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File #: BR-2022-130   
Type: Budget Resolution Status: Agenda Ready
File created: 1/26/2022 In control: City Council
On agenda: 2/15/2022 Final action:
Title: Adopt Budget Resolution 2022-130 amending the Fiscal Year 2021-2022 budget to appropriate funds from the General Fund Reserve for Contingencies to cover expenditures incurred as a result of a judgment for taxable cost in the amount of $67,472
Attachments: 1. Taxable Cost Judgement Jan 2022 - Budget RESO Backup
Date Action ByMotionResultAction DetailsMeeting DetailsVideo
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Submitted By: Peter Brill
presenter
Presentation By: Tammi Haslam
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Department: Finance

STAFF RECOMMENDATION (Motion Ready):
title
Adopt Budget Resolution 2022-130 amending the Fiscal Year 2021-2022 budget to appropriate funds from the General Fund Reserve for Contingencies to cover expenditures incurred as a result of a judgment for taxable cost in the amount of $67,472
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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 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.

This 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.

Class Counsel advanced costs and expenses to bring this case to a successful conclusion. Florida law provides that "[t]he party recovering judgm...

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