Senate Bill sb1872e1

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    CS for SB 1872                           First Engrossed (ntc)



  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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    CS for SB 1872                           First Engrossed (ntc)



  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. If

  4  an increase in required local effort, when added to existing

  5  millage levied under the 10-mill limit, would result in a

  6  combined millage in excess of the 10-mill limit, any millage

  7  levied pursuant to this subsection shall be considered to be

  8  required local effort to the extent that the district millage

  9  would otherwise exceed the 10-mill limit.

10         Section 2.  Section 236.31, Florida Statutes, is

11  amended to read:

12         236.31  District millage elections.--

13         (1)  The school board, pursuant to resolution adopted

14  at a regular meeting, shall direct the county commissioners to

15  call an election at which the electors within the school

16  districts may approve an ad valorem tax millage as authorized

17  in s. 9, Art. VII of the State Constitution. Such election may

18  be held at any time, except that not more than one such

19  election shall be held during any 12-month period.  Any

20  millage so authorized shall be levied for a period not in

21  excess of 2 years or until changed by another millage

22  election, whichever is the earlier.  In the event any such

23  election is invalidated by a court of competent jurisdiction,

24  such invalidated election shall be considered not to have been

25  held.

26         (2)  The school board, pursuant to resolution adopted

27  at a regular meeting, shall direct the county commissioners to

28  call an election at which the electors within the school

29  district may approve an ad valorem tax millage as authorized

30  under s. 236.25(6). Such election may be held at any time,

31  except that not more than one such election shall be held


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    CS for SB 1872                           First Engrossed (ntc)



  1  during any 12-month period. Any millage so authorized shall be

  2  levied for a period not in excess of 4 years or until changed

  3  by another millage election, whichever is earlier. If any such

  4  election is invalidated by a court of competent jurisdiction,

  5  such invalidated election shall be considered not to have been

  6  held.

  7         Section 3.  Section 236.32, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

10         s. 236.32, F.S., for present text.)

11         236.32  Procedures for holding and conducting school

12  district millage elections.--

13         (1)  HOLDING ELECTIONS.--All school district millage

14  elections shall be held and conducted in the manner prescribed

15  by law for holding general elections, except as provided in

16  this chapter.

17         (2)  FORM OF BALLOT.--

18         (a)  The school board may propose a single millage or

19  two millages, with one for operating expenses and another for

20  a local capital improvement reserve fund.  When two millage

21  figures are proposed, each millage must be voted on

22  separately.

23         (b)  The school board shall provide the wording of the

24  substance of the measure and the ballot title in the

25  resolution calling for the election.  The wording of the

26  ballot must conform to the provisions of s. 101.161.

27         (3)  QUALIFICATION OF ELECTORS.--All qualified electors

28  of the school district are entitled to vote in the election to

29  set the school tax district millage levy.

30         (4)  RESULTS OF ELECTION.--When the school board

31  proposes one tax levy for operating expenses and another for


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    CS for SB 1872                           First Engrossed (ntc)



  1  the local capital improvement reserve fund, the results shall

  2  be considered separately.  The tax levy shall be levied only

  3  in case a majority of the electors participating in the

  4  election vote in favor of the proposed special millage.

  5         (5)  EXPENSES OF ELECTION.--The cost of the publication

  6  of the notice of the election and all expenses of the election

  7  in the school district shall be paid by the school board.

  8         Section 4.  This act shall take effect July 1, 2001.

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