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Dear Mr. Cherof:

As Attorney for the Town of Lauderdale By The Sea, you have asked for my opinion on substantially the following questions:

1. Does an amendment to a town charter initiated by ten percent of the registered electors pursuant to section 166.031(1), Florida Statutes, constitute "action of a governmental entity" as that term is used in the Bert J. Harris, Jr., Private Property Rights Protection Act?

2. Following such amendments to the charter, does subsequent action by the Town Commission, compelled by language in the charter as amended, constitute "action of a governmental entity"…