Senate Bill sb1872c1
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Florida Senate - 2001 CS for SB 1872
By the Committee on Finance and Taxation; and Senator Carlton
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1 A bill to be entitled
2 An act relating to the district school tax;
3 amending s. 236.25, F.S.; allowing certain
4 school districts to levy, by referendum,
5 additional district school taxes; providing
6 limitations on the uses of the resulting
7 revenues; amending s. 236.31, F.S.; providing
8 for millage elections pursuant to s. 236.25,
9 F.S.; amending s. 236.32, F.S.; revising the
10 procedures for conducting school district
11 millage elections; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (6) is added to section 236.25,
16 Florida Statutes, to read:
17 236.25 District school tax.--
18 (6) In addition to the maximum millage levied under
19 this section and the General Appropriations Act, a school
20 district may levy, by local referendum or in a general
21 election, additional millage for school operational purposes
22 up to an amount that, when combined with nonvoted millage
23 levied under this section, does not exceed the 10-mill limit
24 established in s. 9(b), Art. VII of the State Constitution.
25 Any such levy shall be for a maximum of 4 years and shall be
26 counted as part of the 10-mill limit established in s. 9(b),
27 Art. VII of the State Constitution. Millage elections
28 conducted under the authority granted pursuant to this section
29 are subject to ss. 236.31 and 236.32. Funds generated by such
30 additional millage do not become a part of the calculation of
31 the Florida Education Finance Program total potential funds in
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Florida Senate - 2001 CS for SB 1872
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1 2001-2002 or any subsequent year and must not be incorporated
2 in the calculation of any hold-harmless or other component of
3 the Florida Education Finance Program formula in any year.
4 Section 2. Section 236.31, Florida Statutes, is
5 amended to read:
6 236.31 District millage elections.--
7 (1) The school board, pursuant to resolution adopted
8 at a regular meeting, shall direct the county commissioners to
9 call an election at which the electors within the school
10 districts may approve an ad valorem tax millage as authorized
11 in s. 9, Art. VII of the State Constitution. Such election may
12 be held at any time, except that not more than one such
13 election shall be held during any 12-month period. Any
14 millage so authorized shall be levied for a period not in
15 excess of 2 years or until changed by another millage
16 election, whichever is the earlier. In the event any such
17 election is invalidated by a court of competent jurisdiction,
18 such invalidated election shall be considered not to have been
19 held.
20 (2) The school board, pursuant to resolution adopted
21 at a regular meeting, shall direct the county commissioners to
22 call an election at which the electors within the school
23 district may approve an ad valorem tax millage as authorized
24 under s. 236.25(6). Such election may be held at any time,
25 except that not more than one such election shall be held
26 during any 12-month period. Any millage so authorized shall be
27 levied for a period not in excess of 4 years or until changed
28 by another millage election, whichever is earlier. If any such
29 election is invalidated by a court of competent jurisdiction,
30 such invalidated election shall be considered not to have been
31 held.
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Florida Senate - 2001 CS for SB 1872
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1 Section 3. Section 236.32, Florida Statutes, is
2 amended to read:
3 (Substantial rewording of section. See
4 s. 236.32, F.S., for present text.)
5 236.32 Procedures for holding and conducting school
6 district millage elections.--
7 (1) HOLDING ELECTIONS.--All school district millage
8 elections shall be held and conducted in the manner prescribed
9 by law for holding general elections, except as provided in
10 this chapter.
11 (2) FORM OF BALLOT.--
12 (a) The school board may propose a single millage or
13 two millages, with one for operating expenses and another for
14 a local capital improvement reserve fund. When two millage
15 figures are proposed, each millage must be voted on
16 separately.
17 (b) The school board shall provide the wording of the
18 substance of the measure and the ballot title in the
19 resolution calling for the election. The wording of the
20 ballot must conform to the provisions of s. 101.161.
21 (3) QUALIFICATION OF ELECTORS.--All qualified electors
22 of the school district are entitled to vote in the election to
23 set the school tax district millage levy.
24 (4) RESULTS OF ELECTION.--When the school board
25 proposes one tax levy for operating expenses and another for
26 the local capital improvement reserve fund, the results shall
27 be considered separately. The tax levy shall be levied only
28 in case a majority of the electors participating in the
29 election vote in favor of the proposed special millage.
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Florida Senate - 2001 CS for SB 1872
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1 (5) EXPENSES OF ELECTION.--The cost of the publication
2 of the notice of the election and all expenses of the election
3 in the school district shall be paid by the school board.
4 Section 4. This act shall take effect July 1, 2001.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 SB 1872
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9 This committee substitute removes the requirement that a
school board be operating under a Seal of Best Financial
10 Management in order to levy the millage authorized by this
committee substitute. It provides a mechanism by which a
11 school board may call for an election to approve the millage,
and prescribes procedures for such elections.
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