CopyCited 47 times | Published | Supreme Court of Florida
...It likewise includes all estimated expenditures, reserves and balances to be carried over at the end of the year. By July 15 the clerk must complete the tentative budget and present it to the board." At 507. The Manual cites Article VIII, Section 1(d), Florida Constitution (1968), Sections
125.01(1)(v) and
129.03(2), Florida Statutes....
...n the fixed day for hearing requests and complaints from the public, make whatever revisions are necessary, adopt the budget, and file the tentative budget in the office of the county auditor as a public record." At 69. The Manual cites as authority Section 129.03 (1975)....
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Cited as authorityMaloy (2019)phrase: "rule_authority"
Cited as authorityMaloy (2019)phrase: "rule_authority"
Cited as authorityBrock (2009)phrase: "rule_authority"
CopyCited 60 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 6341, 2005 WL 858296
...the state sets the sheriff’s salary. Florida law requires the sheriff to submit to the
board of county commissioners “a proposed budget of expenditures for carrying
out the powers, duties, and operations of office” each year. Fla. Stat. §
30.49(1);
see also id. §
129.03(2) (requiring sheriff to submit budget as part of board of
7
The Sheriff tries to make this argument, but the only provisions he cites in support of it
are Fla....
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Cited "but see"Couser (2020)phrase: "but see"
CopyCited 21 times | Published | Supreme Court of Florida
...without further delay, its proposed 1969-1970 County budget, including its millage rate of 11.75 mills. The proposed budget was prepared by appropriate county officials and submitted to the Comptroller for his approval in accordance with Fla. Stat. § 129.03(2) (e), F.S.A....
...ect of this litigation. The Board of County Commissioners of Dade County approved the 11.75-mill budget, which was an increase from the budget last year which levied 10.39 mills. Copies were sent to the respondent Comptroller, pursuant to Fla. Stat. § 129.03(2) (e), F.S.A....
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Cited as authorityPowell (2003)phrase: "rule_authority"
Cited as authorityLevy (2003)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida
...That means, each year, a
budget “must be prepared, summarized, and approved by the board
of county commissioners of each county.” §
129.01(2)(a), Fla. Stat.
(2020). Each county’s budget “must be balanced, so that the total
2. See, e.g., §
30.49(1), Fla Stat. (2020) (“Pursuant to s.
129.03(2), each sheriff shall annually prepare and submit to the
board of county commissioners a proposed budget ....
...and the county supervisor of elections, “shall,” on or before June 1
of each year (or a month earlier, if the county says so), “submit to
the board of county commissioners a tentative budget for [the
sheriff’s] office[] for the ensuing fiscal year.” § 129.03(2)....
...In the context of taxes on real estate, the “millage rate”
refers to the tax assessed for each $1,000 of property value. See
Black’s Law Dictionary 1190 (11th ed. 2019).
-6-
necessary, provided the budget remains in balance.” § 129.03(3)(a).
The county next “prepare[s] a statement summarizing all of the
adopted tentative budgets” showing, for each and for the total of all
the budgets so submitted, “the proposed tax millages, balances,
reserves, and the total for each major classification of receipts and
expenditures.” § 129.03(3)(b)....
...It holds public hearings to adopt
tentative and final budgets, “primarily for the purpose of hearing
requests and complaints from the public regarding the budgets and
the proposed tax levies and for explaining the budget and any
proposed or adopted amendments.” §
129.03(3)(c). And, by
October 15 of each year, the county submits a final budget, along
with other economic data, to the Office of Economic and
Demographic Research. §
129.03(3)(d).
It is unlawful for a county to exceed a budget that has been
finalized this way, unless the budget is modified as provided in
section
129.06, to which we will turn soon....
...require.” §
129.021. The County must balance its budget, and it
must include submissions from the Sheriff on a statutorily
prescribed schedule. See § 120.03(3)(a). It is the County’s
responsibility to hold public hearings to review and adopt the
budget, §
129.03(3)(c), and it is the county commissioners who are
statutorily liable for debts incurred in excess of the duly approved
budget....
...Reading the lame duck provision to limit specifically the
budget-amending authority only of lame duck sheriffs spares much
of the rest of chapter 129 from obsolescence. For example, reading
it the way the County does makes sense of the public hearings
called for by section 129.03(3)(c), the work of which could otherwise
be tossed aside by the sheriff if his or her unilateral amendment
authority extended to object-level transfers....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
...and should be administered in the same manner as other discretionary sales surtax moneys. You have framed your question in terms of the independence of the sheriff in budget matters. Section
30.49 , Florida Statutes, provides that: "(1) Pursuant to section
129.03 (2), each sheriff shall certify to the board of county commissioners a proposed budget of expenditure for the carrying out of the powers, duties, and operations of his office for the ensuing fiscal year of the county....
