficiently large to address all of Plaintiffs’
religious practices from their church, to their counseling offices, to the kitchen and dining
facilities, to the residential needs of the City’s homeless.
C. The location is isolated from nearby residences by the U.S. Highway (Mahan
Drive) in the front; by a steep ditch and railroad tracks to the rear; and by commercial uses on
either side.
D. The property is zoned OR-2 which allows for a wide variety of uses, including a
church.
E. The City has already determined that a Transitional Residential Facility may be
located in an OR-2 zone.
F. After diligent search with the active assistance of a local Realtor, Plaintiffs
concluded that there are few or no other sites within the City of Tallahassee which provide a
comparable mix of location, facilities, access and economy as the City Walk facility.
G. The CITY actively encouraged Plaintiffs to operate a “low barrier” emergency
homeless shelter at this very location during the winter of 2020-21.
Page 36 of 44
107. The City now seeks to prevent Plaintiffs from freely exercising their religious
rights through imposition of code enforcement fines, by requiring Plaintiffs to obtain Type B Site
Plan approval prior to engaging in their religious practices, and by withholding approval of that
site plan.
108. Section 10-417, LDC is not a law of general application because it applies only to
those persons wishing to operate a transitional residential facility.
109. While not every transitional residential facility is associated with religious
expression, every religious observer seeking to operate a residential mission for the homeless is
treated by the City as a Transitional Residential Facility. 13
110. The exercise of Plaintiffs’ religious beliefs and practices have been inordinately
burdened by §10-417, LDC and the associated procedures for approval of a Type B Site Plan.
111. §10-417, LDC and the associated procedures for approval of a Type B Site Plan
impose an unconstitutional prior restraint on the Free Exercise of Plaintiffs’ religious rights for
the reasons set forth above.
112. There are readily available alternatives to the flat denial of Plaintiffs’ religious
freedoms which are less restrictive of their Free Exercise rights.
113. The operational conditions suggested by the ALJ in this matter represent a good-
faith application of neutral zoning principles which would accommodate Plaintiffs’ religious
practices.
13
A recent study shows that the majority (58%) of the shelter beds provided for the homeless are
furnished by religious institutions. See, Johnson, Byron, Baylor Institute for Studies of Religion,
Assessing the Faith-Based Response to Homelessness in America: Findings from Eleven Cities,
(2017) at 20, accessible at https://socialinnovation.usc.edu/homeless_research/assessing-the-
faith-based-response-to-homelessness-in-america-findings-from-eleven-cities/ (last accessed
2/4/22).
Page 37 of 44
Amendment as those rights are restricted and infringed by the Ordinances, policies and practices
Plaintiffs because they impose unduly burden the Free Exercise of their religious faith in
violation of the First Amendment.
Free Exercise Clause of the First Amendment on its face and as applied to the Plaintiffs.
Page 38 of 44
may be entitled.
COUNT III
THE DEFENDANT’S ORDINANCES AND PROCEDURES INFRINGE UPON THE
FIRST AMENDMENT RIGHT OF FREE ASSOCIATION
118. Plaintiffs religious beliefs and practices command them to enjoy the fellowship of
their less fortunate neighbors.
119. In order to communicate their religious beliefs and to cater to the physical and
spiritual needs of the homeless, Plaintiffs must have a physical space where they can gather their
congregation and those who are served by the City Walk Mission.
120. That is to say, Plaintiffs’ speech and religious rights have little meaning unless
they can gather and associate with others of like mind as well as with the population to be
benefited by Plaintiffs’ faith activities.
121. Because Type B Site Plan approval is required wherever a Transitional
Residential Facility may operate, there is no location in the City of Tallahassee where Plaintiffs
Page 39 of 44
can meet with their congregation and their service community without first obtaining the City’s
discretionary approval.
122. The CITY has employed §10-417 and the associated procedural rules, policies
and practices to fine CITY WALK for operating its religious mission and freely associating with
the City’s homeless population.
123. The CITY has employed §10-417 and the associated procedural rules, policies
and practices to prohibit Plaintiffs from operating their religious mission and associating with the
City’s homeless population.
124. Plaintiffs’ efforts to freely associate with others of like mind, as well as with the
population to be benefited by Plaintiffs’ faith activities, have been inordinately burdened by §10-
417, LDC and the associated procedures for approval of a Type B Site Plan.
125. There are readily available alternatives to the flat denial of Plaintiffs’ religious
and speech activities which are less restrictive of their Free Association rights.
126. The operational conditions suggested by the ALJ in this matter represent a good-
faith application of neutral zoning principles which would accommodate Plaintiffs’ right to
associate while protecting the government’s interests in safe and clean neighborhoods.
Amendment as those rights are restricted and infringed by the Ordinances, policies and practices
Page 40 of 44
Plaintiffs because they infringe upon Plaintiffs’ First Amendment right of Free Association.
from the City of Tallahassee under §10-417, LDC because such discretionary zoning unduly
infringes upon Plaintiffs’ First Amendment right of Free Association.
may be entitled.
COUNT IV
SECTION 10-417 VIOLATES THE FIRST AMENDMENT BECAUSE IT PROVIDES
INSUFFICIENT ALTERNATIVE AVENUES OF COMMUNICATION
Page 41 of 44
First Amendment to the United States Constitution.
131. The CITY is obligated to provide sufficient locations where a religious mission,
like CITY WALK, which caters to the homeless population can open and operate.
132. The City’s Zoning Code restricts the location of Transitional Residential Facilities
in three ways:
A. They are not permitted in all zoning districts (being prohibited in any industrial
zoning);
B. They are subject to discretionary zoning approval under §10-417;
C. There are a host of subjective criteria under §10-417 which effectively limit
Transitional Residential Facilities only to those locations which City Staff believe will not affect
any residential and commercial properties within a half mile of the Facility.
133. In addition to the subjective criteria applied by potentially hostile City staff, two
features of §10-417 make it especially difficult to find locations within the City:
A. Transitional Residential Facilities must be located in proximity to mass
transportation [§10-147(f)(4)];
B. Transitional Residential Facilities cannot change the “character” of residential
districts within 500 feet [§10-147(f)(7)].
Because mass transport is invariably sited in proximity to residential districts, the zoning
code creates an unavoidable Catch-22 for Transitional Residential Facilities; the need to be near
bus stops inevitably brings them into conflict with residential neighbors.
Page 42 of 44
134. The CITY has employed the requirement for discretionary approval of
Transitional Residential Facilities as the basis to fine CITY WALK and has threatened to close
the mission and terminate Plaintiffs’ speech and religious rights.
135. Given the requirement for Type B Site Plan approval under §10-417, there are no
sites available for Transitional Residential Facilities as of right.
136. Section 10-417 and the accompanying procedures impose a prior restraint on
speech because government permission in the form of a Type B Site Plan is required before
speech can occur.
137. Because the Type B Site Plan process is discretionary, and therefore
unconstitutional, sites subject to that requirement do not “count” for purposes of determining the
number of available sites for Transitional Residential Facilities.
138. Given the restrictions of the Zoning Code and the subjective application of the
§10-417 there are no sites - or a constitutionally inadequate number of sites - available for
Transitional Residential Facilities anywhere with the City of Tallahassee.
139. Failure to provide sufficient locations where First Amendment-protected
charitable enterprises may open and operate as a matter of right renders a zoning code facially
unconstitutional and unconstitutional as applied to these Plaintiffs.
Page 43 of 44
Plaintiffs because they fail to provide alternative avenues of communication.
First Amendment on its face and as applied to the Plaintiffs.
may be entitled.
Respectfully Submitted,
DUDLEY, SELLERS, HEALY & BENJAMIN, AARONSON, EDINGER

HEATH, PLLC & PATANZO, P.A.
/s/ Gary S. Edinger

SHAWN M. HEATH, Esquire GARY S. EDINGER, Esquire
Florida Bar No.: 255970 Florida Bar No.: 0606812
SunTrust Financial Center, Ste 301 305 N.E. 1st Street
3522 Thomasville Road Gainesville, Florida 32601
Tallahassee, Florida 32309 (352) 338-4440/ 337-0696 (Fax)
(850) 528-0039 GSEdinger12@gmail.com
Shawn@DSHattorneys.com
Page 44 of 44
Case 4:22-cv-00061-AW-MAF Document 1-1 Filed 02/07/22 Page 1 of 3

(a) Purpose and intent. This section is promulgated in response to the needs of the
homeless within the community, including emergency shelter, short-term shelter and
transitional shelter, for the purpose of providing for the location of transitional
residential facilities within the city.
(b) Where allowed. Transitional residential facilities may be allowed in any zoning
district, with the exception of the industrial district, subject to the limitations and in
accordance with the procedures and minimum criteria set forth in this section.
(c) Approval procedure. New transitional residential facilities and expansions to existing
transitional residential facilities are subject to type B site plan approval.
(d) General information required. Any applicant requesting transitional residential
facility approval must submit the following general information for review in order
for the application to be considered complete:
(1) Statement describing the purpose of the facility;
(2) Statement justifying the need for the facility;
(3) Statement supporting the proposed location as appropriate for the facility;
(4) Statement of ownership and management of the proposed transitional residential
facility;
(5) Legal description and boundary survey signed and sealed by surveyor;
(6) Statement of traffic impact;
(7) General location map showing the relation of the proposed site to existing and
proposed features and land uses: major streets, existing utilities and public
features, and the land uses of the surrounding area;
(8) Statement of the size and capacity of the proposed transitional residential facility;
(9) Statement describing in detail, the character and intended use of the transitional
residential facility; and
(10) The following additional information shall be included for transient residential
facility sites which will require new construction:
a. Statement describing the type and availability of utilities and public facilities
to be used; and
b. Tabulation of the gross acreage of the site and the area to be devoted to
impervious surfaces such as structures and parking lots.
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(e) Specific information required. Any applicant requesting a transitional residential

facility approval must submit the following specific information for review in order
for the application to be complete.
(1) A security plan addressing the needs of the facility's residents as well as those of
the surrounding community, including a statement describing the special
supervision to be provided to residents;
(2) A description of all activities and uses to be conducted on the site;
(3) A description of any needs which may be required by residents of the transitional
residential facility which will not be available on site, and a statement indicating
how these needs will be met offsite;
(4) A plan indicating:
a. The size, location, height, and setbacks of all existing and proposed buildings
and other structures, including a description of the specific use of all
buildings and structures;
b. Any natural conditions which may affect the use of the site;
c. Off-street parking;
d. Driveway and access limitation controls;
e. Location and size of open spaces and landscaped areas or buffering elements;
f. The general architectural themes, appearance, and representative building
types; and
g. A schedule of any and all renovations or other activities proposed to improve
the appearance of any existing structures and grounds.
(f) Minimum criteria for the issuance of site plan approval. The development review
committee shall determine whether a transitional residential facility approval shall be
granted based on the finding that the following minimum criteria have been satisfied:
(1) The operation and location of the facility as proposed is consistent with the
comprehensive plan and applicable land development regulations;
(2) The facility would not create or cause a private nuisance, including but not limited
to noise, odor, health hazard, glare and unlawful activities, to adjacent properties;
(3) The facility will implement adequate security and supervision measures to
address the needs of the facility's residents as well as residents of adjacent lands
and their property;
(4) The facility is served by or easily accessible to mass transit;
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Page 2 of 3
(5) The facility will be of adequate size and design to reasonably accommodate its
projected capacity;
(6) The facility and its features are designed to be compatible with the general
architecture theme, appearance and representative building types of adjacent
properties and uses; and
(7) The intensity of use of the proposed facility does not unreasonably adversely
impact upon existing uses or change the character of the area in which it is located.
Intensity of the use of the proposed facility shall be determined based upon its
size, the number and type of accessory services to be provided, either by itself or
in conjunction with other group homes, community residential homes, and
transitional residential facilities located within a 2,400-foot distance of the site
boundaries. Adverse impacts shall be evaluated particularly with respect to
existing residential uses and districts within 500 feet of the site.
(Code 1984, ch. 27, §§ 16.1—16.6; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 01-O-
28AA, § 33, 10-24-2001)
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Sec. 9-155. Type B review.

Except for site plans for the establishment of new public or private schools, which are
subject to section 9-156 (Type C review), Type B review shall be applied to the types of
developments listed in subsections (1) through (5) of this section. For the purpose of this section,
nonresidential site plans include, but are not limited to commercial, office, institutional, and
industrial development.
(1) All non-residential development greater than 2,500 square feet or multi-family
development other than a triplex requesting a deviation or a variance to a development
standard.
(2) All development in the Government Operational-1 (GO-1) and all development except
for new heavy infrastructure in Government Operational-2 (GO-2) zoning districts.
(3) Land uses listed as special exceptions in the design review districts.
(4) New transitional residential facilities and expansions to existing transitional residential
facilities.
(5) Other Type B review site plans. A residential or nonresidential development in any
zoning district which has intensity/density or location characteristics arising from
proximity to existing or platted low density residential development, as determined by
the land use administrator, or which is proposed on a site with 40 or more percent
coverage by conservation or preservation areas as determined by the comprehensive
plan.
(6)—(9) Reserved.
(10) Review requirements.
a. Preapplication. The applicant may schedule an appointment and meet with the
land use administrator or technical assistance staff to discuss the application, the
procedures for review and approval and the applicable regulations and
requirements for the review type.
b. Application. The applicant shall submit the required site plan to the growth
management department for distribution to the development review committee.
c. Determination of completeness. Within five days after receipt of an application
for site plan approval, the director shall determine whether the application
contains all required information at the required level of detail. In the event that
the director determines that the application is not complete, the director shall
advise the applicant of the areas of insufficiency and shall specify the additional
information and level of detail required in order to declare the application
complete. In the event that an applicant fails to submit the required additional
information with 30 calendar days of notification of insufficiency, the director
shall consider the application to be withdrawn. The director may grant extensions
at the request of the applicant.
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Upon a determination of completeness, the director shall refer the application to

the development review committee.
d. Within ten calendar days after an application has been determined to be complete,
notice of the pending application shall be mailed by U.S. Mail to each owner of
any parcel which is the subject of the application, to each owner of any property
located within 1,000 feet of the subject property, and to the physical address of
any property located within 1,000 feet of the subject property. Notice shall also be
mailed to registered neighborhood associations within 1,000 feet of the parcel
which is subject of the hearing.
e. The property that is the subject of the application shall be prominently posted by
the applicant pursuant to the policies and procedures of the growth management
department. An application shall not be determined complete until the department
has verified that the property is properly posted.
f. The notice shall identify the property which is the subject of the pending
application, shall state the date, time and location of the meeting, and shall state
that members of the public have the right to speak at the meeting. The notice shall
further indicate the right of any aggrieved or adversely affected party to request a
quasi-judicial hearing pursuant to this Code, the time frames for requesting such a
hearing, and how to obtain the written procedures for a quasi-judicial proceeding.
g. Notice of the public hearing shall be published at least five calendar days in
advance of the hearing in a newspaper publication of regular and general
circulation in the city and county. Notice shall also be published in a second
newspaper publication in advance of the hearing in accordance with policies
adopted by the growth management department.
h. Post-application. At the time the application is submitted to the city, the applicant
may schedule an appointment to meet with technical assistance staff to discuss the
site plan application and address remaining technical issues related to the plan or
application. The meeting shall be held after distribution of development review
committee staff reports on the plan or application and before the development
review committee meeting on the site plan. Requests for meetings shall be
submitted to the growth management department.
i. Development review committee meetings. Meetings of the development review
committee are administrative in nature and not subject to the quasi-judicial
provisions of state statutes. No testimony may be received from any applicant or
member of the public during the course of the development review committee
meeting. Notwithstanding the foregoing, a development review committee
member may question the applicant or the applicant's representative present at the
meeting on technical issues related to the site plan. Such questions shall be limited
to inquiries seeking clarification of material in the application. Any members of
the public present at the meeting shall have an opportunity to speak on the same
technical issues. All comments by either the applicant or members of the public
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shall be limited to the question asked by the development review committee

member.
Pursuant to F.S. § 286.0114, members of the public shall be given an opportunity
at the beginning of each development review committee meeting to speak on any
proposition pending before the committee. The development review committee
agenda shall include an item for such public participation. Each speaker shall be
limited to three minutes, and the time set aside for such public participation shall
be limited to 30 minutes, unless extended by the chair. The chair may require, at a
meeting in which a large number of individuals wish to be heard, that a
representative of a group or faction on an item speak on behalf of the group or
faction rather than each individual speaking; and may designate the length of time
the representative may speak. Each speaker must complete a speaker form
provided by the committee, providing at a minimum his/her name, address, the
pending proposition on which he/she wishes to speak, and designating a
representative, if appropriate.
Each member of the development review committee is responsible for providing
proposed written findings which identify whether a development meets the
applicable criteria and standards of this section and those imposed by other codes,
regulations, and adopted standards of the city. The proposed written findings shall
be transmitted to other members of the development review committee, the
applicant, and made available for public inspection at least one working day prior
to consideration by the development review committee. The proposed written
findings shall be the basis for a recommendation by each development review
committee member to the other development review committee members to
approve, approve with conditions, deny, or continue consideration of an
application to a date and time certain.
j. Development review committee review. The development review committee shall
review the plans at their next regularly scheduled meeting, prepare and submit to
the chair a preliminary decision with an itemized list of findings of fact which
support approval, approval with conditions, or denial of the application; or request
additional material and data determined to be necessary to undertake the required
review and continue its review to a date and time certain. The chair of the
development review committee shall render the development review committee's
preliminary decision, and mail a copy to the applicant within five days of the
decision by the development review committee. The preliminary decision shall
include a statement that any party may request a quasi-judicial proceeding on the
preliminary decision as provided in this section.
k. Site plan revisions. The applicant shall have 90 calendar days from the date of the
development review committee meeting when final action is taken to submit a
revised site plan to include any conditions of approval for the site plan imposed by
the development review committee. The development review committee members
or their designees shall review any such changes for acceptance within ten days of
the receipt. Before the site plan can be accepted as the final approved site plan, it
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Page 3 of 4
shall bear the signature of the director. The director shall not sign the site plan
until written authorization from each development review committee member of
his/her designee has been provided to indicate that the site plan meets the
conditions of approval required by the development review committee. If a school
proportionate fair-share mitigation development agreement is required as a
condition of approval, the growth management director shall not sign the revised
site plan submittal until the development agreement has been executed by all
parties. Upon written request from the applicant, one 90-day extension may be
granted to the applicant by the land use administrator for submittal of the revised
site plan. Failure by the applicant to submit a revised site plan within the time
frames specified in this subsection shall deem the site plan null and void.
l. Quasi-judicial proceedings. The preliminary decision of the development review
committee shall become final 30 calendar days after it is rendered unless a person
who qualifies as a party under chapter 2, article III, division 2, subdivision II, of
this Code pays the filing fee and files the petition for quasi-judicial proceedings in
accordance with chapter 2, article III, division 2, subdivision II, of this Code and
the bylaws of the planning commission. Failure to pay the filing fee, and/or to file
the petition as required is jurisdictional and shall result in the waiver of the right
to petition for quasi-judicial proceedings.
(Code 1984, ch. 27, § 21.4; Ord. No. 95-O-0025AA, 9-13-1995; Ord. No. 96-O-0033AA, § 16,
12-11-1996; Ord. No. 97-O-0027AA, § 52, 7-8-1997; Ord. No. 97-O-0052AA, § 7, 10-22-1997;
Ord. No. 98-O-0028AA, § 11, 6-24-1998; Ord. No. 01-O-28AA, § 43, 10-24-2001; Ord. No. 01-
O-64AA, § 8, 10-24-2001; Ord. No. 03-O-58, § 5, 12-10-2003; Ord. No. 04-O-28AA, § 3, 3-31-
2004; Ord. No. 04-O-43AA, § 6, 6-23-2004; Ord. No. 05-O-16AA, § 5, 3-30-2005; Ord. No. 05-
O-40AA, § 2, 7-13-2005; Ord. No. 06-O-07AA, § 4, 1-25-2006; Ord. No. 06-O-43, § 4, 7-12-
2006; Ord. No. 07-O-12, § 5, 3-28-2007; Ord. No. 07-O15, § 5, 3-28-2007; Ord. No. 08-O-
13AA, § 8, 10-22-2008; Ord. No. 09-O-27AA, § 4, 10-28-2009; Ord. No. 10-O-36, § 2, 10-12-
2010; Ord. No. 11-O-17AA, § 4, 9-21-2011; Ord. No. 13-O-30, § 3, 11-26-2013; Ord. No. 19-O-
07, § 7, 4-24-2019)
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- LAND DEVELOPMENT CODE

Chapter 2 - ADMINISTRATION
ARTICLE III. - BOARDS, COMMITTEES AND COMMISSIONS
DIVISION 2. - TALLAHASSEE-LEON COUNTY PLANNING COMMISSION
Subdivision II. Quasi-Judicial Proceedings
Subdivision II. Quasi-Judicial Proceedings 1
Sec. 2-131. Definitions.

The definitions and rules of construction in section 1-2 apply to this subdivision.
(Code 1984, ch. 27, § 24.2; Ord. No. 01-O-64AA, § 10(24.2), 10-24-2001)
Sec. 2-132. Applicability.

(a) This subdivision shall govern all quasi-judicial proceedings before the planning
commission.
(b) For advanced technology projects that have been qualified by the state office of tourism,
trade, and economic development (OTTED) pursuant to F.S. § 403.973, the provisions of
sections 2-131 through 2-139 shall not apply. Appeals by parties with standing shall be
made directly to circuit court by petition for writ of certiorari within 30 days after final
action on the application.
(Code 1984, ch. 27, §§ 24.1, 24.10; Ord. No. 01-O-64AA, § 10(24.1), 10-24-2001; Ord. No. 02-
O-45AA, § 4, 7-10-2002)
Sec. 2-133. Decisions subject to quasi-judicial proceedings; filing deadlines.

(a) Quasi-judicial proceedings shall be afforded to any person who qualifies as a party with
standing to initiate a quasi-judicial proceeding as defined in this subdivision and who timely
files a petition for quasi-judicial proceedings. Decisions subject to quasi-judicial
proceedings include: planning commission decisions or recommendations (as applicable) on
developments of regional impact or state quality developments, type C and D site plans and
zoning map amendments; decisions of the director of growth management on type A site
plans and limited partitions; decisions of the development review committee on type B site
plans, and preliminary plats; decisions of the land use administrator on certificates of
exemption in connection with governmental right-of-way takings, and decisions of the
architectural review board (ARB) on certificates of appropriateness.
(b) Decisions of the land use administrator, the growth management director, the DRC, or the
ARB become final 30 calendar days after they are rendered unless a party files a petition for
quasi-judicial proceedings in accordance with the bylaws. The petition for quasi-judicial
Editor's note(s)—Ord. No. 07-O-12, § 2, adopted March 28, 2007, change the title of subdivision II from "Formal
1
proceedings" to "Quasi-judicial proceedings."
Tallahassee, Florida, Land Development Code Created: 2021-08-18 09:55:36 [EST]
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proceedings must be filed within 30 calendar days after the decision sought to be challenged
is rendered.
(c) To initiate quasi-judicial proceedings where the planning commission will make the original
decision or recommendation, a petition for quasi-judicial proceedings must be filed within
15 calendar days after the planning commission renders its preliminary decision on an
application.
(d) The planning commission's preliminary decision shall be the action it takes on the planning
department staff's recommendation on a proposed rezoning or other application. The
planning commission may approve the staff's recommendation as submitted, may revise it
prior to approval, or may reject it. The preliminary decision shall be rendered when the
planning commission files it with the clerk of the planning commission. The preliminary
decision shall become final 15 calendar days after it is rendered unless a person who
qualifies as a party as defined in this Code files a petition for quasi-judicial proceedings in
accordance with this subdivision and the bylaws of the planning commission.
(e) Failure to file the petition within the time specified in this section will result in waiver of the
right to quasi-judicial proceedings. The planning commission clerk will dismiss any late-
filed petition.
(f) Whenever the city ordinances require notice of proceedings before the planning commission
to be published in a newspaper of general circulation, unless stated otherwise in the
ordinance, such notice shall be published no later than 21 calendar days before the public
hearing. The notice shall include the subject matter of the proceeding; the date, time, and
place of the hearing; and general information about citizen participation and the
requirements for status as a party. The notice shall also include the name, address, and
telephone number of the appropriate city department employee who can provide additional
information about the proceeding and about the requirements for party status.
(g) Any action to challenge the consistency of a development order with this Code shall be
brought in the same proceeding as a challenge of the consistency of a development order
with the comprehensive plan. Any claim of inconsistency of a development order with this
Code not brought in the same proceeding shall be waived.
(Code 1984, ch. 27, § 24.3; Ord. No. 01-O-28AA, § 47, 10-24-2001; Ord. No. 01-O-64AA, §
10(24.3), 10-24-2001; Ord. No. 05-O-14AA, § 1, 4-27-2005; Ord. No. 07-O-12, § 2, 3-28-2007)
Sec. 2-134. Standing to initiate.

Quasi-judicial proceedings may be initiated by the applicant, the local government with
jurisdiction, or by persons who will suffer an adverse effect to an interest protected or furthered
by the comprehensive plan or this Code, including interests related to health and safety, police
and fire protection service systems, densities or intensities of development, transportation
facilities, health care facilities, equipment or service, or environmental or natural resources. The
alleged adverse effects to an interest may be shared in common with other members of the
community at large, but shall exceed in degree the general interest in community good shared by
all persons.
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(Code 1984, ch. 27, § 24.4; Ord. No. 01-O-64AA, § 10(24.4), 10-24-2001; Ord. No. 07-O-12, §
2, 3-28-2007)
Sec. 2-135. Nature of quasi-judicial proceedings.

(a) All quasi-judicial proceedings before the planning commission and proceedings before an
administrative law judge pursuant to section 2-138 shall be de novo proceedings. Unless all
parties waive formal proceedings, the parties shall be given an opportunity to present
testimony and evidence, to cross examine witnesses, and to present proposed findings of
fact.
(b) No ex parte communication shall be permitted during the pendency of a quasi-judicial
matter before the planning commission.
2, 3-28-2007)
Editor's note(s)—Ord. No. 07-O-12, § 2, adopted March 28, 2007, changed the title of § 2-135
from "Nature of proceedings" to "Nature of quasi-judicial proceedings." The historical
notation has been preserved for reference purposes.
Sec. 2-136. Required contents of the petition for quasi-judicial proceedings.

(a) All petitions for quasi-judicial proceedings must be in writing. The petition must include:
(1) The title or the name of the person or entity making the decision being challenged; or
the name of the applicant for a planning commission original decision or
recommendation on a rezoning application; and project name, if applicable.
(2) The date the decision being challenged was rendered.
(3) The names, addresses, and telephone and facsimile numbers of the petitioner, the
applicant, and the petitioner's representative.
(4) An explanation of how each petitioner's substantial interests will be adversely affected
by the challenged decision.
(5) A statement of when and how the petitioner received notice of the preliminary
decision.
(6) A statement of all disputed issues of material fact.
(7) A concise statement of the ultimate facts alleged, including the specific facts the
petitioner contends warrant reversal or modification of the challenged decision.
(8) A statement of the specific ordinance provisions the petitioner contends require
reversal or modification of the challenged decision.
(9) A statement of the relief sought by the petitioner, stating the action petitioner wishes
the planning commission to take.
(10) The signature of each petitioner or his attorney and the date of the filing of the petition.
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(11) A certificate of service, indicating the date that the petition was served on each party.
(b) The planning commission bylaws will include a form to be used for filing the petition. The
petition form will include a check-off box relative to mediation. If mediation is not desired,
the box must be checked off. As provided in section 2-138, if the petition does not indicate
that mediation is not desired, mediation shall be conducted, unless declined by any other
party within five days of filing of the petition.
(Code 1984, ch. 27, § 24.6; Ord. No. 01-O-64AA, § 10(24.6), 10-24-01; Ord. No. 07-O-12, § 2,
3-28-2007)
Editor's note(s)—Ord. No. 07-O-12, § 2, adopted March 28, 2007, changed the title of § 2-136
from "Required contents of the petition for proceedings" to "Required contents of the
petition for quasi-judicial proceedings." The historical notation has been preserved for
reference purposes.
Sec. 2-137. Determination of standing.

The planning commission attorney shall within five days of the date a petition for quasi-
judicial proceedings is filed, determine whether the person or entity filing the petition has alleged
sufficient facts to establish entitlement to quasi-judicial proceedings. A determination of standing
will be provided to the petitioner and to the applicant. An amended petition may be filed within
five days of the receipt of an unfavorable determination of standing. A second determination of
standing shall be issued within five days of the receipt of an amended petition. A party seeking to
challenge a second unfavorable determination of standing may do so by filing a motion for
reconsideration with the planning commission within three days of receipt. The determination of
standing is only a preliminary determination that the petitioner has alleged sufficient facts in the
petition to establish standing. A petitioner will still be required to prove standing in the formal
evidentiary hearing to be conducted in the matter, unless waived by the parties.
2, 3-28-2007)
Sec. 2-138. Hearing procedures.

(a) Petitions for quasi-judicial proceedings filed pursuant to subsection 2-133(c) by persons or
entities who have been determined to have standing pursuant to section 2-137 and any
motions to dismiss shall be referred by the planning commission clerk to the division of
administrative hearings, except for petitions for quasi-judicial proceedings on ARB
decisions, which shall be scheduled to be heard before the planning commission.
(b) Mediation. At the same time the planning commission clerk will submit the petition to a
mediator unless the petitioner has indicated in the petition that mediation is not desired. If
the petition does not indicate that mediation is not desired, mediation shall be conducted,
unless declined by any other party within five days of filing of the petition. To facilitate
prompt resolution, parties with authority to settle the dispute shall attend the mediation.
Mediation shall be completed with 45 calendar days of filing of a petition. If mediation is
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successful, a mediation stipulation signed by the parties and the mediator shall be submitted
to the planning commission for review and a notice of voluntary dismissal of the request for
quasi-judicial proceedings shall be filed by the petitioner with the administrative law judge
and the planning commission clerk. The mediation stipulation shall include findings of fact,
conclusions of law, and a recommendation. The planning commission shall treat the
mediation stipulation as if it were a recommended order from an administrative law judge,
except that the parties may file no exceptions.
(c) Quasi-judicial proceedings for ARB decisions. Upon filing a petition for quasi-judicial
proceedings on an ARB decision, or at any time prior to the hearing on the petition, the
petitioner may waive the formal procedures outlined in subsection 2-138(i). If all parties
agree that the formal procedures in subsection 2-138(i) are waived, the hearing before the
planning commission may proceed informally under the direction of the planning
commission chair. The planning commission decision shall be made in accordance with
section 2-139 herein. If all parties do not waive the formal procedures in subsection 2-
138(i), the hearing shall be conducted in accordance with that section, with the planning
commission chair having the powers of the administrative law judge.
(d) The city commission shall appoint and retain hearing officers or shall contract with the state
division of administrative hearings for administrative law judges to conduct hearings on
petitions for quasi-judicial proceedings filed pursuant to subsection 2-133(c). Hearing
officers and administrative law judges shall be referred to in this section collectively as
administrative law judges.
(e) Any hearing officer appointed or retained by the city commission shall be a licensed
attorney with the state bar who has practiced law in the state for at least five years, and who
has experience in land use law, real estate law, local government law, or administrative law.
No hearing officer shall represent clients before any city agency during the period in which
he serves as a hearing officer. Each hearing officer shall serve at the pleasure of the city
commission, and shall be compensated at a rate to be fixed by the city attorney.
(f) No city employee, elected official, or other person who is or may become a party to a
proceeding before an administrative law judge shall engage in an ex parte communication
with the administrative law judge. However, the foregoing does not prohibit discussions
between the administrative law judge and city staff that pertain solely to scheduling and
other administrative matters unrelated to the merits of the petition. If a person engages in an
ex parte communication with the administrative law judge, the administrative law judge
shall place on the record of the pending case all ex parte written communications received,
all written responses to such communications, a memorandum stating the substance of all
oral communications received and all oral responses made, and shall advise all parties that
such matters had been placed on the record. Any party desiring to rebut the ex parte
communication shall be entitled to do so, but only if such party requests the opportunity for
rebuttal within ten days after notice of such communication or, if the final hearing is
scheduled sooner than ten days, prior to the end of the final hearing. If he deems it
necessary due to the effect of an ex parte communication received, the administrative law
judge may withdraw from the case.
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(g) The administrative law judges who conduct hearings on petitions pursuant to this section
shall have the powers of administrative law judges enumerated in F.S. § 120.569(2)(d).
(h) At any time after a matter has been assigned to an administrative law judge, the
administrative law judge may enter a procedural order requiring all parties to confer for the
purpose of clarifying and simplifying the issues, discussing possibilities of settlement,
examining documents and other exhibits, stipulating to as many facts as possible,
exchanging names and addresses of witnesses, resolving other procedural matters, and
entering into a prehearing stipulation. The administrative law judge may require the parties
to exchange expert witness reports prior to the hearing.
(i) Hearings shall be conducted in the following manner:
(1) All hearings shall be held within 60 calendar days of the date the petition for quasi-
judicial proceedings was filed with the clerk of the planning commission, unless all
parties stipulate in writing to a later hearing date.
(2) All hearings shall be open to the public. Members of the public shall be permitted to
testify at the quasi-judicial proceeding.
(3) Notice of proceedings before the administrative law judge shall be published 15
calendar days before the quasi-judicial hearing.
(4) The parties in a quasi-judicial proceeding shall be the city, the applicant(s), the
petitioner(s), and any intervenors. The participants before the administrative law judge
shall be the applicant, the applicant's witnesses, city staff, city witnesses, and other
parties as the term party is defined in this subdivision, and witnesses of the parties, if
any.
(5) An initial record shall be prepared by the planning commission clerk and provided to
the administrative law judge no less than ten days before the hearing. The initial record
shall include the following:
a. The determination of standing;
b. The petition for quasi-judicial proceedings and documentary evidence attached
thereto;
c. A staff report identifying the item, providing a summary of the actions prior to
administrative law judge review, the standards for review, the staff
recommendation, factors supporting the staff recommendation, and any other
information the staff deems applicable;
d. Proposed findings filed by the parties, if applicable; and
e. Such other materials as may be received from the parties ten days before the
hearing, such as resumes and expert witness reports that may not have been
included in the petition.
(6) All witnesses and the general public shall testify under oath. Testimony and evidence
shall be limited to matters directly relating to the application and proposed
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development. Irrelevant, immaterial, or unduly repetitious testimony or evidence may

be excluded.
(7) The order of presentation of testimony and evidence shall be as follows, unless
otherwise ordered by the administrative law judge:
a. A brief summary of the application;
b. Testimony from members of the public who are not parties or witnesses of a
party, unless the administrative law judge provides another time;
c. Opening comments from the petitioner;
d. Opening comments from the city;
e. Opening comments from the applicant, if the applicant is not the petitioner;
f. Petitioner's case;
g. City's case;
h. Applicant's case, if the applicant is not the petitioner;
i. Rebuttal from the petitioner.
(8) The administrative law judge shall permit reasonable cross-examination of witnesses
by the parties.
(9) The administrative law judge may call and question witnesses or request additional
evidence as he deems necessary and appropriate.
(10) The administrative law judge may order the hearing continued until a date certain if
necessary to obtain additional information necessary for determination of the matters at
issue.
(11) The administrative law judge shall decide all questions of procedure and admission of
evidence.
(12) Each witness and members of the general public shall complete a speaker form to be
supplied by the clerk of the planning commission prior to testifying. The speaker forms
shall become part of the record.
(j) At the conclusion of the hearing, the administrative law judge shall consider all relevant
evidence and the proposed findings submitted by the parties, and shall file a recommended
order with the clerk of the planning commission within 30 calendar days of the date of the
hearing, unless all parties stipulate in writing to a later date. Pursuant to F.S. §
163.3215(4)(f), the standard of review applied by the administrative law judge in
determining whether a proposed development order is consistent with the comprehensive
plan shall be strict scrutiny in accordance with state law. The administrative law judge's
recommended order shall approve or deny, in whole or in part, the request of the petitioner;
and shall include findings of fact and conclusions of law, separately stated within the
recommended order.
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(k) The parties shall have ten calendar days from the date the recommended order is served to
file specific, written exceptions to the recommended order with the clerk of the planning
commission. Exceptions shall include appropriate references to the record before the
administrative law judge. A response to the objections may be filed pursuant to the bylaws.
(l) Upon receipt of the recommended order from the administrative law judge, and after the
deadline for receipt of exceptions thereto, the clerk of the planning commission shall
schedule the recommended order for consideration by the planning commission.
(m) During its consideration of the recommended order at a duly notified public hearing, the
planning commission will take comment from any parties who desire to submit comments
in favor of or in opposition to the recommended order. The planning commission may
address questions to the parties, including city staff, or to anyone else related to the
recommended order at its discretion. In addition, the planning commission will allow each
party, including city staff, up to 15 minutes for oral presentation or argument. No party,
including city staff, may submit new evidence to the planning commission; presentation
must be confined to evidence made part of the record before the administrative law judge.
(n) The planning commission shall adopt the recommended order, adopt the recommended
order with changes, or direct staff to prepare a revised order. The planning commission may
also remand the recommended order to the administrative law judge, if additional findings
are necessary. The planning commission shall not change any findings of fact reached by
the administrative law judge unless after review of the entire record, the planning
commission finds there is no competent substantial evidence to support the administrative
law judge's findings. The planning commission may change conclusions of law if it is found
that the administrative law judge did not apply the correct law. If the planning commission
directs staff to prepare a revised order, the revised order shall be submitted to the planning
commissioners. The chair shall sign the order. If one or more planning commissioners
indicate to the clerk of the planning commission that the order does not reflect the vote, the
clerk shall agenda the order for a regular planning commission meeting for final action.
Objections to a draft order must be submitted to the planning commission clerk within five
days of transmittal of the draft to the commissioners. If no objections are received by the
planning commission clerk within five days of transmittal of the draft to the commissioners,
the planning clerk shall date stamp the final order and it shall be considered "rendered" at
that time. A copy of the final order shall then be served on the parties.
(o) Decisions by the planning commission based on the recommendation of an administrative
law judge may be challenged in the circuit court for the second judicial circuit by petition
for writ of certiorari filed no later than 30 calendar days after the planning commission's
final decision is rendered.
(p) Neither the planning commission nor the city will provide or prepare a record of the
proceedings before the administrative law judge other than what is required in this section
for submission to the planning commission. If a person decides to challenge any decision
made by the planning commission on recommendations from an administrative law judge
and such person needs a record of the administrative law judge proceedings or of the
planning commission proceedings on the administrative law judge's recommended order,
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such person will need to ensure that a verbatim record of the administrative law judge's
proceedings and the planning commission proceedings is made pursuant to F.S. § 286.0105.
(Code 1984, ch. 27, § 24.8; Ord. No. 01-O-64AA, § 10(24.8), 10-24-2001; Ord. No. 05-O-14AA,
§ 2, 4-27-2005; Ord. No. 07-O-12, § 2, 3-18-2007)
Editor's note(s)—Ord. No. 05-O-14AA, § 2, adopted April 27, 2005, changed the title of § 2-138
from "Hearing officer procedures" to "Hearing procedures." The historical notation has been
preserved for reference purposes.
Sec. 2-139. Decisions of the commission.

(a) All planning commission decisions shall be based upon competent, substantial evidence
presented to the planning commission or to an administrative law judge. The standard of
review for consistency of a development order with the comprehensive plan shall be strict
scrutiny in accordance with state law.
(b) All evidence must be presented to the planning commission in accordance with the bylaws.
(c) The planning commission shall render an order in all quasi-judicial proceedings that shall be
promptly filed in the office of the clerk of the planning commission and delivered to all
parties.
2, 3-18-2007)
Secs. 2-140—2-155. Reserved.
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BYLAWS
OF THE
TALLAHASSEE-LEON
COUNTY PLANNING COMMISSION
These Bylaws govern the actions of the Tallahassee-Leon County Planning Commission in its
capacity as the Planning Commission, the Local Planning Agency, and the Land Development
Regulation Commission.
Adopted by the Planning Commission on 6/26/96, amended: 11/3/97, 1/10/00, 5/16/01, 12/3/01, 11/3/03,
5/01/07, 06/05/12, 02/02/16
Approved by the City Commission on 7/10/96, 11/25/97, 3/8/00, 10/24/01, 4/24/02, 12/10/03, 5/01/07, 06/27/12,
3/23/16
Approved by the County Commission on 7/17/96, 11/18/97, 2/22/00, 10/30/01, 4/9/02, 12/9/03, 06/26/12,
3/8/16
56508899;1
TABLE OF CONTENTS
Statement of Purpose; How to Use These Bylaws...........................................................................1

Part I -Tallahassee-Leon County Planning Commission .....................................................2
Article I - Definitions .......................................................................................................................2
Section 1. Definitions..........................................................................................................2
Article II - Membership, Terms, Meetings, Place of Meetings and Duties .....................................4
Section 1. Membership; Termination; Attendance Report by the Clerk ............................4
(a) Membership .......................................................................................................4
(b) Termination .......................................................................................................4
(c) Attendance Report by the Clerk ........................................................................4
Section 2. Terms .................................................................................................................4
Section 3. Regular Meetings ...............................................................................................4
Section 4. Special Meetings ................................................................................................5
Section 5. Place of Meetings ...............................................................................................5
Section 6. Offices ................................................................................................................5
Section 7. Duties .................................................................................................................5
Article III - Quorum .........................................................................................................................7
Section 1. Quorum ..............................................................................................................7
Section 2. Specific Provision for Leon County Appointees ...............................................8
Article IV - Officers .........................................................................................................................8
Section 1. Officers ..............................................................................................................8
Article V - Passage of Motions or Matters ......................................................................................8
Section 1. Motions or Matters for Regular Business ..........................................................8
Section 2. Motions or Matters Amending Bylaws ..............................................................8
Article VI - Reconsideration ............................................................................................................8
Section 1. Decisions Involving Applications Coming Before the Commission .................8
Section 2. Reconsideration of Other Decisions ..................................................................9
Article VII - Continuances; Computation of Time ..........................................................................9
Section 1. Continuances ......................................................................................................9
Section 2. Computation of Time .........................................................................................9
Article VIII - Amendments to Applications; Conditions Giving Rise to Re-notice and
Additional Public Hearings on Amendments ............................................................9
Section 1. Amendments to Applications; Consideration of Amendments; Review by
Staff ....................................................................................................................9
(a) Amendments to Applications ............................................................................9
(b) Consideration of Amendments ..........................................................................9
(c) Review by Staff ...............................................................................................10
Section 2. Conditions Giving Rise to Re-notice and Additional Public Hearing .............10
Article IX - Procedures for Formal Quasi-Judicial Proceedings ...................................................10
Section 1. Scope; Effect of Filing Petition for Formal Quasi-judicial Proceedings
on Decisions (Subject to Review Under this Article) of the City of
Tallahassee Land Use Administrator, City of Tallahassee Director of
Growth Management or Designee, City Development Review
Committee and Leon County Administrator or Designee; Formal
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Quasi-Judicial Proceedings; Applicability of Article IX; Who May

Initiate Formal Quasi-judicial Proceedings; Representation; Filing
Deadlines; De Novo Review; Status of Other Parties; Filing of
Original Documents; Where to File; Filing Deadlines Jurisdictional;
Copies; Required Contents of Petition for Formal Quasi-judicial
Proceedings; Filing Fees; Notice of Filing Requirements;
Determination of Standing; Motion to Dismiss; Dismissal by Clerk of
the Planning Commission; Intervention...........................................................10
(a) Scope ...............................................................................................................11
(b) Effect of Filing Petition for Formal Quasi-judicial Proceedings on
Decisions (Subject to Review Under this Article) of the City of
Tallahassee Land Use Administrator, City of Tallahassee Director of
Growth Management or Designee, City Development Review
Committee, and Leon County Administrator or Designee ..............................11
(c) Formal Quasi-Judicial Proceedings .................................................................11
(d) Applicability of Article IX ..............................................................................13
(e) Who May Initiate Formal Quasi-judicial Proceedings; Representation ..........13
(f) Filing Deadline for Appeals of Decisions of the City of Tallahassee Land Use
Administrator, City of Tallahassee Director of Growth Management, City
Development Review Committee, and Leon County Administrator or
Designee; De Novo Review .............................................................................13
(g) Filing Deadline for Planning Commission Decisions or Recommendations;
De Novo Review ..............................................................................................13
(h) Status of Other Parties .....................................................................................14
(i) Filing of Original Documents; Where to File; Filing Deadlines
Jurisdictional; Copies. ......................................................................................14
(j) Required Contents of Petition for Formal Quasi-judicial Proceedings; Filing
Fees; Notice of Filing Requirements ...............................................................14
(k) Determination of Standing ..............................................................................15
(l) Motion to Dismiss ............................................................................................16
(m) Dismissal by Clerk of the Planning Commission ..........................................16
(n) Intervention .....................................................................................................16
Section 2. Filing of Original Documents with the Clerk of the Planning Commission;
Service of Copies to Parties; Certificate of Service Required; Effect of
Signature ..........................................................................................................17
(a) Filing of Original Documents with the Clerk of the Planning Commission ...17
(b) Service of Copies to Parties ............................................................................17
(c) Certificate of Service Required .......................................................................17
(d) Effect of Signature ...........................................................................................17
Section 3. Prehearing Procedures ....................................................................................17
(a) Transmittal of Petition to the Division of Administrative Hearings;
Administrative Law Judges; Verbatim Record Required ................................17
(b) Procedural Orders and Discovery ...................................................................18
(c) Time for Requesting Procedural Orders ..........................................................19
(d) Mediation ........................................................................................................19
(e) Notice of Formal Quasi-judicial Evidentiary Hearing ....................................19
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Section 4. Public Testimony .............................................................................................20

Section 5. Evidence; Burden of Proof...............................................................................20
(a) Evidence ..........................................................................................................20
(b) Burden of Proof ...............................................................................................20
Section 6. Rules Incorporated by Reference .....................................................................20
Section 7. Order for Presenting Evidence .........................................................................20
Section 8. Supplementing the Record; Ex Parte Communications Prohibited .................21
(a) Supplementing the Record ..............................................................................21
(b) Ex Parte Communications ...............................................................................21
Section 9. Continuances; Computation of Time ...............................................................21
(a) Continuances ...................................................................................................21
(b) Computation of Time ......................................................................................21
Section 10. Recommended Order and Record; Transcript; Exceptions; Response
to Exceptions; Scheduling; Consideration of the Recommended
Order; Action on the Recommended Order ...................................................22
(a) Recommended Order and Record ...................................................................22
(b) Transcript ........................................................................................................22
(c) Exceptions .......................................................................................................22
(d) Response to Exceptions...................................................................................22
(e) Scheduling .......................................................................................................22
(f) Consideration of the Recommended Order......................................................23
(g) Action on the Recommended Order ................................................................23
Section 11. Rendition of Decisions of the Planning Commission ....................................23
Section 12. Order Closing File; Settlement Agreements ..................................................23
Article X - Agendas .......................................................................................................................24
Article XI - Conflict of Interest .....................................................................................................24
Article XII - Other Rules of Procedure ..........................................................................................24
Article XIII - Clerk of the Planning Commission; Clerk of the Local Planning Agency;.............24
Section 1. Clerk of the Planning Commission ..................................................................24
Section 2. Clerk of the Local Planning Agency................................................................24
Article XIV - Informal Procedures for Quasi-judicial Proceedings; Waiver of Formal
Quasi-judicial Procedures........................................................................................25
Section 1. Waiver of Formal Quasi-judicial Procedures ..................................................25
Section 2. Informal Procedures .........................................................................................25
Article XV - Procedures for Projects Governed By Section 403.973, F.S. (City of
Tallahassee Only)......................................................................................................25
Section 1. Section 403.973, Florida Statutes, Projects .....................................................25
Article XVI – Compliance with Florida Laws and Codes .............................................................25
Section 1. Public Records Law and E-Mails .....................................................................25
Section 2. Government in the Sunshine Law .....................................................................25
Section 3. Code of Ethics ...................................................................................................26
Part II – Tallahassee-Leon County Local Planning Agency..............................................26
Article I - Name and Authorization ...............................................................................................26
Section 1. Name ................................................................................................................26
Section 2. Authorization ...................................................................................................26
Article II - Duties and Responsibilities..........................................................................................26
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Section 1. Monitor and Recommend ................................................................................26

Section 2. Coordination with Governmental Entities .......................................................26
Section 3. Level of Service Standards ..............................................................................27
Section 4. Planning Coordination .....................................................................................27
Section 5. Resolving Conflict ...........................................................................................27
Section 6. Mediation .........................................................................................................27
Section 7. Target Issues ....................................................................................................27
Section 8. Permitting Process ...........................................................................................27
Section 9. General Duties .................................................................................................27
Article III – Officers and Duties ....................................................................................................27
Section 1. Designation of Officers ....................................................................................27
Section 2. Duties ...............................................................................................................27
Article IV – Meetings and Locations .............................................................................................28
Section 1. Meetings ...........................................................................................................28
Section 2. Meeting Locations ...........................................................................................28
Article V - General Provisions .......................................................................................................28
Section 1. Voting Rights ...................................................................................................28
Section 2. Parliamentary Procedure ..................................................................................28
Article VI - The Goal of Public Participation Procedures .............................................................28
Section 1. The Goal of Public Participation......................................................................28
Article VII - Objectives of Public Participation Procedures ..........................................................28
Section 1. Objectives ........................................................................................................28
Article VIII - Public Participation Procedures ...............................................................................29
Section 1. Public Participation Procedures; Newspaper Advertising; Mailing List; Free
Publicity; Meetings; Information Depositories; Written Comments; Public
Hearings; Workshop Sessions; Modification to Proposed Amendments ........29
(a) Public Participation Procedures .......................................................................29
(b) Newspaper Advertising ...................................................................................29
(c) Mailing List .....................................................................................................29
(d) Free Publicity ..................................................................................................29
(e) Meetings ..........................................................................................................30
(f) Information Depositories .................................................................................30
(g) Written Comments ..........................................................................................30
(h) Public Hearings ...............................................................................................30
(i) Workshop Sessions ..........................................................................................30
(j) Modification to Proposed Amendments...........................................................30
Appendix I Form For Petition for Formal Quasi-judicial Proceedings .........................................31
Appendix II Adopted Division of Administrative Hearings Rules ................................................35
Appendix III Florida Statute 112.3143, Florida Statutes - Voting Conflicts .................................37
Appendix IV Procedure for Selection of Planning Commission Mediator ...................................40
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STATEMENT OF PURPOSE; HOW TO USE THESE BYLAWS
Statement of Purpose. The Tallahassee-Leon County Planning Commission (hereinafter

called "Planning Commission") was duly established by virtue of an interlocal agreement dated
September 26, 1967, between the County of Leon and the City of Tallahassee. This agreement,
as amended, designates the Planning Commission as the entity responsible for comprehensive
areawide planning within the City of Tallahassee and Leon County. The Planning Commission
is also the duly designated Local Planning Agency and Land Development Regulation
Commission pursuant to Chapter 163, Florida Statutes. Duties and responsibilities of the
Planning Commission are set forth in the interlocal agreement, these Bylaws, and the codes of
the City of Tallahassee and Leon County.
How To Use These Bylaws. These Bylaws set forth the procedure to be followed and
adhered to by the Planning Commission in discharging its assigned duties and responsibilities
and by all persons bringing matters before the Planning Commission. The provisions of Part I
govern the activities of the Planning Commission when it sits as the Planning Commission and
as the Land Development Regulation Commission. The provisions of Part II govern the
activities of the Planning Commission when it sits as the Local Planning Agency. To the extent
applicable, the provisions of Part I shall also govern the activities of the Local Planning Agency.
In the event that specific provisions in Part II are in direct conflict with the provisions in Part I,
the provisions of Part II shall control as to the activities of the Local Planning Agency.
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PART I
TALLAHASSEE-LEON COUNTY PLANNING
COMMISSION
ARTICLE I - DEFINITIONS
Section 1. Definitions. As used in these Bylaws:
(a) "Appeal" means a de novo formal quasi-judicial proceeding to review the decision of
a City or County official or committee. In such a review no presumption of correctness is
afforded to the decision under review.
(b) "Applicant" means the person filing an application for approval of a site plan, plat,
rezoning or other action to be taken by the City, County or Planning Commission.
(c) "City" means the City of Tallahassee.
(d) "Commission" means the Tallahassee-Leon County Planning Commission unless the
context of the sentence implies that the reference is to the Tallahassee City Commission
or the Leon County Commission.
(e) "County" means Leon County.
(f) "Days" means working days, unless otherwise stated.
(g) "De novo proceeding" means a formal quasi-judicial proceeding wherein the parties
submit testimony and evidence in support of their position and the reviewing body
evaluates the issues raised in a petition as if they were being reviewed for the first time.
(h) "Documentary evidence" means any document, memorandum, letter, expert or lay
report, resume, data, chart, diagram, survey, drawing or other writing whether printed or
on computer disk or external storage drive, any video or audio tape, film, slide, overhead
projection or photograph.
(i) "Development Review Committee" or "DRC" means the Development Review

Committee of the City of Tallahassee or of Leon County, as applicable.
(j) "Duly noticed" means notice published in a newspaper of regular and general
circulation in the City and County: i) for matters in the City – at least 15 days in advance
of the Planning Commission public hearing on a Type C site plan, 21 days in advance of
the Planning Commission public hearing or regular meeting for all other matters coming
before the Planning Commission, and 15 days in advance of the commencement of the
evidentiary hearing in the case of a formal quasi-judicial proceeding before an
administrative law judge; ii) for matters in the County – at least 15 days in advance of the
Planning Commission public hearing for a rezoning, 21 days in advance of a Planning
Commission public hearing or regular meeting for all other matters coming before the
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Planning Commission and 30 days in advance of the commencement of the evidentiary

hearing in the case of a formal quasi-judicial proceeding; and iii) for meetings of the
Local Planning Agency – at least 10 days in advance of such meeting or public hearing.
(k) "Filing" means received in hand by the Clerk of the Planning Commission. Mere
placing in the U.S. Mail or via electronic mail does not constitute filing.
(l) "Greater impacts" means an increase in the effects of a project upon infrastructure or
natural resources. An example of a "greater impact" is a change in a residential plat that
increases the number of units, lots, or impervious area.
(m) "Local Planning Agency" or "LPA" means the entity responsible for preparation of
the Comprehensive Plan and amendments for approval by the City of Tallahassee and
Leon County and performance of other duties of a local planning agency as provided in
Chapter 163, Florida Statutes, the codes of the City of Tallahassee and Leon County, and
these Bylaws.
(n) "Party" means the applicant, the local government with jurisdiction, or any person
who will suffer an adverse effect to an interest protected or furthered by the
comprehensive plan, including interests related to health and safety, police and fire
protection service systems, densities or intensities of development, transportation
facilities, health care facilities, equipment or services, or environmental or natural
resources. The alleged adverse effects may be shared in common with other members of
the community at large, but shall exceed in degree the general interest in community
good shared by all persons.
(o) "Person" means a person, corporation, partnership, association, unit of government or

organization.
(p) "Petitioner" means a person who files a petition for formal quasi-judicial proceedings
and who qualifies as a party.
(q) "Planning Commission" means the Tallahassee-Leon County Planning Commission.
(r) "Quasi-judicial proceeding or proceedings" means a proceeding that results in a

decision having an impact on a limited number of persons or property owners, or
identifiable parties and interests, where the decision is contingent on a fact or facts
arrived at from distinct alternatives presented at a hearing, and where the decision can be
viewed as policy application rather than policy setting.
(s) "Rendered" means when a decision is reduced to writing and formally delivered or
filed. In the case of an order of the Planning Commission, the order shall be rendered
when it is date stamped by the Clerk of the Planning Commission and filed in the records
of the Tallahassee-Leon County Planning Department during the regular business hours
of the Department.
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(t) "Respondent" means a party who is opposing the position taken by the petitioner.
(u) "Service" or "date of service" or "date listed on the Certificate of Service" means the
date the document is placed in the U.S. Mail, hand delivered or faxed to the parties.
(v) "Substantially different impacts" means effects from a development that cannot be
reasonably anticipated to occur based on the public notice given. An example of a
"substantially different impact" is a change in a mixed-use project that eliminates a
commercial use and substitutes it with an office use. Although the effect may not be
greater, it will be substantially different from what was anticipated by the public notice.
A reduction within zoning categories to a lesser-included use will not be considered a
different impact.
ARTICLE II - MEMBERSHIP, TERMS, MEETINGS,

PLACE OF MEETINGS AND DUTIES
Section 1. Membership; Termination; Attendance Report by the Clerk
(a) Membership. The Planning Commission is composed of three members appointed

by the Board of County Commissioners of Leon County, three members appointed by the
City Commission of the City of Tallahassee and one member selected by the School
Board of Leon County and appointed by the City and County Commissions. A member
who wishes to resign prior to the completion of his or her term shall submit a letter of
resignation to the appointing body stating the effective date of the resignation.
(b) Termination. Members serve at the pleasure of the governing body that appointed
them. Reasons for termination of a member include the following: 1) (a) for City
appointees, the member no longer resides or owns property within the City limits, or is no
longer a City Utility customer; (b) for County and School Board-selected appointees, the
member no longer resides in Leon County; 2) the member is absent for two of three
successive regularly scheduled meetings; or 3) the member has frequent conflicts of
interest.
(c) Attendance Report by the Clerk. The Clerk of the Planning Commission shall
provide a report to the City Commission, County Commission and School Board by the
fifteenth of each month, setting forth the attendance of each Planning Commissioner for
the prior month.
Section 2. Terms. Planning Commissioners shall serve for a term of three years, unless
terminated as provided in Section 1 of this Article II of Part I, and may be reappointed.
Section 3. Regular Meetings. The Planning Commission shall hold duly noticed regular
meetings in accordance with a schedule to be approved by the Planning Commission in
November of each year. An approved schedule may be altered within the calendar year upon
vote of the Planning Commission. All meetings shall be open to the public and shall be subject
to Sections 286.011 and 286.0114, Florida Statutes. The Planning Commission will usually vote
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on applications at the duly noticed public hearing where the matter is heard but may continue an
item in accordance with applicable codes and provisions of these Bylaws.
Section 4. Special Meetings. The Chair can call a special meeting of the Planning Commission
by actual notice to each member at least twenty-four hours in advance of the meeting. No action
shall be taken at a special meeting on an application pending before the Planning Commission
unless the public interest clearly requires action before the next regular meeting. If it is intended
that action be taken at such a meeting on an application pending before the Planning
Commission, the most effective and appropriate notice under the circumstances shall be given to
applicants and the public. However, no action on an application shall be taken at any special
meeting unless all notice requirements of applicable codes as to the public hearing have been
satisfied. As used in this section an "application" means an application pending before the
Commission but does not include action on motions that do not dispose of the application.
Section 5. Place of Meetings. The public hearings and meetings of the Planning Commission
shall be held in the conference room on the 2nd floor of the Renaissance Building on Macomb
Street, in the City Commission Chambers, City Hall, the County Commission Chambers, Leon
County Courthouse, or such other appropriate room in City Hall or the County Courthouse.
Except in instances governed by Section 4 above, the Planning Commission may alter or modify
the place of any of its meetings by directing written notice of such meeting place change to the
parties with matters agendaed for such meeting and by publishing notice in the newspaper at
least three days before the scheduled meeting. Nothing herein shall preclude changes resulting
from unanticipated need to change the meeting locale. If a meeting locale must be changed, a
sign will be posted at the noticed location directing the public to the new meeting location.
Meetings shall be held in facilities that are readily accessible to the public.
Section 6. Offices. The offices of the Planning Commission shall be those of the Tallahassee-
Leon County Planning Department. The person in charge of said offices shall be the Director of
the Planning Department, or the Director's designated agent.
Section 7. Duties. The Planning Commission shall be responsible for comprehensive area-wide
planning, which shall include, but shall not be limited to, all of the following:
(a) Preparing, as a guide for long range development, general physical plans with respect
to the pattern and intensity of land use and the provisions of public facilities, including
transportation facilities, utility systems and facilities, recreation and open space areas,
libraries and other cultural facilities, and such other facilities as are generally related to
comprehensive development planning, including the provisions of the Intergovernmental
Coordination element of the comprehensive plan.
(b) Recommending or reviewing proposed regulatory and administrative measures that

will aid in achieving coordination of all related plans of the departments or subdivisions
of the governments concerned with and subject to intergovernmental coordination
requirements. To the extent applicable in each study, preparation of the foregoing shall
be related to metropolitan and area-wide needs, but additional studies related primarily to
one unit of general local government may be undertaken when requested and when, in the
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view of the Planning Commission, such studies have a relationship to the harmonious
development of the county as a whole.
(c) Studying zoning regulatory and administrative measures needed to achieve

coordination and development in accordance with the comprehensive plan. All general
and major revisions to the zoning regulations and the zoning maps shall be accomplished
only after review by the Planning Commission for conformance with the comprehensive
plan. All applications for rezoning or text amendments shall be filed with the
governmental unit having jurisdiction, which applications shall be forwarded to the
Planning Commission for investigation and hearing. The Planning Commission shall
submit its report and recommendation to the appropriate governing body, and, where a
formal quasi-judicial proceeding has been requested on a zoning map amendment
pursuant to the applicable local regulations, render a recommendation on a recommended
order from the administrative law judge. The Planning Commission may initiate
applications for rezoning or text amendments for the purpose of evaluating
comprehensive changes in the zoning map and may initiate proposals for revision to the
zoning codes of the county and city.
(d) Rendering recommendations to the City Commission and Board of County

Commissioners on Type D site plan proposals, and, where a formal quasi-judicial
proceeding has been requested pursuant to the applicable local regulations, rendering a
recommendation on a recommended order from the administrative law judge.
(e) Rendering final decisions on recommended orders from the administrative law judge
on appeals of decision on a certificate of exemption in connection with governmental
right-of-way takings, Type A and B site plan review decisions, limited partitions, and
preliminary plat decisions (City only).
(f) Reviewing proposed development codes and regulations and amendments and making
recommendations to the governing bodies as to the consistency of the proposals with the
adopted comprehensive plan.
(g) Enforcing amortization schedules for nonconformities as may be approved by the City
Commission (City only).
(h) Studying and proposing regulatory and administrative measures that aid in the
coordination of planning and development by all agencies of local government and by
agencies of state government concerned with planning in the Tallahassee Metropolitan
Area.
(i) Reviewing and commenting on plans for joint development projects that relate to the
Comprehensive Plan or other physical plans as described herein or that affect the
programming of capital improvements by the local governmental units.
(j) Rendering final decisions on Type C site plan proposals, and, where a formal quasi-
judicial proceeding has been requested pursuant to the applicable local regulations,
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rendering a final decision on a recommended order from the administrative law judge
(City only).
(k) Performing such other reviews and approvals as may be authorized by local land
development regulations.
(l) Reviewing and commenting on proposed goals and policies for the transportation
planning process.
(m) Reviewing and commenting on the development of the Long Range Transportation
Plan, and the goals and policies in existence and proposed for the transportation planning
process.
(n) Reviewing and commenting on short-range transportation planning including transit

planning, bikeway planning, sidewalk planning, and other specific transportation
planning as requested by the Capital Region Transportation Planning Agency (CRTPA).
(o) Reviewing and commenting on project programming, program documents, and grant-
related matters as required by the Capital Region Transportation Planning Agency
(CRTPA).
(p) Serving as ex-officio members of the community advisory committees for ongoing
roadway projects.
(q) Forwarding recommendations to the Capital Region Transportation Planning Agency

(CRTPA) on the prioritization of federal transportation planning mandates.
(r) Carrying out other tasks as requested by the Capital Region Transportation Planning
Agency (CRTPA).
(s) Rendering a recommendation on developments of regional impact and state quality

developments, and, where a formal quasi-judicial proceeding has been requested pursuant
to the applicable local regulations, rendering a recommendation on a recommended order
from the administrative law judge (City only).
ARTICLE III – QUORUM
Section 1. Quorum. No acts or recommendations of the Planning Commission shall be made

unless a quorum is present. A quorum shall consist of four voting members. The presence at a
meeting of a Commissioner who has a voting conflict on a matter cannot be counted toward
satisfying the quorum requirement on the item in which that conflict exists. Proxy votes and
absentee votes shall not be allowed. The Clerk of the Planning Commission or the Local
Planning Agency, as appropriate, shall poll the members individually before each scheduled
public hearing to confirm the existence of a quorum. If it is determined that a quorum will not be
present, the meeting shall be canceled by the Clerk of the Planning Commission and the agenda
shall be automatically continued to the next regularly scheduled public hearing. Notice of the
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cancelation of the meeting and continuance of all items to the next regularly scheduled public
hearing shall be posted on the Planning Commission website and the meeting room door.
Section 2. Specific Provision for Leon County Appointees. For Leon County appointees, for
the purposes of maintaining a quorum throughout a meeting, any commissioner not present for
fifty percent (50%) or more of a Planning Commission meeting shall be deemed absent.
ARTICLE IV - OFFICERS
Section 1. Officers. The Planning Commission shall elect one of its members as Chair for a
term of one year. The Planning Commission shall also elect one of its members as Vice-Chair
for a term of one year. The Chair shall preside at all meetings and shall sign official
correspondence and orders. The Vice-Chair shall serve as Chair in the absence of the elected
Chair. The most senior member present will serve as Chair in the absence of the elected Chair
and Vice-Chair. Elections shall be held at the first meeting of July of each year.
ARTICLE V - PASSAGE OF MOTIONS OR MATTERS
Section 1. Motions or Matters for Regular Business. No motion or matter pertaining to the
regular business of the Planning Commission shall be passed unless a majority of the members in
attendance for the motion or matter under consideration is recorded as voting in favor of the
motion or matter. In those cases where a majority vote in favor of a motion or matter is not
recorded, the motion or matter shall be recorded as being defeated. In case of a tie vote, the vote
will be treated as: 1) a denial; or 2) a recommendation for denial where, by code requirement,
the Commission's action is to be in the form of a recommendation to the City or County
Commission. The Chair may make motions and may second another member's motion.
Section 2. Motions or Matters Amending Bylaws. These Bylaws may be amended at a regular
or special meeting of the Planning Commission by affirmative vote of two-thirds of the members
appointed to the Commission. Proposed amendments may be approved by the Commission after
a duly noticed public hearing. Amendments to these Bylaws shall become effective only upon
approval by the City and County Commissions.
ARTICLE VI - RECONSIDERATION
Section 1. Decisions Involving Applications Coming Before the Commission. Upon

adjournment of a meeting at which a vote is taken on an application, the Planning Commission
ceases to have jurisdiction over an application. However, any vote on an application may be
reconsidered at any time prior to adjournment of the meeting at which the vote was taken, upon a
motion made by a member recorded as voting upon the prevailing side when the motion was
considered by the Planning Commission. Reconsideration of an application may also be had
upon remand of a matter by the City or County Commission. In case of remand for
reconsideration, the applicant may be required to pay the cost of any new public notice required
by the action.
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Section 2. Reconsideration of Other Decisions. Reconsideration of any other motions shall be

governed by Robert’s Rules of Order, Revised as may be revised from time to time.
ARTICLE VII – CONTINUANCES; COMPUTATION OF TIME
Section 1. Continuances. The Planning Commission, by motion and affirmative vote, may elect
to continue any matter placed on the agenda for its consideration until a time certain within the
time provided by governing codes. With the applicant's consent, the Planning Commission, by
affirmative vote, may continue any matter placed on the agenda for its consideration to a time
certain beyond the requirements of the governing codes. If a quorum as defined in Article III of
this Part I is not present at a Planning Commission meeting, the Clerk of the Planning
Commission or (designated staff in case of matters pertaining to the Local Planning Agency)
shall announce the continuance or rescheduling of the matters on the agenda until a time certain.
Any time requirements in the governing codes shall be taken into consideration in rescheduling.
Section 2. Computation of Time. Whenever an action of any party, the Planning Department or
the Planning Commission requires computation of time, such computation shall be governed by
Section 9 (b) of Article IX of this Part I.
ARTICLE VIII - AMENDMENTS TO APPLICATIONS;

CONDITIONS GIVING RISE TO RE-NOTICE AND
ADDITIONAL PUBLIC HEARINGS ON AMENDMENTS
Section 1. Amendments to Applications; Consideration of Amendments; Review by Staff
(a) Amendments to Applications. An applicant may request to amend an application

before the Planning Commission only prior to close of its required public hearing. Any
such amendment may be made only in writing by the applicant or its representative, and
the written amendment must be received by the Planning Commission or its delegated
agent, the Tallahassee-Leon County Planning Department, prior to the close of the
required public hearing.
(b) Consideration of Amendments. The Planning Commission may consider an

amendment at the same duly noticed public hearing it is made, provided the amendment
does not result in substantially different or greater impacts than the original request. If an
amendment creates substantially different or greater impacts, the Planning Commission
will not consider the amendment unless the applicant is willing to grant a continuance
sufficient to allow consideration by the City of Tallahassee or Leon County Development
Review Committee ("DRC"), if applicable, and the holding of another duly noticed
public hearing on the application as noted in Section 2 of this Article VIII of Part I. In
instances where a change does not result in substantially different or greater impacts, if
an applicant or its representative amends its application that was not filed in time for
substantial consideration by the DRC, as applicable, the Planning Commission will not
consider such amendment unless the applicant is willing to request a continuance until
after the amended application has been reviewed by the DRC, as applicable.
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(c) Review by Staff. Where there has been an amendment at the Planning Commission
public hearing, the Planning Department's staff will check the written amendments filed
by an applicant to see that the revision conforms to the amended application actually
considered and voted upon favorably by the Planning Commission. If any irregularities
in this respect are discovered by staff, and are not immediately corrected by the applicant:
1) in case of zoning amendment, the irregularities will be reported to the City or County
Commission, as appropriate; 2) in other cases, the Planning Department will notify the
applicant in writing that the document submitted does not conform to the action by the
Planning Commission.
Section 2. Conditions Giving Rise to Re-Notice and Additional Public Hearing. The
Planning Commission shall require the public notice of each application coming before the
Commission as required by the codes of the City of Tallahassee and Leon County, Florida. Re-
notice and another public hearing also shall be required: 1) whenever an applicant requests an
extension (or extensions) of time causing the item to appear before the Commission more than
60 calendar days after the original public hearing; or 2) whenever there has been a change to an
application resulting in substantially different or greater impacts and the original notice is no
longer reasonably sufficient to inform the public of the essence and scope of the application
under consideration. Upon re-notice, the matter shall be placed upon the agenda of a scheduled
Commission public hearing. The method of re-notice shall be the same as the original notice. In
instances where re-notice is required by these Bylaws, such costs as may be incurred shall be
borne by the applicant. The Commission will act on the application at the duly noticed public
hearing or continuation thereof. However, nothing in these Bylaws shall permit a zoning
application to be amended that results in a substantially different or greater impact than that
which was originally submitted without additional review and public notice. Such a change will
be treated as a new application and will be subject to adherence to any waiting period required
by the applicable codes of Tallahassee and Leon County. The Commission will not require re-
notice and a new public hearing when the applicant has been diligently working with staff to
resolve issues raised unless the revisions to the application result in substantially different or
greater impacts of which the public is not aware.
ARTICLE IX - PROCEDURES FOR

FORMAL QUASI-JUDICIAL PROCEEDINGS
Section 1. Scope; Effect of Filing Petition for Formal Quasi-judicial Proceedings on

Decisions (Subject to Review Under this Article) of the City of Tallahassee Land Use
Administrator, City of Tallahassee Director of Growth Management or Designee, City
Development Review Committee and Leon County Administrator or Designee; Formal
Quasi-Judicial Proceedings; Applicability of Article IX; Who May Initiate Formal Quasi-
judicial Proceedings; Representation; Filing Deadlines; De Novo Review; Status of Other
Parties; Where to File; Filing Deadlines Jurisdictional; Copies; Required Contents of
Petition for Formal Quasi-judicial Proceedings; Filing Fees; Notice of Filing Requirements;
Determination of Standing; Motion to Dismiss; Dismissal by Clerk of the Planning
Commission; Intervention.
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(a) Scope. Except where waived as provided in Article XIV or exempted or modified by
Article XV of this Part I, this Article sets forth the procedures that govern formal quasi-
judicial proceedings of the Planning Commission. Determinations of the City of
Tallahassee and Leon County to which this Article applies are as follows:
1) City of Tallahassee – appeals of decisions on Type A and Type B Site Plans,

certificates of exemption in connection with a governmental right-of-way taking,
preliminary plats, and limited partitions; and action by the Planning Commission
on Developments of Regional Impact, Florida Quality Developments, rezonings
(official zoning map amendments) and Type C and D Site Plans.
2) Leon County – appeals of decisions on certificates of exemption in connection

with a governmental right-of-way taking or an interpretation of district boundaries
with respect to the official zoning map; and action by the Planning Commission
on Type D Reviews, Developments of Regional Impact or Florida Quality
Developments and rezonings (official zoning map amendments).
(b) Effect of Filing Petition for Formal Quasi-judicial Proceedings on Decisions

(Subject to Review Under this Article) of the City of Tallahassee Land Use
Administrator, City of Tallahassee Director of Growth Management or Designee,
City Development Review Committee, and Leon County Administrator or Designee.
Decisions of the City of Tallahassee Land Use Administrator, the City of Tallahassee
Director of Growth Management or Designee, the City Development Review Committee,
and the Leon County Administrator or Designee, which are set forth above, are subject to
formal quasi-judicial proceedings by the Planning Commission under this Article IX of
Part I. Such decisions shall be final fifteen calendar days (thirty calendar days if the
project is located within the City) after they are rendered unless a party timely files a
petition for formal quasi-judicial proceedings together with the appropriate filing fee.
Should a party petition for formal quasi-judicial proceedings, the decision under review
will become proposed action until the final decision is made, after conducting a de novo,
formal quasi-judicial proceeding.
(c) Formal Quasi-Judicial Proceedings. Pursuant to authority granted by the codes of

the City of Tallahassee and Leon County, the Planning Commission acts on
recommended orders entered by administrative law judges who have conducted formal
quasi-judicial hearings on certain matters coming before the Commission that involve the
application of a general rule or policy, as set out below:
1) City of Tallahassee
a. Renders a final decision on a recommended order from the

administrative law judge on a determination of the Director of Growth
Management or Designee on a Type A site plan.
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b. Renders a final decision on a recommended order from the

administrative law judge on a determination of the Development Review
Committee on a Type B site plan.
c. Renders a recommendation on a recommended order from the

administrative law judge on a Development of Regional Impact or a
Florida Quality Development.
d. Renders a recommendation on a recommended order from the

administrative law judge on a rezoning (official zoning map amendment).
e. Renders a final decision on a recommended order from the

administrative law judge on a determination of the Land Use
Administrator on a certificate of exemption in connection with a
governmental right-of-way taking.
f. Renders a final decision on a recommended order from the

administrative law judge on a determination of the Development Review
Committee on a preliminary plat.
g. Renders a final decision on a recommended order from the

administrative law judge on a determination of the Director of Growth
Management on a limited partition.
h. Renders a final decision on a recommended order from the

administrative law judge on a Type C site plan.
i. Renders a recommendation on a recommended order from the

administrative law judge on a Type D site plan.
2) Leon County
a. Renders a final decision on a recommended order from the

administrative law judge on an appeal of a determination of the County
Administrator or designee on a certificate of exemption in connection with
a governmental right-of-way taking or an interpretation of district
boundaries with respect to the official zoning map.
b. Renders a recommendation on a recommended order from the

administrative law judge on a Type D Review, Development of Regional
Impact or Florida Quality Development.
c. Renders a recommendation on a recommended order from the

administrative law judge on a rezoning (official zoning map amendment).
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(d) Applicability of Article IX. Article IX of this Part I will be invoked automatically
whenever a petition for formal quasi-judicial proceedings has been timely filed and the
fee timely paid unless the parties to the proceeding choose to waive any aspect of the
right to formal quasi-judicial proceedings.
(e) Who May Initiate Formal Quasi-judicial Proceedings; Representation. Formal

quasi-judicial proceedings may be initiated by the applicant, the local government with
jurisdiction or persons who will suffer an adverse effect to an interest protected or
furthered by the comprehensive plan, including interests related to health and safety,
police and fire protection service systems, densities or intensities of development,
transportation facilities, health care facilities, equipment or services, or environmental or
natural resources. The alleged adverse effect to an interest may be shared in common
with other members of the community at large, but shall exceed in degree the general
interest in community good shared by all persons. A party may appear in any quasi-
judicial proceeding without being represented by an attorney but an attorney may
represent a party in any proceeding.
(f) Filing Deadline for Appeals of Decisions of the City of Tallahassee Land Use
Administrator, City of Tallahassee Director of Growth Management, City
Development Review Committee, and Leon County Administrator or Designee; De
Novo Review. To initiate a formal quasi-judicial proceeding (see (c)1)a, b, e, f, g, and
2)a above), a petition for formal quasi-judicial proceedings must be filed and the
corresponding filing fee must be paid within fifteen calendar days (thirty calendar days if
the project is located within the City) after the decision sought to be appealed is rendered.
All appeals will be conducted as de novo proceedings.
(g) Filing Deadline for Planning Commission Decisions or Recommendations; De

Novo Review.
1) County. For decisions on projects located in the County, to initiate formal

quasi-judicial proceedings where the Planning Commission will make the original
decision or recommendation (see (c) 2)b, and c above), a petition for formal
quasi-judicial proceedings together with the appropriate filing fee must be filed
within fifteen calendar days of publication of notice of the Planning Commission
public hearing on the application in a newspaper of general circulation. All such
reviews will be conducted as de novo proceedings.
2) City. For decisions on projects located in the City, to initiate formal quasi-
judicial proceedings where the Planning Commission will make the original
decision (see (c)1.h above), a petition for formal quasi-judicial proceedings
together with the appropriate filing fee must be filed within thirty calendar days
after the preliminary decision of the Planning Commission is rendered. To initiate
formal quasi-judicial proceedings where the Planning Commission will make a
recommendation (see (c)1.c,d, and i above), a petition for formal quasi-judicial
proceedings together with the appropriate filing fee must be filed within fifteen
calendar days after the preliminary decision of the Planning Commission is
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rendered. All such formal quasi-judicial proceedings will be conducted as de

novo proceedings.
(h) Status of Other Parties. A local government with jurisdiction and an applicant who
is not contesting a recommendation or decision need not file a notice of intent or petition
for quasi-judicial proceedings to appear as a party. They are automatically granted party
status. However, an applicant seeking to appeal a decision must file a petition for formal
quasi-judicial proceedings.
(i) Filing of Original Documents; Where to File; Filing Deadlines Jurisdictional;

Copies. The petition must be filed (stamped received) in the office of the Clerk of the
Planning Commission within the time periods referenced above and a copy must be filed
with the Planning Commission Attorney the same day. Failure to file the petition
(together with the filing fee for filing the petition described in (j) below) with the Clerk of
the Planning Commission within the time period specified in these Bylaws will result in
waiver of the right to a formal quasi-judicial proceeding and dismissal of the petition. A
copy of the petition must be mailed or delivered to the applicant as provided in Section 2
of this Article IX of Part I.
(j) Required Contents of the Petition for Formal Quasi-judicial Proceedings; Filing
Fees; Notice of Filing Requirements. All petitions for formal quasi-judicial
proceedings must be in writing. A petition must be filed on the form that appears in
Appendix I. The form must be accompanied by a non-refundable filing fee in an amount
set by resolution of the City Commission or Board of County Commissioners, as
applicable, and shall have attached to it a copy of the decision that is sought to be
reviewed in a formal quasi-judicial proceeding. If a petition will be filed by more than
one person, each additional person may join in the petition for an additional filing fee in
an amount set by resolution of the City Commission or Board of County Commissioners,
as applicable. (In such case, a joint petition shall be filed). However, nothing herein
precludes the filing of separate petitions by persons who wish to pay the full filing fee.
The petition must include:
1) The title or name of the person or entity making the determination being
appealed or the recommendation being proposed, the date the determination or
recommendation was rendered, or public notice given in case of review and the
entity’s file or identification number, if known;
2) The name, address, and telephone and facsimile number of the petitioner and
the applicant, if different from the petitioner; the name, address, and telephone
and facsimile number of the petitioner's representative, if any, which shall be the
address of the petitioner for mailing purposes during the course of the proceeding;
3) An explanation of how each petitioner's substantial interests will be adversely

affected by the determination or proposed recommendation. (To be entitled to
formal quasi-judicial proceedings, the petitioner must be a person who will suffer
an adverse effect to an interest protected or furthered by the comprehensive plan,
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including interests related to health and safety, police and fire protection service
systems, densities or intensities of development, transportation facilities, health
care facilities, equipment or services or environmental or natural resources. The
alleged adverse effect may be shared in common with other members of the
community at large, but must exceed in degree the general interest in community
good shared by all persons);
4) A statement of when and how the petitioner received notice of the

determination or proposed recommendation;
5) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
6) A concise statement of the ultimate facts alleged, including the specific facts
the petitioner contends warrant reversal or modification of the determination or
proposed recommendation;
7) A statement of the specific code provisions the petitioner contends require

reversal or modification of the determination or proposed recommendation;
8) A statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the Commission to take with respect to the determination or
proposed recommendation;
9) The signature of each petitioner or his or her attorney and the date of filing of
the petition; and
10) A certificate of service as provided in Section 2 below.
Notice of the filing requirements of this provision shall be provided to the applicant and
to persons who have made a request to receive a copy of the staff report for the
application. A copy of a petition must be served on the applicant, if applicable, and on
the attorney for the local government. The Clerk of the Planning Commission shall
provide a copy of a petition to parties who are not identified as having received a copy.
(k) Determination of Standing. A Determination of Standing is a finding that the

petitioner has alleged sufficient facts to establish entitlement to formal quasi-judicial
proceedings. Notwithstanding the issuance of a Determination of Standing, a petitioner
will still be required to prove standing in the formal quasi-judicial evidentiary hearing to
be conducted in the matter. The Planning Commission Attorney shall, within five days of
the date a petition for formal quasi-judicial proceedings is filed, determine whether the
person or entity filing the petition has alleged sufficient facts (to be proved at final
hearing) to establish entitlement to formal quasi-judicial proceedings (“Standing”). A
Determination of Standing will be provided to the person who filed the petition and to the
applicant. If a petition is deficient, it shall be rejected. For projects located in the City of
Tallahassee only, the person whose petition is rejected shall be given one opportunity to
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amend the petition, which amended petition must be filed within seven days of the date of
service of the Determination of Standing. A second Determination of Standing shall be
issued within five days of filing of an amended petition in the same manner as the
original petition. A party seeking to appeal a second unfavorable Determination of
Standing (City only) may do so by filing a motion for reconsideration with the Planning
Commission within 5 days of the date of service of the Determination of Standing. The
Planning Commission will act on the motion at its next scheduled meeting following the
filing of the motion for reconsideration so long as there is sufficient time for the Clerk of
the Planning Commission to provide notice to all parties. As used herein, “sufficient
time” shall mean at least three days.
(l) Motion to Dismiss. A motion to dismiss a petition may be filed within five calendar
days after the petition is served. Motions to dismiss will be heard by the administrative
law judge assigned to preside over the formal quasi-judicial proceedings.
(m) Dismissal by Clerk of the Planning Commission. The Clerk of the Planning
Commission will dismiss any petition for formal quasi-judicial proceedings which is not
filed within the deadlines set forth in these Bylaws or is not accompanied by the
appropriate filing fee.
(n) Intervention. Intervention is permitted prior to the evidentiary hearing by any person
who would qualify as a party. A party who seeks to intervene must file a petition for
intervention that provides the same information as a petition for formal quasi-judicial
proceedings. The intervenor must also file the filing fee required of persons filing a
petition for formal proceedings. Intervention is not permitted after discovery has been
completed. The administrative law judge shall, within five days of the date a petition for
intervention is filed, determine whether the person or entity filing the petition has alleged
sufficient facts (to be proved at final hearing) to establish entitlement to intervention
(“Standing”). A Determination of Standing will be issued to the person who filed the
petition, and a copy provided the parties. If a petition is deficient, it shall be rejected.
For projects located in the City of Tallahassee only, the person whose petition is rejected
shall be given one opportunity to amend the petition, which amended petition must be
filed within seven days of the date of service of the Determination of Standing. A second
Determination of Standing shall be issued within five days of filing of an amended
petition in the same manner as the original petition. A party seeking to appeal a second
unfavorable Determination of Standing (City only) may do so by filing a motion for
reconsideration with the Planning Commission within 5 days of the date of service of the
Determination of Standing. The Planning Commission will act on the motion at its next
scheduled meeting following the filing of the motion for reconsideration so long as there
is sufficient time for the Clerk of the Planning Commission to provide notice to all
parties. As used herein, “sufficient time” shall mean at least three days.
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Section 2. Filing of Original Documents with the Clerk of the Planning Commission;
Service of Copies to Parties; Certificate of Service Required; Effect of Signature.
(a) Filing of Original Documents with the Clerk of the Planning Commission. The
original of all documents required or provided for under these proceedings must be filed
with the Clerk of the Planning Commission. Filing with the Clerk of the Planning
Commission must be accomplished by hand-delivery, facsimile or U.S. Mail. Filing by e-
mail is prohibited and no documents attempted to be filed by e-mail will be accepted by
the Clerk of the Planning Commission.
(b) Service of Copies to Parties. Whenever any document is required to be filed with
the Clerk of the Planning Commission as part of any formal quasi-judicial proceeding
governed by this Article IX of Part I, a copy of the document must be served on (i.e.,
provided to) all parties by hand-delivery, facsimile, or U.S. Mail. For convenience,
service may be accomplished via e-mail but will not be valid unless the document is also
provided to all parties by hand-delivery, facsimile or U.S. Mail. Attachments served by
email must be 5MB or less. Any document that is larger than 5MB must be divided up
into separate e-mails and labeled as such.
(c) Certificate of Service Required. The person who files the document must include a
certificate of service at the end of the document specifying the type of service in
substantially the following form:
I certify that a copy of this document has been furnished to (here insert names of all
parties) at (list addresses) by e-mail (if so used) and (specify: hand-delivery, U.S. Mail or
facsimile) this____ day of ______, 20__.
___________________________________
(Name of person filing document)
(d) Effect of Signature. The signature of an attorney or party on any document filed in
these proceedings constitutes a certificate that he or she has read the pleading, motion or
other paper and that, to the best of his or her knowledge, information, and belief formed
after reasonable inquiry, it is not interposed for any improper purpose, such as to harass
or to cause unnecessary delay or for economic advantage, competitive reasons or
frivolous purposes or needless increase in the cost of litigation.
Section 3. Prehearing Procedures.
(a) Transmittal of Petition to the Division of Administrative Hearings;

Administrative Law Judges; Verbatim Record Required.
1) Transmittal of Petition. Within two days of filing of a Determination of

Standing favorable to petitioner, the Clerk of the Planning Commission shall
transmit the petition for formal quasi-judicial proceedings to the Division of
Administrative Hearings for assignment of an administrative law judge.
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2) Administrative Law Judges. The administrative law judge assigned by the

Division of Administrative Hearings shall be an attorney who has at least five
years’ experience as a practicing attorney and who shall have the power to swear
witnesses and take their testimony under oath, to issue subpoenas and other orders
regarding the conduct of the proceedings and to compel entry upon land. The
administrative law judge will conduct the formal quasi-judicial evidentiary
hearing, rule on any pending motions and render a recommended order with
findings of fact, conclusions of law and a recommended action.
3) Verbatim Record Required. If a person decides to appeal any decision made

by the Planning Commission with respect to any matter considered at a meeting
or hearing, such person will need a record of the proceedings, and for this purpose
such person may need to ensure that a verbatim record of the proceedings is
made, which record indicates the testimony and evidence upon which the appeal
is to be based. The Planning Commission does not provide or prepare such a
record (Section 286.0105, Florida Statutes). The Clerk of the Planning
Commission will retain all official exhibits and make copies available, at the cost
of reproduction, upon request.
(b) Procedural Orders and Discovery.
1) Procedural Orders. At the request of any party, or upon his or her own
motion, the administrative law judge shall consider the entry of a procedural order
requiring all parties to:
a. confer and discuss the possibility of settlement;
b. establish a discovery schedule, including the opportunity to take

depositions;
c. exchange witness lists, identifying the subject area of the witnesses'

expertise, where applicable, and a written summary of the expert’s
testimony;
d. exchange lists of exhibits to be submitted into evidence and view said

exhibits;
e. stipulate to as many facts as possible; and
f. file with the administrative law judge, no later than ten days before the
formal quasi-judicial evidentiary hearing a signed joint prehearing
statement setting forth those facts that are agreed to by the parties and
those facts that remain in dispute and attaching a copy of the witness and
exhibit list of each party.
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If the parties are unable to cooperate on a joint prehearing statement, then the
parties must file individual statements providing the same information. A copy of
the prehearing statement must be provided to all other parties by the party filing
the document at the time of filing. Prehearing statements may be amended only
with permission of the administrative law judge.
2) Discovery. Discovery is a process that allows the parties to obtain information

about the other parties' argument, witnesses and exhibits. Discovery is permitted
in the same manner as provided in the Florida Rules of Civil Procedure for
matters pending in court proceedings, except that the times for completing
discovery under those rules may be altered by the administrative law judge as
required to meet the timeframes for completing the proceedings as provided in
these Bylaws.
(c) Time for Requesting Procedural Orders. If a procedural order is desired by any
party who has filed a petition for formal quasi-judicial proceedings, the request for entry
of a procedural order must be included in the petition. Parties defending against the
petition who desire entry of a procedural order must file a request by motion for entry of
same within ten days of the filing of the petition. The administrative law judge will rule
on requests for procedural orders.
(d) Mediation. Upon issuance of a Determination of Standing favorable to the petitioner,

in addition to submitting the petition to the Division of Administrative Proceedings for
assignment of an administrative law judge, the Clerk of the Planning Commission will
submit the petition to a mediator as provided in Appendix IV to these Bylaws unless the
petitioner has expressly indicated in the petition that mediation is not desired. If the
petition does not indicate that mediation is not desired, mediation shall be conducted
unless declined by any other party within 5 days of filing of the petition. The mediator
shall contact the parties to schedule mediation. Mediation shall be completed within 45
calendar days of filing of a petition. Mediation costs will be borne by the parties. If
mediation is successful, a mediation stipulation signed by the parties and the mediator
shall be submitted to the Planning Commission for review and a notice of voluntary
dismissal of the request for formal quasi-judicial proceedings shall be filed by the
petitioner with the administrative law judge. The mediation stipulation shall include
findings of fact, conclusions of law and a recommendation. The Planning Commission
shall treat the mediation stipulation as if it were a recommended order from an
administrative law judge, except that no exceptions may be filed by the parties.
(e) Notice of Formal Quasi-judicial Evidentiary Hearing. Notice of the formal quasi-
judicial evidentiary hearing before an administrative law judge shall be published by the
Clerk of the Planning Commission in a newspaper of general circulation at least fifteen
calendar days (thirty calendar days for an application in the County) before the formal
quasi-judicial evidentiary hearing. Notice to the parties shall be provided by the
administrative law judge. If the hearing is continued or rescheduled, notice shall be
provided to the parties of the new date of hearing by the administrative law judge but
notice shall not again be published in the newspaper. Interested persons are encouraged
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to contact the Clerk of the Planning Commission for information regarding rescheduling.
Unless consented to by all parties, the formal quasi-judicial evidentiary hearing shall be
held within 60 calendar days of transmittal of the petition to the Division of
Administrative Hearings.
Section 4. Public Testimony. Members of the general public shall be permitted up to three
minutes per person to submit testimony at the formal quasi-judicial evidentiary hearing.
However, the administrative law judge may enlarge the time if, in his or her discretion, the
circumstances warrant such enlargement. Those members of the public wishing to speak must
sign a speaker slip and must submit testimony under oath or affirmation.
Section 5. Evidence; Burden of Proof.
(a) Evidence. All recommended orders shall be based upon competent, substantial
evidence. Pursuant to F.S. Section 163.3215(4)(f), the standard of review applied by the
administrative law judge in determining whether a proposed development order is
consistent with the comprehensive plan shall be strict scrutiny in accordance with Florida
law. The administrative law judge shall not be bound by strict rules of evidence, nor
limited to consideration of such evidence as would be admissible in a court of law, but
may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or
evidence. Hearsay evidence will be accepted. However, the administrative law judge
shall not make a finding that is based solely on hearsay, unless the hearsay would be
admissible in a judicial proceeding under the Florida Evidence Code. The administrative
law judge shall rule on any objections made at the evidentiary hearing.
(b) Burden of Proof. In de novo, formal quasi-judicial proceedings, the initial burden of
proof shall be on the applicant. Once the applicant establishes his or her entitlement to
approval by submittal of competent, substantial evidence supporting the approval
(referred to by the courts of this state as a "prima facie case"), the burden of proof will
shift to the petitioner(s) to rebut the evidence submitted by the applicant. The decision
under appeal will be treated as a staff report.
Section 6. Rules Incorporated by Reference. Where not in conflict with these Bylaws, the
following rules adopted pursuant to Chapter 120, Florida Statutes, for conducting hearings before
the Division of Administrative Hearings also apply (although Chapter 120 does not apply to
these proceedings): Florida Administrative Code Rules 28-106.104 (except subsection (8)
thereof), 28-106.108, 28-106.110, 28-106.203, 28-106.211, 28-106.213, and 28-106.215. A copy
of these rules appears in Appendix II. The right to cross examine witnesses shall be available
only to parties.
Section 7. Order for Presenting Evidence. Unless otherwise provided by the administrative
law judge, or by agreement of the parties, the applicant shall present its case first. Opposing
parties shall then present their case(s). A designated representative shall then make the
presentation on behalf of the government with jurisdiction. The City or County, as applicable,
shall be treated as a party in all formal quasi-judicial proceedings and will be expected to present
argument, just like any other party. Provisions will also be made for public comment at a time
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convenient to the orderly presentation of evidence by the parties. The parties shall have the
opportunity to respond to any comments made by the public and shall also have the opportunity
to rebut other parties' presentations.
Section 8. Supplementing the Record; Ex Parte Communications Prohibited.
(a) Supplementing the Record. Supplementing the record after the formal quasi-judicial
evidentiary hearing is prohibited.
(b) Ex Parte Communications Prohibited. No ex parte communications will be

permitted during the pendency of quasi-judicial proceedings before the Planning
Commission or an administrative law judge. An ex parte communication is an oral or
written communication outside of a Planning Commission meeting or administrative
hearing and without notice to the parties made to a member of the Planning Commission
or administrative law judge by, or on behalf of, a party, or otherwise, about the merits of
a matter before the Planning Commission, or foreseeably anticipated to come before the
Commission. In the event of any ex parte communication to a Planning Commissioner or
administrative law judge, the substance of the communication and the identity of the
person, group, or entity with whom the communication took place shall be disclosed and
made a part of the record before final action on the matter. Nothing herein shall preclude
any member of the Planning Commission from individually visiting any site that is the
subject of a quasi-judicial proceeding. Disclosures made pursuant to this section must be
made before or during the public meeting or hearing at which action is taken on such
matters, so that persons who have opinions contrary to those expressed in the ex parte
communication are given a reasonable opportunity to refute or respond to the
communication.
Section 9. Continuances; Computation of Time.
(a) Continuances. A party may seek a continuance of a hearing or time for filing any
document except the petition for formal quasi-judicial proceedings by filing a request for
continuance in writing with the administrative law judge, or Planning Commission if the
continuance is sought after the recommended order is issued. The request must explain
the reasons for such a request. A party may serve a response within three days of the date
listed on the certificate of service of the request for continuance.
(b) Computation of Time. Unless otherwise stated in these Bylaws, "days" means
"working days". In computing any period of working days prescribed or allowed by
these Bylaws, by order of the Planning Commission, or by any applicable code, the day
of the act, event, or action from which the designated period of time begins to run and
any Saturdays, Sundays and legal holidays shall not be counted. In computing any period
of time prescribed or allowed by these Bylaws, by order of the Planning Commission, or
any applicable code, which is to be counted by calendar days, the following shall apply:
1) The day of the act, event, or action from which the designated period of time begins to
run shall not be included. 2) Saturdays, Sundays and legal holidays shall be included.
However, the last day of the period so computed shall be included unless it is a Saturday,
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Sunday or legal holiday. If the last day of the period so computed is a Saturday, Sunday
or legal holiday, the period shall run until the end of the next day that is not a Saturday,
Sunday or legal holiday. 3) When the period of time prescribed or allowed is less than
seven calendar days, intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation.
Section 10. Action on Recommended Order; Transcript; Exceptions; Response to

Exceptions; Scheduling; Consideration of the Recommended Order; Action on the
Recommended Order.
(a) Recommended Order and Record. The administrative law judge shall serve copies
of the recommended order on the parties and transmit the original together with the
record to the Clerk of the Planning Commission. The record shall include: those
documents and media forwarded to the Clerk by the administrative law judge, including
the recommended order, all pleadings, motions and responses, and all hearing exhibits;
and the transcript of hearing, which must be filed in support of exceptions to findings of
fact as provided in Section 10(c) of this Article IX of Part I.
(b) Transcript. Responsibility for ordering a transcript lies with the party seeking to
challenge a finding of fact of the recommended order. If a transcript is ordered, the
parties shall pay their pro-rata share of the cost of transcription.
(c) Exceptions. The parties shall have ten calendar days from the date the recommended
order is served by U.S. Mail to file specific, written objections ("exceptions") to the
recommended order with the Clerk of the Planning Commission. Exceptions shall
include appropriate references to the record before the administrative law judge.
Exceptions to findings of fact must be filed together with nine copies of the entire record.
Only one copy of the record need be filed if there are no exceptions to findings of fact. A
party may file a motion with the Planning Commission seeking to reduce the number of
copies that need to be filed if the circumstances of the case (such as the size of the record)
warrant a reduction in the number of copies filed. If more than one party is filing
exceptions, the parties are encouraged to coordinate the filing of the copies of the record
among themselves to avoid filing more than nine copies.
(d) Response to Exceptions. A response to exceptions may be filed by a party within ten
calendar days following the date shown on the certificate of service of the exceptions.
The party defending challenged findings of fact is encouraged to include in the response
to exceptions the record citation supporting the challenged finding.
(e) Scheduling. After receipt of the recommended order from the administrative law
judge, and expiration of the time for filing of exceptions (and responses to exceptions, if
exceptions are filed), the Clerk of the Planning Commission shall schedule the
recommended order for consideration by the Planning Commission at the next available
regularly scheduled Planning Commission Meeting and notify all parties of the date of
such Planning Commission meeting. Continuances may be granted by the Clerk of the
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Planning Commission at the request of the parties, the Planning Commission or staff for
good cause.
(f) Consideration of the Recommended Order. During its consideration of the

recommended order at a duly noticed public hearing, the Planning Commission will take
comment from the parties and the public. The general public will be afforded three
minutes per person. The parties will be afforded fifteen minutes each to present oral
argument on the exceptions. The Planning Commission Chair may enlarge the time
afforded under this provision if, in his or her judgment, the circumstances warrant such
enlargement. The Planning Commission may address questions to the parties, members
of the public, or staff, or to anyone else related to the recommended order at its
discretion. No party, including staff, may submit new evidence to the Planning
Commission; presentations must be confined to evidence made part of the record before
the administrative law judge.
(g) Action on the Recommended Order. The Planning Commission shall adopt the
recommended order, adopt the recommended order with changes, or direct staff to
prepare a revised order. The Planning Commission may also remand the recommended
order to the administrative law judge if additional findings are necessary. The Planning
Commission shall not change any findings of fact reached by the administrative law
judge unless after review of the entire record, the Planning Commission finds there is no
competent substantial evidence to support the administrative law judge’s findings. The
Planning Commission may change conclusions of law if it is found that the
administrative law judge did not apply the correct law. If the Planning Commission
directs staff to prepare a revised order consistent with its vote, the revised order shall be
submitted to the Planning Commission at its next regularly scheduled meeting for final
action.
Section 11. Rendition of Decisions of the Planning Commission. Every decision of the
Planning Commission shall be promptly rendered, as defined in these Bylaws, and shall be open
to public inspection. A copy shall be sent by e-mail and U.S. Mail, facsimile, or hand-delivery to
the parties. The Planning Commission decision shall not be deemed final until it is rendered.
Section 12. Order Closing File; Settlement Agreements. An applicant may withdraw its
application, a petitioner may withdraw its petition for formal quasi-judicial proceedings or notice
of intent to file same, or the parties may settle their dispute any time before the Planning
Commission takes final action. Upon filing of a notice of withdrawal of the application (by the
applicant) or the filing of the withdrawal of the petition for formal quasi-judicial proceedings (by
the petitioner), or filing of a settlement agreement (by the parties) or a notice of a settlement
agreement, the Clerk of the Planning Commission will enter an Order Closing File, unless the
Planning Commission is required to take further action on a matter. The entry of this order will
terminate the formal quasi-judicial proceedings. A notice of voluntary dismissal must be
forwarded to the administrative law judge if the matter is pending before the administrative law
judge. The Planning Commission will not take further action on the matter, except in those cases
where the application has not been withdrawn and the Planning Commission is required by code
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to hold a duly noticed public hearing in order to render a decision or make a recommendation to
the City or County Commission.
ARTICLE X - AGENDAS
The Planning Commission will normally follow its printed or typed agenda for the order of
business at each meeting. The Chair, without objection from the members, may alter, including
temporarily passing, the order of business on the agenda. If an objection is noted by a member, a
motion duly made and passed is required to rearrange the order of business noted on the agenda.
ARTICLE XI - CONFLICT OF INTEREST
The Commission will be governed by the applicable requirements of Section 112.3143, Florida
Statutes, as may be amended from time to time. A copy of Section 112.3143 is attached hereto
as Appendix III. References to "days" in said statutory provision shall mean calendar days.
ARTICLE XII - OTHER RULES OF PROCEDURE
Except where in conflict with these Bylaws or pertinent codes, the Planning Commission shall
adhere to “Robert's Rules of Order, as may be revised from time to time, Revised” in conducting
its business and meetings.
ARTICLE XIII - CLERK OF THE PLANNING COMMISSION;

CLERK OF THE LOCAL PLANNING AGENCY
Section 1. Clerk of the Planning Commission. The Clerk of the Planning Commission shall be
appointed by the Director of the Tallahassee-Leon County Planning Department and shall serve
as secretary of the Commission, a non-voting staff position. The Clerk shall have the
responsibility for preserving recorded tapes and keeping minutes of each regular and special
meeting of the Planning Commission as required by Section 286.011, Florida Statutes. The
minutes thus prepared become the official minutes of the Planning Commission once they have
been presented to and approved by motion of the Planning Commission. The Clerk of the
Planning Commission shall also be responsible for providing notices of all meetings, arranging
meeting location, and preparing and distributing appropriate information relating to the agenda
and performing other duties as set forth elsewhere in these Bylaws.
Section 2. Clerk of the Local Planning Agency. The Clerk of the Local Planning Agency shall
be appointed by the Director of the Tallahassee-Leon County Planning Department and shall
serve as secretary of the Local Planning Agency, a non-voting staff position. The Clerk shall
have the responsibility for preserving recorded tapes and keeping minutes of each regular and
special meeting of the Local Planning Agency as required by Section 286.011, Florida Statutes.
The minutes thus prepared become the official minutes of the Local Planning Agency once they
have been presented to and approved by motion of the Local Planning Agency. The Clerk of the
Local Planning Agency shall also be responsible for providing notices of all meetings, arranging
meeting location, and preparing and distributing appropriate information relating to the agenda
and performing other duties as set forth elsewhere in these Bylaws.
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ARTICLE XIV - INFORMAL PROCEDURES FOR

QUASI-JUDICIAL PROCEEDINGS;
WAIVER OF FORMAL QUASI-JUDICIAL PROCEDURES
Section 1. Waiver of Formal Quasi-judicial Procedures. In any case where a petition for
formal quasi-judicial proceedings has been filed, the parties may agree to waive any formal
quasi-judicial procedures by written stipulation to be filed with the administrative law judge. In
the event that the formal evidentiary hearing provisions for quasi-judicial proceedings of Article
IX are waived by the parties to the proceedings, the Planning Commission will proceed under the
informal procedures set forth in Section 2 of this Article XIV of Part I.
Section 2. Informal Procedures. The Planning Commission shall hear all applications coming
before it using the informal procedures set forth herein unless a petition for formal quasi-judicial
proceedings has been filed. Under its informal procedures, the Planning Commission will hear a
report from staff followed by a presentation from the applicant. Public comment will be allowed
thereafter. Each speaker shall be limited to three minutes unless additional time is permitted by
the Chair. The Planning Commission's record will consist of the staff report and attachments, the
testimony received and any additional exhibits submitted at the public hearing. The provisions
of Section 3(a)3) of Article IX of this Part I pertaining to verbatim record requirements apply to
informal procedures of the Planning Commission. The record may not be supplemented without
the express approval of the Planning Commission upon a majority vote. Ex parte
communications shall be prohibited. Planning Commissioners who receive ex parte
communications shall report them on the record and the Commission shall afford affected parties
the right to respond. Findings of the Commission will be reduced to writing by staff after the
vote.
ARTICLE XV – PROCEDURES FOR PROJECTS GOVERNED BY

SECTION 403.973, FLORIDA STATUTES
(CITY OF TALLAHASSEE ONLY)
Section 1. Section 403.973, Florida Statutes, Projects. Projects addressed by Section 403.973,
Florida Statutes, will be subject to the provisions of said section and governed by any codes of
the City of Tallahassee applicable to such projects to the extent any such provisions are in
conflict with these Bylaws.
ARTICLE XVI. COMPLIANCE WITH FLORIDA LAWS AND CODES
Section 1. Public Records Law and E-Mails. Each member of the Planning Commission shall
comply with the Florida’s Public Records Law, Chapter 119, Florida Statutes, and Board of
County Commissioners Policy 96-4, “Policy on Public Records Law and E-Mail,” as may be
amended from time to time, and each member of the Planning Commission shall be provided a
copy of BCC Policy 96-4.
Section 2. Government in the Sunshine Law. Each member of the Planning Commission shall
comply with the Florida Government in the Sunshine Law, Chapter 286, Florida Statutes, as may
be amended from time to time.
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Section 3. Code of Ethics. The Planning Commission shall comply with the following state
laws and Board of County Commission Policies with regard to the Florida Code of Ethics for
Public Officers and Employees:
(a) Each member of the Planning Commission shall comply with Section 112.3143,
Florida Statutes, “Voting Conflicts,” as may be amended from time to time, and shall be
provided a copy of Section 112.3143. A copy appears in Appendix III to these Bylaws.
(b) Each member of the Planning Commission shall abide by the Standards of Conduct
set forth in Section 112.313, Florida Statutes, as may be amended from time to time, and
shall be provided a copy of Section 112.313, Florida Statutes.
(c) When acting on City matters, each member of the Planning Commission shall abide
by the Code of Ethics of the City of Tallahassee found in Division 3, Chapter 2 of the
Tallahassee Code of General Ordinances.
PART II
TALLAHASSEE-LEON COUNTY
LOCAL PLANNING AGENCY
ARTICLE I NAME AND AUTHORIZATION
Section 1. Name. Pursuant to Objective 1.1 of the Intergovernmental Coordination Element of

the Comprehensive Plan, the Tallahassee-Leon County Planning Commission shall act as the
"Tallahassee-Leon County Local Planning Agency" herein referred to as the "Local Planning
Agency" when performing those duties of the Local Planning Agency required by Florida
Statutes and local codes.
Section 2. Authorization. The Local Planning Agency exists by authority of the "Tallahassee-
Leon 2030 Comprehensive Plan as amended," initially adopted on July 16, 1990, by City of
Tallahassee Ordinance 90-O-0076, and by Leon County Ordinance 90-30; by City of Tallahassee
Ordinance 92-O-0029, and by Leon County Ordinance 92-15. Termination or restructuring of
the Local Planning Agency shall be through the comprehensive plan amendment process and
through the statutory requirements for local planning agencies, consistent with Chapter 163,
Florida Statutes.
ARTICLE II - DUTIES AND RESPONSIBILITIES
Section 1. Monitor and Recommend. The Local Planning Agency shall monitor and oversee
the effectiveness and status of the comprehensive plan and recommend to the City and County
commissions such changes in the comprehensive plan as may be required from time to time,
including preparation of such notification to the state land planning agency as is required by
Section 163.3191, Florida Statutes.
Section 2. Coordination with Governmental Entities. The Local Planning Agency shall
coordinate the comprehensive plan of the City of Tallahassee and Leon County with the plans of
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other governmental entities, to include the School Board, other units of government providing
service but not having regulatory authority over the use of land, and adjacent counties.
Section 3. Level of Service Standards. The Local Planning Agency shall ensure coordination
in establishing level of service standards for public facilities with any other entities having
operational and maintenance responsibilities for such facilities.
Section 4. Planning Coordination. The Local Planning Agency shall provide regular
opportunities for other entities to present their plans to the agency, and for the agency to
communicate its plans to the other entities for the purpose of planning coordination.
Section 5. Resolving Conflict. The Local Planning Agency shall serve as a recommending body
to the City and County commissions in resolving conflicts between the plans of the other entities
with those of the City and the County.
Section 6. Mediation. The Local Planning Agency shall periodically coordinate with adjacent
Local Planning Agencies on issues of mutual interest, and serve as a mediating body where
conflicts exist.
Section 7. Target Issues. The Local Planning Agency shall serve as a means to monitor and
evaluate plan implementation, utilize a target issues process to track dates and actions as shown
in the plan.
Section 8. Permitting Process. The Local Planning Agency shall serve as the coordination and
monitoring mechanism to ensure the coordination of the permitting process in order to protect
natural resource features through the appropriate location and intensity of development.
Section 9. General Duties. The Local Planning Agency shall perform any other function,
duties, and responsibilities assigned to it by the City Commission, County Commission, or
general or special law.
ARTICLE III – OFFICERS AND DUTIES
Section 1. Designation of Officers. The Chair of the Local Planning Agency shall be the Chair
of the Tallahassee-Leon County Planning Commission. The Vice-Chair of the Local Planning
Agency shall be the Vice-Chair of the Tallahassee-Leon County Planning Commission.
Section 2. Duties. The Chair shall: preside at all meetings of the Local Planning Agency; sign
all official correspondence for the Local Planning Agency; and serve as the official
representative of the Local Planning Agency. In the absence of the Chair, the Vice-Chair shall
perform these functions. The most senior member present will serve as Chair in the absence of
the elected Chair and Vice-Chair.
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ARTICLE IV – MEETINGS AND LOCATIONS
Section 1. Meetings. The Local Planning Agency shall meet as necessary in order to
accomplish the purposes assigned to it by the City of Tallahassee and Leon County. All
meetings shall be duly noticed public meetings, and all records shall be public records. The
Local Planning Agency shall encourage diversified public participation. The public shall be
afforded the opportunity to comment at all meetings, within the constraints of time and relevancy
as determined by the Chair.
Section 2. Meeting Locations. Meetings shall be held in facilities that are readily accessible to
the public.
ARTICLE V - GENERAL PROVISIONS
Section 1. Voting Rights. Each member shall be entitled to one vote. Proxy votes and absentee
ballots shall not be allowed.
Section 2. Parliamentary Procedure. Robert's Rules of Order, as may be revised from time to
time, shall be the authority on parliamentary procedure at all meetings, unless in conflict with
these Bylaws, in which case these Bylaws shall govern.
ARTICLE VI - THE GOAL OF PUBLIC

PARTICIPATION PROCEDURES
Section 1. The Goal of Public Participation. By definition, a goal is a statement of purpose

intended to define an ultimate or end state. The goal for the public participation process in
planning for Tallahassee-Leon County is as follows:
To provide timely two-way communications between the residents of

Tallahassee-Leon County and those responsible for preparation of
amendments to and evaluation of the Comprehensive Plan. These plan
processes should be accomplished in such a way so as to foster a sense of
partnership between the government and the public; to create a sense of
ownership and informed consent on the part of the public regarding the
plan and the planning process; and to create a sense of trust between
government and the public.
ARTICLE VII - OBJECTIVES OF PUBLIC

PARTICIPATION PROCEDURES
Section 1. Objectives. Objectives are specific accomplishments, or series of accomplishments,

necessary to the satisfactory pursuit of a goal. Objectives measure the success being realized in
reaching a desired goal. Objectives for public participation in Tallahassee-Leon County planning
efforts are:
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(a) The community understands the needs and the associated costs related to the
comprehensive plan.
(b) Opportunities are provided for the public to be involved in the planning process and
to be informed of planning actions.
(c) Procedures assure that property owners are notified of official actions that will affect
the use of their property.
(d) Procedures assure that the public has opportunities to provide written comments.
(e) Procedures require consideration and response to public comments.
(f) Procedures meet all state and local legal requirements for public notice and conduct of
public meetings.
ARTICLE VIII - PUBLIC PARTICIPATION PROCEDURES
Section 1. Public Participation Procedures; Newspaper Advertising; Mailing List; Free

Publicity; Meetings; Information Depositories; Written Comments; Public Hearings;
Workshop Sessions; Modification to Proposed Amendments.
(a) Public Participation Procedures. In order to meet the -public participation goal and
objectives as outlined above for Tallahassee-Leon County, the procedures set forth below
will be utilized by the Local Planning Agency in fulfilling its planning responsibilities:
(b) Newspaper Advertising. All regular meetings and workshops of the Local Planning
Agency shall be duly noticed. The notice will be of sufficient size and design (within
reasonable budgetary limitations) so as to be readily noticeable by interested persons.
The ad shall: include the purpose (including the title of proposed amendments), date,
time, and location of the meetings; advise interested persons of their right to appear and
be heard; and offer the opportunity to obtain additional information, inspect copies of the
agenda and staff reports.
(c) Mailing List. All interested persons will be afforded the opportunity (through
advertising and other techniques) to have their name placed on an e-mail subscription
service to receive e-mailed notice of meetings, workshops, seminars, and public hearings
related to development of the comprehensive plan.
(d) Free Publicity. Advantage will be taken of any free publicity opportunities that may
be available. Notices of meetings will be submitted to the respective City and County
community liaison offices for inclusion in periodic community service listings or
announcements of meetings. Other low cost techniques such as media releases, public
service announcements, and presentations to community groups will also be utilized
when appropriate in order to provide information to the public and to receive their
comments.
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(e) Meetings. All Local Planning Agency meetings will be duly noticed public meetings.
Members of the public will be afforded the opportunity to comment at all meetings,
within the constraints of time and relevancy as determined by the Chair.
(f) Information Depositories. Relevant planning information, reports, and documents

will be provided to public libraries, including via internet access, and other suitable
information depositories in the community in order to make the information readily
available to interested persons. Groups that request complete Local Planning Agency
agenda packages will be encouraged to serve as information depositories.
(g) Written Comments. Written comments can be addressed to the Local Planning
Agency through the Planning Department. Depending upon the nature or extent of
written comments received, such comments will be summarized, or provided in their
entirety to the Local Planning Agency members for consideration.
(h) Public Hearings. Public hearings will be conducted in accordance with the
requirements of Sections 286.011 and 286.0114 and Chapter 163, Florida Statutes.
Additional hearings can be held at local option. All hearings will meet legal
requirements relating to advertising, and will be held at a time and location convenient to
the general public. Beyond the legal requirements, other public notification techniques as
outlined, and as appropriate, will be utilized.
(i) Workshop Sessions. Workshop sessions constitute public meetings and will be duly
noticed. Workshops shall be held at a time and location that is accessible to the public.
Workshop sessions will be generally less formal than regularly scheduled meetings and
public hearings in order to encourage a more spontaneous flow of discussion among the
participants. Workshops do not require a quorum. However, no formal action shall be
taken at a workshop where there is no quorum. Such workshops can be geographically
based or issue based, depending on the need.
(j) Modification to Proposed Amendments. The Local Planning Agency may

recommend modifications to amendments after hearing public comment. These
modifications may include changes to text or changes increasing or reducing the area of
coverage of a map amendment.
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APPENDIX I
FORM FOR
PETITION FOR FORMAL QUASI-JUDICIAL PROCEEDINGS
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PETITION FOR FORMAL QUASI-JUDICIAL PROCEEDINGS
Before the Tallahassee-Leon County

Planning Commission
NOTICE: TO BE ENTITLED TO FORMAL QUASI-JUDICIAL PROCEEDINGS, THE PETITIONER MUST BE

A PERSON WHO WILL SUFFER AN ADVERSE EFFECT TO AN INTEREST PROTECTED OR FURTHERED
BY THE COMPREHENSIVE PLAN, INCLUDING INTERESTS RELEATED TO HEALTH AND SAFETY,
POLICE AND FIRE PROTECTION SERVICE SYSTEMS, DENSITIES OR INTENSITIES OF
DEVELOPMENT, TRANSPORTATION FACILITIES, HEALTH CARE FACILITIES, EQUIPMENT OR
SERVICES OR ENVIRONMENTAL OR NATURAL RESOURCES. THE ALLEGED ADVERSE EFFECT
MAY BE SHARED IN COMMON WITH OTHER MEMBERS OF THE COMMUNITY AT LARGE, BUT
MUST EXCEED IN DEGREE THE GENERAL INTEREST IN COMMUNITY GOOD SHARED BY ALL
PERSONS.
FILING FEE MUST BE PAID WHEN THE PETITION IS FILED.
1. This is a petition to initiate formal quasi-judicial proceedings to review a:

______ decision
recommendation
of ____________________________________________________________________to
_______ approve
_______ deny
the following ________________________________________________(action/project)
Project Identification Number: ______________________________________________

Date decision rendered (if applicable): ________________________________________
Project Location:
_______ City of Tallahassee
_______ Leon County
The petition will be forwarded to a mediator unless mediation is not requested. Costs of
mediation shall be borne by the parties.
Check here if _______ mediation is not requested.
2. Name of Petitioner:
Address of Petitioner:
Telephone Number of Petitioner: Facsimile:

e-mail address of Petitioner (listing of e-mail address indicates willingness to receive
documents via email): _______________________________________________
Name of Petitioner's Representative (where applicable):
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56508899;1
Address of Petitioner's Representative:
Telephone Number of Petitioner's Representative: Facsimile:

e-mail address of Petitioner's Representative (listing of e-mail address indicates
willingness to receive documents via email): ___________________________________
Name of Project Applicant (if different from Petitioner):
Address of Project Applicant:
Telephone Number of Project Applicant: Facsimile:

e-mail address of Project Applicant (listing of e-mail address indicates willingness to
accept service via email):___________________________________________________
3. Right to formal quasi-judicial proceedings [See notice above. Failure to list sufficient
facts to show entitlement to formal quasi-judicial proceedings will result in denial of
petition]: Provide an explanation of how Petitioner's substantial interests will be
adversely affected by the determination or recommendation being challenged by
Petitioner:
4. Petitioner received notice of the determination/proposed action dated_____________ on

, 20_____ by:
U.S. Mail.
Publication in the newspaper.
City/County or Planning Commission Website
Other: Explanation
Note: A copy of the determination/proposed action must be attached to this petition.
5. A statement of all facts that are disputed by Petitioner:
6. A statement of the specific facts the Petitioner contends warrant reversal or modification
of the determination or proposed recommendation:
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7. A statement of the specific code provisions the Petitioner contends require reversal or
modification of the determination or proposed recommendation. [Note: Failure to list
specific provisions will result in denial of petition.]
8. A statement of the relief sought by Petitioner, stating precisely the action Petitioner
wishes the Commission to take with respect to the determination or proposed
recommendation.
9. _______I hereby request entry of a procedural order.
SIGNATURE DATE
Check one:
______ Petitioner
______ Petitioner's Representative
CERTIFICATE OF SERVICE
I certify that a copy of this document has been furnished to:
The project applicant:

at the following address: to
legal counsel for the local government:
at the following address
by: ________e-mail (if used) and_____ U.S. Mail _____ Facsimile _____Hand-delivery, this
day of , 20___.
Signature
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56508899;1
APPENDIX II
Adopted Division of Administrative Hearings Rules
28-106.104 Filing.
(1) In construing these rules or any order of a presiding officer, filing shall mean received by the
office of the agency clerk during normal business hours or by the presiding officer during the
course of a hearing.
(2) All pleadings filed with the agency shall contain the following:
(a) The style of the proceeding involved;
(b) The docket, case or file number, if any;
(c) The name of the party on whose behalf the pleading is filed;
(d) The name, address, any e-mail address, and telephone number of the person filing the
pleading;
(e) The signature of the person filing the pleading; and
(f) A certificate of service that copies have been furnished to all other parties as required by
subsection (4) of this rule.
(3) Any document received by the office of the agency clerk before 5:00 p.m. shall be filed as of
that day but any document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next
regular business day.
(4) Whenever a party files a pleading or other document with the agency, that party shall serve
copies of the pleading or other document upon all other parties to the proceeding. A certificate of
service shall accompany each pleading or other document filed with the agency.
(5) All parties, if they are not represented, or their attorneys or qualified representatives shall
promptly notify all other parties and the presiding officer of any changes to their contact
information by filing a notice of the change.
(6) All papers filed shall be titled to indicate clearly the subject matter of the paper and the party
requesting relief.
(7) All original pleadings shall be on white paper measuring 8½ by 11 inches, with margins of
no less than one inch. Originals shall be printed or typewritten.
28-106.108 Consolidation.
If there are separate matters which involve similar issues of law or fact, or identical parties, the
matters may be consolidated if it appears that consolidation would promote the just, speedy, and
inexpensive resolution of the proceedings, and would not unduly prejudice the rights of a party.
28-106.110 Service of Papers.
Unless the presiding officer otherwise orders, every pleading and every other paper filed in a
proceeding, except applications for witness subpoenas, shall be served on each party or the
party's representative at the last address of record.
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28-106.203 Answer.
A respondent may file an answer to the petition.
28-106.211 Conduct of Proceedings.
The presiding officer before whom a case is pending may issue any orders necessary to
effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive
determination of all aspects of the case, including bifurcating the proceeding.
28-106.213 Evidence.
(1) Oral evidence shall be taken only on oath or affirmation.

(2) Each party shall have the right to impeach any witness regardless of which party called the
witness to testify.
(3) Hearsay evidence, whether received in evidence over objection or not, may be used to
supplement or explain other evidence, but shall not be sufficient in itself to support a finding
unless the evidence falls within an exception to the hearsay rule as found in Sections 90.801-
.805, F. S.
(4) The rules of privilege apply to the same extent as in civil actions under Florida law.
(5) If requested and if the necessary equipment is reasonably available, testimony may be taken
by means of video teleconference or by telephone.
(a) If a party cross-examining the witness desires to have the witness review documents or other
items not reasonably available for the witness to review at that time, then the party shall be given
a reasonable opportunity to complete the cross-examination at a later time or date for the purpose
of making those documents or other items available to the witness.
(b) For any testimony taken by telephone, a notary public must be physically present with the
witness to administer the oath. The notary public shall provide a written certification to be filed
with the presiding officer confirming the identity of the witness, and confirming the affirmation
or oath by the witness. It shall be the responsibility of the party calling the witness to secure the
services of a notary public.
(6) When official recognition is requested, the parties shall be notified and given an opportunity
to examine and contest the material. Requests for official recognition shall be by motion and
shall be considered in accordance with the provisions governing judicial notice in Sections
90.201 - .203, F.S.
28-106.215 Post-Hearing Submittals.
All parties may submit proposed findings of fact, conclusions of law, orders, and memoranda on
the issues within a time designated by the presiding officer. Unless authorized by the presiding
officer, proposed orders shall be limited to 40 pages.
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56508899;1
APPENDIX III
Section 112.3143, Florida Statutes - Voting conflicts
(1) As used in this section:

(a) "Principal by whom retained" means an individual or entity, other than an agency as defined
in s. 112.312(2), that for compensation, salary, pay, consideration, or similar thing of value, has
permitted or directed another to act for the individual or entity, and includes, but is not limited to,
one's client, employer, or the parent, subsidiary, or sibling organization of one's client or
employer.
(b) "Public officer" includes any person elected or appointed to hold office in any agency,
including any person serving on an advisory body.
(c) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in-
law, mother-in-law, son-in-law, or daughter-in-law.
(d) "Special private gain or loss" means an economic benefit or harm that would inure to the
officer, his or her relative, business associate, or principal, unless the measure affects a class that
includes the officer, his or her relative, business associate, or principal, in which case, at least the
following factors must be considered when determining whether a special private gain or loss
exists:
1. The size of the class affected by the vote.
2. The nature of the interests involved.
3. The degree to which the interests of all members of the class are affected by the vote.
4. The degree to which the officer, his or her relative, business associate, or principal receives a
greater benefit or harm when compared to other members of the class.
The degree to which there is uncertainty at the time of the vote as to whether there would be any
economic benefit or harm to the public officer, his or her relative, business associate, or principal
and, if so, the nature or degree of the economic benefit or harm must also be considered.
(2)(a) A state public officer may not vote on any matter that the officer knows would inure to his
or her special private gain or loss. Any state public officer who abstains from voting in an
official capacity upon any measure that the officer knows would inure to the officer’s special
private gain or loss, or who votes in an official capacity on a measure that he or she knows would
inure to the special private gain or loss of any principal by whom the officer is retained or to the
parent organization or subsidiary of a corporate principal by which the officer is retained other
than an agency as defined in s. 112.312(2); or which the officer knows would inure to the special
private gain or loss of a relative or business associate of the public officer, shall make every
reasonable effort to disclose the nature of his or her interest as a public record in a memorandum
filed with the person responsible for recording the minutes of the meeting, who shall incorporate
the memorandum in the minutes. If it is not possible for the state public officer to file a
memorandum before the vote, the memorandum must be filed with the person responsible for
recording the minutes of the meeting no later than 15 days after the vote.
(b) A member of the Legislature may satisfy the disclosure requirements of this section by filing
a disclosure form created pursuant to the rules of the member’s respective house if the member
discloses the information required by this subsection.
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(3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon
any measure which would inure to his or her special private gain or loss; which he or she knows
would inure to the special private gain or loss of any principal by whom he or she is retained or
to the parent organization or subsidiary of a corporate principal by which he or she is retained,
other than an agency as defined in s. 112.312(2); or which he or she knows would inure to the
special private gain or loss of a relative or business associate of the public officer. Such public
officer shall, prior to the vote being taken, publicly state to the assembly the nature of the
officer's interest in the matter from which he or she is abstaining from voting and, within 15 days
after the vote occurs, disclose the nature of his or her interest as a public record in a
memorandum filed with the person responsible for recording the minutes of the meeting, who
shall incorporate the memorandum in the minutes.
(b) However, a commissioner of a community redevelopment agency created or designated
pursuant to s. 163.356 or s. 163.357, or an officer of an independent special tax district elected
on a one-acre, one-vote basis, is not prohibited from voting, when voting in said capacity.
(4) No appointed public officer shall participate in any matter which would inure to the officer's
special private gain or loss; which the officer knows would inure to the special private gain or
loss of any principal by whom he or she is retained or to the parent organization or subsidiary of
a corporate principal by which he or she is retained; or which he or she knows would inure to the
special private gain or loss of a relative or business associate of the public officer, without first
disclosing the nature of his or her interest in the matter.
(a) Such disclosure, indicating the nature of the conflict, shall be made in a written
memorandum filed with the person responsible for recording the minutes of the meeting, prior to
the meeting in which consideration of the matter will take place, and shall be incorporated into
the minutes. Any such memorandum shall become a public record upon filing, shall
immediately be provided to the other members of the agency, and shall be read publicly at the
next meeting held subsequent to the filing of this written memorandum.
(b) In the event that disclosure has not been made prior to the meeting or that any conflict is
unknown prior to the meeting, the disclosure shall be made orally at the meeting when it
becomes known that a conflict exists. A written memorandum disclosing the nature of the
conflict shall then be filed within 15 days after the oral disclosure with the person responsible for
recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at
which the oral disclosure was made. Any such memorandum shall become a public record upon
filing, shall immediately be provided to the other members of the agency, and shall be read
publicly at the next meeting held subsequent to the filing of this written memorandum.
(c) For purposes of this subsection, the term "participate" means any attempt to influence the
decision by oral or written communication, whether made by the officer or at the officer's
direction.
(5) If disclosure of specific information would violate confidentiality or privilege pursuant to

law or rules governing attorneys, a public officer, who is also an attorney, may comply with the
disclosure requirements of this section by disclosing the nature of the interest in such a way as to
provide the public with notice of the conflict.
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56508899;1
(6) Whenever a public officer or former public officer is being considered for appointment or
reappointment to public office, the appointing body shall consider the number and nature of the
memoranda of conflict previously filed under this section by said officer.
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56508899;1
APPENDIX IV
TALLAHASSEE-LEON COUNTY PLANNING COMMISSION

Procedure for Selection of Planning Commission Mediator
The Planning Department, on behalf of the City of Tallahassee and Leon County, will publish an
advertisement at least once every 3 years in the Florida Bar News or other appropriate
publications, requesting applications to serve as Planning Commission mediators. To qualify as
a Planning Commission mediator, an applicant must:
a) Be certified by the Florida Supreme Court as a circuit court mediator;

b) Have served as a certified mediator for at least 3 years; and
c) Have been a member of the Florida Bar at least 5 years
No mediator shall qualify to serve if he or she is an employee of the same law firm that employs
a Planning Commissioner or Planning Commission counsel, nor shall such mediator's firm
represent any party in the proceedings in question.
Applications may be obtained from the Planning Department and must be submitted to the Clerk
of the Planning Commission. Mediators meeting the criteria (as determined by the Clerk of the
Planning Commission upon consultation with the Planning Commission Attorney) will be placed
on a list in the order in which the Planning Department received the applications. The total cost
of mediation will be shared by the parties, who shall be the applicant, the local government and
the petitioner, if different from the applicant. The mediator is responsible for billing and
collecting his/her fee.
To satisfy the requirements listed above, the applicants must submit:
a) Evidence of certification by the Florida Supreme Court as a mediator at the circuit

court level;
b) A list of mediations conducted over the past 3 years (minimum of 3); and
c) Evidence of Florida Bar membership.
Once it is determined that the parties will select mediation under the Planning Commission
Bylaws, the Clerk of the Planning Commission will ask the parties to select a mediator within a
specified time from the list of approved mediators. If the parties fail to select a mediator within
the time set, the Clerk will select a mediator from the list. The mediator selected by the Clerk
shall be the next one on the list that has not yet been called to serve as mediator and does not
have a conflict.
The Clerk of the Planning Commission shall send a copy of the petition for hearing to the
selected mediator together with contact information about the parties. A copy of the transmittal
letter shall be forwarded to the parties. The mediator will contact the parties with respect to
mediation.
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LEON COUNTY, FLORIDA
By:
Vincent S. Long, County Administrator
Date: 3/11/21
APPROVED AS TO LEGAL
SUFFICIENCY:
Chasity H. O’Steen, County Attorney
Leon County Attorney’s Office
By:
Emily R. Pepin
Assistant County Attorney
41
56508899;1

Complaint W - Exhibits - Filed

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Case 4:22-cv-00061-AW-MAF Document 1 Filed 02/07/22 Page 1 of 44

UNITED STATES DISTRICT COURT

COMPLAINT FOR DECLARATORY JUDGMENT, PERMANENT

of the City’s laws and policies against the Plaintiffs.

1. This suit is brought pursuant to 42 U.S.C. §1983:

2. This Court has “Federal Question” jurisdiction pursuant to 28 U.S.C. §1331 to

protection of civil rights.

and Fourteenth Amendments to the United States Constitution.

7. Venue is proper in the Northern District of Florida, Tallahassee Division, since

and geographical area assigned to the Tallahassee Division.

8. Plaintiff, CITY WALK - URBAN MISSION INC. (hereinafter referred to as

9. Plaintiff, RENEE MILLER, (hereinafter referred to as “RENEE”) is an

and matters herein stated.

10. Plaintiff, ANTHONY MILLER (hereinafter referred to as “ANTHONY”), is an

of the facts and matters herein stated.

11. Defendant, CITY OF TALLAHASSEE, Florida (“CITY” or “TALLAHASSEE”),

12. The Tallahassee-Leon County Planning Commission (“Planning Commission”), is

The Tallahassee–Leon County Planning Commission [“Planning Commission” or

COLOR OF STATE LAW

PLAINTIFFS’ RELIGIOUS BELIEFS AND PRACTICES

downtrodden and needy of our fellow citizens – the homeless.

15. RENEE has described this mission in the following terms:

residents, and it welcomes all of God’s children.

providers of housing for the homeless. As RENEE has previously testified:

highway also designated as U.S. Highway 90.

22. The CITY WALK building provides residential accommodations for up to 64

includes social services in a rules-based environment.

25. CITY WALK’s homeless mission is considered to be a “Transitional Residential

Facility” pursuant to §1-2- Definitions, Tallahassee LDC,

26. Plaintiffs consider the operation of the Transitional Residential Facility to be a

religious practice and an integral part of their religious mission.

PLAINTIFFS’ RELIGIOUS MISSION IS A FORM OF FREE SPEECH PROTECTED

City Walk homeless mission.

28. The Free Exercise component of Plaintiffs’ claim is self-evident.

30. Plaintiffs communicate a specific message which is understood by their audience.

must be charitable to our neighbors while on Earth.

32. Plaintiffs’ speech finds its expression in three complimentary forms:

religious message and activities most resembles a conventional church:

(2) Plaintiffs hold regularly scheduled church services led by RENEE, an

words and the discipline of good works.

(4) Plaintiffs actively proselytize to lapsed Christians, non-believers and those

needs of the unhoused. This expression has the following attributes:

(1) The operation of a homeless mission is intended as a living expression of two

aspects of Christ’s own mission:

times. Use words if necessary”.

(a) Jehovah’s Witnesses are especially noted for their door-to-door

proselyting, which they maintain is rooted in Biblical commands. 1

(b) Youthful members of the Church of Jesus Christ of Latter-Day Saints

(c) Hare Krishnas are distinguished by their missions providing free

alms in public places). 4

C. The operation of the homeless mission serves as a physical symbol of Christ’s

(1) Unlike Bible readings or religious advocacy, the operation of a Christian

geography as it is the embodiment of God’s Word on the physical Earth.

A basic tenet of ISKCON is an obligatory, evangelical religious ritual known as

(2) The spiritual redemption of individual homeless persons and their

power of Christ’s message.

(3) For Plaintiffs’ message to be understood this symbol must be viewed; it

clearly perceived and understood to be the Gospel of Jesus Christ.

OVERVIEW OF APPLICABLE ORDINANCES AND PROCEDURES