Can a City Council Hold Quasi-Judicial Rezoning Hearings? (City of Tampa v. Liberty)

The Facts

Liberty Hospitality Management, LLC asked the Tampa City Council to rezone its property at 800 S. Harbour Island Boulevard and to amend the Harbour Island Development of Regional Impact so it could build a hotel. After neighborhood opposition, the council denied the request. Liberty petitioned the Hillsborough County circuit court for a writ of certiorari, the usual way to challenge a quasi-judicial land-use decision.

Both sides agreed the circuit court had jurisdiction. The circuit judge raised the issue on her own and, on July 29, 2024, dismissed the petition for lack of subject matter jurisdiction. Her order reasoned that the council is a legislative body that had not been granted quasi-judicial power, so certiorari under Article V of the Florida Constitution could not reach it.

The City sought review in the Second District. The court reclassified the proceeding (No. 2D2024-2082) and had it travel with Liberty’s own petition (No. 2D2024-2035), which Liberty later voluntarily dismissed. The case was argued on October 21, 2025, together with a related appeal from the same circuit court litigation. The points below are what the lawyers argued, not findings by the court.

• The City argued the Florida Supreme Court’s 1993 decision in Board of County Commissioners of Brevard County v. Snyder already answered the question: a site-specific rezoning is quasi-judicial action, decided by the “character of the hearing,” and is reviewable by certiorari.
• The City argued “quasi-judicial” describes a process, not judicial power, citing the Second District’s own statement in a 2005 decision involving Verizon, and that the zoning power is a legislative, home-rule police power the charter gives the council.
• Liberty argued Snyder deliberately created a judicial-type tribunal so courts could review rezonings by certiorari, that this is a real power, and that Tampa’s charter, which separates legislative and executive powers, never assigned it. Under section 166.021, it said, changing the distribution of powers among elected officers requires voter approval.
• The panel asked whether section 2.14 of the charter, which lets the council hold hearings and take testimony when exercising its legislative powers, already authorizes the process.

The Decision

The Second District granted the City’s petition on March 6, 2026, in a written opinion (reported at 431 So. 3d 552). As summarized in published commentary on the opinion, the court held that the separation of powers clause in Article II, section 3 of the Florida Constitution applies to the state, not to municipalities; that the council’s power to rezone comes from home rule under Article VIII and is expressly provided in Tampa’s charter and Chapter 166; and that in arriving at a quasi-judicial decision on a rezoning request, the council is not exercising judicial power.

The result is that the circuit court must exercise its certiorari jurisdiction and review the council’s denial of Liberty’s rezoning on the merits. The mandate issued May 7, 2026. Liberty had sought Florida Supreme Court review (No. SC2026-0410); the Supreme Court declined to accept jurisdiction on May 19, 2026.

The Law

Florida treats zoning decisions in two ways. Adopting or changing policy that applies broadly, like a new comprehensive plan or zoning code, is legislative and is reviewed deferentially in an ordinary lawsuit. Applying existing policy to a particular parcel, like a site-specific rezoning, is quasi-judicial under Snyder: the applicant gets a fair hearing, the decision must rest on competent, substantial evidence, and review is by certiorari in circuit court.

Municipal home-rule power is set out in Article VIII, section 2(b) of the Florida Constitution and in section 166.021, which lets cities exercise any power for municipal purposes except when expressly prohibited by law. Subsection (4) of the same statute requires a referendum for charter changes that affect the distribution of powers among elected officers, the provision Liberty relied on. The Florida Rules of Appellate Procedure define the “lower tribunal” whose orders can be reviewed to include a board, commission or body, and rule 9.100 governs original proceedings such as certiorari.

Lessons

• A site-specific rezoning denial in Florida is generally challenged by a certiorari petition in circuit court, and the deadline is short.
• Build the record at the council hearing. Certiorari review looks at the evidence presented there, not new evidence.
• Even when both sides agree a court has jurisdiction, the court can raise jurisdiction on its own, as this circuit judge did.
• The Second District’s opinion keeps the long-standing certiorari practice in place for Tampa; local governments elsewhere should still check their own charters.

Source: City of Tampa v. Liberty Hospitality Management, LLC, No. 2D2024-2082 — Fla. 2d DCA docket (petition granted March 6, 2026; 431 So. 3d 552; review declined, No. SC2026-0410, May 19, 2026); trial court: Liberty Hospitality Management, LLC v. City of Tampa, Hillsborough Circuit Court No. 22-CA-5055 (order of dismissal July 29, 2024).

Watch the Oral Argument

These are three uploads of the same oral argument. What lawyers and judges say at argument is not the ruling; the decision is summarized above.

🚨 Did Tampa Act as Lawmakers or Judges When They Voted on This Rezoning? Tampa | 24-2082

🏛️ City of Tampa Rezoning — Can a City Council Run Quasi-Judicial Hearings? | 24-2082 | FL DCA

🏛️ Tampa Zoning Showdown: Quasi-Judicial Power & Certiorari Review | 24-2082

Go Deeper

• Code Enforcement Appeals Get Full Appellate Review (MGM of West Florida v. Manatee County)
• Daytona Beach Vacation Rental Owners Lose on Appeal (Synk v. City of Daytona Beach)
• Can a Wrong Site Plan Date Kill a Land Deal’s Zoning Deadline? (Blue Lagoon v. Leon Medical)

Frequently Asked Questions

How do I appeal a rezoning denial in Florida?

A denial of a site-specific rezoning is usually a quasi-judicial decision, challenged by a petition for writ of certiorari in circuit court within a short deadline. In the Tampa case, the Second District confirmed in 2026 that the circuit court has that jurisdiction.

Is a rezoning decision legislative or quasi-judicial?

Under the Florida Supreme Court’s Snyder decision, it depends on the character of the hearing. Setting broad policy is legislative; applying existing policy to a specific parcel is quasi-judicial.

Can a city council act like a court?

Not in the sense of exercising judicial power. The Second District held that when the Tampa City Council decides a rezoning request in a quasi-judicial proceeding, it is not exercising judicial power, so the separation of powers argument failed.

What does the court review in a zoning certiorari case?

Whether the applicant got procedural due process, whether the council followed the essential requirements of law, and whether competent, substantial evidence supports the decision. The court reviews the hearing record and does not take new evidence.

Talk to a Florida real estate litigation lawyer

Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.

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