Senate Bill sb2254

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    Florida Senate - 2006                                  SB 2254

    By Senator Wise





    5-1624-06

  1                      A bill to be entitled

  2         An act relating to local funding for schools;

  3         amending s. 1011.62, F.S.; clarifying

  4         provisions requiring that the Department of

  5         Revenue certify to the Commissioner of

  6         Education by a specified date the district and

  7         state totals of the final taxable values for

  8         school purposes for the prior year; providing

  9         for the amount of state funds allocated to a

10         school district to be adjusted due to a change

11         in the assessment roll required by a final

12         court decision; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraphs (a) and (b) of subsection (4)

17  and paragraph (b) of subsection (9) of section 1011.62,

18  Florida Statutes, are amended to read:

19         1011.62  Funds for operation of schools.--If the annual

20  allocation from the Florida Education Finance Program to each

21  district for operation of schools is not determined in the

22  annual appropriations act or the substantive bill implementing

23  the annual appropriations act, it shall be determined as

24  follows:

25         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

26  EFFORT.--The Legislature shall prescribe the aggregate

27  required local effort for all school districts collectively as

28  an item in the General Appropriations Act for each fiscal

29  year. The amount that each district shall provide annually

30  toward the cost of the Florida Education Finance Program for

31  

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    Florida Senate - 2006                                  SB 2254
    5-1624-06




 1  kindergarten through grade 12 programs shall be calculated as

 2  follows:

 3         (a)  Estimated taxable value calculations.--

 4         1.a.  Not later than 2 working days prior to July 19,

 5  the Department of Revenue shall certify to the Commissioner of

 6  Education its most recent estimate of the taxable value for

 7  school purposes in each school district and the total for all

 8  school districts in the state for the current calendar year

 9  based on the latest available data obtained from the local

10  property appraisers. Not later than July 19, the Commissioner

11  of Education shall compute a millage rate, rounded to the next

12  highest one one-thousandth of a mill, which, when applied to

13  95 percent of the estimated state total taxable value for

14  school purposes, would generate the prescribed aggregate

15  required local effort for that year for all districts. The

16  Commissioner of Education shall certify to each district

17  school board the millage rate, computed as prescribed in this

18  subparagraph, as the minimum millage rate necessary to provide

19  the district required local effort for that year.

20         b.  The General Appropriations Act shall direct the

21  computation of the statewide adjusted aggregate amount for

22  required local effort for all school districts collectively

23  from ad valorem taxes to ensure that no school district's

24  revenue from required local effort millage will produce more

25  than 90 percent of the district's total Florida Education

26  Finance Program calculation, and the adjustment of the

27  required local effort millage rate of each district that

28  produces more than 90 percent of its total Florida Education

29  Finance Program entitlement to a level that will produce only

30  90 percent of its total Florida Education Finance Program

31  entitlement in the July calculation.

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    Florida Senate - 2006                                  SB 2254
    5-1624-06




 1         2.  As revised data are received from property

 2  appraisers, the Department of Revenue shall amend the

 3  certification of the estimate of the taxable value for school

 4  purposes. The Commissioner of Education, in administering the

 5  provisions of subparagraph (9)(a)2., shall use the most recent

 6  taxable value for the appropriate year.

 7         (b)  Final calculation.--

 8         1.  On September 1 of each year, the Department of

 9  Revenue shall, upon receipt of the official final assessed

10  value of property from each of the property appraisers,

11  certify to the Commissioner of Education the total of the

12  prior year final taxable value total for school purposes in

13  each school district and the total for all school districts in

14  the state, subject to the provisions of paragraph (d). The

15  commissioner shall use the official final taxable value

16  certified on September 1 for school purposes for each school

17  district in the final calculation of the annual Florida

18  Education Finance Program allocations.

19         2.  For the purposes of this paragraph, the official

20  final taxable value for school purposes shall be the taxable

21  value for school purposes on which the tax bills are computed

22  and mailed to the taxpayers, adjusted to reflect final

23  administrative actions of value adjustment boards and judicial

24  decisions pursuant to part I of chapter 194. By September 1 of

25  each year, the Department of Revenue shall certify to the

26  commissioner the official prior year final taxable value for

27  school purposes. For each county that has not submitted a

28  revised tax roll reflecting final value adjustment board

29  actions and final judicial decisions, the Department of

30  Revenue shall certify the most recent revision of the official

31  taxable value for school purposes. The certified value

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    Florida Senate - 2006                                  SB 2254
    5-1624-06




 1  certified on September 1 shall be the final taxable value for

 2  school purposes for that year, and no further adjustments

 3  shall be made, except those made pursuant to subparagraph

 4  (9)(b) (9)(a)2.

 5         (9)  TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT

 6  FOR CURRENT OPERATION.--The total annual state allocation to

 7  each district for current operation for the FEFP shall be

 8  distributed periodically in the manner prescribed in the

 9  General Appropriations Act.

10         (b)  The amount thus obtained shall be the net annual

11  allocation to each school district. However, if it is

12  determined that any school district received an

13  underallocation or overallocation for any prior year because

14  of an arithmetical error, assessment roll change required by

15  final judicial decision, full-time equivalent student

16  membership error, or any allocation error revealed in an audit

17  report, the allocation to that district shall be appropriately

18  adjusted. Beginning with audits for the 2001-2002 fiscal year,

19  if the adjustment is the result of an audit finding in which

20  group 2 FTE are reclassified to the basic program and the

21  district weighted FTE are over the weighted enrollment ceiling

22  for group 2 programs, the adjustment shall not result in a

23  gain of state funds to the district. If the Department of

24  Education audit adjustment recommendation is based upon

25  controverted findings of fact, the Commissioner of Education

26  is authorized to establish the amount of the adjustment based

27  on the best interests of the state.

28         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 2254
    5-1624-06




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 2                          SENATE SUMMARY

 3    Requires the Department of Revenue to certify to the
      Commissioner of Education the district and state totals
 4    of the prior year's taxable values for school purposes.
      Provides for an adjustment in the amount of state funds
 5    allocated to a school district due to a change in the
      assessment roll required by a final judicial decision.
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