Chapter 112 - CLAIMS BY AND AGAINST CITY

Sec. 111.940. - Affordable Housing Special Revenue Fund. Chapter 113 - GIFTS TO CITY Chapter 112 - CLAIMS BY AND AGAINST CITY[1]

Footnotes: --- (1) ---

State Law reference— Suits against the State, Fla. Const. Art. X, § 13; limitations of actions, F.S. Ch. 95; waiver of sovereign immunity in tort actions, F.S. § 768.28.

PART 1. - COLLECTION OF DELINQUENT BILLS OR COURT-RELATED FINANCIAL OBLIGATIONS

Sec. 112.101. - Definitions.

For the purposes of this Chapter:

(a)

Bill means a written statement for any moneys due or claimed to be due to the City.

(b)

Court-related financial obligation means any fine, court cost, fee, civil penalty or other obligation imposed by the Circuit or County Court which remains unpaid at the time collection efforts are instituted.

(c)

Responsible billing official means the person or persons designated by the Director of Finance and Administration or the originating department to handle the billing process.

(d)

Revenue Manager means the person or persons designated by the Director of Finance and Administration to handle the accounts receivable of the City.

(e)

An undisputed bill or claim means a bill or claim held against parties who are solvent and responsible and where no controversy exists in regards to the validity and binding effect of the indebtedness.

(f)

A disputed bill or claim means a bill or claim held against parties who are insolvent, or where controversy exists in regards to the validity and binding effect of the indebtedness or where the debtor is not able to pay the full amount and the City is not able to enforce full payment.

(g)

Delinquent bill or claim means a bill or claim referred to the Revenue Manager for collection after completion of the billing process.

(h)

Uncollectible account means a minor bill, claim or judgment that has been through the complete internal billing, collection process and/or settlement process and referral to a collection agency, General Counsel and/or internal collection process and whose collection is not further justified or cost effective.

(i)

Minor uncollectible account means a bill, claim or judgment under $1,000 that has been through the complete billing and internal collection process and whose referral to a collection agency is not further justified or cost effective.

(j)

Lien shall mean a nuisance abatement or demolition lien imposed by the City upon real property due to the costs incurred by the City to terminate a public nuisance as set forth and described in Sections 518.209, 518.210 and 518.306, Ordinance Code.

(Ord. 72-647-376, § 1; Ord. 79-585-506, § 1; Ord. 82-445-199, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2001-445-E, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16; Ord. 2016-766-E, § 2)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 125.101.

Sec. 112.102. - Billing process.

(a)

It shall be the duty of each department, division, office or board rendering services for which money is due to the City or suffering damages which may be claimed by the City to furnish the responsible billing official promptly, with all due diligence and in accordance with the directives promulgated by the Director of Finance and Administration, the relevant and material information for the preparation of the bill and to assist the Revenue Manager in the collection process or the referral to the risk management program. After receiving such information, the responsible billing official shall prepare and issue a bill after the value of the services rendered by the City has been ascertained or shall refer to the Risk Management Program or Revenue Manager, the damage reports suffered as a consequence of a tort action involving property or other claims by the City or its agencies. The Director of Finance and Administration shall promulgate rules and procedures covering all aspects of the billing and collection process to include the preparation of the billing or damage report, the time and frequency of billing and the collection process as well as any other financial activity related to the accounts receivable process. The responsible billing official shall, within the time specified in the appropriate rule or procedure, refer to the Revenue Manager all disputed bills or claims, and in addition, all doubtful claims and any other bill not paid within the time specified.

(b)

Each department shall submit a list of all Responsible Billing officials and such other information as required by October 31 of each fiscal year for the current fiscal year to the Director of Finance and Administration or designee. A current list of all Responsible Revenue Protection officials shall be maintained by the department at all times.

(Ord. 72-647-376, § 1; Ord. 75-796-398, § 1; Ord. 79-585-506, § 2; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2005-478-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 125.102.

Sec. 112.103. - Collection agency contract.

Without regard to the requirements of Part 3, Chapter 126, upon the recommendation of the chairman of the Committee on Finance, the Director of Finance and Administration and the General Counsel, the Mayor, is authorized to enter into a contract on behalf of the City with a collection agency for the collection of uncollected delinquent bills pursuant to this Chapter on a contingent basis and for a percentage of the amount owed, for a fixed fee per invoice or case or any other type of financial arrangement, deemed by those officials to be for the best interest of the City. The collection agency shall have authority to settle a disputed bill, $1,000 or less, with the written approval of the Revenue Manager, provided the settlement is not for less than 50 percent of the original invoice. The collection agency shall comply with all applicable federal, State and local laws governing its behavior.

(Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 125.103.

Sec. 112.104. - Collection process.

After exhausting all internal collection resources, including, but not limited to, forfeiting of deposit, discontinuance of service when applicable and/or conducting an informal or formal hearing related to a disputed bill, the Revenue Manager shall refer delinquent bills to a collection agency under contract with the City or to the Office of the General Counsel, unless satisfactory collection arrangement has been made between the City and the debtor pursuant to the requirements of this Chapter. The collection agency shall not litigate or compromise any undisputed bills but shall refer all uncollected bills to the Revenue Manager for further processing. All damage reports suffered as a consequence of a tort action involving property or other claims by the City or its agencies and referred to the Risk Management Program or Revenue Manager shall be processed in the manner provided in this Chapter.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2)

Editor's note— Former § 112.104, which pertained to collection by collection agency, was repealed by § 1 of Ord. 90-709-572 and § 2 of said ordinance enacted a new § 112.104 to read as herein set out. The provisions of former § 112.104 derived from § 1 of Ord. 72-647-376; § 2 of Ord. 75-796-398; § 3 of Ord. 79-585-506; and § 1 of Ord. 83-591-400.

Sec. 112.105. - Deposits, advance payments and discontinuance of service.

It is the policy of the City to require advance payments or deposits for all the City's services when applicable except when public policy dictates otherwise. The Director of Finance and Administration with the approval of the appropriate department head shall promulgate procedures for the establishment of deposits, advance payment or discontinuance of service in order insure the City of compensation for its services, to include any reasonable expense for reconnection or recommencement of service when applicable. The establishment of these procedures shall not preclude the City from recovering by suit in a court having jurisdiction of such claim or from utilizing other lawful methods for collection of delinquent accounts.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Former § 112.105, which pertained to collection by General Counsel, was repealed by § 1 of Ord. 90-709-572 and § 2 of said ordinance enacted a new § 112.105 to read as herein set out. The provisions of former § 112.105 derived from § 1 of Ord. 72-647-376; § 3 of Ord. 75-796-398; § 4 of Ord. 79-585-506; and § 1 of Ord. 83-591-400.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.106. - Compromised claims.

This Chapter shall not authorize an undisputed bill or claim to be compromised for less than its full value. A compromise for a disputed bill or claim shall be made in the manner provided in Section 112.110.

(Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2)

Note— Former § 125.106.

Sec. 112.107. - Reserved.

Editor's note— Ord. No. 2006-422, § 124, has been treated as repealing former § 112.107. Former § 112.107 pertained to delinquent accounts receivable, and specified the placement of bills into an account created by § 110.308, a fund which no longer exists. Former § 112.107 derived from Ord. 72-647-376; Ord. 83-591-400; Ord. 90-709-572; and Ord. 2004-990-E.

Note— Former § 125.107.

Sec. 112.108. - Applicability.

This Chapter shall not apply to the collection of ad valorem taxes, special assessments which are placed on the tax rolls, fees and charges using non ad valorem assessment procedures, tourist development taxes, public service taxes, occupational license taxes, and fines and liens created pursuant to Chapter 91, Ordinance Code and F.S. Ch. 162. Furthermore, the procedures established by this Chapter for the collection of bills shall be supplemental to and not in lieu of other remedies provided for the collection of bills or for the nonpayment thereof.

(Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2006-631-E, § 5)

Note— Former § 125.108.

Sec. 112.109. - Independent agencies requested to use procedures.

Independent agencies of the City are requested to establish similar procedures for the collection of their bills and are authorized to collaborate with the City or utilize the services of the collection agency and the General Counsel in the manner provided herein.

(Ord. 72-647-376, § 1; Ord. 83-591-400, § 1; Ord. 2004-990-E, § 2)

Note— Former § 125.109.

Sec. 112.110. - Collection and Settlement of Delinquent Bills, Claims, Judgments and Liens.

The General Counsel may take any action necessary on the referred delinquent bills, claims and judgments rendered in a court in favor of the City or an independent agency utilizing the services of an outside counsel engaged under Section 108.506, as well as employees of the Office of the General Counsel. The funds received as a result of the collection of a delinquent bill, claim or a judgment shall be paid over (a) in the case of the City, into the Treasury, to credit the Delinquent Accounts Receivable Account to reduce the amount of the bill upon which the judgment is based, with any excess credited as miscellaneous receipts; a deficit shall be treated as an administrative write-off under Section 122.111 or (b) in the case of an independent agency, to its treasury as directed by its chief financial officer, in either case without a set-off or reduction of the total amount collected on account of attorney's fees or costs of any nature whatsoever, except as provided in Section 110.217. A delinquent bill, claim, judgment or compromise settlement may be collected in one payment or levy or by multiple payments or levies. A disputed bill, claim or judgment in favor of the City, of which the debtor is not able to pay the full amount and the City is not able to enforce full payment, may be settled for less than the full amount under the following conditions:

(a)

If the principal and interest amounts of the disputed claim, bill, judgment or lien is less than $1,000, and the Revenue Manager deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, or judgment in a determined amount, the disputed bill or judgment may be settled in such amount.

(b)

If the principal and interest amounts of the disputed claim, bill, judgment or lien is $1,000 or greater, but less than $5,000, and the Director of Finance and Administration deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, judgment or lien in a determined amount, the disputed bill, judgment or lien may be settled in such amount.

(c)

If the principal and interest amounts of the disputed claim, bill, judgment or lien is $5,000 or greater, but less than $10,000, and the General Counsel, deems in writing that it is in the best interest of the City to settle the delinquent bill, judgment or lien for a determined amount and with the written approval of the Director of Finance and Administration, the delinquent claim, bill, judgment or lien may be settled for such amount.

(d)

If the principal and interest amounts of the disputed claim, bill, judgment or lien is $10,000 or greater but less than $100,000, the Mayor shall have authority to settle the delinquent bill, judgment or lien upon written recommendation from the General Counsel for a determined amount, and approval of the Director of Finance and Administration.

(e)

If the principal amount of the disputed claim, bill, judgment or lien is $100,000 or more, or if settlement of the disputed claim, bill, judgment or lien involves modifying, deciding not to enforce, or rescinding an agreement approved by Council, then the settlement of such disputed claim, bill judgment or lien shall require approval by ordinance or resolution of the Council.

(f)

As part of every settlement of a dispute entered into by the City, the person executing settlement documents on behalf of the City shall certify, on at least one settlement document, the following:

"The undersigned representative of the City of Jacksonville is authorized pursuant to Chapter 112, Part 1, City of Jacksonville Ordinance Code, to settle on terms described in this document."

(g)

The Director of Finance and Administration shall prepare an annual report of all settled claims, a copy of which shall be provided to the Council Auditor, and provided annually to the City Council Finance Committee at the first City Council Finance committee meeting of the calendar year, and delivered in the manner prescribed in Council Rule 2.214.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16; Ord. 2016-766-E, § 2)

Editor's note— Former § 112.110, which pertained to collection of delinquent bills and judgments, was repealed by § 1 of Ord. 90-709-572 and § 2 of said ordinance enacted a new § 112.110 to read as herein set out. The provisions of former § 112.110 derived from § 3 of Ord. 81-903-481 and § 1 of Ord. 83-591-400.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.111. - Write-off of uncollectible accounts.

Disputed bills and judgments shall be written-off as uncollectible under the following conditions:

(a)

The Director of Finance and Administration, upon recommendation of the Revenue Manager shall be authorized to write-off and treat as uncollectible those minor uncollectible accounts under $1,000 that have been through the billing process, internal collection process, and the referral of which to a collection agency or General Counsel, when applicable, is not justified as cost effective.

(b)

The Director of Finance and Administration shall, with the written approval of the department head who originated the bill, be authorized to write off delinquent bills or judgments $1,000 or greater but is less than $10,000 that have been through the billing process, the internal collection process, and have been referred to a collection agency or the General Counsel, when applicable, and it is determined the collection effort is no longer justified.

(c)

When the amount of the delinquent bill or judgment is $10,000 or greater but is less than $100,000, the Mayor shall have authority to write-off the bill or judgment upon favorable written recommendation of General Counsel and either the Director of Finance and Administration or the appropriate department head who originated the bill.

(d)

When the amount of the delinquent bill or judgment is $100,000 or greater, the Council shall approve all write-offs.

(e)

The Director of Finance and Administration shall prepare an annual report of all written-off claims, a copy of which shall be provided to the Council Auditor.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.112. - Services fees for dishonored checks.

The Director of Finance and Administration or Tax Collector may adopt the service fee imposed under F.S. §§ 125.0105, 166.251, for the collection of a dishonored check, draft or other order for the payment of money owed to the City.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.113. - Supervision, billing and collection of receivables from City's independent agencies.

The Director of Finance and Administration is authorized to enter into contracts for compensation with the City's independent agencies for the supervision, billing or collection of bills or claims pertaining to the City's independent agencies pursuant to this Chapter.

(Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.114. - Collection of court-related financial obligations.

Without regard to the requirements of Part 3, Chapter 126, the Clerk of the Court is authorized to enter into contract(s) with collection agencies for the collection of uncollected court-related financial obligations pursuant to this Chapter on a contingent basis and for a percentage of the amount owed, for a fixed fee per obligation basis, or any other type of financial arrangement, deemed by the Clerk of the Court to be in the best interest of the City. The collection agency shall add on and attempt to recover a collection fee of 40 percent of the amount owed at the time the matter is submitted for collection, which collection fee includes the administrative time of City personnel, any collection agency fees, and any attorneys fees and costs of the City and shall comply with all applicable Federal, State and local laws governing its behavior. The Clerk of the Court shall annually report to the City Council (at the time of submission of the annual budget proposal) regarding the percentage of court-related financial obligations which were collected in the previous fiscal year.

(Ord. 2001-445-E, § 2; Ord. 2004-990-E, § 2)

Sec. 112.115. - Recovery of costs of collection.

Pursuant to F.S. § 938.35, the Charter of the City of Jacksonville, and the City of Jacksonville's Home Rule powers, the Director of Finance and Administration, the Office of General Counsel, and any collection agency or attorney retained by the City to collect any fee, fine, cost, service charge, civil penalty, or property damage claim owed to the City, shall add on and attempt to recover a collection fee of 40 percent of the amount owed at the time the matter is submitted for collection, which collection fee includes all administrative time of City personnel, any collection agency fees, and any attorneys fees and costs of the City. A settling authority authorized by Section 112.110, is authorized to compromise and settle all or any portion of this collection fee as may be in the best interests of the City to allow for the highest collection value to the City.

(Ord. 2004-990-E, § 2; Ord. 2016-140-E, § 16)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

PART 2. - SERVICE OF NOTICE OF CLAIMS

Sec. 112.201. - Legislative findings.

The Council finds and determines:

(a)

F.S. § 768.28 permits the State and its agencies and subdivisions to be sued to the extent permitted by that Section.

(b)

F.S. § 768.28 requires that notice be given to the City and its independent agencies prior to a suit being filed against any of them.

(c)

F.S. § 768.28 does not prescribe the method of giving this notice and great confusion has been caused by the absence of a method because notices are often served upon individuals who are not authorized by law or rule to receive these notices on behalf of the City or independent agency.

(d)

A definite form of accomplishing the giving of notice would assist all parties by assuring that proper attention is given to the notices and the claims they represent.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.101.

Sec. 112.202. - Legislative intent.

It is the intent of the Council, as the legislative branch of the Consolidated Government, to specify the manner in which notice under F.S. § 768.28, is to be served upon the City and its independent agencies. The provisions of this Chapter are binding upon the legislative and executive branches of the Consolidated Government and upon the independent agencies of the City and all persons in these branches and independent agencies shall observe and comply with the requirements of this Chapter.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.102.

Sec. 112.203. - Service of notices upon City.

Notices required to be given to the City pursuant to the provisions of F.S. § 768.28 shall be served upon the General Counsel, by certified mail or by service as for a summons. The General Counsel may designate one or more Assistant Counsels upon whom the notices may be served in the absence of the General Counsel and service upon a designated Assistant Counsel shall have the same effect under Section 112.206 as service upon the General Counsel.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.103.

Sec. 112.204. - Service of notices upon independent agency.

Notices required to be given to an independent agency pursuant to the provisions of F.S. § 768.28 shall be served upon the General Counsel, by certified mail or by service as for a summons. The General Counsel may designate one or more Assistant Counsels upon whom these notices may be served in the absence of the General Counsel and service upon a designated Assistant Counsel shall have the same effect under Section 112.206 as service upon the General Counsel.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.104.

Sec. 112.205. - Contents of notice.

In addition to the information required by F.S. § 768.28(6)(b), a notice served upon the General Counsel pursuant to this Chapter shall contain the following information:

(a)

The name and address of the claimant.

(b)

The date, time and place of the injury or occurrence complained of.

(c)

A description of the injury or damage suffered by the claimant.

(d)

The names of the agents or employees of the City or independent agency involved, if known to the claimant.

(e)

A statement, in general terms, of the relief sought from the City or independent agency.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.105.

Sec. 112.206. - Effect of giving notice.

The effect of giving notice to the General Counsel as prescribed by this Chapter shall be to give legally effective notice to the City or independent agency under F.S. § 768.28. A notice which fails to comply with the requirements of this Chapter or which is served otherwise than as prescribed by this Chapter shall not constitute the notice required by F.S. § 768.28.

(Ord. 81-1047-479, § 2; Ord. 83-591-400, § 1)

Note— Former § 120.106.

PART 3. - SETTLEMENT OF CLAIMS AND SUITS BY AND AGAINST CITY[2]

Footnotes: --- (2) ---

Editor's note— Section 1 of Ord. 90-206-208, effective June 19, 1990, repealed former §§ 112.301 and 112.302; §§ 4 and 6 of the ordinance renumbered former §§ 112.303 and 112.305 as §§ 112.401 and 112.402 and amended same; § 5 of the ordinance repealed former § 112.304; and § 3 of the ordinance enacted a new Part 3, §§ 112.301—112.312 as herein set forth.

Sec. 112.301. - Legislative intent.

It is the intent of the City Council, as the legislative branch of the City of Jacksonville, to specify the manner in which all disputes and claims between the City of Jacksonville and all other persons, corporations and public entities, are resolved. These provisions shall not control where more specific procedures are provided elsewhere in this Ordinance Code.

(Ord. 90-206-208, § 3)

Sec. 112.302. - Claims and suits brought by the City for monetary damages.

When the full amount of any monetary claim brought by the City against any person, corporation or public entity is disputed, such claim, whether in suit or not, shall be compromised and settled in accordance with Section 112.110, Ordinance Code.

(Ord. 90-206-208, § 3; Ord. 2004-990-E, § 3)

Sec. 112.303. - Suits brought by the City for nonmonetary relief.

When the City, through court or administrative action, seeks to obtain nonmonetary relief of any kind, the following procedures shall apply:

(a)

All actions shall be initiated by the General Counsel upon written authorization of the appropriate department head. The Mayor shall receive a copy of such written authorization.

(b)

All actions may be compromised and settled, and settlements executed by the appropriate department head, with a copy delivered to the Mayor.

(c)

Appeals of adverse rulings shall be authorized by the appropriate department head when in his or her discretion such an appeal is in the best interest of the City.

(d)

Nothing contained herein shall limit the authority of the General Counsel to decline to prosecute litigation when, in the opinion of the General Counsel, further action is not warranted by the facts or law. Such opinion shall be written and contain grounds upon which the General Counsel relies.

(e)

Upon the authorization of an appropriate department head, the General Counsel is authorized to seek judicial relief to enjoin the violation of any provision of the Ordinance Code.

(Ord. 90-206-208, § 3)

Sec. 112.304. - All actions brought by the City to recover civil penalties, fines, fees, and other court obligations.

When the City, through court or administrative action, seeks to recover civil penalties, fines, fees, or other court obligations allowed by agreement, ordinance or statute, the amount of the civil penalty, fine, fee, or other court obligation to be recovered may be settled as provided in Section 112.110, Ordinance Code. Such settlement shall be in writing.

(Ord. 90-206-208, § 3; Ord. 2004-990-E, § 4)

Sec. 112.305. - All actions brought against the City alleging improper legislative action or inaction.

All court actions brought against the City seeking declaratory or injunctive relief as a result of City Council action or inaction, may be settled as follows:

(a)

Zoning actions may be settled by resolution of the City Council;

(b)

Actions attacking the constitutionality of an ordinance as written (facial validity) may be settled by resolution of the City Council; except that when the enforcement of an ordinance has been preliminarily enjoined by the Court, the President of the City Council, upon the recommendation of the General Counsel that it would be in the best interest of the City to do so, may authorize, in writing, the settlement of the injunctive action.

(c)

Actions attacking the constitutionality of the manner in which an ordinance is enforced may be settled upon the written authorization of the department head charged with the enforcement of the ordinance, concurred with in writing by the General Counsel. Where two or more department heads are charged with the enforcement of the ordinance, each department head shall, in writing, concur with such settlement.

(d)

To the extent any such action also seeks monetary relief, the compromise and settlement of such monetary claims shall be authorized in the manner described hereinafter in Section 112.307.

(e)

The approval of the City Council for subsections (a) and (b) of this Section and the approval of the appropriate department head for subsection (c) of this Section shall be required to take an appeal of an adverse ruling against the City. For purposes of this paragraph, the consideration of the appeal of an adverse ruling by Council shall be made at the next regularly scheduled Council meeting as an emergency following rendition and receipt of the Court's order. In the event the next regular scheduled meeting of the Council is on a date of more than 14 days, the President of the Council shall call a special meeting of Council to consider the issue of such appeal.

(f)

Wherever in this Part, department heads are referred to, that term shall include in addition to City Department Directors, the Sheriff, Clerk of Court, Property Appraiser, Tax Collector and the Supervisor of Elections.

(Ord. 90-206-208, § 3)

Sec. 112.306. - All actions brought against the City seeking nonmonetary relief.

(a)

All actions or portions thereof, except those referred to in Section 112.305, whether by court or administrative action, which by their terms seek nonmonetary relief, may be compromised and settled by the appropriate department head, upon written approval of the General Counsel.

(b)

To the extent any action seeking nonmonetary relief also seeks monetary relief, the compromise and settlement of such monetary claims shall be governed by the provisions of Section 112.307.

(Ord. 90-206-208, § 3)

Sec. 112.307. - Claims and suits brought against the City for monetary relief.

(a)

Whenever there shall be a bona fide reasonable doubt or dispute as to liability or amount due on any claim or in any court action brought against the City seeking monetary relief, such claim, whether in litigation or not, shall be compromised and settled as follows:

(1)

If the amount of the settlement of such claim is less than $5,000: When the appropriate department head or the Sheriff, Clerk of Court, Property Appraiser, Tax Collector or Supervisor of Elections (individually each a "Constitutional Officer"), as the case may be, or his or her designee, deems in writing that it is in the best interest of the City and his or her agency or office to settle the claim or court action and has the written concurrence of the General Counsel or his Assistant Counsel, such department head or Constitutional Officer listed above or his or her designee may authorize settlement of the claim.

(2)

If the full amount of such claim is $5,000 or greater:

(i)

When the amount of the settlement of the claim or court or administrative action against the City, including attorneys' fees and costs, does not exceed the sum of $10,000, if the General Counsel deems in writing that it is in the best interest of the City to settle the claim or court action, and upon receiving written approval of the appropriate department head or the appropriate Constitutional Officer or his or her designee, as applicable, the General Counsel shall have authority to compromise and settle the claim.

(ii)

When the total amount of the settlement, including attorneys' fees and costs, exceeds the sum of $10,000, but does not exceed the sum of $50,000, the Mayor shall have the authority to compromise and settle the claim upon receipt of favorable written recommendations from the General Counsel and upon receiving written approval of the appropriate Constitutional Officer or his or her designee, and either the Director of Finance and Administration or the Chairman of the City Council Finance Committee, that they deem it to be in the best interests of the City to settle the claim or court action.

(iii)

When the total amount of such settlement, including attorneys' fees and costs, exceeds $50,000, such claim and court or administrative action brought against the City can be settled only by approval of the City Council.

(3)

The appropriate department head or appropriate Constitutional Officer or his or her designee, with written concurrence of the General Counsel, shall authorize, in writing, the appeal of an adverse ruling against the City.

(b)

In the event there is no bona fide dispute of a claim, such claim shall be paid when authorized as provided in subsection (a)(2) of this Section, except that claims which are for less than $5,000 may be authorized by the appropriate department head without approval of an Assistant Counsel. In all cases, the authorizing officer shall certify in writing that there is no bona fide dispute as to the City's liability and the amount of the claim.

(c)

Nothing contained herein shall restrict the normal processing, approval and payment of construction change orders as provided by contract; nor shall the completion of a contract or agreement be restricted by this Section.

(Ord. 90-206-208, § 3; Ord. 2016-140-E, § 16; Ord. 2024-45-E, § 1)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 112.308. - Eminent domain.

The settlement of all filed actions involving the City's right to eminent domain under F.S. Ch. 73 shall be authorized as provided in Section 112.307, except that the "amount of the settlements" referred to in Section 112.307 shall mean the difference between the amount of money posted at the time of the order of taking and the amount of the gross settlement.

(Ord. 90-206-208, § 3)

Sec. 112.309. - Attorneys' fees.

In any civil action where attorneys' fees are provided for as a matter of law, authorization for settlement of all claims for attorneys' fees, for and against the City, shall be as provided for in Sections 112.302 and 112.307, respectively.

(Ord. 90-206-208, § 3)

Sec. 112.310. - Execution of documents.

The appropriate department head, or an Assistant Counsel on behalf of the General Counsel, may execute all documents and releases on behalf of the City necessary to the settlement of a claim or suit as provided in Sections 112.302 through 112.307.

As part of every settlement of a dispute entered into by the City, the person executing settlement documents on behalf of the City shall certify on at least one settlement document the following:

"The undersigned representative of the City of Jacksonville is authorized pursuant to Chapter 112, Part 3, City of Jacksonville Ordinance Code, to settle on terms described in this document."

(Ord. 90-206-208, § 3)

Sec. 112.311. - Special authority of the General Counsel.

The General Counsel, or an Assistant Counsel on his/her behalf, is authorized to file all papers necessary to preserve jurisdiction, effect settlement or otherwise preserve the integrity of the City's position pending any approval required by this Chapter. Nothing contained in this Chapter shall be construed to limit or alter the duties and responsibilities, as established by the Supreme Court, of the General Counsel or his/her Assistant Counsels in the management of litigation.

(Ord. 90-206-208, § 3)

Sec. 112.312. - Ratification.

In the event any City employee takes an action reserved to another, that action shall be considered as if taken by the proper party if subsequently ratified in writing by the proper party.

(Ord. 90-206-208, § 3)

Sec. 112.313. - Settlements involving claims for benefits under the 1937 General Employees Pension Plan.

Whenever pending or threatened litigation involves a claim or claims for benefits under the City's 1937 General Employees Pension Plan, the provisions of Section 120.114 shall apply and must be followed.

(Ord. 2000-1224-E, § 2)

PART 4. - MISCELLANEOUS COLLECTIONS

Sec. 112.401. - Employee salaries, pension benefits and debts owed to City.

If an employee or retiree of the City is paid salary or wages or pension benefits in excess of the actual salary or wages or pension benefits due the employee or retiree, or if the employee is a debtor of the City, the amount by which the employee or retiree is overpaid, or the amount owed by the employee, plus interest accrued, shall constitute an offset by the City against future salary or wage or pension payments to the over paid person or owing employee and the Director of Finance and Administration or Board of Pension Trustees as appropriate shall place an automatic deduction against the future salary or wage or pension payments to the overpaid or owing employee or retiree to recover the amount overpaid to the employee or retiree or owing to the City; provided, with respect to employees, that:

(a)

Such deductions shall be made in compliance with applicable provisions of the Fair Labor Standards Act and the Customer Credit Protection Act.

(1)

Errors by the City resulting in underpayments or overpayments to employees or retirees shall be corrected to a retroactive date determined by the Director of Finance and Administration. In making such a determination, the Director of Finance and Administration should take into consideration the following:

(i)

The magnitude of the error;

(ii)

The length of time since the error began;

(iii)

The complexity of the calculation which caused the error;

(iv)

The employee's opportunity to recognize and report the error during or after its occurrence.

(2)

The Director of Finance and Administration shall, within 30 days of forgiving an overpayment, submit a report to the Council Auditor of said action.

(3)

Correction of payroll errors shall be distinguished from disputes about an employee's right to a particular payment under a collective bargaining agreement. Such disputes shall be resolved, and their effective date(s) determined, by the terms of the applicable collective bargaining agreement.

(b)

The Director of Finance and Administration shall not deduct:

(1)

The full amount of any wage overpayment from a single biweekly paycheck without the written consent of the employee except that obvious errors such as a double payroll entry shall be corrected as promptly as practicable.

(2)

In the case of an employee whose annual gross compensation is $20,000 or less, more than 20 percent of the employee's net pay after all mandatory deductions and withholdings.

(3)

In the case of an employee whose annual gross compensation is more than $20,000, more than 33⅓ percent of the employee's net pay after all mandatory deductions and withholdings.

(c)

The Director of Finance and Administration is authorized, in lieu of an automatic deduction against future salary or wage payments, to accept payment in full of the amount of the overpayment, or of the indebtedness either in cash or by debit from the employee's leave bank.

(d)

If the employee resigns or is discharged from the City's employ, the Director of Finance and Administration shall offset the unpaid portion of the overpayment or indebtedness against all moneys due to the employee as a result of the employee's resignation or discharge, except moneys due from any pension fund of the City, and if, after the offset:

(1)

A portion of the overpayment or indebtedness remains unpaid, the Director of Finance and Administration shall render a bill to the employee for the unpaid portion.

(2)

The amount of the overpayment or indebtedness has been repaid in full and moneys remain due to the employee, the Director of Finance and Administration shall pay the employee the moneys remaining due.

(e)

The Director of Finance and Administration shall provide every employee, whose indebtedness is to be deducted from the employee's salary, with an opportunity to be heard regarding the accuracy of the indebtedness prior to the deduction.

The Director of Finance and Administration shall have the authority to waive interest in all collections wherein the collection is necessitated by a mistake made by the City.

(Ord. 76-185-105, § 1; Ord. 81-1047-479, § 1; Ord. 83-591-400, § 1; Ord. 90-206-208, § 4; Ord. 91-883-394, § 1; Ord. 2007-979-E, § 1; Ord. 2016-140-E, § 16)

Note— Former §§ 120.203, 112.303.

Sec. 112.402. - Erroneous group health insurance claim expenditures.

(a)

Whenever the Director of Finance and Administration or his designee discovers that public funds were paid in error on behalf of an insured of the City's group health insurance coverage and the claim upon which the payment was based does not involve fraud or intent to defraud the City or any other person, the Director of Finance and Administration or his designee shall certify the amount of the erroneous payment, together with all the facts and circumstances surrounding the claim, to the General Counsel or the Mayor, as the case may be. The General Counsel or the Mayor, as the case may be, shall proceed as provided under and subject to the limitations of Section 112.301 et seq. to adjust and settle the erroneous expenditure in the public interest and to accept and give proper releases on behalf of the City and the insured.

(b)

The provisions of Section 112.401 are available in case an insured, being at the time of the settlement an employee of the City, agrees to repay the amount erroneously paid through a deduction against future salary or wage payments to the employee. This deduction shall not be automatic in the event of a settlement involving repayment of public funds by the employee but shall be begun only after the employee agrees to the deduction.

(c)

The provisions of Section 112.401 shall be applicable in the case of erroneous payments due to the fault or omission of an officer or employee of the City.

(d)

Claims upon which erroneous payment were made and which involve fraud or intent to defraud the City or another person shall be referred to the State Attorney for prosecution under the laws of the State. The settlement procedure authorized under this Section shall not be available in the case of these claims, unless:

(1)

The State Attorney declines to prosecute.

(2)

There was a prosecution but the prosecution results in a judgment or finding of not guilty.

(e)

The provisions of this Section shall not apply to the extent the City self-insures its group health insurance plan and hires a third party to pursue, adjust and settle erroneous payment claims.

(Ord. 82-652-288, § 1; Ord. 83-591-400, § 1; Ord. 90-206-208, § 6; Ord. 2014-546-E, § 2; Ord. 2016-140-E, § 16)

Note— Former §§ 120.205, 112.305.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 111.940. - Affordable Housing Special Revenue Fund. Chapter 113 - GIFTS TO CITY