HB 0371 2004
   
1 A bill to be entitled
2          An act relating to the district school tax; amending s.
3    1011.71, F.S.; continuing indefinitely a provision,
4    previously applicable only in the 2003-2004 fiscal year,
5    which allows a specified tax levy to be used to offset the
6    cost of school buses purchased through contracts with
7    private providers; amending s. 200.065, F.S., relating to
8    the method of fixing millage, to conform; providing an
9    effective date.
10         
11          Be It Enacted by the Legislature of the State of Florida:
12         
13          Section 1. Paragraph (i) is added to subsection (2) of
14    section 1011.71, Florida Statutes, as amended by sections 17 and
15    18 of chapter 2003-399, Laws of Florida, to read:
16          1011.71 District school tax.--
17          (2) In addition to the maximum millage levy as provided in
18    subsection (1), each school board may levy not more than 2 mills
19    against the taxable value for school purposes to fund:
20          (i) Payment of the cost of school buses when a school
21    district contracts with a private entity to provide student
22    transportation services if the district meets the requirements
23    of this paragraph.
24          1. The district's contract must require that the private
25    entity purchase, own, operate, and maintain one or more school
26    buses of a specific type and size that meet the requirements of
27    s. 1006.25.
28          2. Each such school bus must be used for the daily
29    transportation of public school students in the manner required
30    by the school district.
31          3. Payment for each such school bus may not exceed 10
32    percent of the purchase price of the state pool bid.
33          4. The proposed expenditure of the funds for this purpose
34    must have been included in the district school board's notice of
35    proposed tax for school capital outlay as provided in s.
36    200.065(9).
37         
38          Violations of these expenditure provisions shall result in an
39    equal dollar reduction in the Florida Education Finance Program
40    (FEFP) funds for the violating district in the fiscal year
41    following the audit citation.
42          Section 2. Paragraph (a) of subsection (9) of section
43    200.065, Florida Statutes, is amended to read:
44          200.065 Method of fixing millage.--
45          (9)(a) In addition to the notice required in subsection
46    (3), a district school board shall publish a second notice of
47    intent to levy additional taxes under s. 1011.71(2). Such notice
48    shall specify the projects or number of school buses anticipated
49    to be funded by such additional taxes and shall be published in
50    the size, within the time periods, adjacent to, and in
51    substantial conformity with the advertisement required under
52    subsection (3). The projects shall be listed in priority within
53    each category as follows: construction and remodeling;
54    maintenance, renovation, and repair; motor vehicle purchases;
55    new and replacement equipment; payments for educational
56    facilities and sites due under a lease-purchase agreement;
57    payments for renting and leasing educational facilities and
58    sites; payments of loans approved pursuant to ss. 1011.14 and
59    1011.15; payment of costs of compliance with environmental
60    statutes and regulations; andpayment of costs of leasing
61    relocatable educational facilities; and payments to private
62    entities to offset the cost of school buses pursuant to s.
63    1011.71(2)(i). The additional notice shall be in the following
64    form, except that if the district school board is proposing to
65    levy the same millage under s. 1011.71(2) which it levied in the
66    prior year, the words "continue to" shall be inserted before the
67    word "impose" in the first sentence, and except that the second
68    sentence of the second paragraph shall be deleted if the
69    district is advertising pursuant to paragraph (3)(e):
70         
71 NOTICE OF TAX FOR SCHOOL
72 CAPITAL OUTLAY
73         
74          The . . . (name of school district) . . . will soon
75    consider a measure to impose a . . . (number) . . . mill
76    property tax for the capital outlay projects listed herein.
77          This tax is in addition to the school board's proposed tax
78    of . . . (number) . . . mills for operating expenses and is
79    proposed solely at the discretion of the school board. THE
80    PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING
81    EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
82          The capital outlay tax will generate approximately $ . . .
83    (amount) . . . , to be used for the following projects:
84 . . . (list of capital outlay projects) . . .
85         
86          All concerned citizens are invited to a public hearing to
87    be held on . . . (date and time) . . . at . . . (meeting
88    place) . . . .
89          A DECISION on the proposed CAPITAL OUTLAY TAXES will be
90    made at this hearing.
91          Section 3. This act shall take effect July 1, 2004.