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Subpart A THE CHARTER Page 1 of 22 Miami, Florida, Code of Ordinances» PART I - CHARTER AND RELATED LAWS» Subpart A THE CHARTER » Subpart A THE CHARTER u LAWS OF FLORIDA, CHAPTER 10847 An act to amend and reenact the Charter of the City of Miami, in the County of Dade, and to fix the boundaries and provide for the government, powers and privileges of said city and means for exercising the same; and to authorize the imposition of penalties for the violation of ordinances; and to ratify certain acts and proceedings of the commission and of the officers of the city. Be It Enacted by the Legislature of the State of Florida: Sec. 1. Creation and existence. Sec. 2. Corporate limits. Sec. 3, Powers, Sec. 4. Form of government; nomination and election. Sec. 5. The initiative. Sec. 6. The referendum, Sec. 7. Election of city commissioners and mayor. Sec. 8. Form of ballots. Sec. 9. Declaration of election; how tie vote decided, Secs. 19_, 11.[Reserved.] Sec. 12. Filling vacancies for mayor and commission. Sec. 13. iReservectl Sec. 14. Commission may investigate official transactions, acts and conduct. Sec. 15. City manager -Qualifications; appointment; term; salary; sickness or absence; removal. Sec. 16, Same -Powers and duties. Sec. 17. Same -Examination of affairs of departments, officers or employees. Sec. 18. Departments established. Sec. 19. Creation of new departments; discontinuance of departments. Sec, 19-A. fReserved.1 Sec. 20. Directors of departments. Sec. 21. Department of law. Secs, 22-22-C. [Reserveril Sec. 23. Department of off-street parking; off-street parking board. Sec. 24. Department of public safety. Sec. 25. Supervision in divisions ofj2olice and fire, Sec. 26. Suspension and removal of chief of police and fire chief. 4. Sec. 27, Finance department of finance, Secs. 27-A-.-28. [Reserved.] Sec. 29-A. Contracts for, unified development projects, and real property; safeguards. Sec. 29-B, City -owned property sale or lease -Generally. Sec. 29-C. Same -Watson Island. Sec. 29-D. City -owned waterfront property; leases with nonprofit organizations; authorization to waive competitive bidding and referendum requirements• terns of lease, Secs. 30-35. [Reserved.] Sec. 36. Civil service. Sec. 37. Pension funds, Sec. 38. City planning and zoning board, Sec. 39. [Reserved.] Sec. 40. Subdivisions. Secs. 41, 42. (Reserved.] Sec. 43. Continuity. Sec. 44. fReserved.l Sec. 45. General provisions. Secs. 46, 47. [Reserved.] Sec. 48, Office of independent auditor general. Sec. 49, Office of the Cib Clerk. Sec. 50. Certain former Charter provisions to become ordinances. Sec. 51. Civilian investigative panel. Sec. 52, Citizens' Bill of Rights. Sec. 1. Creation and existence. V The inhabitants of the City of Miami, Florida, within the boundaries hereinafter designated, or within such boundaries as may hereafter be established, shall continue to be a body politic and corporate under the name the "City of Miami," and as such shall have perpetual succession and may use a common seal. (Res. No. 01-643, § 2, 8-9-01) Editor's note - Res. No. 01-843, § 2, adopted August 9, 2001, amended § 1 in its entirety to read as herein set out. Formerly, § 1 pertained to body politic and corporate; name; seal; right to contract, sue, and be sued, and derived from original codification. https://library.municode.com/HTML/10933/level2/PTICHRELA SPATHCH.html 8/21/2014 Subpart A THE CHARTER Page 13 of 22 the city manager shall forthwith certify the fact, together with the cause of suspension, to the commission who within five (5) days from the date of receipt of such notice, shall proceed to hear such charges and render judgment thereon, which judgment shall be final. Editor's note — See note to-,✓_,24 Case taw reference ---This section provides the sole and exclusive means for suspending and removing the chief of police. Bryan v. Landis, 106 Fla. 19, 142 So. 650, 653. The chief of police may he suspended by the city manager only for one or more of the causes enumerated in this section. and when such suspension has been certified to the city commission and the cause thereof examined by them and found after a full hearing to be well grounded, then the commission enters its affirmative judgment which is final. When the affirmative judgment of the commission is entered, the suspension of the chief of police eo instante becomes e removal, but, if the judgment of the commission is in the negative, the suspension ceases, and he is co instante reinstated. Bryan v. Landis, 106 Fla, 19, 142 So. 650, 653. The city manager may not summarily remove from office the chief of police without notice or opportunity to be heard in his defense. Bryan v. Landis, 106 Fla. 19, 142 So. 650, 651. Pursuant to chatter section 19 the department of public safety and the divisions thereof, police and fire, were discontinued. Subsequent ordinances established a department of police and department of fire with each department having a director. Section 16 of this charter authorizes the city manager to remove all department directors in accordance with the provisions set forth in this chatter. Sec. 27. Finance, department of finance. ,e (a) Department director. Subject to the supervision and control of the city manager, the director of finance shall have charge of the department of finance and shall administer the financial affairs of the city, including the keeping and supervision of all accounts, the levy, assessment and collection of revenues, the making and collection of special assessments, the custody and disbursement of city funds and monies, the control over expenditures, and such other duties as the city manager may direct. (b) Form and manner of keeping accounts and making reports. Accounts shall be kept by the department of finance showing the financial transactions of all departments and offices of the city. The forms of all such accounts and the financial reports rendered to or by the department of finance shall be prescribed by the director of finance with the approval of the city manager. The accounts and accounting procedure of the city shall be consistent with the pronouncements of the Governmental Accounting Standards Board and accounting principles as generally accepted in the United States. (Res. No. 01-84.3, § 2, 8-9-01) Secs. 27-A-28. [Rese Editor's note-- Res.No. 01-843, § 2, adopted August 9, 2001, repealed §§ 27-A-28 in their entirety. Formerly, §§ 27-A-28 pertained to limitation as to levy of ad valorem taxes for public library and library systems; levy of taxes; tax assessor; board of equalization; assessor to have power of county assessor, general assessment roll; signing and endorsing general assessment roll, return and presumption of validity; copy of assessment roll annexed to warrant commanding collection; state law as to taxes applies; discounts if taxes paid before certain time; when taxes become delinquent, interest rates on delinquent taxes; tax certificates, interest rate thereon; and chief procurement officer, respectively. Sec. 29-A. Contracts for, unified development projects, and real property; safeguards. (a) Unified development projects. A unified development project shall mean a project where an interest in real property is owned or is to be acquired by the city, is to be used for the development of improvements, and as to which the city commission determines that for the development of said improvements it is most advantageous to the city to procure from a private person, as defined in the Code of the City of Miami, one or more of the following integrated packages: (1) planning and design, construction, and leasing; or (2) planning and design, leasing, and management; or (3) planning and design, construction, and management; or (4) planning and design, construction, leasing, and management. So long as the person from whom the city procures one of the above -mentioned integrated packages provides all of the functions listed for that package, such person need not provide each listed function for the entire unified development project nor for the same part of the unified development project. As many members of the public having expertise in the field of real estate development or in other relevant technical areas or who reside within the vicinity of a proposed unified development project site as deemed appropriate by the city manager shall be invited by the city manager to provide input during the preparation of documents for competitive processes of the unified development project. If deemed appropriate by the city manager, the unified development project process shall include a request for qualifications process prior to the issuance of a request for proposals. Qualifications shall be evaluated by the city manager or designee(s) and only those deemed qualified in accordance with the specified evaluation criteria shall be invited to participate in the subsequent request for proposal process for said unified development project. Requests for proposals for unified development projects shall generally define the nature of the uses the city is seeking for the unified development project and the estimated allocations of land for each use. They shall also state the following: (1) the specific parcel of land contemplated to be used or the geographic area the city desires to develop pursuant to the unified development project; (2) the specific evaluation criteria to be used by the below -mentioned certified public accounting firm; (3) the specific evaluation criteria to be used by the below -mentioned review committee; (4) the extent of the city's proposed commitment of funds, property, and services; (5) the definitions of the terms "substantial increase" and "material alteration" that will apply to the project pursuant to subsection (e)(4) hereof; and (6) a reservation of the right to reject all proposals and of the right of termination referred to in subsection (e)(4), below. https://library.municode.com/HTML/10933/level2/PTICHRELA SPATHCH.html 8/21/2014 Municode Page 1 of 8 Miami, Florida, Code of Ordinances » PART II - THE CODE » Chapter 14 - DOWNTOWN DEVELOPMENT» ARTICLE II. - DOWNTOWN DISTRICT» DIVISION 2. DOWNTOWN DEVELOPMENT AUTHORITY» DIVISION 2. DOWNTOWN DEVELOPMENT AUTHORITY Sec, 14-51. Downtown development authority created. Sec. 14-52. Downtown development authority board —Composition; appointment and terns of office of members and executive board: filling of vacancies. Sec. 14-53. Same —Qualifications of members. Sec. 14-54. Same —Meetings; rules and regulations; compensation of members. Sec. 14-55. Same —Removal of members. Sec. 14-56. Same —Powers and duties. Sec. 14-57. Same —Additional powers and duties. Sec. 14-58. Employees generally. Sec. 14-59. Annual budget; source of funds. Sec. 14-60. Annual ad valorem tax levy in downtown district. disposition of funds. Sec. 14-61. Assessment of funds for handling and auditing by city. Sec. 14-62. Conflicts of interest of board members, employees, etc. Sec. 14-51. Downtown development authority created. Pursuant to Laws of Fla., ch. 65-1090, there is hereby created the downtown development authority of the city, which authority shall be a body corporate with the power to sue and be sued in all the courts of the state and shall have its own corporate seal. (Code 1967. § 13-5; Code 1980, § 14-25) State law reference-- Act authorizing creation of downtown development authorities in certain cities, Laws of Fla.. ch. 65-1090, set forth in pt. 1, subpt. C, art. 1 of this volume. Sec. 14-52. Downtown development authority board Composition; appointment and terms of office of members and executive board; filling of vacancies. (a) (b) The affairs of the authority shall be under the direct supervision and control of a board consisting of 15 members, appointed, and confirmed, by the city commission in the manner indicated in subsection (b) below. The board shall be constituted by 15 members as follows: (1) The city commission, at large, shall appoint one of its members to be the chairperson of the board and the 15th member thereof. The chairperson of the authority shall have the power to appoint the chairperson(s) to the various committees which the authority shall have the power to establish from time to time. (2) One member may be appointed by the board of county commissioners of Dade County and submitted to the city commission for confirmation. (3) One member may be appointed by the cabinet of the state and submitted to the city commission [for] confirmation. (4) https://library.municode. com/print. aspx?h=&clientlD=1093 3 &HTMRequest=https%3 a%2... 8/21/2014 °Municode Page 2 of 8 The remaining 12 members shall be appointed by the then current board of directors of the authority and submitted to the city commission for confirmation. At least eight of the 12 appointees must be property owners, as provided in section 14-53. The board shall include at least one member from each sub -district created by the authority from time to time. A proposed member shall not be a member of the board of directors of the authority until confirmed by the city commission. In the event that an appointee is rejected by the city commission, then the board shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the city commission. (5) In the event the city commission does not reject a proposed member appointed by the board of county commissioners or by the cabinet of the state within the next two meetings of the city commission taking place after the date the city commission is notified of such appointment, then said appointee shall be deemed confirmed by the city commission. If, however, any such appointee is rejected by the city commission within the aforementioned period, then the board of county commissioners and/or the cabinet of the state shall have a period of ten days, after being notified of the rejection, in which to appoint a replacement, who shall be again subject to confirmation by the city commission. In the event that the appointee is, again, rejected by the city commission, then the board of directors of the authority shall have the right to fill the vacant position(s) in the manner provided in subsection (6). In the event that the board of county commissioners or the cabinet of the state fails to appoint a member within 30 days from the date that the nomination is requested by the board of the authority, or within ten days after being notified of the rejection of a nominee, then the board may appoint proposed members(s) for said positions. The proposed members for the county and state seats shall be individuals who, in the opinion of the board, have the necessary qualifications and credentials to represent the board of county commissioners and/or the cabinet of the state. The appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed confirmed unless the appointment is rejected by the city commission within the next two meetings of the city commission taking place after the date the city commission is notified of said appointment. In the event of a rejection, the board shall have the right to continue to submit the name of appointee(s) until confirmation by the city commission. (c) Members shall serve terms of four years expiring on August 31 of the fourth year of their term. Members shall serve a maximum of eight consecutive years, provided that upon the unanimous vote of the board, the city commission may, by unanimous vote, extend the term of a member for one additional period of four years. Notwithstanding the foregoing, members who, as of the effective date of this section, have served on the board for a period in excess of eight years shall be permitted to finish their term and may serve for one additional period of four years upon the unanimous vote of the board and the city commission. Members shall continue to serve until their successors have been appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only. (d) Quorum shall consist of five members. Rules of procedure of the board may require up to nine members to be present in person or by telephone to take board action. (Code 1967, § 13-6; Ord. No. 9067, § 1, 2-12-80; Ord, No. 9071, § 1, 2-28-80; Ord. No. 9705, § 1, 10-25-83; Ord. No. 9869, § 1, 7-31-84; Ord, No. 10424, § 1, 4-14-88; Ord. No. 10534, § 1, 1-12-89; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11043, § 1, 3-11-93: Ord. No. 11064, § 1, 5-27-93; Ord. No. 11130, § 10, 3-24-94; Ord. No. 11151, § 1, 5- 23-94; Code 1980, § 14-26; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11564, § 7, 10-28- 97; Ord. No. 11692, § 2, 7-21-98; Ord, No. 11734, § 2, 12-8-98; Ord. No. 12519, § 3, 4-8-04; Ord. No. 12905. § 2, 4- 12-07) (6) https://library.municode.com/print.aspx?h=&clientlD=1093 3 &HTMRequest=https%3 a%2... 8/21/2014 'Municode Page 3 of 8 Sec. 14-53. Same —Qualifications of members. (a) Except for the seats to be filled by the city commission, the board of county commissioners, or the cabinet of the state, all members of the board shall (1) reside; or (2) work; or (3) own (or be the designated representative of the owner of) a business; or (4) own (or be the designated representative of the owner of) real property in the downtown district, as described in section 14-27 of this article II. For purposes of this section, a person shall be deemed to 'own real property" where the person is the owner of the fee simple title, or owns the leasehold interest on the property under a lease having an original term of at least 30 years. All members of the board shall be individuals of outstanding reputation for integrity, responsibility and business ability and acumen. No officer or employee of the city, other than one member of the city commission, shall be eligible for appointment to the board. (b) Before assuming the duties of the office, each appointed member shall qualify by taking and subscribing to the oath of office required of officials of the city. (Code 1967, § 13-7: Ord. No. 10714, § 1, 3-8-90; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11189, § 2, 10-27-94; Code 1980, § 14-27; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11692, § 2, 7-21-98) Sec. 14-54. Same —Meetings; rules and regulations; compensation of members. The board shall adopt and promulgate rules governing its procedures subject to approval by the city commission and shall hold regular meetings no less often than once each month, except for any month in which the city commission is not in session. Special meetings may be held when called in the manner provided in the rules of the board. All meetings of the board shall be open to the public. Each member of the board shall serve without compensation. (Code 1967, § 13-8; Code 1980, § 14-28; Ord, No. 12905, § 2, 4-12-07) Sec. 14-55. Same —Removal of members. Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise a board member as to the basis for his or her removal and after reasonable notice to the board member and an opportunity for the member to be heard, the city commission or the board of directors, may remove a board member: (1) For cause; (2) Upon the occurrence of an event hat causes the member to cease to meet their qualification criteria set forth in section 14-53; or (3) As otherwise provided by law. For purposes of this section, being absent from three consecutive regular board meetings or from four regular board meetings during a calendar year shall constitute good cause for removal. (Code 1967, § 13-9; Ord. No. 9363, § 1, 1-14-82; Ord. No. 11130, § 10, 3-24-94; Code 1980, § 14-29; Ord. No. 11538, § 3, 9-9-97; Ord. No. 12905, § 2, 4-12-07) Sec. 14-56. Same Powers and duties. (a) The board, subject to the provisions of this article, and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation for profit. It shall exercise supervisory control over the activities of the executive director and the staff of the downtown development authority in carrying out the functions authorized by this article. https://library.municode.com/print.aspx?h=&clientlD=10933 &HTMRequest=https%3 a%2... 8/21/2014 ' Municode Page 4 of 8 (b) It shall be the duty of the board, and it shall have the power, to do the following: (1) Appoint an executive director; prescribe his/her duties; and fix his/her compensation, which shall be paid from funds available to the authority. The staff members shall be employed by the executive director, and shall have no civil service rights or privileges. (2) Prepare an analysis of economic changes taking place in the central business district of the city. (3) Study and analyze the impact of metropolitan growth upon the central business district. (4) Plan and propose, within the downtown area, public improvements of all kinds, including renovation, repair, remodeling, reconstruction or other changes in existing buildings which may be necessary or appropriate to the execution of any such plan which in the opinion of the board will aid in the economic growth of the downtown area. (5) To implement as provided in this article any plan of development in the downtown area as shall be necessary to carry out its functions, except that when funds are required the approval of the city commission is required. (6) In cooperation with the planning advisory board and zoning board of the city and the planning department of the city, develop long range plans designed to halt the deterioration of property values in the central business district, and take such steps as may be necessary to persuade property owners to implement such plans to the fullest extent possible. (7) Retain and fix the compensation of legal counsel to advise the board in the proper performance of its duties. The general counsel of the downtown development authority as authorized in this article shall be a practicing attorney at law admitted to the practice of law in the state. He shall represent the authority in all suits or actions brought by or against the authority involving the jurisdiction, power, duties, functions or activities of the authority, or of the city, under the terms of this article. (8) To make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties. (9) Borrow money on a shortterm basis to pay expenses of operation following the assessment and levy and prior to collection of the tax herein authorized, and to issue evidences of indebtedness, such loans to be signed by the chairman and the secretary of the authority. Prior to the issuance of evidence of indebtedness for such loans, the board shall first present the plan and need therefor and the commission of the city must approve such evidence of indebtedness by an appropriate resolution. The rate of interest to be paid by the authority on any such debt shall be the lowest rate of interest available not to exceed six percent per annum. The authority shall hold the city harmless with respect to any debt created hereunder. (Code 1967, § 13-10; Ord. No. 8665, § 1, 6-21-77; Code 1980, § 14-30; Ord. No. 12905. § 2, 4-12-07) Sec. 14-57. Same —Additional powers and duties. In addition and supplemental to the powers provided in section 14-56, the authority acting through its board, subject to the approval of the commission of the city as hereinafter set forth, shall have the right, power and authority to: (1) Acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described therein is https://library.municode.com/print.aspx?h=&clientlD=10933 &HTMRequest=https%3 a%2... 8/21/2014 'Municode Page 5 of 8 necessary for such purposes, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. The authority may exercise the power of eminent domain in the manner provided in F.S. chs. 73 and 74. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the city, the county, the state or any political subdivision thereof may be acquired without its consent. (2) Acquire by purchase or otherwise on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution, own, convey or otherwise dispose of, lease as lessor or lessee any land and any other property, real or personal, or any rights or interests therein, which it may determine is reasonably necessary for any project (hereafter defined) or purpose of this article; and to grant or acquire licenses, easements and options with respect thereto. (3) Improve land, construct, reconstruct, equip, improve, maintain, repair and operate office buildings and any necessary or desirable appurtenances thereto, within the boundaries of the authority for the housing in whole or in part of federal, state, county or municipal governmental entities or any agencies thereof or any other person or corporation or any combination of the foregoing (each such office building being herein called a "project"), subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or any facilities furnished thereby, or property under its control and to pledge such revenue to the payment of revenue bonds issued by it, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (5) Lease as lessor any project, projects or property under its control or any part thereof and charge rentals for the use thereof sufficient with any other available revenues to pay the principal of and the interest on the revenue bonds issued to pay the cost of any such project or projects, subject to the need and plan therefor being first presented to the mayor and commission of the city and its approval evidenced by the adoption of an appropriate resolution. (6) Accept grants and donations of any type of property, labor, or other thing of value from any public or private source. (7) Receive the proceeds of the tax referred to in this article, subject to the commission of the city approving the millage assessment as provided therein. (8) Receive the revenues from any property, project or facility owned, leased, licensed, or operated by it or under its control, subject to the limitations imposed upon it by trusts or other agreements validly entered into by it. (9) Cooperate and enter into agreements with any governmental agency or other public body, subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution. (10) Make or receive from the municipality or the county in which the authority is located conveyances, leasehold interests, grants, contributions, loans and other rights and privileges, subject to the need and plan therefor being first presented to the https://library.municode.com/print.aspx?h=&clientlD=10933&HTMRequest=l ttps%3a%2... 8/21/2014 • Municode Page 6 of 8 commission of the city and its approval evidenced by the adoption of an appropriate resolution. (11) Subject to the need and plan therefor being first presented to the commission of the city and its approval evidenced by the adoption of an appropriate resolution approving such plan, issue, negotiate and sell, in accordance with the applicable provisions of the laws of the state, except as otherwise herein provided, revenue bonds of the authority, payable solely from revenues, to pay all or any part of the cost of any project, projects or purpose of this article upon such terms and conditions, manner and form, and having such details, conditions and provisions as shall be determined by resolution of the authority not inconsistent with the provisions hereof, and to secure such revenue bonds by a trust agreement by and between the authority and a bank or trust company having trust company powers within or without the state, provided that any such revenue bonds shall mature at such time or times not later than 40 years from their date and shall bear interest at a rate or rates not exceeding six percent per annum; to take all steps deemed by it necessary or expedient for efficient preparation and marketing of the revenue bonds at public sale upon ten days' published notice in the municipality where the authority is located or with the approval of the commission of the city at private sale, at the best price obtainable, including the entry into binding agreements with corporate trustees, underwriters, and the holders of the revenue bonds, and the employment and payment, as a necessary expense of issuance, for the services of consultants on valuations, costs and feasibility of undertaking, revenues to be anticipated and other financial matters, architecture, engineering, legal matters, accounting matters, and any other fields in which expert advice may be needed to effectuate advantageous issuance and marketing; and such bonds shall be governed by the following conditions: a. Any revenue bonds issued under the provisions of this section shall not be deemed to be a debt of the city, the county in which it is located, or the state, or a pledge of the faith and credit of the city, county or state; but such bonds shall be payable solely from the revenues pledged for their payment as authorized herein. The city establishing such authority, the county in which it is located, and the state are not directly or indirectly obligated to pay the principal of or the interest on the bonds, and the faith and credit of the city is not pledged to the payment of such principal or interest; and all such bonds shall contain this statement on their face. The issuance of revenue bonds under the provisions of this section shall not, directly or indirectly or contingently, obligate the city, county or state to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. b. All revenue bonds issued pursuant hereto shall be negotiable instruments for all purposes. (12) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to the extent not in conflict herewith or inconsistent herewith. (Code 1967, § 13-10.1; Code 1980, § 14-31; Ord. No. 11564, § 7, 10-28-97) Sec. 14-58. Employees generally. (a) The board shall employ and fix the compensation, subject to the approval of the city commission, of the executive director of the board, who shall serve at the pleasure of the board. The executive director shall be a person of good moral character and possessed of a reputation for integrity, responsibility and business ability. No member of the board shall be https ://library.munic o de. com/print.aspx?h=&clientlD=10933 &HTMReque st=http s % 3 a%2... 8/21/2014 • Municode Page 7 of 8 eligible to hold the position of executive director. Before entering upon the duties of his/her office, the executive director shall take and subscribe to the oath and furnish bond as required of members of the board. He/she shall be the chief executive officer of the downtown development authority and shall devote his/her entire time and attention to the duties of his/her office. He/she shall not, while serving as executive director, engage in any other business or profession. Subject to the approval of the board, and direction by it when necessary, he/she shall have general supervision over and be responsible for the preparation of plans and the performance of the functions of the authority in the manner authorized in this article. He/she shall attend all meetings of the board and shall render to the board, the mayor and to the city commission, a monthly report covering the activities and financial condition of the authority. In the absence or disability of the executive director, the board may designate a qualified person to perform the duties of the office as acting executive director. The executive director shall furnish the board with such information or reports governing the operation of the authority as the board may from time to time require. (b) Subject to the approval of the board, the executive director shall employ and fix the compensation of: (1) A treasurer, who shall keep the financial records of the authority and who, together with the executive director, shall perform such other duties as may be delegated to him/her by the board, At the discretion of the board, the functions of the treasurer may be performed by an outside professional retained and approved by the board for these purposes. (2) A secretary, who shall maintain custody of the official seal and of all records, books, documents or other papers not required to be maintained by the treasurer. The secretary shall attend all meetings of the board and keep a record of all its proceedings. The secretary shall perform such other duties as may be delegated by the board. (3) Such clerical, technical and professional assistance, including, but not limited to, engineering, planning, economic research and other fields, as shall in the opinion of the board be necessary to provide for the efficient performance of the functions of the board. (Code 1967, § 13-11; Code 1980, § 14-32: Ord. No, 11564, § 7, 10-28-97 Ord. No. 12905, § Z, 4-12-07) Sec. 14-59. Annual budget; source of funds. (a) (b) No later than 30 days prior to the date the city commission establishes the millage rate for the city, the executive director shall prepare for the approval of the board a budget for the operation of the downtown development authority for the ensuing fiscal year. The budget shall be prepared in the same manner as required of all departments of the city. When approved by the board it shall not require approval of any officer or body of the city other than the city commission. No funds of the city may be included in the budget of the authority except those funds authorized in this article. The operations of the downtown development authority shall be principally financed from the following sources and such other sources as may be approved by the city commission: (1) Donations to the authority for the performance of its functions. (2) Proceeds of an ad valorem tax, not exceeding one-half mill per dollar valuation of property in the downtown area designated by the city commission. (3) Money borrowed and to be repaid from other funds received under the authority of this article which shall include federal funds, contributions and funds derived from the millage authorized to be levied under this article. https://library.munieode.com/print.aspx?h=&clientlD=10933 &HTMRequest=https%3 a%2... 8/21/2014 Municode Page 8 of 8 (Code 1967, § 13-12; Code 1980, § 14-33; Ord. No. 12905, § 2, 4-12-07) Sec. 14-6O. Annual ad valorem tax levy in downtown district; disposition of funds. The city commission is authorized to levy an additional ad valorem tax on all real and personal property in the downtown district as described in this article, not exceeding one-half mill on the dollar valuation of such property, for the purpose of financing the operation of the downtown development authority. This levy of one-half mill per dollar ad valorem tax shall be in addition to the regular ad valorem taxes and special assessments for improvements imposed by the city commission. The tax collector shall transmit funds so collected to the appropriate officer of the city responsible for the handling of the public money who shall deposit the same in the city treasury to the credit of the authority. Such money shall be used for no purpose other than those purposes authorized in this article and, upon approval of the board, pursuant to vouchers signed by a minimum of two authorized signatories of the authority, who shall be the executive director and one member of the board of directors, or two members of the board of directors. The funds of the authority shall be secured as other public funds are secured. Other money received by the authority shall forthwith be deposited in the city treasury to the credit of the authority, subject to disbursement as authorized in this article. The city shall not obligate itself nor shall it ever be obligated to pay any sums from general public funds, or from any public funds other than money received pursuant to section 14-59 for or on account of any of the activities of the authority. (Code 1967, § 13-13; Code 1980, § 14-34; Ord. No. 12905, § 2, 4-12-07) Sec. 14-61. Assessment of funds for handling and auditing by city. The city commission shall have the power to assess against the funds of the downtown development authority, for the use and benefit of the general fund of the city, a reasonable pro rata share of such funds for the cost of handling and auditing, which assessment when made shall be paid annually by the board pursuant to an appropriate item in its budget. (Code 1967, § 13-14; Code 1980, § 14-35) Sec. 14-62. Conflicts of interest of board members, employees, etc, No board member nor any employee of the board shall vote or otherwise participate in any matter in which he has a financial interest, either direct or indirect. When such interest shall appear, it shall be the duty of the board member, or employee, to make such interest known and he shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Wilful violation of the provisions of this section shall constitute malfeasance on the part of a member of the board, and shall be grounds for instant dismissal of any employee. Any transaction involving a conflict of interest, wherein a violation of this section is involved, may be rendered void at the option of the board. (Code 1967, § 13-15; Code 1980, § 14-36) City Code cross reference —Conflicts of interest, § 2-611 et seq. https://library.municode.com/print.aspx?h=&clientlD=10933 &HTMRequest=https%3 a%2... 8/21 /2014 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 13 Select Year: 2014 The 2014 Florida Statutes Title XIV Chapter 200 View Entire Chapter TAXATION AND FINANCE DETERMINATION OF MILLAGE 200.065 Method of fixing millage.— (1) Upon completion of the assessment of all property pursuant to s. 193.023, the property appraiser shall certify to each taxing authority the taxable value within the jurisdiction of the taxing authority. This certification shall include a copy of the statement required to be submitted under s. 195.073(3), as applicable to that taxing authority. The form on which the certification is made shalt include instructions to each taxing authority describing the proper method of computing a millage rate which, exclusive of new construction, additions to structures, deletions, increases in the value of improvements that have undergone a substantial rehabilitation which increased the assessed value of such improvements by at least 100 percent, property added due to geographic boundary changes, total taxable value of tangible personal property within the jurisdiction in excess of 115 percent of the previous year's total taxable value, and any dedicated increment value, will provide the same ad valorem tax revenue for each taxing authority as was Levied during the prior year less the amount, if any, paid or applied as a consequence of an obligation measured by the dedicated increment value. That millage rate shall be known as the "rolled -back rate." The property appraiser shall also include instructions, as prescribed by the Department of Revenue, to each county and municipality, each special district dependent to a county or municipality, each municipal service taxing unit, and each independent special district describing the proper method of computing the millage rates and taxes levied as specified in subsection (5). The Department of Revenue shall prescribe the instructions and forms that are necessary to administer this subsection and subsection (5). The information provided pursuant to this subsection shall also be sent to the tax collector by the property appraiser at the time it is sent to each taxing authority. (2) No millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority which resolution or ordinance must be approved by the taxing authority according to the following procedure: (a)1. Upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes. In computing proposed or final millage rates, each taxing authority shall utilize not less than 95 percent of the taxable value certified pursuant to subsection (1). 2. The tentative budget of the county commission shalt be prepared and submitted in accordance with s. 129.03. http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_ Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 13 3. The tentative budget of the school district shall be prepared and submitted in accordance with chapter 1011, provided that the date of submission shall not be later than 24 days after certification of value pursuant to subsection (1). 4. Taxing authorities other than the county and school district shall prepare and consider tentative and final budgets in accordance with this section and applicable provisions of taw, including budget procedures applicable to the taxing authority, provided such procedures do not conflict with general law. (b) Within 35 days of certification of value pursuant to subsection (1), each taxing authority shalt advise the property appraiser of its proposed millage rate, of its rolled -back rate computed pursuant to subsection (1), and of the date, time, and place at which a public hearing will be held to consider the proposed millage rate and the tentative budget. The property appraiser shalt utilize this information in preparing the notice of proposed property taxes pursuant to s. 200.069. The deadline for mailing the notice shall be the later of 55 days after certification of value pursuant to subsection (1) or 10 days after either the date the tax roll is approved or the interim roll procedures under s. 193.1145 are instituted. If the deadline for mailing the notice of proposed property taxes is 10 days after the date the tax roll is approved or the interim roll procedures are instituted, all subsequent deadlines provided in this section shall be extended. The number of days by which the deadlines shall be extended shall equal the number of days by which the deadline for mailing the notice of proposed taxes is extended beyond 55 days after certification. If any taxing authority fails to provide the information required in this paragraph to the property appraiser in a timely fashion, the taxing authority shall be prohibited from levying a millage rate greater than the rolled -back rate computed pursuant to subsection (1) for the upcoming fiscal year, which rate shall be computed by the property appraiser and used in preparing the notice of proposed property taxes. (c) Within 80 days of the certification of value pursuant to subsection (1), but not earlier than 65 days after certification, the governing body of each taxing authority shalt hold a public hearing on the tentative budget and proposed millage rate. Prior to the conclusion of the hearing, the governing body of the taxing authority shall amend the tentative budget as it sees fit, adopt the amended tentative budget, recompute its proposed millage rate, and publicly announce the percent, if any, by which the recomputed proposed millage rate exceeds the rolled -back rate computed pursuant to subsection (1). That percent shall be characterized as the percentage increase in property taxes tentatively adopted by the governing body. (d) 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 provided in subsection (3), its intent to finally adopt a millage rate and budget. A public hearing to finalize the budget and adopt a millage rate shall be held not less than 2 days nor more than 5 days after the day that the advertisement is first published. During the hearing, the governing body of the taxing authority shall amend the adopted tentative budget as it sees fit, adopt a final budget, and adopt a resolution or ordinance stating the millage rate to be levied. The resolution or ordinance shall state the percent, if any, by which the millage rate to be levied exceeds the rolled -back rate computed pursuant to subsection (1), which shall be characterized as the percentage increase in property taxes adopted by the governing body. The adoption of the budget and the millage-Levy resolution or ordinance shall be by separate votes. For each taxing authority levying millage, the name of the taxing authority, the rolled -back rate, the percentage increase, and the millage rate to be levied shall be publicly announced prior to the adoption of the millage-levy resolution or ordinance. In no event may the millage rate adopted pursuant to this paragraph exceed the millage rate tentatively adopted pursuant to paragraph (c). If the rate tentatively http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 13 adopted pursuant to paragraph (c) exceeds the proposed rate provided to the property appraiser pursuant to paragraph (b), or as subsequently adjusted pursuant to subsection (11), each taxpayer within the jurisdiction of the taxing authority shall be sent notice by first-class mail of his or her taxes under the tentatively adopted millage rate and his or her taxes under the previously proposed rate. The notice must be prepared by the property appraiser, at the expense of the taxing authority, and must generally conform to the requirements of s. 200.069. If such additional notice is necessary, its mailing must precede the hearing held pursuant to this paragraph by not less than 10 days and not more than 15 days. (e)1. In the hearings required pursuant to paragraphs (c) and (d), the first substantive issue discussed shall be the percentage increase in millage over the rolled -back rate necessary to fund the budget, if any, and the specific purposes for which ad valorem tax revenues are being increased. During such discussion, the governing body shalt hear comments regarding the proposed increase and explain the reasons for the proposed increase over the rolled -back rate. The general public shall be allowed to speak and to ask questions prior to adoption of any measures by the governing body. The governing body shall adopt its tentative or final millage rate prior to adopting its tentative or final budget. 2. These hearings shall be held after 5 p.m. if scheduled on a day other than Saturday. No hearing shall be held on a Sunday. The county commission shall not schedule its hearings on days scheduled for hearings by the school board. The hearing dates scheduled by the county commission and school board shall not be utilized by any other taxing authority within the county for its public hearings. A multicounty taxing authority shall make every reasonable effort to avoid scheduling hearings on days utilized by the counties or school districts within its jurisdiction. Tax levies and budgets for dependent special taxing districts shalt be adopted at the hearings for the taxing authority to which such districts are dependent, following such discussion and adoption of levies and budgets for the superior taxing authority. A taxing authority may adopt the tax levies for all of its dependent special taxing districts, and may adopt the budgets for all of its dependent special taxing districts, by a single unanimous vote. However, if a member of the general public requests that the tax levy or budget of a dependent special taxing district be separately discussed and separately adopted, the taxing authority shall discuss and adopt that tax levy or budget separately. If, due to circumstances beyond the control of the taxing authority, the hearing provided for in paragraph (d) is recessed, the taxing authority shall publish a notice in a newspaper of general paid circulation in the county. The notice shall state the time and place for the continuation of the hearing and shall be published at least 2 days but not more than 5 days prior to the date the hearing will be continued. (f)1. Notwithstanding any provisions of paragraph (c) to the contrary, each school district shall advertise its intent to adopt a tentative budget in a newspaper of general circulation pursuant to subsection (3) within 29 days of certification of value pursuant to subsection (1). Not less than 2 days or more than 5 days thereafter, the district shall hold a public hearing on the tentative budget pursuant to the applicable provisions of paragraph (c). 2. Notwithstanding any provisions of paragraph (b) to the contrary, each school district shall advise the property appraiser of its recomputed proposed millage rate within 35 days of certification of value pursuant to subsection (1). The recomputed proposed millage rate of the school district shall be considered its proposed millage rate for the purposes of paragraph (b). 3. Notwithstanding any provisions of paragraph (d) to the contrary, each school district shall hold a public hearing to finalize the budget and adopt a millage rate within 80 days of certification of value pursuant to subsection (1), but not earlier than 65 days after certification. The hearing shalt be held in http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 13 accordance with the applicable provisions of paragraph (d), except that a newspaper advertisement need not precede the hearing. (g) Notwithstanding other provisions of law to the contrary, a taxing authority may: 1. Expend moneys based on its tentative budget after adoption pursuant to paragraph (c) and until such time as its final budget is adopted pursuant to paragraph (d), only if the fiscal year of the taxing authority begins prior to adoption of the final budget or, in the case of a school district, if the fall term begins prior to adoption of the final budget; or 2. Readopt its prior year's adopted final budget, as amended, and expend moneys based on that budget until such time as its tentative budget is adopted pursuant to paragraph (c), only if the fiscal year of the taxing authority begins prior to adoption of the tentative budget. The readopted budget shall be adopted by resolution without notice pursuant to this section at a duly constituted meeting of the governing body. (3) The advertisement shall be no less than one -quarter page in size of a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county or in a geographically limited insert of such newspaper. The geographic boundaries in which such insert is circulated shall include the geographic boundaries of the taxing authority. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the county is published less than 5 days a week, or that the advertisement appear in a geographically limited insert of such newspaper which insert is published throughout the taxing authority's jurisdiction at least twice each week. It is further the legislative intent that the newspaper selected be one of general interest and readership in the community and not one of limited subject matter, pursuant to chapter 50. (a) For taxing authorities other than school districts which have tentatively adopted a miltage rate in excess of 100 percent of the rolled -back rate computed pursuant to subsection (1), the advertisement shall be in the following form: NOTICE OF PROPOSED TAX INCREASE The (name of the taxing authority) has tentatively adopted a measure to increase its property tax levy. Last year's property tax levy: A. Initially proposed tax levy $XX,XXX,XXX B. Less tax reductions due to Value Adjustment Board and other assessment changes ($XX,XXX,XXX) C. Actual property tax levy $XX,XXX,XXX This year's proposed tax levy $XX,XXX,XXX All concerned citizens are invited to attend a public hearing on the tax increase to be held on (date and time) at (meeting place) . A FINAL DECISION on the proposed tax increase and the budget will be made at this hearing. (b) In all instances in which the provisions of paragraph (a) are inapplicable for taxing authorities other than school districts, the advertisement shall be in the following form: NOTICE OF BUDGET HEARING http://www.leg.state.fl.us/statutes/index.cfin?App_inode=Display_Statute&Search String—... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 13 The (name of taxing authority) has tentatively adopted a budget for (fiscal year) . A public hearing to make a FINAL DECISION on the budget AND TAXES will be held on (date and time) at (meeting place) . (c) For school districts which have proposed a millage rate in excess of 100 percent of the rolled - back rate computed pursuant to subsection (1) and which propose to levy nonvoted millage in excess of the minimum amount required pursuant to s. 1011.60(6), the advertisement shall be in the following form: NOTICE OF PROPOSED TAX INCREASE The (name of school district) wilt soon consider a measure to increase its property tax levy. Last year's property tax levy: A. Initially proposed tax levy $XX,XXX,XXX B. Less tax reductions due to Value Adjustment Board and other assessment changes ($XX,XXX,XXX) C. Actual property tax levy $XX,XXX,XXX This year's proposed tax levy $XX,XXX,XXX A portion of the tax levy is required under state law in order for the school board to receive $ (amount A) in state education grants. The required portion has (increased or decreased) by (amount B) percent and represents approximately (amount C) of the total proposed taxes. The remainder of the taxes is proposed solely at the discretion of the school board. All concerned citizens are invited to a public hearing on the tax increase to be held on (date and time) at (meeting place) . A DECISION on the proposed tax increase and the budget will be made at this hearing. 1. AMOUNT A shalt be an estimate, provided by the Department of Education, of the amount to be received in the current fiscal year by the district from state appropriations for the Florida Education Finance Program. 2. AMOUNT B shall be the percent increase over the rolled -back rate necessary to levy only the required local effort in the current fiscal year, computed as though in the preceding fiscal year only the required local effort was levied. 3. AMOUNT C shall be the quotient of required local -effort millage divided by the total proposed nonvoted millage, rounded to the nearest tenth and stated in words; however, the stated amount shall not exceed nine -tenths. (d) For school districts which have proposed a millage rate in excess of 100 percent of the rolled - back rate computed pursuant to subsection (1) and which propose to levy as nonvoted millage only the minimum amount required pursuant to s. 1011.60(6), the advertisement shall be the same as provided in paragraph (c), except that the second and third paragraphs shall be replaced with the following paragraph: This increase is required under state taw in order for the school board to receive $ (amount A) in state education grants. (e) In all instances in which the provisions of paragraphs (c) and (d) are inapplicable for school districts, the advertisement shall be in the following form: NOTICE OF BUDGET HEARING http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_ Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 13 The (name of school district) will soon consider a budget for (fiscal year) . A public hearing to make a DECISION on the budget AND TAXES will be held on (date and time) at (meeting place) . (f) In lieu of publishing the notice set out in this subsection, the taxing authority may mail a copy of the notice to each elector residing within the jurisdiction of the taxing authority. (g) In the event that the mailing of the notice of proposed property taxes is delayed beyond September 3 in a county, any multicounty taxing authority which levies ad valorem taxes within that county shall advertise its intention to adopt a tentative budget and millage rate in a newspaper of paid general circulation within that county, as provided in this subsection, and shall hold the hearing required pursuant to paragraph (2)(c) not Less than 2 days or more than 5 days thereafter, and not later than September 18. The advertisement shall be in the following form, unless the proposed millage rate is less than or equal to the rolled -back rate, computed pursuant to subsection (1), in which case the advertisement shall be as provided in paragraph (e): NOTICE OF TAX INCREASE The (name of the taxing authority) proposes to increase its property tax levy by (percentage of increase over rolled - back rate) percent. All concerned citizens are invited to attend a public hearing on the proposed tax increase to be held on (date and time) at (meeting place) . (h) In no event shall any taxing authority add to or delete from the language of the advertisements as specified herein unless expressly authorized by law, except that, if an increase in ad valorem tax rates will affect only a portion of the jurisdiction of a taxing authority, advertisements may include a map or geographical description of the area to be affected and the proposed use of the tax revenues under consideration. In addition, if published in the newspaper, the map must be part of the online advertisement required by s. 50.0211. The advertisements required herein shall not be accompanied, preceded, or followed by other advertising or notices which conflict with or modify the substantive content prescribed herein. (i) The advertisements required pursuant to paragraphs (b) and (e) need not be one -quarter page in size or have a headline in type no smaller than 18 point. (j) The amounts to be published as percentages of increase over the rolled -back rate pursuant to this subsection shall be based on aggregate millage rates and shall exclude voted millage levies unless expressly provided otherwise in this subsection. (k) Any taxing authority which will levy an ad valorem tax for an upcoming budget year but does not levy an ad valorem tax currently shall, in the advertisement specified in paragraph (a), paragraph (c), paragraph (d), or paragraph (g), replace the phrase "increase its property tax levy by (percentage of increase over rolled -back rate) percent" with the phrase "impose a new property tax levy of $ (amount) per $1,000 value." (l) Any advertisement required pursuant to this section shall be accompanied by an adjacent notice meeting the budget summary requirements of s. 129.03(3)(b). Except for those taxing authorities proposing to levy ad valorem taxes for the first time, the following statement shall appear in the budget summary in boldfaced type immediately following the heading, if the applicable percentage is greater than zero: http://www.leg.state.fl.us/statutes/index.cfiii?App_mode=Display_Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 13 THE PROPOSED OPERATING BUDGET EXPENDITURES OF (name of taxing authority) ARE (percent rounded to one decimal place) MORE THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES. For purposes of this paragraph, "proposed operating budget expenditures" or "operating expenditures" means all moneys of the local government, including dependent special districts, that: 1. Were or could be expended during the applicable fiscal year, or 2. Were or could be retained as a balance for future spending in the fiscal year. Provided, however, those moneys held in or used in trust, agency, or internal service funds, and expenditures of bond proceeds for capital outlay or for advanced refunded debt principal, shall be excluded. (4) The resolution or ordinance approved in the manner provided for in this section shall be forwarded to the property appraiser and the tax collector within 3 days after the adoption of such resolution or ordinance. No millage other than that approved by referendum may be levied until the resolution or ordinance to levy required in subsection (2) is approved by the governing board of the taxing authority and submitted to the property appraiser and the tax collector. The receipt of the resolution or ordinance by the property appraiser shall be considered official notice of the millage rate approved by the taxing authority, and that millage rate shall be the rate applied by the property appraiser in extending the rolls pursuant to s. 193.122, subject to the provisions of subsection (6). These submissions shall be made within 101 days of certification of value pursuant to subsection (1). 1(5) In each fiscal year: (a) The maximum millage rate that a county, municipality, special district dependent to a county or municipality, municipal service taxing unit, or independent special district may levy is a rolled -back rate based on the amount of taxes which would have been levied in the prior year if the maximum millage rate had been applied, adjusted for change in per capita Florida personal income, unless a higher rate was adopted, in which case the maximum is the adopted rate. The maximum millage rate applicable to a county authorized to levy a county public hospital surtax under s. 212.055 and which did so in fiscal year 2007 shall exclude the revenues required to be contributed to the county public general hospital in the current fiscal year for the purposes of making the maximum millage rate calculation, but shall be added back to the maximum millage rate allowed after the roll back has been applied, the total of which shall be considered the maximum millage rate for such a county for purposes of this subsection. The revenue required to be contributed to the county public general hospital for the upcoming fiscal year shall be calculated as 11.873 percent times the millage rate levied for countywide purposes in fiscal year 2007 times 95 percent of the preliminary tax roll for the upcoming fiscal year. A higher rate may be adopted only under the following conditions: 1. A rate of not more than 110 percent of the rolled -back rate based on the previous year's maximum millage rate, adjusted for change in per capita Florida personal income, may be adopted if approved by a two-thirds vote of the membership of the governing body of the county, municipality, or independent district; or 2. A rate in excess of 110 percent may be adopted if approved by a unanimous vote of the membership of the governing body of the county, municipality, or independent district or by a three - fourths vote of the membership of the governing body if the governing body has nine or more members, or if the rate is approved by a referendum. (b) The millage rate of a county or municipality, municipal service taxing unit of that county, and any special district dependent to that county or municipality may exceed the maximum millage rate http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String—... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 8 of 13 calculated pursuant to this subsection if the total county ad valorem taxes levied or total municipal ad valorem taxes levied do not exceed the maximum total county ad valorem taxes levied or maximum total municipal ad valorem taxes levied respectively. Voted millage and taxes levied by a municipality or independent special district that has levied ad valorem taxes for less than 5 years are not subject to this limitation. The millage rate of a county authorized to levy a county public hospital surtax under s. 212.055 may exceed the maximum millage rate calculated pursuant to this subsection to the extent necessary to account for the revenues required to be contributed to the county public hospital. Total taxes levied may exceed the maximum calculated pursuant to subsection (6) as a result of an increase in taxable value above that certified in subsection (1) if such increase is less than the percentage amounts contained in subsection (6) or if the administrative adjustment cannot be made because the value adjustment board is still in session at the time the tax roll is extended; otherwise, millage rates subject to this subsection, s. 200.185, or s. 200.186 may be reduced so that total taxes levied do not exceed the maximum. Any unit of government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, which is granted the authority in the State Constitution to exercise all the powers conferred now or hereafter by general law upon municipalities and which exercises such powers in the unincorporated area shall be recognized as a municipality under this subsection. For a downtown development authority established before the effective date of the 1968 State Constitution which has a millage that must be approved by a municipality, the governing body of that municipality shall be considered the governing body of the downtown development authority for purposes of this subsection. (6) Prior to extension of the rolls pursuant to s. 193.122, the property appraiser shall notify each taxing authority of the aggregate change in the assessment roll, if any, from that certified pursuant to subsection (1), including, but not limited to, those changes which result from actions by the value adjustment board or from corrections of errors in the assessment roll. Municipalities, counties, school boards, and water management districts may adjust administratively their adopted millage rate without a public hearing if the taxable value within the jurisdiction of the taxing authority as certified pursuant to subsection (1) is at variance by more than 1 percent with the taxable value shown on the roll to be extended. Any other taxing authority may adjust administratively its adopted millage rate without a public hearing if the taxable value within the jurisdiction of the taxing authority as certified pursuant to subsection (1) is at variance by more than 3 percent with the taxable value shown on the roll to be extended. The adjustment shall be such that the taxes computed by applying the adopted rate against the certified taxable value are equal to the taxes computed by applying the adjusted adopted rate to the taxable value on the roll to be extended. However, no adjustment shall be made to levies required by law to be a specific millage amount. Not later than 3 days after receipt of notification pursuant to this subsection, each affected taxing authority shall certify to the property appraiser its adjusted adopted rate. Failure to so certify shall constitute waiver of the adjustment privilege. (7) Nothing contained in this section shall serve to extend or authorize any millage in excess of the maximum millage permitted by law or prevent the reduction of millage. (8) The property appraiser shall deliver to the presiding officer of each taxing authority within the county, on June 1, an estimate of the total assessed value of nonexempt property for the current year for budget planning purposes. (9) Multicounty taxing authorities are subject to the provisions of this section. The term "taxable value" means the taxable value of all property subject to taxation by the authority. If a mutticounty http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_ Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 9 of 13 taxing authority has not received a certification pursuant to subsection (1) from a county by July 15, it shalt compute its proposed millage rate and rolled -back rate based upon estimates of taxable value supplied by the Department of Revenue. All dates for public hearings and advertisements specified in this section shall, with respect to multicounty taxing authorities, be computed as though certification of value pursuant to subsection (1) were made July 1. The multicounty district shall add the following sentence to the advertisement set forth in paragraphs (3)(a) and (g): This tax increase is applicable to (name of county or counties) . (10)(a) In addition to the notice required in subsection (3), a district school board shall publish a second notice of intent to levy additional taxes under s. 1011.71(2) or (3). The notice shall specify the projects or number of school buses anticipated to be funded by the additional taxes and shall be published in the size, within the time periods, adjacent to, and in substantial conformity with the advertisement required under subsection (3). The projects shall be listed in priority within each category as follows: construction and remodeling; maintenance, renovation, and repair; motor vehicle purchases; new and replacement equipment; payments for educational facilities and sites due under a lease -purchase agreement; payments for renting and teasing educational facilities and sites; payments of loans approved pursuant to ss. 1011.14 and 1011.15; payment of costs of compliance with environmental statutes and regulations; payment of premiums for property and casualty insurance necessary to insure the educational and ancillary plants of the school district; payment of costs of leasing relocatable educational facilities; and payments to private entities to offset the cost of school buses pursuant to s. 1011.71(2)(i). The additional notice shall be in the following form, except that if the district school board is proposing to levy the same millage under s. 1011.71(2) or (3) which it levied in the prior year, the words "continue to" shall be inserted before the word "impose" in the first sentence, and except that the second sentence of the second paragraph shall be deleted if the district is advertising pursuant to paragraph (3)(e): NOTICE OF TAX FOR SCHOOL CAPITAL OUTLAY The (name of school district) will soon consider a measure to impose a (number) mill property tax for the capital outlay projects listed herein. This tax is in addition to the school board's proposed tax of (number) mills for operating expenses and is proposed solely at the discretion of the school board. THE PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE. The capital outlay tax will generate approximately $ (amount) , to be used for the following projects: (list of capital outlay projects) All concerned citizens are invited to a public hearing to be held on (date and time) at (meeting place) . A DECISION on the proposed CAPITAL OUTLAY TAXES will be made at this hearing. (b) In the event a school district needs to amend the list of capital outlay projects previously advertised and adopted, a notice of intent to amend the notice of tax for school capital outlay shall be published in conformity with the advertisement required in subsection (3). A public hearing to adopt the amended project list shall be held not less than 2 days nor more than 5 days after the day the advertisement is first published. The projects should be listed under each category of new, amended, or deleted projects in the same order as required in paragraph (a). The notice shall appear in the following http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String—... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 10 of 13 form, except that any of the categories of new, amended, or deleted projects may be omitted if not appropriate for the changes proposed: AMENDED NOTICE OF TAX FOR SCHOOL CAPITAL OUTLAY The School Board of (name) County will soon consider a measure to amend the use of property tax for the capital outlay projects previously advertised for the (year) to (year) school year. New projects to be funded: Amended projects to be funded: Projects to be deleted: (list of capital outlay projects) (list of capital outlay projects) (list of capital outlay proiects) All concerned citizens are invited to a public hearing to be held on (date and time) at (meeting place) . A DECISION on the proposed amendment to the projects funded from CAPITAL OUTLAY TAXES will be made at this meeting. (11) Notwithstanding the provisions of paragraph (2)(b) and s. 200.069(4)(f) to the contrary, the proposed millage rates provided to the property appraiser by the taxing authority, except for millage rates adopted by referendum, for rates authorized by s. 1011.71, and for rates required by law to be in a specified millage amount, shalt be adjusted in the event that a review notice is issued pursuant to s. 193.1142(4) and the taxable value on the approved roll is at variance with the taxable value certified pursuant to subsection (1). The adjustment shall be made by the property appraiser, who shall notify the taxing authorities affected by the adjustment within 5 days of the date the roll is approved pursuant to s. 193.1142(4). The adjustment shall be such as to provide for no change in the dollar amount of taxes levied from that initially proposed by the taxing authority. (12) The time periods specified in this section shall be determined by using the date of certification of value pursuant to subsection (1) or July 1, whichever date is later, as day 1. The time periods shall be considered directory and may be shortened, provided: (a) No public hearing which is preceded by a mailed notice occurs earlier than 10 days following the mailing of such notice; (b) Any public hearing preceded by a newspaper advertisement is held not less than 2 days or more than 5 days following publication of such advertisement; and (c) The property appraiser coordinates such shortening of time periods and gives written notice to all affected taxing authorities; however, no taxing authority shall be denied its right to the full time periods allowed in this section. (13)(a) Any taxing authority in violation of this section, other than subsection (5), shall be subject to forfeiture of state funds otherwise available to it for the 12 months following a determination of noncompliance by the Department of Revenue. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 11 of 13 (b) Within 30 days of the deadline for certification of compliance required by s. 200.068, the department shall notify any taxing authority in violation of this section, other than subsection (5), that it is subject to paragraph (c). Except for revenues from voted levies or levies imposed pursuant to s. 1011.60(6), the revenues of any taxing authority in violation of this section, other than subsection (5), collected in excess of the rolled -back rate shall be held in escrow until the process required by paragraph (c) is completed and approved by the department. The department shall direct the tax collector to so hold such funds. (c) Any taxing authority so noticed by the department shall repeat the hearing and notice process required by paragraph (2)(d), except that: 1. The advertisement shall appear within 15 days of notice from the department. 2. The advertisement, in addition to meeting the requirements of subsection (3), shall contain the following statement in boldfaced type immediately after the heading: THE PREVIOUS NOTICE PLACED BY THE (name of taxing authority) HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. 3. The millage newly adopted at this hearing shall not be forwarded to the tax collector or property appraiser and may not exceed the rate previously adopted. 4. If the newly adopted millage is less than the amount previously forwarded pursuant to subsection (4), any moneys collected in excess of the new levy shalt be held in reserve until the subsequent fiscal year and shall then be utilized to reduce ad valorem taxes otherwise necessary. (d) If any county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county is in violation of subsection (5), s. 200.185, or s. 200.186 because total county or municipal ad valorem taxes exceeded the maximum total county or municipal ad valorem taxes, respectively, that county or municipality shall forfeit the distribution of local government half -cent sales tax revenues during the 12 months following a determination of noncompliance by the Department of Revenue as described in s. 218.63(3) and this subsection. If the executive director of the Department of Revenue determines that any county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county is in violation of subsection (5), s. 200.185, or s. 200.186, the Department of Revenue and the county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county shall follow the procedures set forth in this paragraph or paragraph (e). During the pendency of any procedure under paragraph (e) or any administrative or judicial action to challenge any action taken under this subsection, the tax collector shall hold in escrow any revenues collected by the noncomplying county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county in excess of the amount allowed by subsection (5), s. 200.185, or s. 200.186, as determined by the executive director. Such revenues shaft be held in escrow until the process required by paragraph (e) is completed and approved by the department. The department shalt direct the tax collector to so hold such funds. If the county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county remedies the noncompliance, any moneys collected in excess of the new levy or in excess of the amount allowed by subsection (5), s. 200.185, or s. 200.186 shall be held in reserve until the subsequent fiscal year and shall then be used to reduce ad valorem taxes otherwise necessary. If the county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county does not remedy the noncompliance, the provisions of s. 218.63 shall apply. http://www.leg.state.fl.us/statutes/index.cfm?App_inode=Display_Statute&Search String—... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 12 of 13 (e) The following procedures shall be followed when the executive director notifies any county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county that he or she has determined that such taxing authority is in violation of subsection (5), s. 200.185, or s. 200.186: 1. Within 30 days after the deadline for certification of compliance required by s. 200.068, the executive director shall notify any such county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county of his or her determination regarding subsection (5), s. 200.185, or s. 200.186 and that such taxing authority is subject to subparagraph 2. 2. Any taxing authority so noticed by the executive director shall repeat the hearing and notice process required by paragraph (2)(d), except that: a. The advertisement shall appear within 15 days after notice from the executive director. b. The advertisement, in addition to meeting the requirements of subsection (3), must contain the following statement in boldfaced type immediately after the heading: THE PREVIOUS NOTICE PLACED BY THE (name of taxing authority) HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. c. The millage newly adopted at such hearing shall not be forwarded to the tax collector or property appraiser and may not exceed the rate previously adopted or the amount allowed by subsection (5), s. 200.185, or s. 200.186. Each taxing authority provided notice pursuant to this paragraph shall recertify compliance with this chapter as provided in this section within 15 days after the adoption of a millage at such hearing. d. The determination of the executive director shall be superseded if the executive director determines that the county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county has remedied the noncompliance. Such noncompliance shall be determined to be remedied if any such taxing authority provided notice by the executive director pursuant to this paragraph adopts a new millage that does not exceed the maximum millage allowed for such taxing authority under paragraph (5)(a), s. 200.185(1)-(5), or s. 200.186(1), or if any such county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county adopts a lower millage sufficient to reduce the total taxes levied such that total taxes levied do not exceed the maximum as provided in paragraph (5)(b), s. 200.185(8), or s. 200.186(3). e. If any such county or municipality, dependent special district of such county or municipality, or municipal service taxing unit of such county has not remedied the noncompliance or recertified compliance with this chapter as provided in this paragraph, and the executive director determines that the noncompliance has not been remedied or compliance has not been recertified, the county or municipality shall forfeit the distribution of local government half -cent sales tax revenues during the 12 months following a determination of noncompliance by the Department of Revenue as described in s. 218.63(2) and (3) and this subsection. f. The determination of the executive director is not subject to chapter 120. (14)(a) If the notice of proposed property taxes mailed to taxpayers under this section contains an error, the property appraiser, in lieu of mailing a corrected notice to all taxpayers, may correct the error by mailing a short form of the notice to those taxpayers affected by the error and its correction. The notice shall be prepared by the property appraiser at the expense of the taxing authority which caused the error or at the property appraiser's expense if he or she caused the error. The form of the notice must be approved by the executive director of the Department of Revenue or the executive director's designee. If the error involves only the date and time of the public hearings required by this section, the property appraiser, with the permission of the taxing authority affected by the error, may http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 13 of 13 correct the error by advertising the corrected information in a newspaper of general circulation in the county as provided in subsection (3). (b) Errors that may be corrected in this manner are: 1. 2. 3. and 4. Incorrect location, time, or date of a public hearing. Incorrect assessed, exempt, or taxable value. Incorrect amount of taxes as reflected in column one, column two, or column three of the notice; Any other error as approved by the executive director of the Department of Revenue or the executive director's designee. (15) The provisions of this section shall apply to all taxing authorities in this state which levy ad valorem taxes, and shall control over any special law which is inconsistent or in conflict with this section, except to the extent the special law expressly exempts a taxing authority from the provisions of this section. This subsection is a clarification of existing law, and in the absence of such express exemption, no past or future budget or levy of taxes shall be set aside upon the ground that the taxing authority failed to comply with any special law prescribing a schedule or procedure for such adoption which is inconsistent or in conflict with the provisions of this section. History.-s. 13, ch. 73-172; s. 16, ch. 74-234; ss. 1, 2, ch. 75-68; s. 19, ch. 76-133; s. 1, ch. 77-102; s. 1, ch. 77-174; s. 1, ch. 78-228; ss. 2, 9, ch. 80-261; s. 25, ch. 80-274; s. 14, ch. 82-154; s. 12, ch. 82-208; ss. 4, 11, 25, 72, 80, ch. 82-226; s. 5, ch. 82-388; s. 2, ch. 82-399; s. 28, ch. 83-204; s. 61, ch. 83-217; s. 2, ch. 84-164; s. 20, ch. 84-356; s. 1, ch. 86-190; s. 12, ch. 86-300; s. 5, ch. 87-284; s. 13, ch. 88-216; s. 2, ch. 88-223; s. 14, ch. 90-241; ss. 136, 165, ch. 91-112; s. 8, ch. 91-295; s. 1, ch. 92-163; ss. 5, 15, ch. 93-132; s. 25, ch. 93-233; s. 1, ch. 93-241; s. 52, ch. 94-232; s. 4, ch. 94-344; s. 41, ch. 94-353; s. 1481, ch. 95-147; s. 2, ch. 95-359; ss. 1, 2, 3, ch. 96-211; s. 1, ch. 98-32; s. 1, ch. 98-53; s. 18, ch. 99-6; s. 11, ch. 2002-18; s. 911, ch. 2002-387; s. 2, ch. 2004-346; s. 3, ch. 2007-194; ss. 2, 33, ch. 2007-321; s. 11, ch. 2008-173; s. 3, ch. 2009-165; s. 29, ch. 2012-193; s. 7, ch. 2012-212. 1Note.-Section 13, ch. 2008-173, provides that: "(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act. "(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 18 months after the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules." Copyright © 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_ Statute&Search String=... 8/21/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: The 2014 Florida Statutes Title XIV Chapter 200 View Entire Chapter TAXATION AND FINANCE DETERMINATION OF MILLAGE 200.081 Millage limitation; municipalities. —No municipality shall levy ad valorem taxes against real property and tangible personal property in excess of 10 mills, except for voted levies. History.—s. 1, ch. 67-396; ss. 1, 2, ch. 69-55; s. 17, ch. 82-154. Note. —Former s. 167.441. Copyright O 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String—... 8/21/2014