Senate Bill sb1294
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Florida Senate - 2005 SB 1294
By Senator Bennett
21-1308-05 See HB 57
1 A bill to be entitled
2 An act relating to use of school district
3 millage; amending ss. 200.065 and 1011.71,
4 F.S.; expanding authorized school board millage
5 levy funding to include payment of premiums for
6 property and casualty insurance necessary to
7 insure school district educational plants;
8 providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Paragraph (a) of subsection (9) of section
13 200.065, Florida Statutes, is amended to read:
14 200.065 Method of fixing millage.--
15 (9)(a) In addition to the notice required in
16 subsection (3), a district school board shall publish a second
17 notice of intent to levy additional taxes under s. 1011.71(2).
18 Such notice shall specify the projects or number of school
19 buses anticipated to be funded by such additional taxes and
20 shall be published in the size, within the time periods,
21 adjacent to, and in substantial conformity with the
22 advertisement required under subsection (3). The projects
23 shall be listed in priority within each category as follows:
24 construction and remodeling; maintenance, renovation, and
25 repair; motor vehicle purchases; new and replacement
26 equipment; payments for educational facilities and sites due
27 under a lease-purchase agreement; payments for renting and
28 leasing educational facilities and sites; payments of loans
29 approved pursuant to ss. 1011.14 and 1011.15; payment of costs
30 of compliance with environmental statutes and regulations;
31 payment of premiums for property and casualty insurance
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1294
21-1308-05 See HB 57
1 necessary to insure the educational plants of the school
2 district; payment of costs of leasing relocatable educational
3 facilities; and payments to private entities to offset the
4 cost of school buses pursuant to s. 1011.71(2)(i). The
5 additional notice shall be in the following form, except that
6 if the district school board is proposing to levy the same
7 millage under s. 1011.71(2) which it levied in the prior year,
8 the words "continue to" shall be inserted before the word
9 "impose" in the first sentence, and except that the second
10 sentence of the second paragraph shall be deleted if the
11 district is advertising pursuant to paragraph (3)(e):
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13 NOTICE OF TAX FOR SCHOOL
14 CAPITAL OUTLAY
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16 The (name of school district) will soon consider a
17 measure to impose a (number) mill property tax for the
18 capital outlay projects listed herein.
19 This tax is in addition to the school board's proposed
20 tax of (number) mills for operating expenses and is proposed
21 solely at the discretion of the school board. THE PROPOSED
22 COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
23 AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
24 The capital outlay tax will generate approximately
25 $ (amount) , to be used for the following projects:
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27 (list of capital outlay projects)
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29 All concerned citizens are invited to a public hearing
30 to be held on (date and time) at (meeting place).
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Florida Senate - 2005 SB 1294
21-1308-05 See HB 57
1 A DECISION on the proposed CAPITAL OUTLAY TAXES will be
2 made at this hearing.
3 Section 2. Paragraph (j) is added to subsection (2) of
4 section 1011.71, Florida Statutes, and paragraph (a) of
5 subsection (5) of that section is amended, to read:
6 1011.71 District school tax.--
7 (2) In addition to the maximum millage levy as
8 provided in subsection (1), each school board may levy not
9 more than 2 mills against the taxable value for school
10 purposes to fund:
11 (j) Payment of premiums for property and casualty
12 insurance necessary to insure the educational plants of the
13 school district.
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15 Violations of these expenditure provisions shall result in an
16 equal dollar reduction in the Florida Education Finance
17 Program (FEFP) funds for the violating district in the fiscal
18 year following the audit citation.
19 (5)(a) It is the intent of the Legislature that, by
20 July 1, 2003, revenue generated by the millage levy authorized
21 by subsection (2) should be used only for the costs of
22 construction, renovation, remodeling, maintenance, and repair
23 of the educational plant; for the purchase, lease, or
24 lease-purchase of equipment, educational plants, and
25 construction materials directly related to the delivery of
26 student instruction; for the rental or lease of existing
27 buildings, or space within existing buildings, originally
28 constructed or used for purposes other than education, for
29 conversion to use as educational facilities; for payment of
30 premiums for property and casualty insurance necessary to
31 insure the educational plants of the school district; for the
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 SB 1294
21-1308-05 See HB 57
1 opening day collection for the library media center of a new
2 school; for the purchase, lease-purchase, or lease of school
3 buses or the payment to a private entity to offset the cost of
4 school buses pursuant to paragraph (2)(i); and for servicing
5 of payments related to certificates of participation issued
6 for any purpose prior to the effective date of this act. Costs
7 associated with the lease-purchase of equipment, educational
8 plants, and school buses may include the issuance of
9 certificates of participation on or after the effective date
10 of this act and the servicing of payments related to
11 certificates so issued. For purposes of this section,
12 "maintenance and repair" is defined in s. 1013.01.
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14 A district that violates these expenditure restrictions shall
15 have an equal dollar reduction in funds appropriated to the
16 district under s. 1011.62 in the fiscal year following the
17 audit citation. The expenditure restrictions do not apply to
18 any school district that certifies to the Commissioner of
19 Education that all of the district's instructional space needs
20 for the next 5 years can be met from capital outlay sources
21 that the district reasonably expects to receive during the
22 next 5 years or from alternative scheduling or construction,
23 leasing, rezoning, or technological methodologies that exhibit
24 sound management.
25 Section 3. This act shall take effect July 1, 2005.
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