HomeMy WebLinkAbout06/04/2020BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
THURSDAY, JUNE 4, 2020 - 4:30 PM
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Chairman Susan Adams
Vice Chairman Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Emergency Special Call Meeting
This meeting can be attended virtually by accessing YouTube Live. Instructions can
be found included with this agenda and also online at www.ircgov.com.
1. CALL TO ORDER
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.B. INVOCATION
Chairman Susan Adams
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
5. COUNTY ATTORNEY MATTERS
S.A. School District Request for Resolution Calling for Referendum on August 18,
2020 Primary Election Ballot
Attachments: Staff Report
Proposed Resolution
Attachment to Proposed Resolution
Order Granting Complaint for Writ of Mandamus
June 4, 2020
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6. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
June 4, 2020
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County Attorney's Matters - B.C.C. 6.4.20
Oce of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: June 3, 2020
SUBJECT: School District Request for Resolution Calling for Referendum on August 18, 2020
Primary Election Ballot
BACKGROUND.
On April 28, 2020, the School Board of Indian River County ("School Board") passed Resolution 2020-
09, directing the Indian River County Board of County Commissioners (the "Board") to call an election, at
which the electors within the School District may vote on the approval of an additional ad valorem
millage of 0.50 mill for school operational purposes for the 2021/2022, 2022/2023, 2023/2024 and
2024/2025 fiscal years. Resolution 2020-09 requested that the referendum be placed on the August 18,
2020 Primary Election ballot.
At the May 12, 2020 Board meeting, the Board voted to place the referendum on the November 3, 2020
General Election ballot. On May 20, 2020, the School Board filed an Emergency Complaint for Writ of
Mandamus. On June 3, 2020, Judge Croom issued the Order Granting Complaint for Writ of Mandamus,
ordering the Board to meet on June 4th for the purpose of adopting a resolution causing to be placed on the
August 18, 2020 primary ballot the proposition contained within School Board Resolution 2020-09.
Pursuant to the order, the County Attorney's Office drafted the attached resolution.
FUNDING.
There is no funding associated with this item.
RECOMMENDATION.
The County Attorney's Office recommends that the Board approve the resolution.
ATTACHMENT(S).
Order Granting Complaint for Writ of Mandamus
Proposed Resolution
C:IUsersUegistarlAppDatalLocall TemplBCL Technologies)easyPDF 81@BCL�OODF29DI@BCL@DOO1F29D.doc
RESOLUTION NO. 2020-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO
CALL AN ELECTION FOR A REFERENDUM TO BE PLACED
ON THE BALLOT OF THE AUGUST 18, 2020 PRIMARY
ELECTION.
WHEREAS, on April 28, 2020, the School Board of Indian River County passed Resolution
2020-09, providing for the holding of a referendum election to determine if the electors of the School
District of Indian River County authorize the School Board of Indian River County to annually levy 0.5
mill for four years; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. A referendum is hereby called pursuant to section 1011.73(2), Florida Statutes, on the
question set forth in the attached Resolution 2020-09 of the School Board of Indian River
County.
2. The Indian River County Supervisor of Elections is hereby directed to place such question on
the ballot of the August 18, 2020 Primary Election;
The foregoing Resolution was offered by Commissioner and seconded
by Commissioner , and, upon being put to a vote, the vote was as follows:
Chairman Susan Adams
Vice -Chairman Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
The Chairman thereupon declared the Resolution duly passed and adopted this 4th day of
June, 2020.
Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA
Court and Comptroller BOARD OF COUNTY COMMISSIONERS
By By
Deputy Clerk Susan Adams
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
2
The School Board of Indian River County, Florida
RESOLUTION
NO: 2020-09
A RESOLUTION OF THE SCHOOL BOARD OF INDIAN RIVER
COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE
HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF
THE ELECTORS OF THE SCHOOL DISTRICT OF INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZE THE SCHOOL BOARD TO
CONTINUE THE ANNUAL LEVY OF THE 0.50 MILL FOR FOUR (4)
YEARS FOR ESSENTIAL OPERATING NEEDS; PROVIDING FOR
NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR
PLACES OF VOTING, INSPECTORS, AND CLERKS; PROVIDING
FOR AN OFFICIAL BALLOT; PROVIDING FOR ABSENTEE
VOTING; PROVIDING FOR EARLY VOTING; PROVIDING FOR
PRINTING OF BALLOTS; PROVIDING FOR THE REFERENDUM
ELECTION PROCEDURE; PROVIDING FOR SEVERABILITY;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
BE IT RESOLVED by The School Board of Indian River County, Florida ("School
Board"), acting as the governing body of the School District of Indian River County, Florida
("School District"), as follows:
SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted
pursuant to Section 1011.73(2), Florida Statutes, and other applicable provisions of law.
SECTION 2. FINDINGS. The School Board hereby finds and determines as follows:
A. The State of Florida has increased educational funding along with increased
restrictions on how funding is to be used since the 2007-2008 fiscal year.
B. All School Boards in the State of Florida, including this School Board, have
experienced funding restrictions while operating expenses continue to rise.
C. This legislative session the Legislature passed HB 5007 which increased the
employer rates for the Florida Retirement System effective July 1, 2020. The Florida Education
Finance Program (FEFP) funding formula does not include a specific revenue source to cover
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these costs, which are estimated to be $232M for all school districts. The estimated cost for the
School District is $1.4M.
D. This legislative session the Legislature passed HB 7067 increasing the number of
new Family Empowerment Scholarships allowed each year to 1 percent of the Unweighted FTE
students in the FEFP. This is an increase of 29,000 scholarships above the current cap of 18,000.
For 2019-2020, $103,529,750 was transferred from the School District budget to pay for these
scholarships. Statewide the cost for 2020-2021 could exceed $300M.
E. The School District has experienced operating budget shortfalls impacting the
instructional requirements of our students, compromising the physical and psychological safety
of our students, and hampering the ability to recruit, retain, and incentivize high-quality teachers
and staff to create the highest skilled workforce on the Treasure Coast.
F. The School District's educational funding per House Bill 5001 for the 2020-2021
fiscal year will increase by $4,572,420. However, this additional funding is not sufficient to
cover the School District's financial requirements of: $3,001,107 for 2020-2021 Teacher Salary
Increase Allocation, $3,164,057 for 2013-2014 Teacher Salary Allocation that is permanently
included in the School District's salary accounts, $149,317 for additional Mental Health
Services, $1,400,000 for the 2020-2021 Florida Retirement System increase and $3,900,000 for
the Florida Retirement System increases from 2012-2013 to 2019-2020. Total financial
requirement of $9,849,796 compared to increased funding of $4,572,420 or a loss of $5,277,376.
G. The School District's funding for student transportation from the FEFP formula
for the last four years has been approximately $3.5M compared to actual expenditures of
approximately $5.4M, or a deficit of $1.9M.
H. The School District's funding for instructional materials has remained flat for the
last four year at $1.4M. However, when compared to the "Benchmark" funding of $1.8M in
2007-2008, funding for instructional materials has decreased $454K or 25%. Statewide, funding
has decreased $35M or 13% compared to 2007-2008.
I. The School District's funding for 2020-2021 compared to the "highest funding"
before the "Great Recession for 2007-2008" reflects an increase in funding of $11,845,974 along
with increased financial requirements totaling $12,686,252, or a loss of $840,278.
J. In August 2016, the electorate of Indian River County approved via ballot
referendum an Essential Operating Needs Millage of 0.50 mills for fiscal years 2017/2018,
2018/2019, 2019/2020, and 2020/2021. This voter approved millage referendum generates
approximately $11 million per fiscal year for the School District of Indian River County.
However, the authority granted for the voter approved millage expires at the end of fiscal
2020/2021.
K. The School District needs sufficient revenues to maintain and improve its high-
quality public schools.
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L. Section 1011.73(2), Florida Statutes, provides electoral authorization of ad
valorem millage for four (4) years for operating purposes pursuant to a voter referendum.
M. Section 1011.71(9), Florida Statutes, authorizes a School District to levy, by local
referendum, the continuation of additional millage for school operational purposes up to an
amount that, when combined with the non -voted millage levy, does not exceed the 10 -mill limit
established under the Florida Constitution.
N. The School Board has determined it is in the best interest of the students in Indian
River County to submit to the voters the question of continuing the ad valorem millage of a 0.50
mill for four (4) 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.
O. The School Board has determined that it is in the best interest of the students in
Indian River County to share the revenue generated by the 0.50 essential operating needs millage
with the charter schools in Indian River County on a pro rata basis, established initially by the
recalibrated unweighted full time equivalent (FTE) projection for each charter school and
adjusted based upon the recalibrated October and February student survey counts of unweighted
full-time equivalent (FTE) students, for each charter school to be used as described in the
preceding paragraph.
SECTION 3. ESSENTIAL OPERATING MILLAGE. Subject to approval by the
electors of the School District at a referendum held as provided in Section 1011.73(2), Florida
Statutes, a 0.50 mill shall continue to be levied within Indian River County for essential
operating needs of the School District, as defined in the preceding Section, for the 2021/2022,
2022/2023, 2023/2024 and 2024/2025 fiscal years, in an effort to preserve essential operations of
the School District.
SECTION 4. REFERENDUM ELECTION ORDERED. The Board of County
Commissioners of Indian River County, Florida is hereby directed to call an election in
conjunction with the primary election of August 18, 2020, at which the electors within the
School District may vote on the continuation of an ad valorem millage of 0.50 mill for four (4)
years as authorized in §1011.73(2), Florida Statutes.
SECTION 5. NOTICE OF REFERENDUM ELECTION. In accordance with
§ 100.342, Florida Statutes, the Superintendent is hereby authorized and directed to place a notice
of the referendum election in a newspaper of general circulation published in the School District.
The publication shall be made at least 30 days prior to the referendum election and shall be made
at least twice, once in the fifth week and once in the third week prior to the week in which the
referendum is to be held. The notice of referendum shall be in substantially the form provided in
the attached Exhibit A. This Resolution shall be published as a part of such notice.
SECTION 6. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will
be open at the voting places on the date of the referendum election. All qualified electors
residing within the School District shall be entitled and permitted to vote at the referendum
election on the proposition provided in this Resolution. The places, manner and procedures of
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voting and the inspectors and clerks of the referendum election shall be those designated by the
Supervisor of Elections of Indian River County in accordance with law.
SECTION 7. OFFICIAL BALLOT. The ballots to be used in the referendum election
shall be in substantially the following form:
The School District of Indian River County, Florida
Continue Essential Operating Needs Referendum Election
Shall the School District continue to levy a 0.50 ad valorem millage 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 beginning July 1, 2021, and
ending four fiscal years later, which replaces the existing voter approved 0.50 ad
valorem millage that expires June 30, 2021, with annual reporting to the
citizenry?
YES FOR APPROVAL
NO FOR REJECTION
SECTION 8. ABSENTEE VOTING. The Supervisor of Elections shall make adequate
provision in accordance with law and procedures lawfully enacted by the Supervisor for voting
by absentee voters. The form of ballots to be used in the referendum election by and for absentee
voters shall be the same as used in the polling places for the referendum election.
SECTION 9. EARLY VOTING. The Supervisor of Elections shall make provision in
accordance with the established procedures of that office for participation by the voters in early
voting. The form of ballots to be used in the referendum election for early voting shall be the
same as used in the polling places for the election.
SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections of Indian River
County shall print on plain white paper a sufficient number of the ballots for use of absentee
electors and early voters entitled to cast ballots in the referendum election; to have printed
sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date
and time for opening of the polls for the referendum election; and to make appropriate
arrangements for the conduct of the election at the polling places specified.
SECTION 11. REFERENDUM ELECTION PROCEDURE. The Supervisor of
Elections of Indian River County shall hold, administer, and conduct the referendum election in
the manner prescribed by law for holding elections in the School District. Returns shall show the
number of qualified electors who voted at the referendum election on the proposition and the
number of votes cast respectively for and against approval of the proposition. The returns shall
be canvassed in accordance with law.
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SECTION 12. SEVERABILITY. In the event that any word, phrase, clause, sentence,
or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such
holding shall not affect any other word, clause, phrase, sentence, or paragraph.
SECTION 13. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with
this Resolution are repealed insofar as there is conflict or inconsistency.
SECTION 14. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption.
ADOPTED at a duly noticed public meeting of The School Board of Indian River
County, Florida, the 28th day of April 2020, with a quorum present and voting.
ATTEST:
David Moore, Ed.D., Superinern`
APPROVED AS TO FORM AND
LEGAL SUF CIENCY:
Suzane D'Agresta, Esquire
School Board Attorney
THE SCHOOL BOARD OF INDIAN
RIVER COUNTY, FLORIDA
By: tt 1)- �' fg D
Laura Zorc, Chairn n
Page 5 of 6
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EXHIBIT A
NOTICE OF REFERENDUM ELECTION IN THE SCHOOL DISTRICT OF INDIAN
RIVER COUNTY, FLORIDA, ON AUGUST 18, 2020
NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held
on August 18, 2020, in the School District of Indian River County, Florida, for the purpose of
determining whether or not the electors in the School District approve to continue the levy of 0.5
mill for essential operating needs of the School District for 2021/2022, 2022/2023, 2023/2024
and 2024/2025 fiscal years; all as more specifically described and provided in a Resolution of the
School Board of Indian River County, Florida, adopted April 28, 2020, and published below.
The polls will be open at the voting places on the date of the referendum election and
absentee voting and early voting will be available for the referendum election, all as provided in
the Resolution published below.
All qualified electors residing within the School District shall be entitled, qualified, and
permitted to vote at the referendum election.
[INSERT RESOLUTION ONCE ADOPTED]
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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
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until June 2021, the School Board argued that it needs to know as soon as possible whether it can
depend on the approximately $9-10 million dollars per year that would result if voters approve the
4- year extension. The Board of County Commissioners met again on May 19, 2020, and declined
to change the date of the election. The School Board filed this mandamus complaint on May 20.
School boards have authority under Article VII, Section 9 of the Florida Constitution to
levy ad valorem taxes. There are five categories of school millage rates. The one involved in this
case is "voted district school operating millage," the millage rate set by the district school board
for school operating purposes as authorized by the electors pursuant to s. 9(b), Art. VII of the State
Constitution. §200.01(3Xc), Florida Statutes (2019).
Section 1011.73(2), Florida Statutes, provides:
(2) Millage authorized not to exceed 4 years. --The district school board, pursuant to resolution
adopted at a regular meeting, shall direct the county commissioners to call an election at which
the electors within the school district may approve an ad valorem tax millage as authorized
under s. 1011.71(9). Such election may be held at any time, except that not more than one
such election shall be held during any 12 -month period. Any millage so authorized shall be
levied for a period not in excess of 4 years or until changed by another millage election, whichever
is earlier. If any such election is invalidated by a court of competent jurisdiction, such invalidated
election shall be considered not to have been held.
§ 1011.73(2), Florida Statutes (2019Xemphasis supplied).
Section 1011.71(9), Florida Statutes, provides:
(9) In addition to the maximum millage levied under this section and the General Appropriations
Act, a school district may levy, by local referendum or in a general election, additional
millage for school operational purposes up to an amount that, when combined with nonvoted
millage levied under this section, does not exceed the 10 -mill limit established in s. 9(b), Art.
VII of the State Constitution. Any such levy shall be for a maximum of 4 years and shall be
counted as part of the 10 -mill limit established in s. 9(b), Art. VII of the State Constitution.
Millage elections conducted under the authority granted pursuant to this section are subject to s.
1011.73.
§ 1011.71(9), Florida Statutes (2019Xemphasis supplied).
The School Board argues that this is a clear case of statutory interpretation, and argues
that under §1011.73(2), Florida Statutes, once the school board "directs" the Board of County
Commissioners to call an election for a certain date, the commissioners have no discretion to
choose a different date, but must perform the ministerial act of calling for an election as directed
by the School Board, including the date requested.
The Board of County Commissioners also argues that the language of §1011.73(2) is
clear and unambiguous, and that the language, "Such election may be held at any time," as long as
there is not more than one such election in any 12 month period, means that the Board of County
Commissioners may choose the date of the election_ Essentially, the Board of County
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Commissioners argues that it is the county commissioners who decides what "any time" is, subject
to the one time in twelve months limitation.
The Board of County Commissioners argues that there are three general paths a school
board can take to place a measure on the ballot. It cites to School Board of Clay County, Florida v.
Clay County, by and through its Board of County Commissioners, Case No. 10 -2019 -CA -806,2 for
the proposition that "when the Legislature wants to grant to the district school boards the authority
to directly place a resolution on the ballot, it says so. When the Legislature wants to grant to the
district school boards the authority to select the type of election for its resolution, it says so." Id.
The Board of County Commissioners argues that the third process by which a school district may
place a matter before the voters is the method at issue in this case. The Board of County
Commissioners states that this method is the same as the one at issue in the 2019 Clay County
case, above.
However, the Clay County case involves § 212.055 (6), which provides that in order to
impose a school capital outlay surtax, the school board must draft a resolution that "shall be placed
on the ballot by the governing body of the county." Unlike the statute at issue in this case,
§212.055 does not state that the School Board must direct the county commissioners to call an
election.3 Thus, the finding that § 212.055 allows the county commissioners to set the date of an
election for a capital outlay surtax is inapplicable to this case.
As counsel for the School Board noted at oral argument, Section 101133 is a statute that
deals with the authority of the School Board, not that of the County Commissioners. There is
nothing in §1011.73 requiring an election to be held in conjunction with any particular election or
in conjunction with an election that would likely produce a larger turnout. The only restriction on
the timing of the election is that there can only be one such election in a 12 -month period. The
Court believes that this means that the School Board can only direct the county commissioners to
call one such election in a 12 -month period.
Mandamus is a "common law remedy used to enforce an established legal right by
compelling a person in an official capacity to perform an indisputable ministerial duty required by
law." Board of County Comm'rs Broward County, Florida v. Parrish, 154 So. 3d 412, 417 (Fla.
4th DCA 2014). An act is ministerial if there is no room for the exercise of the respondent's
discretion and the performance being required is directed by law." Id
The Court finds that under §1011.73(2), Florida Statutes, once the School Board
"directs" the Board of County Commissioners to call an election for a certain date, the
2 See Exhibit E to the Complaint.
3 The Clay County case cites to Attorney General Opinion 98-29, involving s. 212.055(7), which also involves a
surtax and which contains the language "shall be placed on the ballot by the governing body of the county." The
opinion specifically contrasts the language in §212.055(7), which "merely provides that the governing body of the
county is responsible for placing the resolution on the ballot" with statutes that "clearly authorize a school district to
call a referendum or to direct the county commission to call such an election. Op. Att'y Gen. Fla 98-29(1998). The
opinion refers to s. 236.31, Florida Statutes, a former version of s. 1011.73, Florida Statutes. See Ch. 02-387, Laws
of Florida
3
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commissioners have no discretion to choose a different date, but must perform the ministerial act
of calling for an election as directed by the School Board, including the date requested.
It is therefore ORDERED AND ADJUDGED:
1. The Emergency Complaint for Writ of Mandamus is GRANTED.
2. The Defendant, the Board of County Commissioners of Indian River County, Florida,
shall meet no later than June 4, 2020, for the purpose of adopting a resolution causing
to be placed on the August 18, 2020 primary ballot the proposition contained within
School Board of Indian River County Resolution No.: 2020-09, duly passed and
approved on April 28, 2020, and as further requested by the School Board of Indian
River County via correspondence to the Board of County Commissioners of Indian
River County, Florida, dated May 13, 2020.
3. Immediately upon adoption of said resolution, the County Attorney of the Board of
County Commissioners of Indian River County, Florida, shall cause certified copies
of the resolution to be delivered to the Supervisor of Elections for Indian River
County and to the School Board of Indian River County.
DONE AND ORDERED in chambers this day of June, 2020, at Vero Beach in
Indian River County, Florida.
Copies provided to:
Jeffrey S. Weiss, Esq.
Erin J. O'Leary, Esq.
GARGANESE, WEISS,
D'AGRESTA & SALZMAN, P.A.
111 N. Orange Avenue, Ste. 2000
Orlando, FL 32801
jweiss@orlandolaw.net
llandry@orlandolaw.net
Dylan Reingold, Esq.
County Attorney
Indian River County
1801 27th Street
Vero Beach, FL 32960
dreingold@ircgov.com
e-service@ircgov.com
4
06/ 3/2 �2.�:55
eSign.d by JANET CARNEY CROOM 06/03/2020 6:21:35 TsR76v6J
JANET C. CROOM
CIRCUIT JUDGE
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