- April 24, 2024
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A late insert to state legislature's 2018 tax package put additional restrictions in county and municipality ability to tax the public which could affect Volusia County's intention to put a half-cent tax referendum for infrastructure funding on the November ballot — even if all 16 cities have voted in favor of it.
The county's lobbyists said the issue was the substance of both a House and Senate bill that died in the legislative session, and that it was added to the final 400-page tax bill just before it was voted on by the Senate. The now-law will force cities and counties to conduct an audit by a certified public accounting firm to be posted online for public viewing 60 days before the referendum is on the ballot, and, places the Office of Program Policy Analysis and Government Accountability in charge.
The question for Volusia County lies in the conflicting language of the law, which doesn't specify how it will be implemented nor what OPPAGA's expectations should be regarding the audits.
“So we may have something that’s a bump in the road and we can deal with really easily, or we may have a mountain that we have to scale," Volusia County Manager Jim Dinneen said.
County Council Vice Chair and District 3 Representative Deb Denys said it was a "bad law" and "bad legislation" due to the fact
“We are the losers on this."
Joyce Cusack, Councilwoman At-Large
OPPAGA doesn't have answers for the county, even though the organization was put in charge. She said the law was going to stop home rule and accountability in its tracks.
“There’s no words for language that has no effect, but yet, we have to abide by a law that has nothing in the background,” Denys said.
District 4 Councilwoman Heather Post said it's just politics.
“It is what it is," Post said. "Nothing new that I think that legislature has come out with ridiculous stuff before that were things that certainly can’t be enforced at a local level.”
Effective July 1, the problem is not that it could prevent the county from placing the half-cent sales tax on the ballot, but that OPPAGA is not ready to implement the law, said Dinneen.
District 1 Councilman Pat Patterson said the county should be careful, because to those that oppose the sales tax referendum, it could look like the county is pushing the initiative forward. Councilwoman At-Large Joyce Cusack agreed and added that the council should be mindful that it is likely the same group that implemented the law will be the controlling force that will choose the CPA for the audits.
“We are the losers on this," Cusack said.
She wrapped up by saying she doesn’t have much hope regarding the law since she hasn’t been pleased with any of the reports that come out from anything OPPAGA has been in charge of.
“I think this is not the end of the tunnel," Cusack said. "So I think it would be wise and prudent of us to wait this course to see what will happen.”
