House Bill hb1331

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    Florida House of Representatives - 2001                HB 1331

        By Representative Holloway






  1                      A bill to be entitled

  2         An act relating to school district capital

  3         outlay revenue; amending s. 199.292, F.S.;

  4         providing for transfer of a portion of

  5         nonrecurring intangible personal property tax

  6         revenues to the School District Capital Outlay

  7         Trust Fund; providing for distribution of a

  8         portion of such revenues to school districts

  9         that collected impact fee revenues in fiscal

10         year 2000-2001 to supplant such impact fees;

11         providing requirements for distribution of the

12         remainder of such revenues to all school

13         districts; amending ss. 212.055, 236.25, F.S.;

14         providing that school boards may levy a local

15         option sales surtax in lieu of levying all or a

16         part of the nonvoted district school capital

17         improvement millage; authorizing levy of such

18         surtax by resolution and providing requirements

19         with respect thereto; providing for uses of the

20         surtax proceeds; amending s. 212.054, F.S.;

21         providing for application of certain notice

22         requirements for levy of the surtax; amending

23         s. 125.01, F.S.; providing that a county in

24         which the school board is receiving such

25         intangible tax revenues or levying the local

26         option sales surtax is prohibited from levying

27         school impact fees; amending s. 235.056, F.S.,

28         relating to lease or rental of educational

29         facilities and sites, s. 235.199, F.S.,

30         relating to funding of career educational

31         facilities, and s. 235.435, F.S., relating to

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  1         requests for funding from the Special Facility

  2         Construction Account, to conform; providing a

  3         contingent effective date.

  4

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

  6

  7         Section 1.  Subsection (8) is added to section 125.01,

  8  Florida Statutes, to read:

  9         125.01  Powers and duties.--

10         (8)  Any county in which the school board is receiving

11  intangible personal property tax revenues pursuant to s.

12  199.292(2) or levying the local option sales surtax pursuant

13  to ss. 212.055(8) and 236.25(2) is prohibited from levying any

14  impact fee for school purposes.

15         Section 2.  Section 199.292, Florida Statutes, is

16  amended to read:

17         199.292  Disposition of intangible personal property

18  taxes.--All intangible personal property taxes collected

19  pursuant to this chapter shall be placed in a special fund

20  designated as the "Intangible Tax Trust Fund." The fund shall

21  be disbursed as follows:

22         (1)  Revenues derived from the annual tax on a

23  leasehold described in s. 199.023(1)(d) shall be returned to

24  the local school board for the county in which the property

25  subject to the leasehold is situated.

26         (2)  Sixty-two and three-tenths percent of the revenues

27  derived from the nonrecurring tax imposed by s. 199.133 shall

28  be transferred to the School District Capital Outlay Trust

29  Fund. These funds shall be distributed in the following

30  manner:

31

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  1         (a)  An amount equal to school impact fee collections

  2  in fiscal year 2000-2001 shall be distributed to the school

  3  districts that collected such fees to supplant their school

  4  impact fees. When any such school district levies a local

  5  option sales surtax pursuant to ss. 212.055(8) and 236.25(2),

  6  it will not be eligible to receive funds under this paragraph

  7  but will remain eligible to receive funds under paragraph (b).

  8         (b)  The balance of these revenues shall be distributed

  9  to all school districts as follows:

10         1.  Twenty-five percent of the balance shall be

11  distributed pro rata to the districts based on each district's

12  percentage of base capital outlay full-time-equivalent

13  membership, and 65 percent of the balance shall be distributed

14  pro rata to the districts based on each district's percentage

15  of gross capital outlay full-time-equivalent membership as

16  specified for the allocation of funds from the Public

17  Education Capital Outlay and Debt Service Trust Fund by s.

18  235.435(3).

19         2.  Ten percent of the balance shall be allocated among

20  the district school boards according to the allocation formula

21  in s. 235.435(1)(a).

22         (3)(2)  There is hereby appropriated annually out of

23  the fund the amount necessary for the effective and efficient

24  administration and enforcement by the department of the

25  provisions of chapters 192, 193, 194, 195, 196, 197, and 198

26  and this chapter.

27         (4)(3)  Of the remaining intangible personal property

28  taxes collected, the balance shall be transferred to the

29  General Revenue Fund of the state.

30         Section 3.  Subsection (7) of section 212.054, Florida

31  Statutes, is amended to read:

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  1         212.054  Discretionary sales surtax; limitations,

  2  administration, and collection.--

  3         (7)(a)  The governing body of any county levying a

  4  discretionary sales surtax or the school board of any county

  5  levying the school capital outlay surtax authorized by s.

  6  212.055(6) or (8) shall notify the department within 10 days

  7  after final adoption by ordinance, resolution, or referendum

  8  of an imposition, termination, or rate change of the surtax,

  9  but no later than November 16 prior to the effective date.

10  The notice must specify the time period during which the

11  surtax will be in effect and the rate and must include a copy

12  of the ordinance or resolution and such other information as

13  the department requires by rule. Failure to timely provide

14  such notification to the department shall result in the delay

15  of the effective date for a period of 1 year.

16         (b)  In addition to the notification required by

17  paragraph (a), the governing body of any county proposing to

18  levy a discretionary sales surtax or the school board of any

19  county proposing to levy the school capital outlay surtax

20  authorized by s. 212.055(6) or (8) shall notify the department

21  by October 1 if the referendum or consideration of the

22  ordinance or resolution that would result in imposition,

23  termination, or rate change of the surtax is scheduled to

24  occur on or after October 1 of that year.  Failure to timely

25  provide such notification to the department shall result in

26  the delay of the effective date for a period of 1 year.

27         Section 4.  Subsection (8) is added to section 212.055,

28  Florida Statutes, to read:

29         212.055  Discretionary sales surtaxes; legislative

30  intent; authorization and use of proceeds.--It is the

31  legislative intent that any authorization for imposition of a

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  1  discretionary sales surtax shall be published in the Florida

  2  Statutes as a subsection of this section, irrespective of the

  3  duration of the levy.  Each enactment shall specify the types

  4  of counties authorized to levy; the rate or rates which may be

  5  imposed; the maximum length of time the surtax may be imposed,

  6  if any; the procedure which must be followed to secure voter

  7  approval, if required; the purpose for which the proceeds may

  8  be expended; and such other requirements as the Legislature

  9  may provide.  Taxable transactions and administrative

10  procedures shall be as provided in s. 212.054.

11         (8)  SCHOOL CAPITAL OUTLAY MILLAGE EXCHANGE SURTAX.--

12         (a)  The school board in any county may levy by

13  resolution a discretionary sales surtax of 1 percent in lieu

14  of levying 2 mills of ad valorem tax under s. 236.25(2), or a

15  discretionary sales surtax of 0.5 percent in lieu of levying 1

16  mill of ad valorem tax under s. 236.25(2). If a school board

17  that is levying millage under s. 236.25(2) levies the

18  discretionary sales surtax under this subsection at the rate

19  of 1 percent, it must reduce the millage it levies under s.

20  236.25(2) by 2 mills. If a school board that is levying

21  millage under s. 236.25(2) levies the discretionary sales

22  surtax under this subsection at the rate of 0.5 percent, it

23  must reduce the millage it levies under s. 236.25(2) by 1

24  mill.

25         (b)  The resolution levying a discretionary sales

26  surtax under this subsection shall set forth a plan for the

27  use of surtax proceeds for school capital outlay projects.

28         (c)  The proceeds of a discretionary sales surtax

29  levied under this subsection shall be used by the school

30  district only for those purposes specified in s. 236.25(2) and

31  (5).

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  1         (d)  Surtax proceeds collected by the Department of

  2  Revenue pursuant to this subsection shall be distributed to

  3  the school board imposing the surtax in accordance with law.

  4         Section 5.  Section 236.25, Florida Statutes, is

  5  amended to read:

  6         236.25  District school tax.--

  7         (1)  If the district school tax is not provided in the

  8  General Appropriations Act or the substantive bill

  9  implementing the General Appropriations Act, each school board

10  desiring to participate in the state allocation of funds for

11  current operation as prescribed by s. 236.081(9) shall levy on

12  the taxable value for school purposes of the district,

13  exclusive of millage voted under the provisions of s. 9(b) or

14  s. 12, Art. VII of the State Constitution, a millage rate not

15  to exceed the amount certified by the commissioner as the

16  minimum millage rate necessary to provide the district

17  required local effort for the current year, pursuant to s.

18  236.081(4)(a)1. In addition to the required local effort

19  millage levy, each school board may levy a nonvoted current

20  operating discretionary millage. The Legislature shall

21  prescribe annually in the appropriations act the maximum

22  amount of millage a district may levy. The millage rate

23  prescribed shall exceed zero mills but shall not exceed the

24  lesser of 1.6 mills or 25 percent of the millage which is

25  required pursuant to s. 236.081(4), exclusive of millage

26  levied pursuant to subsection (2).

27         (2)  In addition to the maximum millage levy as

28  provided in subsection (1), each school board may levy up to

29  not more than 2 mills against the taxable value for school

30  purposes, or in lieu of a levy of 2 mills, a school board may

31  levy a 1-cent local option sales surtax in accordance with s.

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  1  212.055(8), or in lieu of 1 mill of such levy a school board

  2  may levy a 0.5-cent local option sales surtax in accordance

  3  with s. 212.055(8). This millage or sales surtax levy shall be

  4  used to fund:

  5         (a)  New construction and remodeling projects, as set

  6  forth in s. 235.435(3)(b) and (6)(b) and included in the

  7  district's educational plant survey pursuant to s. 235.15,

  8  without regard to prioritization, sites and site improvement

  9  or expansion to new sites, existing sites, auxiliary

10  facilities, athletic facilities, or ancillary facilities.

11         (b)  Maintenance, renovation, and repair of existing

12  school plants or of leased facilities to correct deficiencies

13  pursuant to s. 235.056(2).

14         (c)  The purchase, lease-purchase, or lease of school

15  buses; drivers' education vehicles; motor vehicles used for

16  the maintenance or operation of plants and equipment; security

17  vehicles; or vehicles used in storing or distributing

18  materials and equipment.

19         (d)  The purchase, lease-purchase, or lease of new and

20  replacement equipment.

21         (e)  Payments for educational facilities and sites due

22  under a lease-purchase agreement entered into by a school

23  board pursuant to s. 230.23(9)(b)5. or s. 235.056(2), not

24  exceeding, in the aggregate, an amount equal to three-fourths

25  of the proceeds from the millage or sales surtax levied by a

26  school board pursuant to this subsection.

27         (f)  Payment of loans approved pursuant to ss. 237.161

28  and 237.162.

29         (g)  Payment of costs directly related to complying

30  with state and federal environmental statutes and regulations

31  governing school facilities.

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  1         (h)  Payment of costs of leasing relocatable

  2  educational facilities, of renting or leasing educational

  3  facilities and sites pursuant to s. 235.056(2), or of renting

  4  or leasing buildings or space within existing buildings

  5  pursuant to s. 235.056(3).

  6

  7  Violations of these expenditure provisions shall result in an

  8  equal dollar reduction in the Florida Education Finance

  9  Program (FEFP) funds for the violating district in the fiscal

10  year following the audit citation.

11         (3)  These ad valorem taxes shall be certified,

12  assessed, and collected as prescribed in s. 237.091 and shall

13  be expended as provided by law.

14         (4)  Nothing in s. 236.081(4)(a)1. shall in any way be

15  construed to increase the maximum school millage levies as

16  provided for in subsection (1).

17         (5)(a)  It is the intent of the Legislature that, by

18  July 1, 2003, revenue generated by the millage or local option

19  sales surtax levy authorized by subsection (2) should be used

20  only for the costs of construction, renovation, remodeling,

21  maintenance, and repair of the educational plant; for the

22  purchase, lease, or lease-purchase of equipment, educational

23  plants, and construction materials directly related to the

24  delivery of student instruction; for the rental or lease of

25  existing buildings, or space within existing buildings,

26  originally constructed or used for purposes other than

27  education, for conversion to use as educational facilities;

28  for the opening day collection for the library media center of

29  a new school; for the purchase, lease-purchase, or lease of

30  school buses; and for servicing of payments related to

31  certificates of participation issued for any purpose prior to

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  1  the effective date of this act. Costs associated with the

  2  lease-purchase of equipment, educational plants, and school

  3  buses may include the issuance of certificates of

  4  participation on or after the effective date of this act and

  5  the servicing of payments related to certificates so issued.

  6  For purposes of this section, "maintenance and repair" is

  7  defined in s. 235.011.

  8         (b)  For purposes not delineated in paragraph (a) for

  9  which proceeds received from millage or a local option sales

10  surtax levied under subsection (2) may be legally expended, a

11  district school board may spend no more than the following

12  percentages of the amount the district spent for these

13  purposes in fiscal year 1995-1996:

14         1.  In fiscal year 1997-1998, 85 percent.

15         2.  In fiscal year 1998-1999, 70 percent.

16         3.  In fiscal year 1999-2000, 55 percent.

17         4.  In fiscal year 2000-2001, 40 percent.

18         5.  In fiscal year 2001-2002, 25 percent.

19         6.  In fiscal year 2002-2003, 10 percent.

20         (c)  Beginning July 1, 2003, revenue generated by the

21  millage or local option sales surtax levy authorized by

22  subsection (2) must be used only for the purposes delineated

23  in paragraph (a).

24         (d)  Notwithstanding any other provision of this

25  subsection, if through its adopted facilities work program a

26  district has clearly identified the need for an ancillary

27  plant, has provided opportunity for public input as to the

28  relative value of the ancillary plant versus an educational

29  plant, and has obtained public approval, the district may use

30  revenue generated by the millage or local option sales surtax

31  levy authorized by subsection (2) for the construction,

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  1  renovation, remodeling, maintenance, or repair of an ancillary

  2  plant.

  3

  4  A district that violates these expenditure restrictions shall

  5  have an equal dollar reduction in funds appropriated to the

  6  district under s. 236.081 in the fiscal year following the

  7  audit citation.  The expenditure restrictions do not apply to

  8  any school district that certifies to the Commissioner of

  9  Education that all of the district's instructional space needs

10  for the next 5 years can be met from capital outlay sources

11  that the district reasonably expects to receive during the

12  next 5 years or from alternative scheduling or construction,

13  leasing, rezoning, or technological methodologies that exhibit

14  sound management.

15         Section 6.  Paragraph (a) of subsection (2) and

16  paragraph (a) of subsection (3) of section 235.056, Florida

17  Statutes, are amended to read:

18         235.056  Lease, rental, and lease-purchase of

19  educational facilities and sites.--

20         (2)(a)  A board may rent or lease educational

21  facilities and sites as defined in s. 235.011. Educational

22  facilities and sites rented or leased for 1 year or less shall

23  be funded through the operations budget or funds derived from

24  millage or local option sales surtax proceeds pursuant to s.

25  236.25(2).  A lease contract for 1 year or less, when extended

26  or renewed beyond a year, becomes a multiple-year lease.

27  Operational funds or funds derived from millage or local

28  option sales surtax proceeds pursuant to s. 236.25(2) may be

29  authorized to be expended for multiple-year leases.  All

30  leased facilities and sites must be inspected prior to

31

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  1  occupancy by the board's Uniform Building Code inspector, who

  2  shall report to the department.

  3         1.  Beginning July 1, 1995, all newly leased spaces

  4  must be inspected and brought into compliance with the state

  5  minimum building code pursuant to chapter 553, and the life

  6  safety codes pursuant to chapter 633, prior to occupancy,

  7  using the board's operations budget or funds derived from

  8  millage or local option sales surtax proceeds pursuant to s.

  9  236.25(2).  As an alternative, the board may elect to comply

10  with the State Uniform Building Code for Public Educational

11  Facilities Construction instead of the state minimum building

12  code or the life safety code, or both.

13         2.  Plans for renovation or remodeling of leased space

14  shall conform to state minimum building and life safety codes

15  for educational occupancies, or other occupancies as

16  appropriate, as required in chapters 553 and 633, prior to

17  occupancy.  As an alternative, the board may elect to comply

18  with the State Uniform Building Code for Public Educational

19  Facilities Construction instead of the state minimum building

20  code or the life safety code, or both.

21         3.  All leased facilities must be inspected annually

22  for firesafety deficiencies in accordance with the applicable

23  code and have corrections made in accordance with s. 235.06.

24  Operational funds or funds derived from millage or local

25  option sales surtax proceeds pursuant to s. 236.25(2) may be

26  used to correct deficiencies in leased space.

27         4.  When the board declares that a public emergency

28  exists, it may take up to 30 days to bring the leased facility

29  into compliance with the requirements of Commissioner of

30  Education rules.

31

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  1         (3)(a)  A board may rent or lease existing buildings,

  2  or space within existing buildings, originally constructed or

  3  used for purposes other than education, for conversion to use

  4  as educational facilities. Such buildings rented or leased for

  5  1 year or less shall be funded through the operations budget

  6  or funds derived from millage or a local option sales surtax

  7  pursuant to s. 236.25(2). A rental agreement or lease contract

  8  for 1 year or less, when extended or renewed beyond a year,

  9  becomes a multiple-year rental or lease. Operational funds or

10  funds derived from millage or local option sales surtax

11  proceeds pursuant to s. 236.25(2) may be authorized to be

12  expended for multiple-year rentals or leases. Notwithstanding

13  any other provisions of this section, if a building was

14  constructed in conformance with all applicable building and

15  life safety codes, it shall be deemed to meet the requirements

16  for use and occupancy as an educational facility subject only

17  to the provisions of this subsection.

18         Section 7.  Paragraph (b) of subsection (1) and

19  paragraph (b) of subsection (5) of section 235.199, Florida

20  Statutes, are amended to read:

21         235.199  Cooperative funding of vocational educational

22  facilities.--

23         (1)  Each district school board operating a designated

24  area technical center may submit, prior to August 1 of each

25  year, a request to the commissioner for funds from the Public

26  Education Capital Outlay and Debt Service Trust Fund to plan,

27  construct, and equip a career educational facility identified

28  as being critical to the economic development and the

29  workforce needs of the school district.  Prior to submitting a

30  request, each school district shall:

31

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  1         (b)  Except as provided in paragraph (5)(b), levy a

  2  millage or surtax, or combination thereof, under s. 236.25(2)

  3  which generates an amount that is at least equal to the amount

  4  that would be generated by levy of the maximum millage rate

  5  authorized by the maximum millage against the nonexempt

  6  assessed property value as provided in s. 236.25(2).

  7         (5)

  8         (b)  If In the event that a school district is not

  9  imposing a levy at the rate required by levying the maximum

10  millage against the nonexempt assessed property value pursuant

11  to paragraph (1)(b), state and school district funding

12  pursuant to paragraph (a) shall be reduced by the same

13  proportion as the rate of the actual levy millage actually

14  being levied bears to the rate required by paragraph (1)(b)

15  maximum allowable millage.

16         Section 8.  Paragraph (a) of subsection (2) and

17  paragraph (c) of subsection (3) of section 235.435, Florida

18  Statutes, are amended to read:

19         235.435  Funds for comprehensive educational plant

20  needs; construction cost maximums for school district capital

21  projects.--Allocations from the Public Education Capital

22  Outlay and Debt Service Trust Fund to the various boards for

23  capital outlay projects shall be determined as follows:

24         (2)(a)  The department shall establish, as a part of

25  the Public Education Capital Outlay and Debt Service Trust

26  Fund, a separate account, in an amount determined by the

27  Legislature, to be known as the "Special Facility Construction

28  Account." The Special Facility Construction Account shall be

29  used to provide necessary construction funds to school

30  districts which have urgent construction needs but which lack

31  sufficient resources at present, and cannot reasonably

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  1  anticipate sufficient resources within the period of the next

  2  3 years, for these purposes from currently authorized sources

  3  of capital outlay revenue.  A school district requesting

  4  funding from the Special Facility Construction Account shall

  5  submit one specific construction project, not to exceed one

  6  complete educational plant, to the Special Facility

  7  Construction Committee. No district shall receive funding for

  8  more than one approved project in any 3-year period. The first

  9  year of the 3-year period shall be the first year a district

10  receives an appropriation. The department shall encourage a

11  construction program that reduces the average size of schools

12  in the district. The request must meet the following criteria

13  to be considered by the committee:

14         1.  The project must be deemed a critical need and must

15  be recommended for funding by the Special Facility

16  Construction Committee.  Prior to developing plans for the

17  proposed facility, the district school board must request a

18  preapplication review by the Special Facility Construction

19  Committee or a project review subcommittee convened by the

20  committee to include two representatives of the department and

21  two staff from school districts other than the district

22  submitting the project.  Within 60 days after receiving the

23  preapplication review request, the committee or subcommittee

24  must meet in the school district to review the project

25  proposal and existing facilities.  To determine whether the

26  proposed project is a critical need, the committee or

27  subcommittee shall consider, at a mimimum, the capacity of all

28  existing facilities within the district as determined by the

29  Florida Inventory of School Houses; the district's pattern of

30  student growth; the district's existing and projected capital

31  outlay full-time equivalent student enrollment as determined

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  1  by the department; the district's existing satisfactory

  2  student stations; the use of all existing district property

  3  and facilities; grade level configurations; and any other

  4  information that may affect the need for the proposed project.

  5         2.  The construction project must be recommended in the

  6  most recent survey or surveys by the district under the rules

  7  of the State Board of Education.

  8         3.  The construction project must appear on the

  9  district's approved project priority list under the rules of

10  the State Board of Education.

11         4.  The district must have selected and had approved a

12  site for the construction project in compliance with s. 235.19

13  and the rules of the State Board of Education.

14         5.  The district shall have developed a school board

15  adopted list of facilities that do not exceed the norm for net

16  square feet occupancy requirements under the State

17  Requirements for Educational Facilities, using all possible

18  programmatic combinations for multiple use of space to obtain

19  maximum daily use of all spaces within the facility under

20  consideration.

21         6.  Upon construction, the total cost per student

22  station, including change orders, must not exceed the cost per

23  student station as provided in subsection (6).

24         7.  There shall be an agreement signed by the district

25  school board stating that it will advertise for bids within 30

26  days of receipt of its encumbrance authorization from the

27  department.

28         8.  The district shall, at the time of the request and

29  for a continuing period of 3 years, levy a millage or surtax,

30  or combination thereof, under the maximum millage against

31  their nonexempt assessed property value as allowed in s.

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  1  236.25(2) which generates an amount that is at least equal to

  2  the amount that would be generated by levy of the maximum

  3  millage rate authorized by s. 236.25(2). Effective July 1,

  4  1991, any district with a new or active project, funded under

  5  the provisions of this subsection, shall be required to budget

  6  no more than the value of 1.5 mills per year to the project to

  7  satisfy the annual participation requirement in the Special

  8  Facility Construction Account.

  9         9.  If a contract has not been signed 90 days after the

10  advertising of bids, the funding for the specific project

11  shall revert to the Special Facility New Construction Account

12  to be reallocated to other projects on the list.  However, an

13  additional 90 days may be granted by the commissioner.

14         10.  The department shall certify the inability of the

15  district to fund the survey-recommended project over a

16  continuous 3-year period using projected capital outlay

17  revenue derived from s. 9(d), Art. XII of the State

18  Constitution, as amended, paragraph (3)(a) of this section,

19  and s. 236.25(2).

20         11.  The district shall have on file with the

21  department an adopted resolution acknowledging its 3-year

22  commitment of all unencumbered and future revenue acquired

23  from s. 9(d), Art. XII of the State Constitution, as amended,

24  paragraph (3)(a) of this section, and s. 236.25(2).

25         12.  Final phase III plans must be certified by the

26  board as complete and in compliance with the building and life

27  safety codes prior to August 1.

28         (3)

29         (c)  A district school board may lease relocatable

30  educational facilities for up to 3 years using nonbonded PECO

31  funds and for any time period using local capital outlay

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    Florida House of Representatives - 2001                HB 1331

    769-103-01






  1  millage or local option sales surtax revenues authorized by s.

  2  212.055(8).

  3         Section 9.  This act shall take effect July 1, 2001, if

  4  Senate Bill _____ or similar legislation creating the School

  5  District Capital Outlay Trust Fund is adopted in the same

  6  legislative session or an extension thereof and becomes law.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10    Provides for transfer of a portion of nonrecurring
      intangible personal property tax revenues to the School
11    District Capital Outlay Trust Fund. Provides for
      distribution of a portion of such revenues to school
12    districts that collected impact fee revenues in fiscal
      year 2000-2001 to supplant such impact fees. Provides
13    requirements for distribution of the remainder of such
      revenues to all school districts. Provides that school
14    boards may levy by resolution a local option sales surtax
      in lieu of levying all or a part of the nonvoted district
15    school capital improvement millage, for the same uses as
      are authorized for such millage. Provides that a county
16    in which the school board is receiving such intangible
      tax revenues or levying the local option sales surtax is
17    prohibited from levying school impact fees.

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