GREEN COVE SPRINGS – A judge has given the Clay County Board of Commissioners were given seven days to explain why it hasn’t created a special election that could fund $300 million for repairs and new school for the county’s school board.

The BCC vowed to respond.

Commissioners denied on July 9 the Clay County School Board’s request for voters to decide with it will approve a half-cent sales tax, saying the board’s request lacked details and it was a clear attempt to get ahead of House Bill 5. Gov. Ron DeSantis signed HB-5 to eliminate special elections for tax increases after Dec. 31. If the school board can’t win its special election, it must wait until the general election in Nov. 2020.

“I feel very confident and I feel pleased that the judge has issued his statement so soon,” Kerekes said. “They have seven days to choose to either follow the law and just go ahead and put it on the ballot, or come back with a different response.”

BCC Chairman Mike Cella said the commission would respond. County Attorney Courtney Grimm will prepare a response and send it to Fourth Judicial Circuit Judge Steven Whittington.

“Our attorney is preparing our response and it’s really nothing different than what we’ve already public stated,” Cella said. “We, as a board, feel that we had the right to do that [deny the special election request] under Florida Statute.”

The lawsuit was filed by Tallahassee-based attorney Jon Moyle Jr. It demanded the commission to “show cause” why it hasn’t granted school board’s request.

“Petitioner seeks review of Respondent’s refusal to have Petitioner’s Amended Resolution placed on the ballot for a special election prior to December 31, 2019,” the court order reads. “Upon review of the Petition, this Court finds that it demonstrates a preliminary basis for relief and that there is no other available remedy at law.” The BCC has seven days to show a cause for why relief, which would be an overturn of the BCC’s denial, should not be granted.

The response has a July 30 deadline.

“We feel very good about this,” Cella said. “We think our argument will be held in court and we think that’s what’s best for the public. The public at large needs to be able to vote at large and a special election would make that difficult. Seventy-percent of the voters use early voting and this special election would be a one-day vote so voters that would usually vote early, might not be able to vote at all during this election.

“We don’t believe that’s right. We’re really pleased with our defense.”

The school board would have to pay the Board of Elections $180,000 for a special election, supervisor of elections Chris Chambless said.

Kerekes wants to ask the voters this fall if they’re willing to pay a half-cent sales tax to help fund maintenance projects needed within the school district.

“At this point, we’ve tightened our purse strings, cut expenses everywhere we possible can and there’s just not anywhere else to cut from,” Kerekes said. “We’ve done everything to be fiscally responsible and we’re now asking the taxpayers if they’d consider increasing our sales tax by half a cent.

“We’re not raising taxes and the county commissioner isn’t raising taxes. We’re asking the taxpayers if they would help fund public education.”

Assistant Superintendent of Operations Michael Kemp stressed the importance of the half-cent sales tax, lawsuit or not, during the school board’s workshop on July 23.

“Clay County is growing up whether people want to accept the growth that is coming or not, and we, the organizations, have to grow up with it and be prepared to address what’s coming because our kids deserve the same relevant resources and facilities that the 20-something districts before us who are doing what they need to do to prepare did: they had the tough conversations we’re having now,” Kemp said. “It is not a popular conversation. Not one elected official on the BCC or the school board or the superintendent goes, ‘Oh, I want to do that [sales tax],’ but it’s an absolute need if we’re going to prepare over the next 10 years.

“For those that want to fire everybody and vote everyone out, then vote them out. We can all go but we will still have the same challenge at the end of the day.”

If the courts force a special election, Kemp said the school board would then start educating the public on the merits of the request. So far, the school board has limited details of its request to its website and BCC meetings.

“I can’t wait to show the schools and communities day in and day out what this is going to mean if we get that [funding],” Kemp said. “I can’t sell it but I can educate and I can’t wait to do that.”