Senate Bill sb2600

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    Florida Senate - 2004                                  SB 2600

    By Senator Sebesta





    16-1885-04                                           See HB 79

  1                      A bill to be entitled

  2         An act relating to school district millage;

  3         amending s. 1011.71, F.S.; including property

  4         insurance costs within authorized purposes for

  5         school district millage levy funding; amending

  6         s. 1011.73, F.S.; increasing the maximum term

  7         for imposition of certain school district

  8         millage levies approved by district voters for

  9         certain purposes; providing an effective date.

10  

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

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13         Section 1.  Paragraph (i) of subsection (2) and

14  paragraph (a) of subsection (5) of section 1011.71, Florida

15  Statutes, are amended to read:

16         1011.71  District school tax.--

17         (2)  In addition to the maximum millage levy as

18  provided in subsection (1), each school board may levy not

19  more than 2 mills against the taxable value for school

20  purposes to fund:

21         (i)  Payment of property insurance costs For the

22  2003-2004 fiscal year only, the payment of the cost of school

23  buses when a school district contracts with a private entity

24  to provide student transportation services if the district

25  meets the requirements of this paragraph. This paragraph

26  expires July 1, 2004.

27         1.  The district's contract must require that the

28  private entity purchase, own, operate, and maintain one or

29  more school buses of a specific type and size that meet the

30  requirements of s. 1006.25.

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    Florida Senate - 2004                                  SB 2600
    16-1885-04                                           See HB 79




 1         2.  Each such school bus shall be used for the daily

 2  transportation of public school students in the manner

 3  required by the school district.

 4         3.  Payment for each such school bus shall not exceed

 5  10 percent of the purchase price of the state pool bid.

 6         4.  The proposed expenditure of the funds for this

 7  purpose must have been included in the district school board's

 8  notice of proposed tax for school capital outlay as provided

 9  in s. 200.065(9).

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11  Violations of these expenditure provisions shall result in an

12  equal dollar reduction in the Florida Education Finance

13  Program (FEFP) funds for the violating district in the fiscal

14  year following the audit citation.

15         (5)(a)  It is the intent of the Legislature that, by

16  July 1, 2003, revenue generated by the millage levy authorized

17  by subsection (2) should be used only for the costs of

18  construction, renovation, remodeling, maintenance, property

19  insurance, and repair of the educational plant; for the

20  purchase, lease, or lease-purchase of equipment, educational

21  plants, and construction materials directly related to the

22  delivery of student instruction; for the rental or lease of

23  existing buildings, or space within existing buildings,

24  originally constructed or used for purposes other than

25  education, for conversion to use as educational facilities;

26  for the opening day collection for the library media center of

27  a new school; for the purchase, lease-purchase, or lease of

28  school buses; and for servicing of payments related to

29  certificates of participation issued for any purpose prior to

30  the effective date of this act. Costs associated with the

31  lease-purchase of equipment, educational plants, and school

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    Florida Senate - 2004                                  SB 2600
    16-1885-04                                           See HB 79




 1  buses may include the issuance of certificates of

 2  participation on or after the effective date of this act and

 3  the servicing of payments related to certificates so issued.

 4  For purposes of this section, "maintenance and repair" is

 5  defined in s. 1013.01.

 6  

 7  A district that violates these expenditure restrictions shall

 8  have an equal dollar reduction in funds appropriated to the

 9  district under s. 1011.62 in the fiscal year following the

10  audit citation. The expenditure restrictions do not apply to

11  any school district that certifies to the Commissioner of

12  Education that all of the district's instructional space needs

13  for the next 5 years can be met from capital outlay sources

14  that the district reasonably expects to receive during the

15  next 5 years or from alternative scheduling or construction,

16  leasing, rezoning, or technological methodologies that exhibit

17  sound management.

18         Section 2.  Subsection (2) of section 1011.73, Florida

19  Statutes, is amended to read:

20         1011.73  District millage elections.--

21         (2)  MILLAGE AUTHORIZED NOT TO EXCEED 10 4 YEARS.--The

22  district school board, pursuant to resolution adopted at a

23  regular meeting, shall direct the county commissioners to call

24  an election at which the electors within the school district

25  may approve an ad valorem tax millage as authorized under s.

26  1011.71(6). Such election may be held at any time, except that

27  not more than one such election shall be held during any

28  12-month period. Any millage so authorized shall be levied for

29  a period not in excess of 10 4 years or until changed by

30  another millage election, whichever is earlier. If any such

31  election is invalidated by a court of competent jurisdiction,

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    Florida Senate - 2004                                  SB 2600
    16-1885-04                                           See HB 79




 1  such invalidated election shall be considered not to have been

 2  held.

 3         Section 3.  This act shall take effect October 1, 2004.

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