Deltona legal staff briefs planning board on hearings: ex parte rules, standards of review and a coming statutory change

At the same meeting, city legal staff identified in the record as "Zach" led a lengthier training for the Planning & Zoning Board on the conduct of land‑use hearings, emphasizing the differences between legislative and quasi‑judicial proceedings and the evidentiary standards that apply to each.

Zach told the board that legislative matters (for example, amending the comprehensive plan or land‑development regulations) require broad notice and are reviewed under a "fairly debatable" standard, meaning courts defer to legislative policy decisions if a reasonable basis exists. "Legislative matters involve setting policy," he said, and the board may consider preferences and opinions as policy makers.

By contrast, Zach explained that quasi‑judicial matters — such as rezonings, variances and conditional uses — require direct notice to affected property owners and are reviewed on the administrative record under a higher "competent substantial evidence" standard. He described how testimonial weight differs (sworn testimony carries more weight), how the board should treat evidentiary submissions, and the circumstances under which a hearing may be continued to allow parties to present additional evidence.

The presenter also discussed ex parte communications and bias, advising board members that communications outside a hearing are presumed prejudicial and should be disclosed publicly before decision‑making to cure that presumption. On recusal, he said economic conflicts require a member to step aside, while a member’s personal, localized knowledge must be disclosed if it forms the basis for a motion.

Zach closed with recommended best practices for defensible findings and noted a statutory change passed this legislative session: HB399, which takes effect Jan. 1, 2027, will require specific findings when the board denies an application. He said staff will work with the board to implement that requirement in the board’s procedures.

What happens next: Staff announced upcoming meeting and workshop dates; board members requested reminders and encouraged outreach so residents can engage earlier in the DRC process and consider training such as the Florida Master Naturalist program to build environmental literacy relevant to land‑use decisions.