ADMINISTRATION COMMISSION
AGENDA

December 11, 2002

1. Request approval of the minutes for the meeting held October 22, 2002.

2. Consideration of Petitions for Appeal of the Department of Revenue’s Approval of the Duval County Property Appraiser’s Budget for Fiscal Years 2001-2002 and 2002-2003. Consideration of the Duval County Property Appraiser’s Amended Motion to Dismiss the Petition for Appeal Relating to the Property Appraiser’s Fiscal Year 2001-2002 Budget. (AC Case Nos. PAB-01-001 and PAB-02-001).

Pursuant to section 195.087, Florida Statutes, on or before June 1 of each year, every property appraiser is required to submit a budget to the Department of Revenue for the operation of the property appraiser’s office for the ensuing fiscal year. The Department is to review the budget request and may amend or change the request in order that the budget is neither inadequate nor excessive. The Department is required to notify the property appraiser and the board of county commissioners of its tentative budget amendments and changes and receive additional information or testimony from the property appraiser and the board of county commissioners in response. The Department makes final budget amendments or changes to the budget, providing notice to the property appraiser and board of county commissioners. The Administration Commission may hear appeals from the final action of the Department of Revenue upon a written request filed by the property appraiser or the presiding officer of the county commission. The Administration Commission may amend the budget if it finds that any aspect of the budget is unreasonable in light of the workload of the office of the property appraiser.

On October 10, 2001, the City of Jacksonville filed an appeal of the Department of Revenue’s approval of the Duval County Property Appraiser’s Fiscal Year 2001-2002 budget. (The petition was later supplemented with an appeal of the Department of Revenue’s release of funds relating to the budget.) The City requests the Administration Commission strike a portion of the property appraiser’s 2001-2002 budget in the non-operating category “EDP Contract Reserve” in the amount of $1,418,882. This line item funds contracted computer services. The City of Jacksonville alleges that said amount is excessive and unreasonable as the contract to purchase a new computer system violated state contracting standards and Jacksonville’s Charter and Ordinance Code. The City found that the budget, minus the line item, funds the services necessary for the workload of the property appraiser’s office.

The Administration Commission noticed its intent to forward the proceeding to the Division of Administrative Hearings (DOAH) for assignment of an administrative law judge and further proceedings on November 2, 2001. On November 19, 2001, the City of Jacksonville filed a motion for consideration by the Administration Commission in lieu of forwarding to the DOAH. The Property Appraiser’s Office filed a motion to dismiss and a response to the motion for consideration on November 27, 2001. The City responded to the motion to dismiss on December 10, 2001. The Duval County Property Appraiser’s Office amended its motion to dismiss on January 15, 2002, and the City filed a response in opposition on January 18, 2002.

For a period of time, settlement discussions occurred without success, and on April 4, 2002, the parties jointly requested that the appeal be scheduled for consideration by the Administration Commission.

The Commission issued a Notice to Show Cause why the appeal should not be dismissed for being outside the Commission’s jurisdiction on June 4, 2002. The City responded on July 2, 2002, and the Duval County Property Appraiser’s Office replied on July 31, 2002.

On October 9, 2002, the City of Jacksonville filed an appeal of the Department of Revenue’s approval of the Duval County Property Appraiser’s 2002-2003 budget. Again, the City requests the Administration Commission strike a portion of the 2002-2003 budget in the amount of $1,518,094. This particular line item funds the same computer services that were requested in fiscal year 2001-2002 at an increased amount. The City alleges the inclusion of this line item is both excessive and unreasonable, and again alleges that the property appraiser’s office failed to comply with the competitive procurement process and violated the City’s Charter and Ordinance Code. The Duval County Property Appraiser responded to the petition for appeal on October 30, 2002.

Recommendation:

Authorize the Secretary to enter the Draft Final Order consolidating the two appeals, denying Respondents’ amended motion to dismiss, and deleting the disputed line item for computer services.

Back-Up:

AC Case No. PAB-01-001

City of Jacksonville’s appeal of the Department of Revenue’s approval of the Duval County Property Appraiser’s Fiscal Year 2001-2002 budget filed on October 10, 2001.

Duval County Property Appraiser’s motion to dismiss received on November 1, 2001.

Duval County Property Appraiser’s motion to withdraw motion to dismiss received on November 2, 2001.

Administration Commission’s order granting motion to withdraw issued November 2, 2001.

Administration Commission’s notice of forwarding appeal to the Division of Administrative Hearings issued November 2, 2001.

City of Jacksonville’s motion for consideration of appeal received on November 19, 2001.

Duval County Property Appraiser’s motion to dismiss/response to motion for consideration by Administration Commission received on November 27, 2001.

City of Jacksonville’s response to Duval County Property Appraiser’s motion to dismiss received on December 10, 2001.

Duval County Property Appraiser’s amended motion to dismiss received on January 15, 2002.

City of Jacksonville’s response in opposition to amended motion to dismiss received on January 18, 2002.

Joint request for hearing received on April 4, 2002.

Department of Revenue’s letter to Duval County Property Appraiser dated May 15, 2002.

Department of Revenue’s letter to Duval County Property Appraiser dated May 20, 2002.

City of Jacksonville’s appeal of the Department of Revenue’s May 15, 2002, decision to release funding from contingency into operating portion of the budget received on May 20, 2002.

City of Jacksonville’s supplement to petition for appeal received on May 31, 2002.

Administration Commission’s notice to show cause issued on June 4, 2002.

City of Jacksonville’s response to notice to show cause received on July 2, 2002.

Duval County Property Appraiser’s notice of filing affidavit received on July 12, 2002.

Duval County Property Appraiser’s reply to City of Jacksonville’s response to the notice to show cause received on July 31, 2002.

AC Case No. PAB-02-001

City of Jacksonville’s appeal of the Department of Revenue’s approval of the Duval County Property Appraiser’s fiscal year 2002-2003 budget filed on October 9, 2002.

Duval County Property Appraiser’s Response to appeal received on October 30, 2002.

Draft Final Order.