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Fort Lauderdale pulls proposal to create dependent special district amid questions about referendum requirement

2219560 · January 30, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

City staff removed a first-reading ordinance to create a dependent special district after review showed the state constitution may require a public referendum to levy ad valorem taxes; commissioners urged extensive public education before proceeding.

The Fort Lauderdale City Commission removed from its Feb. 4 agenda a first-reading ordinance that would have created a dependent special district to fund additional fire-rescue staffing and facilities, after staff and legal review raised questions about whether levying ad valorem taxes for such a district would require a public referendum under the state constitution.

City Attorney’s office staff told the commission that many county-created districts have been established under county statutes and processes that differ from municipal approaches, and that constitutional provisions could require a vote of the district’s freeholders to set millage. Because of those legal nuances, staff recommended pulling the item to do more research and to ensure the process is correct.

Why it matters: Creating a taxing district would affect property tax bills and the city’s long-term fiscal planning. Commissioners said the public response to early media coverage showed significant misunderstanding about the proposal’s purpose and timing, underscoring the need for broader public education and consideration of a referendum if the measure moves forward.

What commissioners said: Commissioner John C. Herbst and others said residents called with concerns that the district would add a large, immediate tax increase. Herbst recommended a referendum and emphasized educating residents about offsets and timing. Mayor Dean Trantelis and Vice Mayor Steve Glassman said the city should improve legal review and public outreach; Dwayne Spence of the city attorney’s office said staff would research statutory nuances and report back.

Outcome and next steps: The item was taken off the agenda to allow legal research and additional public engagement. Commissioners and staff said they are not advancing any tax levy at this time for the 2026 budget year and that a referendum remains an option if the commission chooses to proceed in the future.

Quotes: “I think we have a huge gap in terms of educating the public about what this is,” Commissioner Herbst said. “If we're gonna do something this dramatic, I think a referendum ... is the way to go.” City staff told the commission the state constitution’s language suggests that special districts may require approval by the district’s freeholders if ad valorem taxes are to be levied.

Background: The draft ordinance would have created a dependent special district to provide a funding mechanism for fire-rescue staffing and station construction the city discussed in recent budget planning. Public reaction to early reporting and outreach prompted multiple commissioners to ask for slower, clearer public engagement and for staff to confirm legal requirements before returning the proposal.

Ending: The commission left open the option of returning the idea—possibly as a referendum measure—after staff provides a legal analysis and the commission decides on a public-education plan.