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Resolution No. 2023-050Rd= CITY OF CLERMONT C�ER RESOLUTION NO.2023-05OR A RESOLUTION OF THE CITY OF CLERMONT OF LAKE COUNTY, FLORIDA, RE -ADOPTING AND AFFIRMING THE FINAL BUDGET FOR THE FISCAL YEAR 2023-2024; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Clermont of Lake County, Florida, on September 20, 2023, held a public hearing as required by Florida Statute 200.065; and WHEREAS, the City of Clermont of Lake County, Florida, set forth the appropriations and revenue estimates for the Budget Summary for Fiscal Year 2023-2024 in the amount of $203,439,730 included in Exhibit A, attached hereto; and; WHEREAS, by Notice Dated November 15, 2023, the City was notified by the Florida Department of Revenue that the advertised notice for the above -stated public hearing was in violation of the notice requirements as provided by law due to an understatement of the ad valorem tax revenue to be received by the City; and WHEREAS, the understatement resulted from inadvertent miscalculation due to tax revenue related to the Community Redevelopment Agency not being included; and WHEREAS, by State law, the City can correct the inadvertent violation of law by readopting the Final Levy of Ad Valorem Taxes for fiscal year 2023-2024; and WHEREAS, by virtue of the required re -adoption of the Final Levy of Ad Valorem taxes, it is necessary that the Fiscal Year 2023-2024budget be readopted and affirmed; and WHEREAS, the City of Clermont of Lake County, Florida on November 28, 2023 held a public hearing advertised and published as provided by law in accordance with the above referenced November 15, 2023 Notice. NOW, THEREFORE, BE IT RESOLVED, by the City of Clermont of Lake County, Florida, that: 1. The above -stated whereas clauses are found to be true and correct and adopted herein by reference. 2. Resolution 2023-037R previously approved by the Clermont City Council on September 20, 2023 is affirmed and readopted approving and adopting the Fiscal Year 2023-2024 Final Budget.. d, CIE CITY OF CLERMONT �„ �« RESOLUTION NO.2023-05OR 3. This resolution shall take effect immediately upon its adoption adoption and shall be effective nunc pro tunc. ._.,DULY ADOPTED at a public hearing this 28 h day of November 2023. .y� " • ... `: fix ��- r. � t y , ATTEST: CITY OF CLERMONT Tim Murry, ayor Tracy Ackroyd Lowe, MMC City Clerk ;gality: attorney EXHIBITA BUDGET SUMMARY CITY OF CLERMONT, FLORIDA FISCAL YEAR 2023-2024 THE PROPOSED OPERATING BUDGET EXPENDITURES OF THE CITY OF CLERMONT, FLORIDA ARE 1.0% LOWER THAN LAST YEAR'S TOTAL OPERATING EXPENDITURES (S.200.065(3)(1), F.S.) General Fund Millage per $1000 CLASSIFICATION ESTIMATED REVENUES Ad Valorem Taxes Other Taxes Licenses, Permits & Fees Intergovernmental Charges For Services Fines & Forfeitures Miscellaneous Interfund Transfers ESTIMATED REVENUES NON -REVENUES Beginning Reserves NON -REVENUES TOTAL REVENUES & RESERVES EXPENDITURES General Government Public Safety Physical Environment Transportation/Public Works Economic Environment Human Services Culture & Recreation Interfund Transfers EXPENDITURES 5.0600 General Fund Special Debt Service Capital Projects Enterprise Internal Service Total Budget Revenue Funds Fund Fund Funds Fund $ 23,525,240 $ - $ $ $ $ $ 23,525,240 $ 6,895,000 $ 5,200,000 $ $ $ $ - $ 12,095,000 $ 4,361,000 $ 10,674,738 $ $ $ 10,087,014 $ $ 25,122,752 $ 6,195,200 $ - $ $ $ 1,250,000 $ $ 7,445,200 $ 3,109,437 $ 4,200 $ $ $ 29,733,227 $ 8,420,981 $ 41,267,845 $ 65,000 $ - $ $ $ - $ - $ 65,000 $ 988,125 $ 159,000 $ 750 $ 10,00 $ 456,000 $ 191,000 $ 1,804,875 $ 2,275,000 $ - $ 3,205,606 $ - $ 331,319 $ 125,000 $ 5,936,925 $ 47,414,002 $ 16,037,938 $ 3,206,356 $ 10,000 $ 41,857,560 $ 8,736,981 $ 117,262,837 $ 15,514,317 $ 17,174,564 $ 1,888,677 $ 4,315,236 $ 44,603,513 $ 2,680,586 $ 86,176,892 $ 15,514,317 $ 17,174,564 $ 1,888,677 $ 4,315,236 $ 44,603,513 $ 2,680,586 $ 86,176,892 $ 62,928,319 $ 33,212,502 $ 5,095,033 $ 4,325,236 $ 86,461,073 $ 11,417,567 $ 203,439,730 $ 5,861,485 $ - $ 2,805,669 $ - $ - $ 7,386,505 $ 16,053,659 $ 29,375,924 $ 4,211,858 $ - $ 236,000 $ - $ - $ 33,823,782 $ $ - $ 56,464,895 $ - $ 56,464,895 $ 5,588,769 $ 1,428,571 $ $ - $ - $ - $ 7,017,340 $ 120,000 $ $ $ $ - $ 120,000 $ 1,253,962 $ - $ $ $ - $ $ 1,253,962 $ 4,561,520 $ 2,877,000 $ $ $ $ $ 7,438,520 $ 949,970 $ 2,589,104 $ - $ $ 3,206,319 $ - $ 6,745,393 $ 47,711,630 $ 11,106,533 $ 2,805,669 $ 236,000 $ 59,671,214 $ 7,386,505 $ 128,917,551 RESERVES Ending Reserves $ 15,216,689 $ 22,105,969 $ 2,289,364 $ 4,089,236 $ 26,789,859 $ 4,031,062 $ 74,522,179 RESERVES $ 15,216,689 $ 22,105,969 $ 2,289,364 $ 4,089,236 $ 26,789,859 $ 4,031,062 $ 74,522,179 TOTAL EXPENDITURES & RESERVES $ 62,928,319 $ 33,212,502 $ 5,095,033 $ 4,325,236 $ 86,461,073 $ 11,417,567 $ 203,439,730 THE TENTATIVE, ADOPTED, AND/OR FINAL BUDGETS ARE ON FILE IN THE OFFICE OF THE ABOVE MENTIONED TAXING AUTHORITY AS A PUBLIC RECORD. Florida Department of Revenue Property Tax Oversight 0 FLORIDA 5050 West Tennessee Street, Tallahassee, FL 32399 November 15, 2023 Brian M. Bulthuis, City Manager City of Clermont 685 West Montrose Street Clermont, FL 34711 Re: Truth in Millage (TRIM) Certification Dear Mr. Bulthuis: Jim Zingale Executive Director Floridarevenue.com The Department of Revenue (Department) has reviewed the millage certification documents submitted by your taxing authority under sections 200.065 and 200.068, Florida Statutes (F.S.). The following errors are violations of the Truth in Millage (TRIM) law. Your taxing authority must correct the errors immediately or be subject to the loss of revenue sharing and ad valorem revenues from millage in excess of the rolled -back rate. FINDINGS OF FACT The ad valorem proceeds in the Budget Summary advertisement were calculated using less than 95 percent of the gross taxable value, as required by s. 200.065(2)(a)l, F.S. The ad valorem proceeds were understated by approximately $333,468 or 1.4 percent (see attached copy for correct calculations). CONCLUSIONS OF LAW Section 200.065(2)a)1, F.S., requires each taxing authority, in calculating the millage, to use not less than 95 percent of taxable value the property appraiser certified. This is 95 percent of the gross taxable value appearing on line 4 of Form DR-420. The taxing authority must apply the millage to at least 95 percent of actual proceeds. Use of less than 95 percent of the gross taxable value constitutes non- compliance with ss. 200.065(2)(a)l and (3)(1), F.S., as well as Rule 12D-17.005 (2)(c)3., F.A.C. OPPORTUNITY TO REMEDY The law provides the taxing authority the opportunity to correct these violations by readvertising, holding a rehearing and recertifying compliance under s. 200.065(13), F.S. Within 15 days of receipt of this notice, the taxing authority must post the Notice of Proposed Tax Increase (with applicable violation clause) and Budget Summary advertisements. Brian M. Bulthuis, City Manager November 15, 2023 Florida Department of Revenue Page 2 Section 200.065(13)(b) and (c), F.S., establishes the requirements stated in this letter. Section 200.065(12), F.S., requires the taxing authority to hold a new millage and budget hearing two to five days following publication of the advertisement. After advertising and holding the new final hearing, please forward the following to the Property Tax Oversight TRIM office: • Copies of the advertisements (full page from newspaper) with proofs of publication • A copy of the resolution/ordinance adopting the millage • A copy of the resolution/ordinance adopting the budget; and • Certification of Compliance (Form DR-487) By copy of this notice, the Department is notifying and directing the tax collector to withhold ad valorem tax revenue collected in excess of the rolled -back rate until the taxing authority meets the requirements of law. By copy of this notice, the Department is notifying the Refunds and Revenue Distribution process of the General Tax Administration program to proceed under ss. 200.065(13)(a), 218.23(1), and 218.63(2), F.S., and Chapter 12D -10, Florida Administrative Code, to withhold revenue sharing funds until the taxing authority corrects its noncompliance or, if not corrected, for 12 months following the Department's determination of noncompliance. If the taxing authority does not correct its noncompliance, the Department will deposit the withheld funds into the General Revenue Fund. If the taxing authority fails to correct these violations in the manner described in s. 200.065(13), F.S., and does not recertify compliance to the Department after readvertising and holding the rehearings, the taxing authority will forfeit its state revenue sharing funds and ad valorem proceeds in excess of the rolled -back rate. If the taxing authority recertifies compliance and the Department determines the recertification is not in compliance with s. 200.065, F.S., the same consequences will occur. This determination applies only to the TRIM certification requirements. The Department will send a determination regarding the maximum millage levy requirements of s. 200.065(5), F.S., in a separate notice. If the taxing authority believes the certification submitted does not support the Department's determination, please consider the following notice. NOTICE OF RIGHTS You may have the right to seek an administrative determination of the facts in this matter under chapter 120, F.S., by filing a petition for administrative hearing with the Department's clerk in the Office of General Counsel, Post Office Box 6668, Tallahassee, Florida 32314- 6668. Any such petition must meet the requirements of ch. 28-106, Florida Administrative Code, and should be filed, and received, within 15 days from receipt of this notice. Such administrative tribunal has no equitable or injunctive powers under Florida Law. Under section 200.065, F.S., mediation is not available in any administrative dispute of the type of agency action announced in this notice. Brian M. Bulthuis, City Manager November 15, 2023 Florida Department of Revenue Page 3 If you proceed with the administrative determination and are unsuccessful and you do not correct the noncompliance as outlined in this notice, your ability to levy ad valorem taxes, based on the violations stated in this letter, will be seriously in question. You may also have the right to adjudicate this matter before a circuit court under ch. 86, F.S., and applicable Florida law. You have the right to seek judicial review of this order as provided in section 120.68, F.S., by the filing of a Notice of Appeal as provided in Rule 9.110, Florida Rules of Appellate Procedure, with the Department's clerk in the Office of General Counsel, Post Office Box 6668, Tallahassee, Florida 32314-6668 and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. This Notice of Appeal must be filed within 30 days from the date of this order. If you have any questions, please contact Wyatt Peters at (850) 617-8921. Sincerely, Rene Lewis, Program Director Property Tax Oversight cc: Honorable David W. Jordan Lake County Tax Collector Andrea Hunter, Revenue Program Administrator Florida Department of Revenue Refunds and Revenue Accounting GS/#45.07