House Bill hb2001

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    Florida House of Representatives - 2002                HB 2001

        By the Committee on Local Government & Veterans Affairs
    and Representatives Attkisson and Bennett





  1                      A bill to be entitled

  2         An act relating to educational facilities

  3         benefit districts; creating s. 235.1851, F.S.;

  4         providing legislative intent; authorizing the

  5         creation of educational facilities benefit

  6         districts pursuant to interlocal agreement;

  7         providing for creation of an educational

  8         facilities benefit district through adoption of

  9         an ordinance; specifying content of such

10         ordinances; providing for the creating entity

11         to be the local general purpose government

12         within whose boundaries a majority of the

13         educational facilities benefit district's lands

14         are located; providing that educational

15         facilities benefit districts may only be

16         created with the consent of the district school

17         board, all affected local general purpose

18         governments, and all landowners within the

19         district; providing for the membership of the

20         governing boards of educational facilities

21         benefit districts; providing the powers of

22         educational facilities benefit districts;

23         authorizing community development districts,

24         created pursuant to ch. 190, F.S., to be

25         eligible for financial enhancements available

26         to educational facilities benefit districts;

27         conditioning such eligibility upon the

28         establishment of an interlocal agreement;

29         creating s. 235.1852, F.S.; providing funding

30         for educational facilities benefit districts

31         and community development districts; creating

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  1         s. 235.1853, F.S.; providing for the

  2         utilization of educational facilities built

  3         pursuant to this act; providing an effective

  4         date.

  5

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

  7

  8         Section 1.  Section 235.1851, Florida Statutes, is

  9  created to read:

10         235.1851  Educational facilities benefit districts.--

11         (1)  It is the intent of the Legislature to encourage

12  and authorize public cooperation among district school boards,

13  affected local general purpose governments, and benefited

14  private interests in order to implement financing for timely

15  construction and maintenance of school facilities, including

16  facilities identified in individual district facilities work

17  programs or proposed by approved charter schools.  It is the

18  further intent of the Legislature to provide efficient

19  alternative mechanisms and incentives to allow for sharing

20  costs of educational facilities necessary to accommodate new

21  growth and development among public agencies, including

22  district school boards, affected local general purpose

23  governments, and benefited private development interests.

24         (2)  The Legislature hereby authorizes the creation of

25  educational facilities benefit districts pursuant to

26  interlocal cooperation agreements between a district school

27  board and all local general purpose governments within whose

28  jurisdiction a district is located.  The purpose of

29  educational facilities benefit districts is to assist in

30  financing the construction and maintenance of educational

31  facilities.

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  1         (3)(a)  An educational facilities benefit district may

  2  be created pursuant to this act and chapters 125, 163, 166,

  3  and 189.  An educational facilities benefit district charter

  4  may be created by a county or municipality by entering into an

  5  interlocal agreement, as authorized by s. 163.01, with the

  6  district school board and any local general purpose government

  7  within whose jurisdiction a portion of the district is located

  8  and adoption of an ordinance that includes all provisions

  9  contained within s. 189.4041.  The creating entity shall be

10  the local general purpose government within whose boundaries a

11  majority of the educational facilities benefit district's

12  lands are located.

13         (b)  Creation of any educational facilities benefit

14  district shall be conditioned upon the consent of the district

15  school board, all local general purpose governments within

16  whose jurisdiction any portion of the educational facilities

17  benefit district is located, and all landowners within the

18  district. The membership of the governing board of any

19  educational facilities benefit district shall include

20  representation of the district school board, each cooperating

21  local general purpose government, and the landowners within

22  the district.  In the case of an educational facilities

23  benefit district's decision to create a charter school, the

24  board of directors of the charter school shall constitute the

25  members of the governing board for the educational facilities

26  benefit district.

27         (4)  The educational facilities benefit district shall

28  have, and its governing board may exercise, the following

29  powers:

30         (a)  To finance and construct educational facilities

31  within the district's boundaries.

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  1         (b)  To sue and be sued in the name of the district; to

  2  adopt and use a seal and authorize the use of a facsimile

  3  thereof; to acquire, by purchase, gift, devise, or otherwise,

  4  and to dispose of real and personal property or any estate

  5  therein; and to make and execute contracts and other

  6  instruments necessary or convenient to the exercise of its

  7  powers.

  8         (c)  To apply for coverage of its employees under the

  9  Florida Retirement System in the same manner as if such

10  employees were state employees, subject to necessary action by

11  the district to pay employer contributions into the state

12  retirement fund.

13         (d)  To contract for the services of consultants to

14  perform planning, engineering, legal, or other appropriate

15  services of a professional nature.  Such contracts shall be

16  subject to the public bidding or competitive negotiations

17  required of local general purpose governments.

18         (e)  To borrow money and accept gifts; to apply for

19  unused grants or loans of money or other property from the

20  United States, the state, a unit of local government, or any

21  person for any district purposes and enter into agreements

22  required in connection therewith; and to hold, use, and

23  dispose of such moneys or property for any district purposes

24  in accordance with the terms of the gift, grant, loan, or

25  agreement relating thereto.

26         (f)  To adopt resolutions and polices prescribing the

27  powers, duties, and functions of the officers of the district,

28  the conduct of the business of the district, and the

29  maintenance of records and documents of the district.

30         (g)  To maintain an office at such place or places as

31  it may designate within the district or within the boundaries

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  1  of the local general purpose government that created the

  2  district.

  3         (h)  To hold, control, and acquire by donation,

  4  purchase, or condemnation pursuant to chapter 73 or chapter 74

  5  if authorized by all governmental entities that are party to

  6  the interlocal agreement, or dispose of any public easements,

  7  dedication to public use, platted reservations for public

  8  purposes, or any reservations for those purposes authorized by

  9  this act and to make use of such easements, dedications, or

10  reservations for any of the purposes authorized by this act.

11         (i)  To lease as lessor or lessee to or from any

12  person, firm, corporation, association, or body, public or

13  private, any projects of the type that the district is

14  authorized to undertake and facilities or property of any

15  nature for use of the district to carry out any of the

16  purposes authorized by this act.

17         (j)  To borrow money and issue bonds, certificates,

18  warrants, notes, or other evidence of indebtedness pursuant to

19  this act for periods not longer than 30 years, provided such

20  bonds, certificates, warrants, notes, or other indebtedness

21  shall only be guaranteed by non-ad valorem assessments legally

22  imposed by the district and other available sources of funds

23  provided in this act and shall not pledge the full faith and

24  credit of any local general purpose government or the district

25  school board.

26         (k)  To cooperate with or contract with other

27  governmental agencies as may be necessary, convenient,

28  incidental, or proper in connection with any of the powers,

29  duties, or purposes authorized by this act and to accept

30  funding from local and state agencies as provided in this act.

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  1         (l)  To levy, impose, collect, and enforce non-ad

  2  valorem assessments, as defined by s. 197.3632(1)(d), pursuant

  3  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,

  4  and 197.3635.

  5         (m)  To exercise all powers necessary, convenient,

  6  incidental, or proper in connection with any of the powers,

  7  duties, or purposes authorized by this act.

  8         (5)  As an alternative to the creation of an

  9  educational facilities benefit district, the Legislature

10  hereby recognizes and encourages the consideration of

11  community development district creation pursuant to chapter

12  190 as a viable alternative for financing the construction and

13  maintenance of educational facilities as described in this

14  act.  Community development districts are therefore deemed

15  eligible for the financial enhancements available to

16  educational facilities benefit districts providing for

17  financing the construction and maintenance of educational

18  facilities pursuant to s. 235.1852.  In order to receive such

19  financial enhancements, a community development district must

20  enter into an interlocal agreement with the district school

21  board and affected local general purpose governments that

22  specifies the obligations of all parties to the agreement.

23         Section 2.  Section 235.1852, Florida Statutes, is

24  created to read:

25         235.1852  Local funding for educational facilities

26  benefit districts or community development districts.--Upon

27  confirmation by a district school board of the commitment of

28  revenues by an educational facilities benefit district or

29  community development district necessary to construct and

30  maintain an educational facility contained within an

31  individual district facilities work program or proposed by an

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  1  approved charter school, the following funds shall be provided

  2  to the educational facilities benefit district or community

  3  development district annually, beginning with the next fiscal

  4  year after confirmation until the district's financial

  5  obligations are completed:

  6         (1)  An annual amount equal to 1 mill of taxation for

  7  all taxable property within the educational facilities benefit

  8  district or community development district, contributed by the

  9  district school board.

10         (2)  All educational facilities impact fee revenue

11  collected for new development within the educational

12  facilities benefit district or community development district.

13         Section 3.  Section 235.1853, Florida Statutes, is

14  created to read:

15         235.1853  Educational facilities benefit district or

16  community development district facility utilization.--All

17  facilities funded pursuant to this act shall reflect the

18  racial balance of the school district pursuant to state and

19  federal law.  However, to the extent allowable pursuant to

20  state and federal law, the interlocal agreement providing for

21  the establishment of the educational facilities benefit

22  district or the interlocal agreement between the community

23  development district and the district school board and

24  affected local general purpose governments may provide for the

25  district school board to establish school attendance zones

26  that allow students residing within a reasonable distance of

27  facilities financed through the interlocal agreement to attend

28  such facilities.

29         Section 4.  This act shall take effect upon becoming a

30  law.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes the creation of educational facilities benefit
  4    districts pursuant to interlocal agreement. Provides for
      creation of an educational facilities benefit district
  5    through adoption of an ordinance. Provides for the
      creating entity to be the local general purpose
  6    government within whose boundaries a majority of the
      educational facilities benefit district's lands are
  7    located. Provides that educational facilities benefit
      districts may only be created with the consent of the
  8    district school board, all affected local general purpose
      governments, and all landowners within the district.
  9    Provides for the membership of the governing boards of
      educational facilities benefit districts. Provides the
10    powers of educational facilities benefit districts.
      Authorizes community development districts, created
11    pursuant to ch. 190, F.S., to be eligible for financial
      enhancements available to educational facilities benefit
12    districts. Provides funding for educational facilities
      benefit districts and community development districts.
13    Provides for the utilization of educational facilities
      built pursuant to this act.
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