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QUESTION: Should a school board which, in reliance upon an invalid statute, levies a millage in excess of ten mills pay the tax assessor's and collector's commissions on unauthorized taxes it is allowed to keep when the Supreme Court determines that the school board is not required to refund the unconstitutional levy, or should the board of county commissioners be required to pay these commissions from general revenue of the county?

SUMMARY: A nonvoted school millage enacted in reliance on Ch. 71263, Laws of Florida, is subject to the provisions of former s.192.091, F.S., requiring payment of…