HB 0079 2004
1	A bill to be entitled
2	An act relating to school district millage; amending s.
3	1011.71, F.S.; including property insurance costs within
4	authorized purposes for school district millage levy
5	funding; amending s. 1011.73, F.S.; increasing the maximum
6	term for imposition of certain school district millage
7	levies approved by district voters for certain purposes;
8	providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Paragraph (i) of subsection (2) and paragraph
13	(a) of subsection (5) of section 1011.71, Florida Statutes, are
14	amended to read:
15	1011.71 District school tax.--
16	(2) In addition to the maximum millage levy as provided in
17	subsection (1), each school board may levy not more than 2 mills
18	against the taxable value for school purposes to fund:
19	(i) Payment of property insurance costs For the 2003-2004
20	fiscal year only, the payment of the cost of school buses when a
21	school district contracts with a private entity to provide
22	student transportation services if the district meets the
23	requirements of this paragraph. This paragraph expires July 1,
24	2004.
25	1. The district's contract must require that the private
26	entity purchase, own, operate, and maintain one or more school
27	buses of a specific type and size that meet the requirements of
28	s. 1006.25.
29	2. Each such school bus shall be used for the daily
30	transportation of public school students in the manner required
31	by the school district.
32	3. Payment for each such school bus shall not exceed 10
33	percent of the purchase price of the state pool bid.
34	4. The proposed expenditure of the funds for this purpose
35	must have been included in the district school board's notice of
36	proposed tax for school capital outlay as provided in s.
37	200.065(9).
38
39	Violations of these expenditure provisions shall result in an
40	equal dollar reduction in the Florida Education Finance Program
41	(FEFP) funds for the violating district in the fiscal year
42	following the audit citation.
43	(5)(a) It is the intent of the Legislature that, by July
44	1, 2003, revenue generated by the millage levy authorized by
45	subsection (2) should be used only for the costs of
46	construction, renovation, remodeling, maintenance, property
47	insurance,and repair of the educational plant; for the
48	purchase, lease, or lease-purchase of equipment, educational
49	plants, and construction materials directly related to the
50	delivery of student instruction; for the rental or lease of
51	existing buildings, or space within existing buildings,
52	originally constructed or used for purposes other than
53	education, for conversion to use as educational facilities; for
54	the opening day collection for the library media center of a new
55	school; for the purchase, lease-purchase, or lease of school
56	buses; and for servicing of payments related to certificates of
57	participation issued for any purpose prior to the effective date
58	of this act. Costs associated with the lease-purchase of
59	equipment, educational plants, and school buses may include the
60	issuance of certificates of participation on or after the
61	effective date of this act and the servicing of payments related
62	to certificates so issued. For purposes of this section,
63	"maintenance and repair" is defined in s. 1013.01.
64
65	A district that violates these expenditure restrictions shall
66	have an equal dollar reduction in funds appropriated to the
67	district under s. 1011.62 in the fiscal year following the audit
68	citation. The expenditure restrictions do not apply to any
69	school district that certifies to the Commissioner of Education
70	that all of the district's instructional space needs for the
71	next 5 years can be met from capital outlay sources that the
72	district reasonably expects to receive during the next 5 years
73	or from alternative scheduling or construction, leasing,
74	rezoning, or technological methodologies that exhibit sound
75	management.
76	Section 2. Subsection (2) of section 1011.73, Florida
77	Statutes, is amended to read:
78	1011.73 District millage elections.--
79	(2) MILLAGE AUTHORIZED NOT TO EXCEED 10 4YEARS.--The
80	district school board, pursuant to resolution adopted at a
81	regular meeting, shall direct the county commissioners to call
82	an election at which the electors within the school district may
83	approve an ad valorem tax millage as authorized under s.
84	1011.71(6). Such election may be held at any time, except that
85	not more than one such election shall be held during any 12-
86	month period. Any millage so authorized shall be levied for a
87	period not in excess of 10 4years or until changed by another
88	millage election, whichever is earlier. If any such election is
89	invalidated by a court of competent jurisdiction, such
90	invalidated election shall be considered not to have been held.
91	Section 3. This act shall take effect October 1, 2004.