Senate Bill sb0546c2

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    Florida Senate - 2004                     CS for CS for SB 546

    By the Committees on Appropriations; Education; and Senators
    Bennett, Bullard and Fasano




    309-2079-04

  1                      A bill to be entitled

  2         An act relating to district school taxation;

  3         amending s. 1011.71, F.S.; authorizing certain

  4         expenditures from district school tax revenues

  5         to pay insurance premiums; amending s. 200.065,

  6         F.S., relating to the method of fixing millage,

  7         to conform; providing an effective date.

  8  

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

10  

11         Section 1.  Subsection (2) and paragraph (a) of

12  subsection (5) of section 1011.71, Florida Statutes, as

13  amended by sections 17 and 18 of chapter 2003-399, Laws of

14  Florida, are amended to read:

15         1011.71  District school tax.--

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

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

18  more than 2 mills against the taxable value for school

19  purposes to fund:

20         (a)  New construction and remodeling projects, as set

21  forth in s. 1013.64(3)(b) and (6)(b) and included in the

22  district's educational plant survey pursuant to s. 1013.31,

23  without regard to prioritization, sites and site improvement

24  or expansion to new sites, existing sites, auxiliary

25  facilities, athletic facilities, or ancillary facilities.

26         (b)  Maintenance, renovation, and repair of existing

27  school plants or of leased facilities to correct deficiencies

28  pursuant to s. 1013.15(2).

29         (c)  The purchase, lease-purchase, or lease of school

30  buses; drivers' education vehicles; motor vehicles used for

31  the maintenance or operation of plants and equipment; security

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    Florida Senate - 2004                     CS for CS for SB 546
    309-2079-04




 1  vehicles; or vehicles used in storing or distributing

 2  materials and equipment.

 3         (d)  The purchase, lease-purchase, or lease of new and

 4  replacement equipment.

 5         (e)  Payments for educational facilities and sites due

 6  under a lease-purchase agreement entered into by a district

 7  school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2),

 8  not exceeding, in the aggregate, an amount equal to

 9  three-fourths of the proceeds from the millage levied by a

10  district school board pursuant to this subsection.

11         (f)  Payment of loans approved pursuant to ss. 1011.14

12  and 1011.15.

13         (g)  Payment of costs directly related to complying

14  with state and federal environmental statutes, rules, and

15  regulations governing school facilities.

16         (h)  Payment of costs of leasing relocatable

17  educational facilities, of renting or leasing educational

18  facilities and sites pursuant to s. 1013.15(2), or of renting

19  or leasing buildings or space within existing buildings

20  pursuant to s. 1013.15(4).

21         (i)  Payment of premiums for property and casualty

22  insurance necessary to insure the educational facilities of

23  the school district.

24  

25  Violations of these expenditure provisions shall result in an

26  equal dollar reduction in the Florida Education Finance

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

28  year following the audit citation.

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

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

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

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    Florida Senate - 2004                     CS for CS for SB 546
    309-2079-04




 1  construction, renovation, remodeling, maintenance, and repair

 2  of the educational plant; for the purchase, lease, or

 3  lease-purchase of equipment, educational plants, and

 4  construction materials directly related to the delivery of

 5  student instruction; for the rental or lease of existing

 6  buildings, or space within existing buildings, originally

 7  constructed or used for purposes other than education, for

 8  conversion to use as educational facilities; for property and

 9  casualty insurance premiums necessary to insure the

10  educational facilities of the school district; for the opening

11  day collection for the library media center of a new school;

12  for the purchase, lease-purchase, or lease of school buses;

13  and for servicing of payments related to certificates of

14  participation issued for any purpose prior to the effective

15  date of this act. Costs associated with the lease-purchase of

16  equipment, educational plants, and school buses may include

17  the issuance of certificates of participation on or after the

18  effective date of this act and the servicing of payments

19  related to certificates so issued. For purposes of this

20  section, "maintenance and repair" is defined in s. 1013.01.

21  

22  A district that violates these expenditure restrictions shall

23  have an equal dollar reduction in funds appropriated to the

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

25  audit citation. The expenditure restrictions do not apply to

26  any school district that certifies to the Commissioner of

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

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

29  that the district reasonably expects to receive during the

30  next 5 years or from alternative scheduling or construction,

31  

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    Florida Senate - 2004                     CS for CS for SB 546
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 1  leasing, rezoning, or technological methodologies that exhibit

 2  sound management.

 3         Section 2.  Subsection (9) of section 200.065, Florida

 4  Statutes, is amended to read:

 5         200.065  Method of fixing millage.--

 6         (9)(a)  In addition to the notice required in

 7  subsection (3), a district school board shall publish a second

 8  notice of intent to levy additional taxes under s. 1011.71(2).

 9  Such notice shall specify the projects or number of school

10  buses anticipated to be funded by such additional taxes and

11  shall be published in the size, within the time periods,

12  adjacent to, and in substantial conformity with the

13  advertisement required under subsection (3). The projects

14  shall be listed in priority within each category as follows:

15  construction and remodeling; maintenance, renovation, and

16  repair; motor vehicle purchases; new and replacement

17  equipment; payments for educational facilities and sites due

18  under a lease-purchase agreement; payments for renting and

19  leasing educational facilities and sites; payments of loans

20  approved pursuant to ss. 1011.14 and 1011.15; payment of costs

21  of compliance with environmental statutes and regulations; and

22  payment of costs of leasing relocatable educational

23  facilities; and payment of premiums for property and casualty

24  insurance necessary to insure the educational facilities of

25  the school district. The additional notice shall be in the

26  following form, except that if the district school board is

27  proposing to levy the same millage under s. 1011.71(2) which

28  it levied in the prior year, the words "continue to" shall be

29  inserted before the word "impose" in the first sentence, and

30  except that the second sentence of the second paragraph shall

31  

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    Florida Senate - 2004                     CS for CS for SB 546
    309-2079-04




 1  be deleted if the district is advertising pursuant to

 2  paragraph (3)(e):

 3  

 4                     NOTICE OF TAX FOR SCHOOL

 5                          CAPITAL OUTLAY

 6  

 7         The ...(name of school district)... will soon consider

 8  a measure to impose a ...(number)... mill property tax for the

 9  capital outlay projects listed herein.

10         This tax is in addition to the school board's proposed

11  tax of ...(number)... mills for operating expenses and is

12  proposed solely at the discretion of the school board.  THE

13  PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING

14  EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.

15         The capital outlay tax will generate approximately

16  $...(amount)..., to be used for the following projects:

17  

18             ...(list of capital outlay projects)...

19  

20         All concerned citizens are invited to a public hearing

21  to be held on ...(date and time)... at ...(meeting place)....

22         A DECISION on the proposed CAPITAL OUTLAY TAXES will be

23  made at this hearing.

24  

25         (b)  In the event a school district needs to amend the

26  list of capital outlay projects previously advertised and

27  adopted, a notice of intent to amend the notice of tax for

28  school capital outlay shall be published in conformity with

29  the advertisement required in subsection (3).  A public

30  hearing to adopt the amended project list shall be held not

31  less than 2 days nor more than 5 days after the day the

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    Florida Senate - 2004                     CS for CS for SB 546
    309-2079-04




 1  advertisement is first published.  The projects should be

 2  listed under each category of new, amended, or deleted

 3  projects in the same order as required in paragraph (a). The

 4  notice shall appear in the following form, except that any of

 5  the categories of new, amended, or deleted projects may be

 6  omitted if not appropriate for the changes proposed:

 7  

 8                    AMENDED NOTICE OF TAX FOR

 9                      SCHOOL CAPITAL OUTLAY

10  

11         The School Board of ...(name)... County will soon

12  consider a measure to amend the use of property tax for the

13  capital outlay projects previously advertised for the

14  ...(year)... to ...(year)... school year.

15  

16         New projects to be funded:

17  

18             ...(list of capital outlay projects)...

19  

20         Amended projects to be funded:

21  

22             ...(list of capital outlay projects)...

23  

24         Projects to be deleted:

25  

26             ...(list of capital outlay projects)...

27  

28         All concerned citizens are invited to a public hearing

29  to be held on ...(date and time)... at ...(meeting place)....

30         A DECISION on the proposed amendment to the projects

31  funded from CAPITAL OUTLAY TAXES will be made at this meeting.

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    Florida Senate - 2004                     CS for CS for SB 546
    309-2079-04




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

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                          CS for SB 546

 5                                 

 6  The Committee Substitute eliminates the limitation on spending
    operating funds which become available as a result of using
 7  two mill funds for casualty and property insurance on
    nonrecurring efforts only and eliminates the review of
 8  expenditure restrictions under subsection (2) and (5)(a) by
    June 30, 2006.
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