Senate Bill sb1418c1

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    Florida Senate - 2003                           CS for SB 1418

    By the Committee on Education; and Senator Clary





    304-2203-03

  1                      A bill to be entitled

  2         An act relating to funding for school

  3         districts; authorizing district school boards

  4         to expend in their operating budgets nonvoted

  5         capital improvement millage; specifying certain

  6         conditions and restrictions; providing for

  7         transfer of proceeds by budget amendment

  8         approved by the district school board;

  9         providing an effective date.

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

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13         Section 1.  (1)  Notwithstanding any other provision of

14  law, if a district school board or the governing authority in

15  a county is levying, or in the past 10 years has levied, at

16  least a 0.5-percent sales surtax for public school capital

17  outlay authorized by section 212.055, Florida Statutes, the

18  district school board is authorized to expend in its operating

19  budget as nonrecurring funds up to 2 mills of its nonvoted

20  capital improvement millage levied pursuant to section

21  1011.71(2), Florida Statutes, to fund up to the state average

22  of per-student funding. This authorized use of proceeds from

23  the millage levy is in addition to the authorized uses set

24  forth in section 1011.71, Florida Statutes. Any proceeds from

25  this millage levy shall be transferred by budget amendment

26  approved by the district school board at a regular meeting of

27  the district school board.

28         (2)  A district school board shall be authorized to

29  expend in its operating budget the nonvoted capital

30  improvement millage specified in subsection (1) for 10 years

31  after the date the sales surtax specified in subsection (1)

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    Florida Senate - 2003                           CS for SB 1418
    304-2203-03




 1  expires.  Such expenditures are restricted to those that will

 2  not constitute a recurring obligation following the 10-year

 3  period.  For each year the school district board expends in

 4  its operating budget the nonvoted capital improvement millage

 5  specified in subsection (1), the district school board shall

 6  submit to the Department of Education certified notice that

 7  such recurring obligation has not been entered into.

 8         (3)  The district school board shall also submit to the

 9  Department of Education certified notice that, for 5 years

10  following each year it expends in its operating budget the

11  nonvoted capital improvement millage specified in subsection

12  (1), the district school board will fulfill its obligation

13  needs as delineated through the district 5-year work plan and

14  required for purposes of compliance with the class size

15  reduction schedule as enacted by the Legislature through a

16  combination of the district's share of legislative

17  appropriations as appropriated to all districts, locally voted

18  and nonvoted revenues, and bonds or certificates of

19  participation financed through locally generated revenue. If a

20  school received a grade of "F" the previous year, the district

21  school board of the school district in which the school is

22  located may not use the proceeds from the millage levy

23  pursuant to subsection (1).

24         (4)  To use the proceeds from the millage levy pursuant

25  to subsection (1), the population of a county in which the

26  school district is located must not exceed 500,000.

27         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                           CS for SB 1418
    304-2203-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1418

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 4  The Committee Substitute limits the amount of nonvoted millage
    that can be transferred to the operating budget.  Only funds
 5  sufficient to raise the per-student funding to the state
    average may be transferred.
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    The school district is required to certify to the State Board
 7  of Education that the transfer does not create a recurring
    obligation on the district.  The district must also certify
 8  that it will still be able to meet the facilities obligations
    of the district.  These obligations include accomplishing the
 9  projects on the district's 5-year work plan and remaining in
    compliance with the constitutional class size schedule adopted
10  by the Legislature.

11  Restrictions are placed on districts that may participate. If
    a district has an "F" school or if the district population
12  exceeds 500,000, the district may not transfer funds from the
    nonvoted millage to the operating budget.
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