HB 0157CS

CHAMBER ACTION




1The Committee on Appropriations recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to school district taxation; amending s.
71011.71, F.S.; authorizing certain expenditures from
8district school tax revenues to pay property and casualty
9insurance premiums; providing for the use of operating
10revenues under certain circumstances; amending s. 200.065,
11F.S., relating to the method of fixing millage, to
12conform; providing for future repeal; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (2) and paragraph (a) of subsection
18(5) of section 1011.71, Florida Statutes, as amended by sections
1917 and 18 of chapter 2003-399, Laws of Florida, are amended to
20read:
21     1011.71  District school tax.--
22     (2)  In addition to the maximum millage levy as provided in
23subsection (1), each school board may levy not more than 2 mills
24against the taxable value for school purposes to fund:
25     (a)  New construction and remodeling projects, as set forth
26in s. 1013.64(3)(b) and (6)(b) and included in the district's
27educational plant survey pursuant to s. 1013.31, without regard
28to prioritization, sites and site improvement or expansion to
29new sites, existing sites, auxiliary facilities, athletic
30facilities, or ancillary facilities.
31     (b)  Maintenance, renovation, and repair of existing school
32plants or of leased facilities to correct deficiencies pursuant
33to s. 1013.15(2).
34     (c)  The purchase, lease-purchase, or lease of school
35buses; drivers' education vehicles; motor vehicles used for the
36maintenance or operation of plants and equipment; security
37vehicles; or vehicles used in storing or distributing materials
38and equipment.
39     (d)  The purchase, lease-purchase, or lease of new and
40replacement equipment.
41     (e)  Payments for educational facilities and sites due
42under a lease-purchase agreement entered into by a district
43school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not
44exceeding, in the aggregate, an amount equal to three-fourths of
45the proceeds from the millage levied by a district school board
46pursuant to this subsection.
47     (f)  Payment of loans approved pursuant to ss. 1011.14 and
481011.15.
49     (g)  Payment of costs directly related to complying with
50state and federal environmental statutes, rules, and regulations
51governing school facilities.
52     (h)  Payment of costs of leasing relocatable educational
53facilities, of renting or leasing educational facilities and
54sites pursuant to s. 1013.15(2), or of renting or leasing
55buildings or space within existing buildings pursuant to s.
561013.15(4).
57     (i)  Payment of premiums for property and casualty
58insurance necessary to insure the educational plants of the
59school district. This paragraph shall be repealed on July 1,
602006.
61
62Violations of these expenditure provisions shall result in an
63equal dollar reduction in the Florida Education Finance Program
64(FEFP) funds for the violating district in the fiscal year
65following the audit citation.
66     (5)(a)  It is the intent of the Legislature that, by July
671, 2003, revenue generated by the millage levy authorized by
68subsection (2) should be used only for the costs of
69construction, renovation, remodeling, maintenance, and repair of
70the educational plant; for the purchase, lease, or lease-
71purchase of equipment, educational plants, and construction
72materials directly related to the delivery of student
73instruction; for the rental or lease of existing buildings, or
74space within existing buildings, originally constructed or used
75for purposes other than education, for conversion to use as
76educational facilities; for property and casualty insurance
77premiums necessary to insure the educational plants of the
78school district; for the opening day collection for the library
79media center of a new school; for the purchase, lease-purchase,
80or lease of school buses; and for servicing of payments related
81to certificates of participation issued for any purpose prior to
82the effective date of this act. Costs associated with the lease-
83purchase of equipment, educational plants, and school buses may
84include the issuance of certificates of participation on or
85after the effective date of this act and the servicing of
86payments related to certificates so issued. For purposes of this
87section, "maintenance and repair" is defined in s. 1013.01. If
88operating revenues are made available through the payment of
89property and casualty insurance premiums from revenues generated
90under this subsection or subsection (2), such operating revenues
91may be expended only for nonrecurring operational expenditures
92of the school district. The property and casualty insurance
93provision of this paragraph shall be repealed on July 1, 2006.
94
95A district that violates these expenditure restrictions shall
96have an equal dollar reduction in funds appropriated to the
97district under s. 1011.62 in the fiscal year following the audit
98citation. The expenditure restrictions do not apply to any
99school district that certifies to the Commissioner of Education
100that all of the district's instructional space needs for the
101next 5 years can be met from capital outlay sources that the
102district reasonably expects to receive during the next 5 years
103or from alternative scheduling or construction, leasing,
104rezoning, or technological methodologies that exhibit sound
105management.
106     Section 2.  Subsection (9) of section 200.065, Florida
107Statutes, is amended to read:
108     200.065  Method of fixing millage.--
109     (9)(a)  In addition to the notice required in subsection
110(3), a district school board shall publish a second notice of
111intent to levy additional taxes under s. 1011.71(2).  Such
112notice shall specify the projects or number of school buses
113anticipated to be funded by such additional taxes and shall be
114published in the size, within the time periods, adjacent to, and
115in substantial conformity with the advertisement required under
116subsection (3). The projects shall be listed in priority within
117each category as follows: construction and remodeling;
118maintenance, renovation, and repair; motor vehicle purchases;
119new and replacement equipment; payments for educational
120facilities and sites due under a lease-purchase agreement;
121payments for renting and leasing educational facilities and
122sites; payments of loans approved pursuant to ss. 1011.14 and
1231011.15; payment of costs of compliance with environmental
124statutes and regulations; and payment of costs of leasing
125relocatable educational facilities; and payment of premiums for
126property and casualty insurance necessary to insure the
127educational plants of the school district. The property and
128casualty insurance provision of this paragraph shall be repealed
129on July 1, 2006. The additional notice shall be in the following
130form, except that if the district school board is proposing to
131levy the same millage under s. 1011.71(2) which it levied in the
132prior year, the words "continue to" shall be inserted before the
133word "impose" in the first sentence, and except that the second
134sentence of the second paragraph shall be deleted if the
135district is advertising pursuant to paragraph (3)(e):
136
137
NOTICE OF TAX FOR SCHOOL
138
CAPITAL OUTLAY
139
140      The  . . . (name of school district) . . .  will soon
141consider a measure to impose a  . . . (number) . . .  mill
142property tax for the capital outlay projects listed herein.
143      This tax is in addition to the school board's proposed tax
144of  . . . (number) . . .  mills for operating expenses and is
145proposed solely at the discretion of the school board.  THE
146PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING
147EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
148      The capital outlay tax will generate approximately $ . . .
149(amount) . . . , to be used for the following projects:
150
. . . (list of capital outlay projects) . . .
151
152     All concerned citizens are invited to a public hearing to
153be held on  . . . (date and time) . . .  at  . . . (meeting
154place) . . . .
155     A DECISION on the proposed CAPITAL OUTLAY TAXES will be
156made at this hearing.
157
158     (b)  In the event a school district needs to amend the list
159of capital outlay projects previously advertised and adopted, a
160notice of intent to amend the notice of tax for school capital
161outlay shall be published in conformity with the advertisement
162required in subsection (3).  A public hearing to adopt the
163amended project list shall be held not less than 2 days nor more
164than 5 days after the day the advertisement is first published.  
165The projects should be listed under each category of new,
166amended, or deleted projects in the same order as required in
167paragraph (a). The notice shall appear in the following form,
168except that any of the categories of new, amended, or deleted
169projects may be omitted if not appropriate for the changes
170proposed:
171
172
AMENDED NOTICE OF TAX FOR
173
SCHOOL CAPITAL OUTLAY
174
175     The School Board of  . . . (name) . . .  County will soon
176consider a measure to amend the use of property tax for the
177capital outlay projects previously advertised for the  . . .
178(year) . . .  to  . . . (year) . . .  school year.
179
180     New projects to be funded:
181
. . . (list of capital outlay projects) . . .  
182
183     Amended projects to be funded:
184
. . . (list of capital outlay projects) . . .  
185
186     Projects to be deleted:
187
. . . (list of capital outlay projects) . . .  
188
189     All concerned citizens are invited to a public hearing to
190be held on  . . . (date and time) . . .  at  . . . (meeting
191place) . . . .
192     A DECISION on the proposed amendment to the projects funded
193from CAPITAL OUTLAY TAXES will be made at this meeting.
194
195     Section 3.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.