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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