My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
06/04/2020
CBCC
>
Meetings
>
2020's
>
2020
>
06/04/2020
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/19/2020 1:54:44 PM
Creation date
7/7/2020 1:49:10 PM
Metadata
Fields
Template:
Meetings
Meeting Type
BCC Special Call Meeting
Document Type
Agenda Packet
Meeting Date
06/04/2020
Meeting Body
Board of County Commissioners
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
14
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Commissioners argues that it is the county commissioners who decides what "any time" is, subject <br />to the one time in twelve months limitation. <br />The Board of County Commissioners argues that there are three general paths a school <br />board can take to place a measure on the ballot. It cites to School Board of Clay County, Florida v. <br />Clay County, by and through its Board of County Commissioners, Case No. 10 -2019 -CA -806,2 for <br />the proposition that "when the Legislature wants to grant to the district school boards the authority <br />to directly place a resolution on the ballot, it says so. When the Legislature wants to grant to the <br />district school boards the authority to select the type of election for its resolution, it says so." Id. <br />The Board of County Commissioners argues that the third process by which a school district may <br />place a matter before the voters is the method at issue in this case. The Board of County <br />Commissioners states that this method is the same as the one at issue in the 2019 Clay County <br />case, above. <br />However, the Clay County case involves § 212.055 (6), which provides that in order to <br />impose a school capital outlay surtax, the school board must draft a resolution that "shall be placed <br />on the ballot by the governing body of the county." Unlike the statute at issue in this case, <br />§212.055 does not state that the School Board must direct the county commissioners to call an <br />election.3 Thus, the finding that § 212.055 allows the county commissioners to set the date of an <br />election for a capital outlay surtax is inapplicable to this case. <br />As counsel for the School Board noted at oral argument, Section 101133 is a statute that <br />deals with the authority of the School Board, not that of the County Commissioners. There is <br />nothing in §1011.73 requiring an election to be held in conjunction with any particular election or <br />in conjunction with an election that would likely produce a larger turnout. The only restriction on <br />the timing of the election is that there can only be one such election in a 12 -month period. The <br />Court believes that this means that the School Board can only direct the county commissioners to <br />call one such election in a 12 -month period. <br />Mandamus is a "common law remedy used to enforce an established legal right by <br />compelling a person in an official capacity to perform an indisputable ministerial duty required by <br />law." Board of County Comm'rs Broward County, Florida v. Parrish, 154 So. 3d 412, 417 (Fla. <br />4th DCA 2014). An act is ministerial if there is no room for the exercise of the respondent's <br />discretion and the performance being required is directed by law." Id <br />The Court finds that under §1011.73(2), Florida Statutes, once the School Board <br />"directs" the Board of County Commissioners to call an election for a certain date, the <br />2 See Exhibit E to the Complaint. <br />3 The Clay County case cites to Attorney General Opinion 98-29, involving s. 212.055(7), which also involves a <br />surtax and which contains the language "shall be placed on the ballot by the governing body of the county." The <br />opinion specifically contrasts the language in §212.055(7), which "merely provides that the governing body of the <br />county is responsible for placing the resolution on the ballot" with statutes that "clearly authorize a school district to <br />call a referendum or to direct the county commission to call such an election. Op. Att'y Gen. Fla 98-29(1998). The <br />opinion refers to s. 236.31, Florida Statutes, a former version of s. 1011.73, Florida Statutes. See Ch. 02-387, Laws <br />of Florida <br />3 <br />11 <br />
The URL can be used to link to this page
Your browser does not support the video tag.