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Jacksonville’s top attorney issues budget opinion, triggering showdown between council and mayor

JACKSONVILLE, Fla. — The battle over Jacksonville’s city budget took another turn Thursday, as the city’s top legal authority weighed in — deepening the divide between Mayor Donna Deegan’s administration and the Republican-led City Council.

General Counsel Michael Fackler issued a formal six-page opinion stating that Mayor Deegan cannot veto the Council’s proposed 1.1% property tax rate reduction — a key component of the Republican budget plan that would save taxpayers approximately $13 million but potentially impact city services. He also clarified that the mayor does not have the authority to veto the budget in its entirety.

However, when it comes to a set of controversial amendments pushed by Councilman Rory Diamond targeting diversity, equity and inclusion (DEI) initiatives, immigration-related services, and abortion funding, Fackler said the mayor can issue a line-item veto. The Council, in turn, could override that veto with a simple majority vote.

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DIAMOND DECLARES VICTORY: “WE HAVE THE VOTES FOR AN OVERRIDE”

Councilman Rory Diamond, the leading force behind the amendments, framed Fackler’s opinion as a legal validation of his effort to restrict city funding for services he opposes.

“As I noted when I introduced my Big Beautiful Budget Amendments, Council absolutely can prohibit the spending on any item, including DEI, abortion, and services for illegals. The Office of General Counsel now finally agrees,” Diamond said Thursday night in a statement to Action News Jax.

He criticized Fackler for what he called an unprecedented expansion of mayoral power.

“The Mayor’s handpicked General Counsel somehow created a new power for the Mayor to line-item veto non-line items,” Diamond said. “This will no doubt lead the Mayor to veto those provisions. We have the votes for an override, and we will ban the use of taxpayer money for DEI, illegals, and abortion once again.”

It should be noted City Council confirmed Fackler in 2023 after it rejected the Mayor’s first choice — former council member Randy DeFoor.

MAYOR’S OFFICE: AMENDMENTS DESIGNED TO “CREATE DIVISION”

The Mayor’s Office pushed back strongly on the amendments, arguing they are performative politics — not sound fiscal policy.

“The City Council’s own auditors have repeatedly stated that the budget does not include any spending in the categories that Councilman Diamond is so concerned with,” a spokesperson for Mayor Deegan said in a statement to Action News Jax. “The only purpose these unnecessary amendments seem to serve is creating division and gridlock.”

TUESDAY NIGHT WALKOUT: DEMOCRATS EXIT IN PROTEST

The high-stakes standoff came to a head Tuesday night during a tense seven-hour Council budget hearing, when four Democratic lawmakers walked out in protest. The walkout underscored just how fractured the city’s leadership has become in the final days of budget negotiations.

Councilman Diamond used the moment to warn that if the city fails to eventually pass a budget, the Florida Department of Revenue will step in.

“What happens when we don’t have a budget is the Department of Revenue eventually takes over our budget, which is controlled by our [state] CFO Blaise Ingoglia and our governor Ron DeSantis and our cabinet,” Diamond said. “I feel much more confident in their hands than you all just simply stonewalling so we can’t get the 10 votes to pass the budget.”

“This isn’t going away. This is going to be in the budget. There is literally nothing you can do to stop it,” he added. “The only thing you can do is force this into the hands of Tallahassee.”

WHAT’S NEXT?

With the budget deadline looming on Oct. 1 and neither side backing down, Jacksonville’s city government is facing a potential constitutional and political crisis.

  • Mayor Deegan is expected to exercise her line-item veto power on the controversial amendments.
  • City Council is expected to override those vetoes - if they have the votes.
  • If no agreement is reached, state statute says the city must use the previous fiscal year budget until a new one is passed. However, as Diamond noted, control of the city budget could shift to the state.

The next Council meeting to finalize the budget is Sept. 23.

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