HomeMy WebLinkAbout07-08-2011 Millage and Budget hearingsAndrea Lorenzo-luaces
From: Anthony A. Garganese [agarganese@orlandolaw.net]
Sent: Friday, July 08, 2011 6:47 AM
To: Andrea Lorenzo-luaces
Cc: Kevin Smith; Shawn Boyle; Kim Kopp
Subject: Millage and Budget hearings
Andrea, I am writing with respect to your email to Kim regarding setting up the agenda for this year's millage and
budget hearings. As you noted, the City has, as a matter of practice (not legal requirement), placed the tentative/final
millage resolution and tentative/final budget resolution as the first item of business on the City Commission agenda.
Because these items require a separate public hearing, the City has created two public hearing sections on the agenda
(Part 1 and Part 2) for the formal millage/budget approval process. Part 1 is used for the millage and budget items. Part
2 for the remaining public hearing items to be considered by the city commission.
As I have previously advised on several occasions over the years, this "practice" is legally acceptable so long as the
millage and budget hearings occur after 5 pm. However, this practice is not required and the City can, if it so chooses,
include the millage and budget items in the general public hearing section of the agenda along with the other public
hearing items.
Notwithstanding, regardless of the manner in which the agenda is set up, the first item for the City Commission to
discuss is the millage item. Section 200.065, Florida Statutes, provides:
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 shall 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
Fla. Stat. Ann. § 200.065 (West)
I can also add from my 12 years of institutional knowledge, that the City's long standing practice emanated out of a
misinterpretation of the aforementioned section to mean that the "first item on the agenda" must be the millage and
budget items. That is not the case. In any event, because of the importance of the millage and budget items to the
citizens and the requirement for public hearings, the City Commission has thoughtfully, as a matter of practice, placed
the items first on the agenda as a courtesy to residents who attend the meeting for the sole purpose of addressing the
millage and budget items.
It is the City Manager's and City Commission's policy call as to whether or not this practice should be changed.
I trust this email addresses your inquiry and provides some additional insight on the practice.
Regards,
Anthony