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Stew Lilker’s

Columbia County Observer

Real news from Florida for working families since 2007

County News: Fort White

Fort White: Budget Approval Issues – Just When You Thought They Turned the Corner – They Didn't


Fort White Town Council at emergency meeting to approve a budget resolution they failed to do the day before.

FORT WHITE, FL – Budget approval problems are the latest problem affecting the Fort White Town Council. Adhering to Florida statutes, publishing and posting the notice of the budget hearing, advertising the hearing, and following the law are the latest issues facing this hamlet of about 630 residents, which had to meet in Emergency Session on September 30 to approve its budget again.

The Town did't get that right, either.

The Fort White Budget Cycle

Town Bulletin Board sans Emergency Meeting Notice
The Town failed to post its Sept. 30 Emergeny Meeting notice on the Town Bulletin Board – ignoring the opinions of the state attorney general and just plain common sense.

Over the past five years, Fort White has held two meetings concerning its forthcoming budget: one to introduce the tentative budget to the Council and the public, discuss it, and make any necessary changes; and one to finalize these changes and approve the budget. The budget must, according to Florida law, be approved by resolution (or ordinance). In most places, this is not an issue. However, in Fort White, lately, everything is an issue.

The Town Budget is approved in September. This year, the Town included on its September 15 agenda the word “budget,” with no other additional information. Neither the public nor the Council would know what “budget” this was, e.g., was it the tentative budget, the final budget, or some other budget? It turned out it was the budget for the upcoming fiscal year (2025-2026). A resolution to approve the budget was included. The resolution was premature, as the budget is approved after its second presentation by resolution. The resolution also had the same number as the resolution approved in 2023, from which it originated.

The practice of the political subdivisions in Columbia County (Lake City, Lake Shore Hospital Authority, and the County) is to include the budget amount in the resolution approving their budgets. While this is not mandatory, it is considered a good practice to avoid future confusion regarding budget amounts when budgets are amended. Fort White does not do that.

September 15 Council Meeting: the first time the Council sees the "budget." Confusion and More

On the Town’s September 15 agenda was the word “budget,” without any further explanation. In the agenda, supporting information (the agenda packet) was the "proposed" FY 2025-2026 budget and a resolution approving the budget. This was the resolution (with the same number) from 2023, with the fiscal year updated.

Why did the Town Clerk use as an example a reso from 2023 and not 2024?

Answer: There is no Fort White resolution to be found in the agenda material for 2024, even though it is mentioned as approved in the Sept. 16, 2024, minutes.
Why did the Town Clerk include a reso to approve the budget at the first budget reading [hearing]?

Answer: Inexperience by both the Clerk and everybody else.

The Town’s new Town Attorney, Rhett Bullard, tried to help out. He said, “A lot of times, you have a budget workshop. You have two, generally. The Clerk will present you with a budget.... We are now essentially at your first budget hearing, where you all are receiving this information for essentially the first time... It kind of puts us here to sort of do it on the fly."

After some discussion about the caboose at the Town Train Depot and workers’ salaries, Councilman Bill Koon said, “What is the meeting in two weeks? I thought it was about this budget. I didn't think we were doing this tonight.”

Mayor Thomas explained, “It's gotta have two readings. It should have two readings. I think we've got to do two readings per the charter.”

The charter does not require two budget readings. Because the Town opted out of levying ad valorem (property) taxes, it follows a significantly simpler budget adoption process than one that does.
The Town must still comply with general public meeting and budget laws under Chapter 166, F.S. (Municipal Home Rule Powers Act) and the Government-in-the-Sunshine Law (Chapter 286, F.S.).
The Town's annual budget must be adopted through a transparent and public process.
Budget hearings must be advertised and publicly noticed.
The Town Manager proposes a budget; the Council reviews the budget; it makes changes; the budget is presented again; it can be changed; the budget must be approved by a resolution that includes the budget annexed (attached) to it.

Attorney Rhett Bullard
Fort White Town Attorney Rhett Bullard came up with an interesting way to convene a public hearing. (file photo)

Town Attorney Bullard advised the Council: “You can like open up the public hearing to allow public comments... The 29th is the second budget hearing. But when you have your first budget hearing, the reason that you're having two hearings is you have an opportunity for the public to speak on the budget... what you're essentially doing right now is sort of a budget workshop… You have to give the public an opportunity to comment at the budget hearings.”

Attorney Bullard explained, “I gave Kelly (the Clerk) a cheat sheet last week when she contacted me about how to do the budgeting. I felt like that would help her. I didn't know how inexperienced your staff was… She had never done it before.”

The Mayor made a motion to “table the budget till September 26 at 2 pm.”

Attorney Bullard opined, “So you're having your first budget hearing right now. You should open up a public hearing, inviting the public to comment on what you do. That gives the public the opportunity. And close the public hearing. Does anybody want to speak from the public?”

One person spoke at the instantaneous, unnoticed public hearing.” No one on the Council objected to the “instantaneous hearing.”

Attorney Bullard explained that if no one else wished to make a public comment at the hearing, the Council could close the hearing. Attorney Bullard said, “Now you've had your public hearing."

The public hearing was closed – with no notice – no advertisement – no nothing.

September 29, 2025: The Council Meets to Approve the Budget

Councilwoman Monica Merricks during the budget approval meeting on Sept. 29.
Councilwoman Monica Merricks during the budget approval meeting on Sept. 29.

On September 29, at 6 pm, the Council met to approve the budget. There was discussion, and some changes were made. The Council voted to approve the budget. Mayor Thomas said the Clerk would make the changes.

The budget needed to be approved by resolution, with it attached to the resolution.

There was no resolution. No one said a word, including the Town Attorney.

September 30, 2025: Emergency Meeting to approve the budget by resolution.

On the morning of September 30, your reporter notified the Town and the Town Attorney that the previous evening, the Council had not passed the statutorily required resolution to adopt the budget. The legal deadline for passing municipal budgets in Florida is the last day in September.

The Clerk posted on the Town's agenda page that a Town Council Emergency Meeting would be held on September 30, 2025, at 11:00 AM. Your reporter drove down to Town Hall and was told the meeting had been changed to 3 pm. There was no emergency meeting notice in the special place for meeting notices outside Town Hall.

At 3 pm, your reporter drove back to Town Hall for the second meeting. There was still no Emergency Meeting posted on Town Hall.

Town Attorney Rhett Bullard did not attend the meeting virtually or in person. In most places, the attorney's presence would not be necessary for the ministerial task of passing a resolution with the budget attached.

In Fort White, this turned out to be problematic.

The resolution specifically stated:

“the attached proposed budget was presented, reviewed, discussed and amended in a public meeting,” and that statement is “true and accurate.” (emphasis added by the Observer)

There was no budget attached to the resolution.

Mayor Thomas made the motion to approve the 2025/26 budget: “I make a motion to approve the resolution, which lays out the budget for fiscal year 2025-2026; pending the administrative corrections to include the correct numbering up top. [The Town had the resolution number from 2023]. Is there a second?” There was.

Mayor Thomas, in a clear violation of the Sunshine Law, did not allow public comment before the resolution was voted upon.

After the vote, Mayor Thomas explained that he had seen budget resolutions: “You're passing the budget, and then the budget is right behind it, and it has all the amounts. That’s how I have seen it.”

Councilwoman Terry inquired, “I have a question. Are you like, within today's business time, relaying this to Rhett Bullard? Because if he's not in sync with what we've done, we'll, we'll come back”

Mayor Thomas answered, “Yes, I can. He told me just to pass the resolution.”

Epilogue

It is unknown if the Town Attorney told the Mayor to read the resolution.

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