Submitted By: Emory Roberts
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Presentation By: Tammi Haslam
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Department: Budget
STAFF RECOMMENDATION (Motion Ready):
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Adopt Budget Resolution 2022-150 amending the Fiscal Year 2021-2022 budget to transfer funds from the General Fund Reserve for Contingencies to cover expenditures incurred as a result of legal notices totaling $55,029
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OCALA'S RELEVANT STRATEGIC GOALS:
Fiscally Sustainable
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
On February 20, 2014, Class Representatives filed a class action lawsuit against the City challenging the City's Fire Fee as an unconstitutional tax imposed in violation of Article VII, Section 1(a) of the Florida Constitution. Class Representatives requested the trial court declare the Fire Fee unlawful and order class wide refunds to the greatest extent permitted under law.
On June 19, 2020, the Fifth District Court of Appeals (DCA), in a 14-page appellate decision, reversed the trial court and ruled the City's Fire Fee was an unconstitutional tax. On October 11, 2021, the Court held a hearing on Class Representatives' Motion to Compel the City to Fund the Common Fund. The Court found the Fifth DCA's mandate was the final judgment in the case, the Fifth DCA had resolved all legal issues and properly considered and disposed of all the City's defenses. The Court granted Class Representatives' motion, determined the City had collected $79,282,909.44 in illegal taxes from class members since February 20, 2010, and ordered the City to deposit the illegal taxes into a separate fund (the "Common Fund") within sixty (60) days to be disbursed upon further order of the Court.
The Court reserved jurisdiction regarding all remaining aspects concerning management
of this class action, including disbursement of the Common Fund and payment of refunds, class
representative service awards, attorneys' fees, and costs.
Additionally, the Court ordered all class members be notified, at City expense, within 30 days a...
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