CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Attkisson offered the following:
12
13 Amendment
14 Remove everything after the enacting clause
15
16 and insert:
17 Section 1. Section 235.1851, Florida Statutes, is
18 created to read:
19 235.1851 Educational facilities benefit districts.--
20 (1) It is the intent of the Legislature to encourage
21 and authorize public cooperation among district school boards,
22 affected local general purpose governments, and benefited
23 private interests in order to implement financing for timely
24 construction and maintenance of school facilities, including
25 facilities identified in individual district facilities work
26 programs or proposed by charter schools. It is the further
27 intent of the Legislature to provide efficient alternative
28 mechanisms and incentives to allow for sharing costs of
29 educational facilities necessary to accommodate new growth and
30 development among public agencies, including district school
31 boards, affected local general purpose governments, and
1
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 benefited private development interests.
2 (2) The Legislature hereby authorizes the creation of
3 educational facilities benefit districts pursuant to
4 interlocal cooperation agreements between a district school
5 board and all local general purpose governments within whose
6 jurisdiction a district is located. The purpose of
7 educational facilities benefit districts is to assist in
8 financing the construction and maintenance of educational
9 facilities.
10 (3)(a) An educational facilities benefit district may
11 be created pursuant to this act and chapters 125, 163, 166,
12 and 189. An educational facilities benefit district charter
13 may be created by a county or municipality by entering into an
14 interlocal agreement, as authorized by s. 163.01, with the
15 district school board and any local general purpose government
16 within whose jurisdiction a portion of the district is located
17 and adoption of an ordinance that includes all provisions
18 contained within s. 189.4041. The creating entity shall be
19 the local general purpose government within whose boundaries a
20 majority of the educational facilities benefit district's
21 lands are located.
22 (b) Creation of any educational facilities benefit
23 district shall be conditioned upon the consent of the district
24 school board, all local general purpose governments within
25 whose jurisdiction any portion of the educational facilities
26 benefit district is located, and all landowners within the
27 district. The membership of the governing board of any
28 educational facilities benefit district shall include
29 representation of the district school board, each cooperating
30 local general purpose government, and the landowners within
31 the district. In the case of an educational facilities
2
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 benefit district's decision to create a charter school, the
2 board of directors of the charter school may constitute the
3 members of the governing board for the educational facilities
4 benefit district.
5 (4) The educational facilities benefit district shall
6 have, and its governing board may exercise, the following
7 powers:
8 (a) To finance and construct educational facilities
9 within the district's boundaries.
10 (b) To sue and be sued in the name of the district; to
11 adopt and use a seal and authorize the use of a facsimile
12 thereof; to acquire, by purchase, gift, devise, or otherwise,
13 and to dispose of real and personal property or any estate
14 therein; and to make and execute contracts and other
15 instruments necessary or convenient to the exercise of its
16 powers.
17 (c) To contract for the services of consultants to
18 perform planning, engineering, legal, or other appropriate
19 services of a professional nature. Such contracts shall be
20 subject to the public bidding or competitive negotiations
21 required of local general purpose governments.
22 (d) To borrow money and accept gifts; to apply for
23 unused grants or loans of money or other property from the
24 United States, the state, a unit of local government, or any
25 person for any district purposes and enter into agreements
26 required in connection therewith; and to hold, use, and
27 dispose of such moneys or property for any district purposes
28 in accordance with the terms of the gift, grant, loan, or
29 agreement relating thereto.
30 (e) To adopt resolutions and polices prescribing the
31 powers, duties, and functions of the officers of the district,
3
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 the conduct of the business of the district, and the
2 maintenance of records and documents of the district.
3 (f) To maintain an office at such place or places as
4 it may designate within the district or within the boundaries
5 of the local general purpose government that created the
6 district.
7 (g) To lease as lessor or lessee to or from any
8 person, firm, corporation, association, or body, public or
9 private, any projects of the type that the district is
10 authorized to undertake and facilities or property of any
11 nature for use of the district to carry out any of the
12 purposes authorized by this act.
13 (h) To borrow money and issue bonds, certificates,
14 warrants, notes, or other evidence of indebtedness pursuant to
15 this act for periods not longer than 30 years, provided such
16 bonds, certificates, warrants, notes, or other indebtedness
17 shall only be guaranteed by non-ad valorem assessments legally
18 imposed by the district and other available sources of funds
19 provided in this act and shall not pledge the full faith and
20 credit of any local general purpose government or the district
21 school board.
22 (i) To cooperate with or contract with other
23 governmental agencies as may be necessary, convenient,
24 incidental, or proper in connection with any of the powers,
25 duties, or purposes authorized by this act and to accept
26 funding from local and state agencies as provided in this act.
27 (j) To levy, impose, collect, and enforce non-ad
28 valorem assessments, as defined by s. 197.3632(1)(d), pursuant
29 to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
30 and 197.3635.
31 (k) To exercise all powers necessary, convenient,
4
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 incidental, or proper in connection with any of the powers,
2 duties, or purposes authorized by this act.
3 (5) As an alternative to the creation of an
4 educational facilities benefit district, the Legislature
5 hereby recognizes and encourages the consideration of
6 community development district creation pursuant to chapter
7 190 as a viable alternative for financing the construction and
8 maintenance of educational facilities as described in this
9 act. Community development districts are therefore deemed
10 eligible for the financial enhancements available to
11 educational facilities benefit districts providing for
12 financing the construction and maintenance of educational
13 facilities pursuant to s. 235.1852. In order to receive such
14 financial enhancements, a community development district must
15 enter into an interlocal agreement with the district school
16 board and affected local general purpose governments that
17 specifies the obligations of all parties to the agreement.
18 Section 2. Section 235.1852, Florida Statutes, is
19 created to read:
20 235.1852 Local funding for educational facilities
21 benefit districts or community development districts.--Upon
22 confirmation by a district school board of the commitment of
23 revenues by an educational facilities benefit district or
24 community development district necessary to construct and
25 maintain an educational facility contained within an
26 individual district facilities work program or proposed by an
27 approved charter school or a charter school applicant, the
28 following funds shall be provided to the educational
29 facilities benefit district or community development district
30 annually, beginning with the next fiscal year after
31 confirmation until the district's financial obligations are
5
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 completed:
2 (1) All educational facilities impact fee revenue
3 collected for new development within the educational
4 facilities benefit district or community development district.
5 Funds provided under this subsection shall be used to fund the
6 construction and capital maintenance costs of educational
7 facilities.
8 (2) For construction and capital maintenance costs not
9 covered by the funds provided under subsection (1), an annual
10 amount contributed by the district school board equal to
11 one-half of the remaining costs of construction and capital
12 maintenance of the educational facility. Any construction
13 costs above the cost-per-student criteria established for the
14 SIT Program in s. 235.216(2) shall be funded exclusively by
15 the educational facilities benefit district or the community
16 development district. Funds contributed by a district school
17 board shall not be used to fund operational costs.
18
19 Educational facilities funded pursuant to this act may be
20 constructed on land that is owned by any person after the
21 district school board has acquired from the owner of the land
22 a long-term lease for the use of this land for a period of not
23 less than 40 years or the life expectancy of the permanent
24 facilities constructed thereon, whichever is longer. All
25 interlocal agreements entered into pursuant to this act shall
26 provide for ownership of educational facilities funded
27 pursuant to this act to revert to the district school board if
28 such facilities cease to be used for public educational
29 purposes prior to 40 years after construction or prior to the
30 end of the life expectancy of the educational facilities,
31 whichever is longer.
6
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213
HOUSE AMENDMENT
743-118AX-38 Bill No. HB 2001
Amendment No. ___ (for drafter's use only)
1 Section 3. Section 235.1853, Florida Statutes, is
2 created to read:
3 235.1853 Educational facilities benefit district or
4 community development district facility utilization.--The
5 student population of all facilities funded pursuant to this
6 act shall reflect the racial balance of the school district
7 pursuant to state and federal law. However, to the extent
8 allowable pursuant to state and federal law, the interlocal
9 agreement providing for the establishment of the educational
10 facilities benefit district or the interlocal agreement
11 between the community development district and the district
12 school board and affected local general purpose governments
13 may provide for the district school board to establish school
14 attendance zones that allow students residing within a
15 reasonable distance of facilities financed through the
16 interlocal agreement to attend such facilities.
17 Section 4. This act shall take effect upon becoming a
18 law.
19
20
21
22
23
24
25
26
27
28
29
30
31
7
File original & 9 copies 03/12/02
hbd0005 06:22 pm 02001-0079-923213