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06/04/2020
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06/04/2020
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8/19/2020 1:54:44 PM
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7/7/2020 1:49:10 PM
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Meetings
Meeting Type
BCC Special Call Meeting
Document Type
Agenda Packet
Meeting Date
06/04/2020
Meeting Body
Board of County Commissioners
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until June 2021, the School Board argued that it needs to know as soon as possible whether it can <br />depend on the approximately $9-10 million dollars per year that would result if voters approve the <br />4- year extension. The Board of County Commissioners met again on May 19, 2020, and declined <br />to change the date of the election. The School Board filed this mandamus complaint on May 20. <br />School boards have authority under Article VII, Section 9 of the Florida Constitution to <br />levy ad valorem taxes. There are five categories of school millage rates. The one involved in this <br />case is "voted district school operating millage," the millage rate set by the district school board <br />for school operating purposes as authorized by the electors pursuant to s. 9(b), Art. VII of the State <br />Constitution. §200.01(3Xc), Florida Statutes (2019). <br />Section 1011.73(2), Florida Statutes, provides: <br />(2) Millage authorized not to exceed 4 years. --The district school board, pursuant to resolution <br />adopted at a regular meeting, shall direct the county commissioners to call an election at which <br />the electors within the school district may approve an ad valorem tax millage as authorized <br />under s. 1011.71(9). Such election may be held at any time, except that not more than one <br />such election shall be held during any 12 -month period. Any millage so authorized shall be <br />levied for a period not in excess of 4 years or until changed by another millage election, whichever <br />is earlier. If any such election is invalidated by a court of competent jurisdiction, such invalidated <br />election shall be considered not to have been held. <br />§ 1011.73(2), Florida Statutes (2019Xemphasis supplied). <br />Section 1011.71(9), Florida Statutes, provides: <br />(9) In addition to the maximum millage levied under this section and the General Appropriations <br />Act, a school district may levy, by local referendum or in a general election, additional <br />millage for school operational purposes up to an amount that, when combined with nonvoted <br />millage levied under this section, does not exceed the 10 -mill limit established in s. 9(b), Art. <br />VII of the State Constitution. Any such levy shall be for a maximum of 4 years and shall be <br />counted as part of the 10 -mill limit established in s. 9(b), Art. VII of the State Constitution. <br />Millage elections conducted under the authority granted pursuant to this section are subject to s. <br />1011.73. <br />§ 1011.71(9), Florida Statutes (2019Xemphasis supplied). <br />The School Board argues that this is a clear case of statutory interpretation, and argues <br />that under §1011.73(2), Florida Statutes, once the school board "directs" the Board of County <br />Commissioners to call an election for a certain date, the commissioners have no discretion to <br />choose a different date, but must perform the ministerial act of calling for an election as directed <br />by the School Board, including the date requested. <br />The Board of County Commissioners also argues that the language of §1011.73(2) is <br />clear and unambiguous, and that the language, "Such election may be held at any time," as long as <br />there is not more than one such election in any 12 month period, means that the Board of County <br />Commissioners may choose the date of the election_ Essentially, the Board of County <br />2 <br />10 <br />
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