House Bill 1503c2

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    Florida House of Representatives - 1998          CS/CS/HB 1503

        By the Committees on Finance & Taxation, Community
    Colleges & Career Prep and Representative Morse





  1                      A bill to be entitled

  2         An act relating to Miami-Dade Community

  3         College, Dade County; designating the district

  4         board of trustees of the college as a special

  5         district for a specified period; providing

  6         application of certain provisions of general

  7         law; authorizing the board to levy up to 1 mill

  8         ad valorem tax per year for 10 years; providing

  9         for assessment and collection; providing

10         legislative intent with respect to state

11         funding for Miami-Dade Community College;

12         prohibiting establishment of certain

13         differentiated fees; providing for a

14         referendum; providing an effective date.

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

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18         Section 1.  It is the intent of the Legislature to

19  authorize the District Board of Trustees of Miami-Dade

20  Community College, a community college district consisting of

21  Dade County, to levy a special ad valorem tax upon approval by

22  vote of the qualified electors of Dade County for the purpose

23  of raising revenue to be used for the enhancement of academic

24  excellence programs, completion of technology infrastructure,

25  renovation and upgrade of facilities, deferred maintenance,

26  programs serving students with disabilities, and the

27  enhancement of services and programs at all its sites in Dade

28  County. Such funds may not be used for new construction or

29  employee salaries, and the ad valorem taxes collected must be

30  set aside and invested as permitted by law, with the principal

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    Florida House of Representatives - 1998          CS/CS/HB 1503

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  1  and income to be used for the purposes listed in this section

  2  as the district board of trustees directs.

  3         Section 2.  Notwithstanding the provisions of s.

  4  189.403(1), Florida Statutes, and for the purposes of this

  5  act, the District Board of Trustees of Miami-Dade Community

  6  College shall be an independent special district within the

  7  geographic boundaries of Dade County, for the purposes set

  8  forth in s. 9, Art. VII of the State Constitution. This act

  9  shall constitute the charter for the special district created

10  by this act. Unless reauthorized by legislative act and

11  referendum, the special district created by this act shall

12  dissolve without further action 12 years after the referendum

13  approval of this act. Upon dissolution, any remaining assets

14  and liabilities of the special district shall be transferred

15  to the District Board of Trustees of Miami-Dade Community

16  College. In the interim, the Legislature may amend the charter

17  for the special district created by this act. The District

18  Board of Trustees of Miami-Dade Community College shall act as

19  the governing board of the special district, in accordance

20  with the provisions of part III of chapter 240, Florida

21  Statutes, and rules adopted thereunder. The trustees shall

22  serve without compensation in their role as governing board of

23  the special district. The financial disclosure required of

24  trustees shall also serve as the financial disclosure required

25  of special district governing board members. The reporting and

26  meeting notice required of Miami-Dade Community College

27  pursuant to part III of chapter 240, Florida Statutes, and

28  other general law, and rules of the State Board of Education

29  shall serve to fulfill the special district reporting and

30  notice requirements of chapter 189, Florida Statutes.

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    Florida House of Representatives - 1998          CS/CS/HB 1503

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  1         Section 3.  The District Board of Trustees of

  2  Miami-Dade Community College may levy an ad valorem tax on the

  3  taxable property in Dade County of up to 1 mill per year for

  4  10 years. Property taxes determined and levied under this

  5  section shall be certified by the District Board of Trustees

  6  of Miami-Dade Community College to the county property

  7  appraiser and extended, assessed, and collected in the same

  8  manner as the other ad valorem taxes in the county. The levy

  9  may be made for 10 years only, pursuant to resolution of the

10  district board of trustees duly entered upon its minutes.

11         Section 4.  The annual apportionment of state funds for

12  the support of Miami-Dade Community College under ss. 240.345,

13  240.347, and 240.359, Florida Statutes, or any other provision

14  of general law, may not be reduced because the college has

15  received funds pursuant to an ad valorem levy under section 3.

16         Section 5.  The Miami-Dade Community College Board of

17  Trustees shall not establish differentiated fees as a result

18  of this act for the purpose of charging higher fees for those

19  Florida residents living beyond the boundaries of Dade County.

20         Section 6.  This act, except for this section, which

21  shall take effect upon this act becoming a law, shall take

22  effect only upon approval by a vote of the electors of Dade

23  County voting in a referendum election that is called and held

24  by the District Board of Trustees of Miami-Dade Community

25  College. If the District Board of Trustees of Miami-Dade

26  Community College chooses to call a special election, the

27  expense of the election may not be paid with student fees or

28  moneys the college receives from distribution of state tax

29  revenues, but the expense may be paid with funds received from

30  private sources or with college auxiliary funds. There shall

31  be at least 30 days' notice of the election as provided by s.

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    Florida House of Representatives - 1998          CS/CS/HB 1503

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  1  100.342, Florida Statutes. The board's authority to call a

  2  referendum election expires November 7, 2000. The board may

  3  cancel the referendum election after it has been called, but

  4  any expense resulting from the cancellation must be borne by

  5  the board.

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