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Filing # 108348105 E -Filed 06/03/2020 04:22:36 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, Defendant. CASE NO: 312020CA000330 ORDER GRANTING COMPLAINT FOR WRIT OF MANDAMUS THIS MATTER is before the Court on the Plaintiff's Emergency Complaint for Writ of Mandamus, filed on May 20, 2020, pursuant to Rule 1.630, Florida Rules of Civil Procedure. The Court having read the Complaint and the responsive pleadings, and having heard argument on June 3, 2020, and being otherwise duly advised on the premises, finds as follows: In August 2016, Indian River County voters approved via ballot referendum an Essential Operating Needs school district ad valorem millage of 0.50 mills for four years, which will expire at the end of fiscal year 2020-2021. On April 28, 2020, the School Board met and approved Resolution 2020-09, which indicated that the Board had determined that it was in the best interest of the students of Indian River County to submit to the voters the question of continuing the ad valorem millage of a .050 mill for four years for essential operating needs, to provide high quality educational opportunities for all students, recruit and retain high-quality educators, create technology -rich classrooms, and expand supports for school safety and mental health. The resolution directed the Board of County Commissioners of Indian River County to call an election in conjunction with the August 18, 2020 primary, at which electors within the school district may vote on the continuation of an ad valorem millage of 0.50 mill for four years, as authorized in § 1011.73(2), Florida Statutes (2019).1 On May 12, 2020, the Board of County Commissioners met and voted to place the matter on the ballot, but for the November 3 general election, rather than the August 18 primary election, citing greater voter turnout as the reason. On May 13, the School Board wrote a letter to the Board of County Commissioners, asking them to reconsider the decision, and citing various reasons why it is important that the millage extension referendum be on the August ballot. Although the current millage is in place ' See Exhibit A to Complaint 1 9