Senate Bill sb0546e1

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  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; providing for future

  6         repeal; amending s. 200.065, F.S., relating to

  7         the method of fixing millage, to conform;

  8         providing for future repeal; providing an

  9         effective date.

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

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

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

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

16  Florida, are amended to read:

17         1011.71  District school tax.--

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

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

20  more than 2 mills against the taxable value for school

21  purposes to fund:

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

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

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

25  without regard to prioritization, sites and site improvement

26  or expansion to new sites, existing sites, auxiliary

27  facilities, athletic facilities, or ancillary facilities.

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

29  school plants or of leased facilities to correct deficiencies

30  pursuant to s. 1013.15(2).

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    CS for CS for SB 546                           First Engrossed



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

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

 3  the maintenance or operation of plants and equipment; security

 4  vehicles; or vehicles used in storing or distributing

 5  materials and equipment.

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

 7  replacement equipment.

 8         (e)  Payments for educational facilities and sites due

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

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

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

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

13  district school board pursuant to this subsection.

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

15  and 1011.15.

16         (g)  Payment of costs directly related to complying

17  with state and federal environmental statutes, rules, and

18  regulations governing school facilities.

19         (h)  Payment of costs of leasing relocatable

20  educational facilities, of renting or leasing educational

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

22  or leasing buildings or space within existing buildings

23  pursuant to s. 1013.15(4).

24         (i)  Payment of premiums for property and casualty

25  insurance necessary to insure the educational plants of the

26  school district. The property and casualty insurance provision

27  of this paragraph is repealed on July 1, 2006.

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29  Violations of these expenditure provisions shall result in an

30  equal dollar reduction in the Florida Education Finance

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

 2  year following the audit citation.

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

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

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

 6  construction, renovation, remodeling, maintenance, and repair

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

 8  lease-purchase of equipment, educational plants, and

 9  construction materials directly related to the delivery of

10  student instruction; for the rental or lease of existing

11  buildings, or space within existing buildings, originally

12  constructed or used for purposes other than education, for

13  conversion to use as educational facilities; for property and

14  casualty insurance premiums necessary to insure the

15  educational plants of the school district; for the opening day

16  collection for the library media center of a new school; for

17  the purchase, lease-purchase, or lease of school buses; and

18  for servicing of payments related to certificates of

19  participation issued for any purpose prior to the effective

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

21  equipment, educational plants, and school buses may include

22  the issuance of certificates of participation on or after the

23  effective date of this act and the servicing of payments

24  related to certificates so issued. For purposes of this

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

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27  A district that violates these expenditure restrictions shall

28  have an equal dollar reduction in funds appropriated to the

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

30  audit citation. The expenditure restrictions do not apply to

31  any school district that certifies to the Commissioner of


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

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

 3  that the district reasonably expects to receive during the

 4  next 5 years or from alternative scheduling or construction,

 5  leasing, rezoning, or technological methodologies that exhibit

 6  sound management.

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

 8  Statutes, is amended to read:

 9         200.065  Method of fixing millage.--

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

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

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

13  Such notice shall specify the projects or number of school

14  buses anticipated to be funded by such additional taxes and

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

16  adjacent to, and in substantial conformity with the

17  advertisement required under subsection (3). The projects

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

19  construction and remodeling; maintenance, renovation, and

20  repair; motor vehicle purchases; new and replacement

21  equipment; payments for educational facilities and sites due

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

23  leasing educational facilities and sites; payments of loans

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

25  of compliance with environmental statutes and regulations; and

26  payment of costs of leasing relocatable educational

27  facilities; and payment of premiums for property and casualty

28  insurance necessary to insure the educational plants of the

29  school district. The property and casualty insurance provision

30  of this paragraph is repealed on July 1, 2006. The additional

31  notice shall be in the following form, except that if the


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    CS for CS for SB 546                           First Engrossed



 1  district school board is proposing to levy the same millage

 2  under s. 1011.71(2) which it levied in the prior year, the

 3  words "continue to" shall be inserted before the word "impose"

 4  in the first sentence, and except that the second sentence of

 5  the second paragraph shall be deleted if the district is

 6  advertising pursuant to paragraph (3)(e):

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 8                     NOTICE OF TAX FOR SCHOOL

 9                          CAPITAL OUTLAY

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

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

13  capital outlay projects listed herein.

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

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

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

17  PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING

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

19         The capital outlay tax will generate approximately

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

21  

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

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24         All concerned citizens are invited to a public hearing

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

26         A DECISION on the proposed CAPITAL OUTLAY TAXES will be

27  made at this hearing.

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

30  list of capital outlay projects previously advertised and

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


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    CS for CS for SB 546                           First Engrossed



 1  school capital outlay shall be published in conformity with

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

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

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

 5  advertisement is first published.  The projects should be

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

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

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

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

10  omitted if not appropriate for the changes proposed:

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12                    AMENDED NOTICE OF TAX FOR

13                      SCHOOL CAPITAL OUTLAY

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

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

17  capital outlay projects previously advertised for the

18  ...(year)... to ...(year)... school year.

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20         New projects to be funded:

21  

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

23  

24         Amended projects to be funded:

25  

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

27  

28         Projects to be deleted:

29  

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

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    CS for CS for SB 546                           First Engrossed



 1         All concerned citizens are invited to a public hearing

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

 3         A DECISION on the proposed amendment to the projects

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

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

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