CopyCited 10 times | Published | Supreme Court of Florida | 2004 WL 1574226
...It does not, as we stated above, affect a taxing authority's power to determine the millage rate. Local government entities that have not reached the constitutional ten mill cap may still raise millage rates to account for the decreased revenue resulting from this amendment. See § 200.065, Fla....
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CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 20083, 2014 WL 6910673
...y commissioners take
exception with the FDOR’s final budget determination, either is entitled to
appeal the matter to the Administration Commission—comprised of the
Governor and Cabinet—no later than fifteen days after the county
concludes its section 200.065(2)(d),3 Florida Statutes (2013), public
counties or otherwise, or is a law relating to a state function or
instrumentality.
Fla....
...Without deciding the issue of mootness, we consider the case on its
merits because it presents a controversy “capable of repetition, yet evading
review.” N.W. v. State, 767 So .2d 446, 447 n.2 (Fla. 2000); see also B.G. v. State,
137 So. 3d 548, 548 (Fla. 4th DCA 2014).
3Section
200.065(2)(d), Florida Statutes (2013), states in full:
Within 15 days after the meeting adopting the tentative budget, the
taxing authority shall advertise in a newspaper of general
circulation in the county as provid...
...Ad
valorem taxes—which comprise the majority of the county’s recoverable
taxes—derive from combining the property appraiser’s valuation of the
county’s property with the county commissioners’ approved millage rate—
the rate at which the county’s real property is taxed. See §§
129.03(1),
200.001,
200.065, Fla....
...Commission, may hear appeals from the final action of the
department upon a written request being filed by the property
appraiser or the presiding officer of the county commission no later
than 15 days after the conclusion of the hearing held pursuant to
s. 200.065(2)(d)....
...quired.
- 11 -
To combat this conclusion, the Board contends section
195.087(1)(b)’s
linking of the deadline to file an appeal with the Administration
Commission to fifteen days after the conclusion of a section
200.065(2)(d)
hearing evidences the Legislature’s intent that county commissioners be
permitted to set an interim budget pending appeal. The section
200.065(2)(d) hearing is the culmination of the budget creation process,
during which the county commissioners conduct a public hearing before
finalizing the county’s budget and millage rate for the fiscal year. While it
is true that section
200.065(2)(d) allows the board of county
commissioners to “amend [its] adopted tentative budget as it sees fit” and
“adopt a final budget” at this hearing, such a broad, general conferment of
power does not contravene section
192.091’s specific mandate requiring
the board to honor the FDOR’s decision—otherwise, the FDOR’s decision
would be superfluous.
Furthermore, the Legislature’s tying of the appellate deadline to the
conclusion of the section
200.065(2)(d) hearing does little to support the
Board’s position....
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CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1992 WL 179420
...chool board) would receive approximately $7 million less from discretionary local ad valorem taxes in 1991-92 than it received in 1990-91. The school board received a copy of item 509, setting the 0.510 maximum millage rate, in May 1991. Pursuant to section 200.065, Florida Statutes (1989), the school board had to submit a tentative budget and set proposed millage rates prior to July 24, 1991....
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Cited as authorityRibaya (2015)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 249, 2016 WL 3090403, 2016 Fla. LEXIS 1149
...§§
193.023(1);
193.114(2)(g);
193.1142(1)(a), Fla. Stat. (2013).
Upon completing the assessment of all property, the property
appraiser must certify to each taxing authority the taxable value of
property in the taxing authority’s jurisdiction. §
200.065(1), Fla. Stat.
(2013). Each taxing authority then prepares a tentative budget,
computes a proposed millage rate, advises the property appraiser of
the proposed millage rate, and holds a public hearing. See §
200.065(2)(a)1., (b), (c), Fla. Stat. The property appraiser uses this
proposed millage rate to prepare and mail a notice of proposed
property taxes to each taxpayer in late August. See §§
200.065(2)(b);
200.069, Fla. Stat. (2013). After the taxing authority adopts a
tentative budget, it must hold another public hearing in order to adopt
a final budget and a final millage rate, either by a millage-levy
resolution or by ordinance. See §
200.065(2)(d), Fla....
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CopyPublished | Florida 1st District Court of Appeal
...§§
193.023(1);
193.114(2)(g);
193.1142(1)(a), Fla. Stat. (2013). Upon completing the assessment of all property,
the property appraiser must certify to each taxing authority the taxable value of
property in the taxing authority’s jurisdiction. §
200.065(1), Fla. Stat. (2013).
Each taxing authority then prepares a tentative budget, computes a proposed
millage rate, advises the property appraiser of the proposed millage rate, and holds
a public hearing. See §
200.065(2)(a)1., (b), (c), Fla. Stat. The property appraiser
uses this proposed millage rate to prepare and mail a notice of proposed property
taxes to each taxpayer in late August. See §§
200.065(2)(b);
200.069, Fla. Stat.
(2013). After the taxing authority adopts a tentative budget, it must hold another
public hearing in order to adopt a final budget and a final millage rate, either by a
millage-levy resolution or by ordinance. See §
200.065(2)(d), Fla....
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 8 Educ. L. Rep. 887, 1982 Fla. App. LEXIS 21254
...The first five defects listed below concern the way in which the School Board notified the public it was going to consider the tax increase, and the timing and manner of its public meetings held thereafter: 1. Subsection 236.25(2)(c), Florida Statutes (1981), requires that in addition to the notice required by subsection 200.065(3), Florida Statutes (1981), the School Board “shall publish a second notice of intent to levy additional taxes under this section.” Subsection 200.065(3) says the advertisement shall be no less than one-quarter page in size of a standard-size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point....
...d millage levies, one time in a newspaper of general circulation. “The advertisement shall appear adjacent to the advertisement required pursuant to s. 200.-065. The board shall hold public hearings to adopt tentative and final budgets pursuant to s. 200.065.” The School Board failed to publish two notices, and it published its one notice in the wrong place and in the wrong sized print....
...e to be considered at a meeting on August 14. The notice ran next to a summary of the Board’s tentative budget in the Ocala Star Banner. This was printed, however, in the legal notice section on page 9A. The notice was in the format required by subsection 200.065(3)(b), but was in very small print, and it was dramatically smaller than the one-quarter page ad size required by section 200.065(3). Witnesses for the School Board testified they misread subsection 200.065(3) and thought the large sized ad was not necessary....
...series of items which will be published in an agenda seven days prior to the meeting.” This notice was not sufficient to make up for the deficiencies in the first notice, nor did it, itself, comply with the size and format required in subsections 200.065(3) and (3)(b), and if subsection 200.065(2)(a) applied, the meeting should have been held within three days of the notice....
...On March 3, 1981, the School Board held a public meeting to finalize its budget and tax levies. It passed the discretionary 2 mill levy. There was no notice or advertisement published concerning this meeting, contrary to the requirements of subsections
200.065(2)(f) and 236.25(2)(c). 4. Taxpayers also argue the March 3 meeting was invalid because it was held less than 60 days after the property appraiser prepared the certification of value pursuant to subsection
200.065(1) and section
193.023, Florida Statutes (1981)....
...wice, but it further says: Such notice shall specify the projects or number of school buses anticipated to be funded by such additional taxes and shall be published in the size, within the time periods, and in substantially the format required under s. 200.065(3). (Emphasis added.) § 236.25(2)(c), Fla.Stat. (1981). Section 237.081 further provides, concerning public hearings to adopt tentative and final budgets pursuant to section 200.065: The hearings shall be 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 proposed adopted amendments thereto, if any....
...rmitted under subsection 236.25(1). The language used in subsection 236.25(2) relating to the discretionary tax uses “shall,” instead of “will” 11 when it specifies the kind and frequency of notice to be given to the taxpayers. Similarly, subsection 200.065(3) uses “shall” in specifying the unusually large sized advertisement required....
CopyAgo (Fla. Att'y Gen. 1977).
Published | Florida Attorney General Reports
QUESTIONS: 1. Is the Sebastian Inlet Tax District a `governmental unit of Brevard County'? 2. Do the provisions of s. 200.065 , F....
...of the state for certain definite purposes, and not a governmental unit of Brevard County. Therefore, Ch. 74-430 , Laws of Florida, an act relating to Brevard County and local governments therein, does not apply to such multicounty taxing authority. Section 200.065 , F....
...S., excluding multicounty districts from the operation of s.
200.071 , F. S. AS TO QUESTION 2: Since the referendum requirement of Ch. 74-430 , Laws of Florida, does not apply to the Sebastian Inlet Tax District, your second question is answered in the affirmative. Section
200.065 (9), F....
...to ad valorem tax revenues based on separate levies of one mill or less. Chapter 76-329 , Laws of Florida, enables the Sebastian Inlet Tax District to levy a special tax not exceeding 1 1/2 mills, thereby bringing the district within the purview of s. 200.065 (9), F. S. The necessary procedures establishing the method for fixing the millage rate based upon a proposed increase in ad valorem tax revenues over the previous year by a multicounty taxing authority in ad valorem forth in s. 200.065 (2), F. S. In summary, the guidelines found in s. 200.065 , F....
CopyPublished | Florida 1st District Court of Appeal
...(2018).
Chapter 129, Florida Statutes (2018), relates to the County’s
annual budget. After the Sheriff submits her proposed budget
under section
129.03, Florida Statutes (2018), the Board initiates
the process of adopting a final county budget, which is subject to
the notice and hearing requirements of section
200.065, Florida
Statutes....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
certified by the property appraiser under section
200.065, Florida Statutes, or 2) the assessed value
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 7276, 1992 WL 138796
...he merits of this litigation, we would note that appellants’ claim that the taxing provisions of chapter 88-515, Laws of Florida, prevail over TRIM (Truth in Millage) legislation, their argument has been effectively mooted by the 1992 amendment to section 200.065(13)....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...dren's services throughout the county. The county commission must obtain referendum approval for the levy of ad valorem taxes and the district created pursuant to section
125.901 , Florida Statutes, then levies and fixes millage rates as required by section
200.065 , Florida Statutes....
...Section 200.185 (5), Florida Statutes, with which you are concerned, provides: "In the 2008-2009 fiscal year . . . an independent special district may levy a maximum millage determined as follows: (a) The maximum millage rate that may be levied shall be the rolled-back rate calculated pursuant to s. 200.065 and adjusted for growth in per capita Florida personal income, except that ad valorem tax revenue levied in the 2007-2008 fiscal year shall be reduced by any tax revenue resulting from a millage rate approved by a super majority vote of th...
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
except in pursuance of budgeted appropriations. Section
200.065, Florida Statutes, sets forth the method for
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
the special tax school districts pursuant to section
200.065, to determine by resolution the amounts necessary
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22564
...Finally, chapter 129 requires that the county, in preparing its tentative budgets, estimate for each budget the proposed tax millages, balances, reserves, receipts and expenditures. After the tentative budget has been prepared, the county must advertise and hold public hearings thereon prior to adoption. §§
129.03(3);
200.065(2)(d), Fla.Stat....
...Chapter 336, Florida Statutes, requires that the commission levy a tax “on all property in their county each year for road and bridge purposes,” § 336.59, Fla.Stat. (1981), 4 and these proceeds must be included in the Trust Fund. 1979 Op.Att’y Gen. Fla. 79-41. Under section 200.065(2), Florida Statutes (1981), following preparation of a tentative budget, “each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget.” Thereafter, “the governing body of each taxing autho...
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
...Burnett: On behalf of the St. Augustine — St. Johns County Airport Authority, you ask substantially the following question: Should the St. Augustine — St. Johns County Airport Authority set a millage of zero mill for a taxable year, would section 200.065 , Florida Statutes, preclude the authority in a subsequent budget year from setting a millage rate up to .5 mill, the maximum rate authorized pursuant to its charter, by unanimous vote of the authority's board? In sum: Section 200.065 (5)(a)2., Florida Statutes, authorizes the airport authority to levy millage in excess of 110 percent of the rolled-back rate by unanimous vote of the authority's board or by referendum approval, despite having levied a zero millage rate in the previous year....
...1 The authority exercises it powers and jurisdiction within the special taxing district and, in addition to several enumerated powers, is authorized to levy an ad valorem tax not to exceed .5 mill on all taxable property situated within the district. 2 You question whether the requirements in section 200.065 , Florida Statutes, prescribing the method for fixing millage by a taxing authority, affect the district's ability to levy a tax should the district impose no millage during a tax year. 3 Specifically, section 200.065 (5), Florida Statutes, provides: "Beginning in the 2009-2010 fiscal year and in each year thereafter: (a) The maximum millage rate that a county, municipality, special district dependent to a county or municipality, municipal service...
...rolled-back rate for the subsequent year would appear to be zero mill. With a rolled-back rate of zero, the resulting figure when multiplied by any percentage would result in a maximum millage rate of zero, 4 making application of the provisions in section 200.065 (5)(a)1., Florida Statutes, literally impossible to apply in order to increase the taxing authority's millage rate. 5 In a situation where the previous year's millage is zero and the resulting rolled-back rate is zero, however, any increase in the millage rate in a subsequent year would be in excess of 110 percent of the rolled-back rate. Thus, section 200.065 (5)(a)2., Florida Statutes, by its plain language applies to any rate increase in excess of 110 percent and would authorize such an increase by a unanimous vote of the board or by referendum approval. 6 Accordingly, it is my opinion that section 200.065 (5)(a)2., Florida Statutes, authorizes the airport authority by unanimous vote of its board or by referendum approval to levy millage in excess of 110 percent of the rolled-back rate, despite having levied a zero millage rate in the previous year....
...488 (strong presumption against absurdity in statutory language). See also State v. Iacovone ,
660 So. 2d 1371 , 1372 (Fla. 1995); Shell Harbor Group, Inc. v. Department of Business Regulation, Division of Alcoholic Beverages and Tobacco ,
487 So. 2d 1141 (Fla. 1st DCA 1986). 6 While s.
200.065 (5)(a)2., Fla....
CopyAgo (Fla. Att'y Gen. 1987).
Published | Florida Attorney General Reports
of millages retain their force and effect. Section
200.065, F.S. (1986 Supp.), sets forth procedures for
CopyAgo (Fla. Att'y Gen. 2009).
Published | Florida Attorney General Reports
charter of the respective municipality." 12 Section
200.065(2)(d), Fla. Stat., provides in part: "Within