HomeMy WebLinkAboutR-23-0449
City of Miami
City Hall
3500 Pan American Drive
Resolution R-23-0449
Miami, FL 33133
www.miamigov.com
Legislation
File Number: 14794 Final Action Date: 9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY, IN LAW OR
EQUITY, AGAINST THE FLORIDA DEPARTMENT OF REVENUE
YEAR IS NOT IN COMPLIANCE WITH STATE OF FLORIDA LAW.
ion of its annual budget, is
required to adopt a millage rate to be used in assessment of property taxes, as set forth in
Section 200.065, Florida Statutes; and
WHEREAS, the City Commission is currently comprised of four (4) members, following
the removal of then-sitting District 1 Commissioner, effectuated by the issuance of Executive
Order 23-184 by Florida Governor Ron Desantis on September 15, 2023; and
the City for the upcoming Fiscal Year 2023-2024, was scheduled to take place on September
28, 2023 pursuant to Resolution Nos. 23-0319 and 23-0337 adopted on July 27, 2023; and
Tuesday, September 26, 2023, that the adoption of its planned millage rate for the upcoming
fiscal year cannot be in compliance with Section 200.065, Florida Statutes, because the statute
requires a unanimous vote of the governing body if fully constituted (in this case five (5)
members), regardless of how many members presently constitute the governing body; and
statutory language; and
WHEREAS, the City is in doubt as to its rights under Florida law on this point; and
WHEREAS, the City wishes to proceed with any and all actions necessary, in law or
equity, against Florida Department of Revenue resolve this issue; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 14794 (Revision: ) Printed On: 10/19/2023
File ID: 14794 Enactment Number: R-23-0449
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Section 2. The City Attorney is authorized to proceed on behalf of the City with any and
all actions necessary, in law or equity, against the Florida Department of Revenue to address
was not in compliance with Florida law.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 14794 (Revision: ) Printed on: 10/19/2023