Senate Bill sb1294

CODING: Words stricken are deletions; words underlined are additions.
    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.

  9  

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

11  

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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    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):

12  

13                     NOTICE OF TAX FOR SCHOOL

14                          CAPITAL OUTLAY

15  

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:

26  

27                (list of capital outlay projects)

28  

29         All concerned citizens are invited to a public hearing

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

31  

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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.

14  

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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    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.

13  

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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