HB 0071 2003
1	CHAMBER ACTION
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6	The Committee on Education K-20 recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to funding for school districts;
12	authorizing district school boards to expend in their
13	operating budgets nonvoted capital improvement millage;
14	specifying certain conditions and restrictions; providing
15	for transfer of proceeds by budget amendment approved by
16	the district school board; requiring fulfillment of
17	district school board obligations; providing an effective
18	date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. (1) Notwithstanding any other provision of
23	law, if a district school board or the governing authority in a
24	county is levying, or in the past 10 years has levied, at least
25	a 0.5-percent sales surtax for public school capital outlay
26	authorized by s. 212.055, Florida Statutes, the district school
27	board is authorized to expend in its operating budget as
28	nonrecurring funds up to 2 mills of its nonvoted capital
29	improvement millage levied pursuant to s. 1011.71(2), Florida
30	Statutes, to fund up to the state average of per-student
31	funding. This authorized use of proceeds from the millage levy
32	is in addition to the authorized uses set forth in s. 1011.71,
33	Florida Statutes. Any proceeds from this millage levy shall be
34	transferred by budget amendment approved by the district school
35	board at a regular meeting of the district school board.
36	(2) A district school board shall be authorized to expend
37	in its operating budget the nonvoted capital improvement millage
38	specified in subsection (1) for 10 years after the date the
39	sales surtax specified in subsection (1) expires. Such
40	expenditures are restricted to those that will not constitute a
41	recurring obligation following the 10-year period. For each year
42	the district school board expends in its operating budget the
43	nonvoted capital improvement millage specified in subsection
44	(1), the district school board shall submit to the Department of
45	Education certified notice that such recurring obligation has
46	not been entered into.
47	(3) Beginning in 2004 and until 2008, the Department of
48	Education shall determine by January 15 of each year if a
49	district school board expending flexible funds under this
50	section has met the two-student-per-year reduction required by
51	the class size reduction schedule adopted by the Legislature. If
52	a school district is found by the department not to have met the
53	class size reduction schedule for the preceding year, the school
54	district may not use the proceeds from the millage levy pursuant
55	to subsection (1) in any following year.
56	(4) The district school board shall also submit to the
57	Department of Education certified notice that, for 5 years
58	following each year it expends in its operating budget the
59	nonvoted capital improvement millage specified in subsection
60	(1), the district school board will fulfill its obligation needs
61	as delineated through the district 5-year work plan and required
62	for purposes of compliance with the class size reduction
63	schedule, as enacted by the Legislature, through a combination
64	of the school district's share of legislative appropriations as
65	appropriated to all school districts, locally voted and nonvoted
66	revenues, and bonds or certificates of participation financed
67	through locally generated revenue.
68	(5) To use the proceeds from the millage levy pursuant to
69	subsection (1), the population of a county in which the school
70	district is located must not exceed 500,000.
71	Section 2. This act shall take effect July 1, 2003.
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