House Bill 0051e1

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                                    CS/HJR 51, First Engrossed/ntc



  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article IX of the State

  4         Constitution relating to school districts.

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  6  Be It Resolved by the Legislature of the State of Florida:

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  8         That the amendment to Section 4 of Article IX of the

  9  State Constitution set forth below is agreed to and shall be

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 1998:

12         SECTION 4.  School districts; school boards.--

13         (a)  Each county shall constitute a school district;

14  provided, two or more contiguous counties, upon vote of the

15  electors of each county pursuant to law, may be combined into

16  one school district; and provided further that a county with

17  45,000 or more students in the district schools within the

18  county may be divided into more than one school district, each

19  school district to have no less than 20,000 students, as

20  provided by law.  In order to divide a county school district

21  under this provision, and notwithstanding other provisions of

22  this constitution, a commission made up of residents of the

23  county shall be created by special law to draw school district

24  boundary lines, allocate assets, and provide for the

25  contractual obligations, debts, and bonded indebtedness of the

26  school district, all of which shall be subject to review and

27  approval by the circuit court for compliance with state and

28  federal law and subject to approval by a vote of the electors

29  of the county.  Funding for operation and capital outlay in

30  school districts divided pursuant to this section shall be

31  determined on a countywide basis and distributed to the school


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                                    CS/HJR 51, First Engrossed/ntc



  1  districts per student as provided by law, except that funds

  2  raised by voted millage for bonded indebtedness or local

  3  option sales taxes may be distributed per interlocal agreement

  4  between the districts.  Local school taxes in school districts

  5  divided pursuant to this section, including voted millage for

  6  bonded indebtedness, shall be levied on a countywide basis as

  7  provided by law.

  8         (b)  In each school district there shall be a school

  9  board composed of five or more members chosen by vote of the

10  electors for appropriately staggered terms of four years, as

11  provided by law.

12         (b)  The school board shall operate, control and

13  supervise all free public schools within the school district

14  and determine the rate of school district taxes within the

15  limits prescribed herein.  Two or more school districts may

16  operate and finance joint educational programs.

17         BE IT FURTHER RESOLVED that in accordance with the

18  requirements of section 101.161, Florida Statutes, the title

19  and substance of the amendment proposed herein shall appear on

20  the ballot as follows:

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22                   AUTHORIZING THE DIVISION OF

23                    A COUNTY INTO TWO OR MORE

24                         SCHOOL DISTRICTS

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26         Provides that counties with 45,000 or more students may

27  be divided into two or more school districts pursuant to

28  general or special law, and subject to local voter approval.

29  Provides a commission to draw district boundary lines,

30  allocate assets, obligations, debts, and bonded indebtedness.

31  Provides that, except for millage voted for bonded


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                                    CS/HJR 51, First Engrossed/ntc



  1  indebtedness, school district funding shall be calculated

  2  countywide and allocated as provided by general law.

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