Senate Bill 0124c1

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    Florida Senate - 1998                            CS for SB 124

    By the Committee on Community Affairs and Senator Forman





    316-1065A-98

  1                      A bill to be entitled

  2         An act relating to ad valorem tax

  3         administration; amending s. 200.065, F.S.,

  4         which provides requirements for the

  5         determination of the millage levied by taxing

  6         authorities; revising the form of the notice of

  7         tax increase; revising the form of the notice

  8         of tax for school capital outlay which must be

  9         published by school districts; providing an

10         effective date.

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

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14         Section 1.  Paragraph (c) of subsection (3) and

15  paragraph (a) of subsection (9) of section 200.065, Florida

16  Statutes, are amended to read:

17         200.065  Method of fixing millage.--

18         (3)  The advertisement shall be no less than

19  one-quarter page in size of a standard size or a tabloid size

20  newspaper, and the headline in the advertisement shall be in a

21  type no smaller than 18 point.  The advertisement shall not be

22  placed in that portion of the newspaper where legal notices

23  and classified advertisements appear.  The advertisement shall

24  be published in a newspaper of general paid circulation in the

25  county or in a geographically limited insert of such

26  newspaper.  The geographic boundaries in which such insert is

27  circulated shall include the geographic boundaries of the

28  taxing authority.  It is the legislative intent that, whenever

29  possible, the advertisement appear in a newspaper that is

30  published at least 5 days a week unless the only newspaper in

31  the county is published less than 5 days a week, or that the

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    Florida Senate - 1998                            CS for SB 124
    316-1065A-98




  1  advertisement appear in a geographically limited insert of

  2  such newspaper which insert is published throughout the taxing

  3  authority's jurisdiction at least twice each week.  It is

  4  further the legislative intent that the newspaper selected be

  5  one of general interest and readership in the community and

  6  not one of limited subject matter, pursuant to chapter 50.

  7         (c)  For school districts which have proposed a millage

  8  rate in excess of 100 percent of the rolled-back rate computed

  9  pursuant to subsection (1) and which propose to levy nonvoted

10  millage in excess of the minimum amount required pursuant to

11  s. 236.02(6), the advertisement shall be in the following

12  form:

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14                 NOTICE OF PROPOSED TAX INCREASE

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16         The ...(name of school district)... will soon consider

17  a measure to increase its property tax levy by ...(percentage

18  of increase over rolled-back rate)... percent.

19  Last year's property tax levy:

20         A.  Initially proposed tax levy.............$XX,XXX,XXX

21         B.  Less tax reductions due to Value Adjustment Board

22  and other assessment changes.....................($XX,XXX,XXX)

23         C.  Actual property tax levy................$XX,XXX,XXX

24  This year's proposed tax levy......................$XX,XXX,XXX

25         A portion of the tax levy is required under state law

26  in order for the school board to receive $...(amount A)... in

27  state education grants. The required portion has ...(increased

28  or decreased)... by ...(amount B)... percent and represents

29  approximately ...(amount C)... of the total proposed taxes.

30         The remainder of the taxes is proposed solely at the

31  discretion of the school board.

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    Florida Senate - 1998                            CS for SB 124
    316-1065A-98




  1         All concerned citizens are invited to a public hearing

  2  on the tax increase to be held on ...(date and time)... at

  3  ...(meeting place)....

  4         A DECISION on the proposed tax increase and the budget

  5  will be made at this hearing.

  6

  7         1.  AMOUNT A shall be an estimate, provided by the

  8  Department of Education, of the amount to be received in the

  9  current fiscal year by the district from state appropriations

10  for the Florida Education Finance Program.

11         2.  AMOUNT B shall be the percent increase over the

12  rolled-back rate necessary to levy only the required local

13  effort in the current fiscal year, computed as though in the

14  preceding fiscal year only the required local effort was

15  levied.

16         3.  AMOUNT C shall be the quotient of required

17  local-effort millage divided by the total proposed nonvoted

18  millage, rounded to the nearest tenth and stated in words;

19  however, the stated amount shall not exceed nine-tenths.

20         (9)(a)  In addition to the notice required in

21  subsection (3), a district school board shall publish a second

22  notice of intent to levy additional taxes under s. 236.25(2).

23  Such notice shall specify the projects or number of school

24  buses anticipated to be funded by such additional taxes and

25  shall be published in the size, within the time periods,

26  adjacent to, and in substantial conformity with the

27  advertisement required under subsection (3). The projects

28  shall be listed in priority within each category as follows:

29  construction and remodeling; maintenance, renovation, and

30  repair; motor vehicle purchases; new and replacement

31  equipment; payments for educational facilities and sites due

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    Florida Senate - 1998                            CS for SB 124
    316-1065A-98




  1  under a lease-purchase agreement; payments for renting and

  2  leasing educational facilities and sites; payments of loans

  3  approved pursuant to ss. 237.161 and 237.162; payment of costs

  4  of compliance with environmental statutes and regulations; and

  5  payment of costs of leasing relocatable educational

  6  facilities. The additional notice shall be in the following

  7  form, except that if the district school board is proposing to

  8  levy the same millage under s. 236.25(2) which it levied in

  9  the prior year, the words "continue to" shall be inserted

10  before the word "impose" in the first sentence, and except

11  that the second sentence of the second paragraph shall be

12  deleted if the district is advertising pursuant to paragraph

13  (3)(e):

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15                     NOTICE OF TAX FOR SCHOOL

16                          CAPITAL OUTLAY

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18         The ...(name of school district)... will soon consider

19  a measure to impose a ...(number)... mill property tax for the

20  capital outlay projects listed herein.

21         This tax is in addition to the school board's proposed

22  tax of ...(number)... mills for operating expenses and is

23  proposed solely at the discretion of the school board.  THE

24  PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING

25  EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.

26         The capital outlay tax will generate approximately

27  $...(amount)..., to be used for the following projects:

28

29             ...(list of capital outlay projects)...

30

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    Florida Senate - 1998                            CS for SB 124
    316-1065A-98




  1         All concerned citizens are invited to a public hearing

  2  to be held on ...(date and time)... at ...(meeting place)....

  3         A DECISION on the proposed CAPITAL OUTLAY TAXES will be

  4  made at this hearing.

  5         Section 2.  This act shall take effect January 1, 1999.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         Senate Bill 124

  9

10  The CS for SB 124 deletes a proposed provision that would have
    amended s. 200.065(3)(c), F.S., to exclude certain
11  expenditures from the tally of "proposed operating budget
    expenditures" in the TRIM Budget Summary notice. In addition,
12  the CS includes the word "PROPOSED" in the Notice of Tax for
    School Capital Outlay advertisement required by s.
13  200.065(9)(a), F.S.

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