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Board seeks legal and legislative options after tax collector withholds $5.5 million in referendum funds
Summary
The district reported the Broward County Tax Collector withheld about $5.5 million in referendum funds, citing statutory authority; the board asked general counsel, the auditor and lobbyists to pursue legal analysis, potential litigation and legislative fixes to recover funds and prevent recurrence.
Broward County School Board members and staff spent a large portion of their Feb. 17 workshop addressing a dispute with the Broward County Tax Collector after the collector withheld roughly $5.5 million from referendum distributions.
Superintendent Nora Hepburn and Chief of Staff John Sullivan described conversations with the tax collector, who told district officials she relied on a statutory provision to withhold the funds. Board members said the withholding came as an unexpected but serious blow given current budget pressures.
Board members requested a rapid legal assessment from the district’s general counsel on options to recover the withheld money, including whether the tax collector’s action was discretionary or compelled by statute and what pre‑litigation steps or statutory preconditions would be required. General Counsel Kathleen Jacques Adams told the board she would prepare a written legal opinion and that, depending on legal thresholds, the auditor and outside counsel may be engaged.
Several board members also asked the district’s lobbyists to pursue a legislative remedy if the statute is ambiguous or provides the tax collector broad discretion; the board authorized staff to coordinate with affected municipalities and legislative contacts. The superintendent and chief of staff reported related conversations in Tallahassee and said the district will pursue multiple avenues — legal, fiscal and legislative — to recoup funds and prevent similar withholdings in the future.
Board members emphasized speed given the district’s precarious financial position and requested a written legal analysis and a status update by the end of the week. Some members said they expected an aggressive posture, including potential litigation if legal counsel finds a pathway to file suit.
Next steps: general counsel to provide legal options and required pre‑suit steps by Friday; auditor to assist with documentary evidence and a point person will be identified to coordinate any referral to the inspector general or other investigatory bodies.
