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Legal counsel outlines legislative and quasi‑judicial standards for Bonita Springs council
Summary
City legal counsel David Goldwyn told the council that it must wear separate 'legislative' and 'quasi‑judicial' hats: legislative decisions allow broader discretion, while quasi‑judicial matters require a record based on competent substantial evidence and strict disclosure rules.
David Goldwyn, the city’s legal counsel, told the Bonita Springs City Council at a March workshop that the council operates under two distinct decision‑making standards. "There are two hats that the city council wears," Goldwyn said, "the legislative hat when you're making a legislative decision, and there's a quasi judicial hat when you're making a quasi judicial decision."
Goldwyn said legislative actions—such as adopting a comprehensive plan or land‑development code—allow broader discretion: council members may discuss policy with constituents and applicants, and courts review denials under a deferential "fairly debatable" standard. "If you deny a comprehensive plan amendment, the lawsuit…
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