HomeMy WebLinkAboutAgenda Item Summary Form
AGENDA ITEM SUMMARY FORM
File ID: #14794
Date: 09/28/2023 Requesting Department: City Commission
Commission Meeting Date: 09/28/2023 Sponsored By:
District Impacted:
Type: Resolution
Subject: Authorization to Sue - Florida Department of Revenue
Purpose of Item:
<Insert Purpose of Item Here>
Background of Item:
<Insert Background Here>
Budget Impact Analysis
Total Fiscal Impact:
Reviewed By
City Commission Maricarmen Lopez Meeting Completed 09/28/2023 5:05 PM
Legislative Division Valentin J Alvarez Legislative Division Review Completed 10/05/2023 1:48 PM
Office of Management and Budget Marie Gouin Budget Review Completed 10/05/2023 4:04 PM
Office of the City Attorney Victoria Méndez Approved Form and Correctness Completed 10/17/2023 9:10 AM
Office of the City Clerk City Clerk's Office Rendered Completed 10/17/2023 12:14 PM
City of Miami
City Hall
3500 Pan American Drive
Legislation
Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-23-0449
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,
ADOPTION OF A MILLAGE RATE FOR UPCOMING FISCAL YEAR IS NOT IN
COMPLIANCE WITH STATE OF FLORIDA LAW.
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
WHEREAS, the City disagrees with the De
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.
1
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:
1
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.