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Home My WebLink AboutItem T06 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District I James K. Scholl,District 3 - Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: T6 26-32263 BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado AGENDA ITEM WORDING: Discussion of statutory limitations of using public funds to educate the citizens on prospective ballot initiatives. ITEM BACKGROUND: With the impending ballot initiative on Florida tax reform, it's important to understand the statutory limitations placed on government agencies and officials as they relate to educating the public, while not advocating for a position. The county attorneys office will present a summary of this law and its directives. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: DOCUMENTATION: Property Tax Ballot Dos and Donts Draft- Revised June 2 2026 Final.docx FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Property Tax Ballot Does and Don'ts What is prohibited under state law? Section 106.113, Florida Statutes, prohibits counties from using public funds for (1) political advertisements or(2) any other communication sent to electors concerning an issue, referendum, or amendment, including any state question, that is subject to a vote of the electors ("ballot question"). How are"public funds"defined? All moneys under the jurisdiction or control of the county. When does a measure become a ballot question? Proposed amendments to the Florida Constitution become ballot questions when the Florida Department of State assigns a ballot number. What is ALWAYS PROHIBITED? • A paid political advertisement that expressly advocates the approval or rejection of an issue and that is published or broadcast in any communications medium that is paid for using public funds. • "Political e ed fur in se orida Statutes. What is ALWAYS ERMIS B way er sib publi unds for: • Reporting off ac ns o e my er g body in a ccu rate, fair, and impartial • Posting factual information on a government website or in printed materials. • Hosting and providing factual information at a public forum. • Providing factual information in response to an inquiry. Additionally, • Elected officials may express their opinions at anytime through speeches and written materials published in newspapers or other media and in response to questions at meetings, provided no public funds are used to send those opinions directly to residents after the issue has become a ballot question or used to transform those opinions into political advertisements. • Staff may participate in advocacy during non-working hours and with their own resources. What is permissible BEFORE a proposal becomes a ballot question? Counties may expend funds to educate residents with property tax facts via publication on a countywebsite or sent to voters. Activities may include performing research and analysis needed to understand potential tax revenue changes and impacts. Counties may also identify services and programs funded by property tax revenues; how the revenues are derived, budgeted, and used; and which services or programs are forecast to be reduced or lost if tax revenues are eliminated.Advocacy, i.e., advocacy to"vote for"or"vote against" proposals are always prohibited and must be avoided; instead, focus should be on verifiable, factual information. What is prohibited AFTER a proposal becomes a ballot question? Counties may not use public funds to send any communication to voters about the ballot question, even if factual. How are violations of section 106.113, Florida Statutes, enforced? The Florida Elections Commission ("FEC") adjudicates alleged complaints of violations. Any person can file an administrative complaint with the FEC, provided the complaint is sworn and based on personal information. What are the penalties for violation section 106.113, Florida Statutes? Violations may result in fines up to$2,500 per count, with higher penalties for repeated offenses. Penalties may be mitigated if the county demonstrates good faith efforts to comply with the statute. BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE ! Mayor Michelle Lincoln,District 2 The Florida Keys m Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: {{section.number}}{{item.number}} 26-32263 BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado AGENDA ITEM WORDING: Discussion of statutory limitations of using public funds to educate the citizens on prospective ballot initiatives. TIME APPROXIMATE 10:00 A.M. ITEM BACKGROUND: With the impending ballot initiative on Florida tax reform, it's important to understand the statutory limitations placed on government agencies and officials as they relate to educating the public, while not advocating for a position. The county attorneys office will present a summary of this law and its directives. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: DOCUMENTATION: Property Tax Ballot Dos and Donts Draft- Revised June 2 2026 Final.docx FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: