Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 881624
CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Bennett) recommended the
12 following amendment to amendment (854092):
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14 Senate Amendment
15 On page 69, line 7 through page 72, line 29, delete
16 those lines
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18 and insert: referendum or by majority vote of the school
19 board, a discretionary sales surtax at a rate that may not
20 exceed 0.5 percent.
21 (b) The resolution shall include a statement that
22 provides a brief and general description of the school capital
23 outlay projects to be funded by the surtax. The statement
24 shall conform to the requirements of s. 101.161 and shall be
25 placed on the ballot by the governing body of the county. The
26 following question shall be placed on the ballot:
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28 ....FOR THE ....CENTS TAX
29 ....AGAINST THE ....CENTS TAX
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31 (c) The resolution providing for the imposition of the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 881624
1 surtax shall set forth a plan for use of the surtax proceeds
2 for fixed capital expenditures or fixed capital costs
3 associated with the construction, reconstruction, or
4 improvement of school facilities and campuses which have a
5 useful life expectancy of 5 or more years, and any land
6 acquisition, land improvement, design, and engineering costs
7 related thereto. Additionally, the plan shall include the
8 costs of retrofitting and providing for technology
9 implementation, including hardware and software, for the
10 various sites within the school district. Surtax revenues may
11 be used for the purpose of servicing bond indebtedness to
12 finance projects authorized by this subsection, and any
13 interest accrued thereto may be held in trust to finance such
14 projects. Neither the proceeds of the surtax nor any interest
15 accrued thereto shall be used for operational expenses.
16 (d) Any school board receiving proceeds from imposing
17 the surtax shall implement a freeze on noncapital local school
18 property taxes, at the millage rate imposed in the year prior
19 to the implementation of the surtax, for a period of at least
20 3 years from the date of imposition of the surtax. This
21 provision shall not apply to existing debt service or required
22 state taxes.
23 (e) Surtax revenues collected by the Department of
24 Revenue pursuant to this subsection shall be distributed to
25 the school board imposing the surtax in accordance with law.
26 (f) Surtaxes imposed by majority vote must be used to
27 supplement, not supplant, existing school capital outlay
28 funding. In order to impose the surtax by a majority vote of
29 the school board, the board must go through the following
30 process:
31 1. An advisory board must be created to make
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10:38 AM 04/18/05 s0360.ca21.003
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 881624
1 recommendations to the school board regarding the use of the
2 surtax proceeds for fixed capital expenditures or fixed
3 capital costs associated with the construction,
4 reconstruction, or improvement of school facilities and
5 campuses that have a useful life expectancy of 5 or more years
6 and any land acquisition, land improvement, design, and
7 engineering costs related thereto. The school board shall
8 appoint members to the advisory board who represent the
9 diversity of the community and shall include individuals with
10 an interest in business, economic development, the
11 environment, municipal government, education, and public
12 safety and growth management professionals. Based on the
13 estimated amount of the surtax collections, the advisory board
14 will conduct at least two public workshops to develop a
15 project list. A quorum shall consist of a majority of the
16 advisory board members and is necessary to take any action
17 regarding recommendations to the school board. The school
18 board shall provide staff support to the advisory board. All
19 advisory board meetings are open to the public, and minutes of
20 the meetings shall be available to the public. The advisory
21 board shall submit the project list to the school board. The
22 school board must adopt or amend the project list by
23 resolution, and must submit the resolution to the board of
24 county commission.
25 2. After the advisory board submits the project list
26 to the school board, it may be amended by the school board
27 only in the following fashion. A public notice must be given
28 of the intent to add additional projects or remove projects
29 recommended by the advisory board. Actions to amend the
30 project list may be taken at the noticed public hearing. Once
31 amended, the project list must be approved at a subsequent
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10:38 AM 04/18/05 s0360.ca21.003
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 881624
1 meeting. Notice of the intent to adopt the project list must
2 be given and the project list must be approved at a subsequent
3 public meeting that cannot be held sooner than 14 days after
4 the meeting at which the list was amended.
5 3. If the school board does not amend the recommended
6 project list, it may adopt the proposed project list at a
7 public meeting following public notice of the intent to adopt
8 the recommendations of the advisory board.
9 4. Once the project list has been adopted, the school
10 board may give notice of the intent to adopt the surtax by
11 resolution. The school board shall conduct a public hearing to
12 allow for public input on the proposed surtax. Enacting the
13 resolution for the surtax and adopting the project list may
14 not be accomplished at the same meeting.
15 5. Once the resolution adopting the surtax has been
16 enacted, the project list can be amended only in the following
17 manner. The school board must give notice of the intent to
18 hold a public hearing to discuss adding or removing projects
19 from the list. The school board must take public testimony on
20 the proposal. Action may not be taken at that meeting with
21 regards to the proposal to amend the project list. Action may
22 be taken at a subsequent noticed public meeting that must be
23 held at least 14 days after the meeting at which the proposed
24 changes to the project list were discussed.
25 6. If the tax is implemented, the advisory board shall
26 monitor the expenditure of the tax proceeds and shall hold
27 semiannual meetings. The advisory board shall also monitor
28 whether the school board has maintained or increased the level
29 of school capital outlay expenditures over the previous 5
30 years.
31 (g) If the surtax is levied by a majority vote of the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 360
Barcode 881624
1 school board, the school board shall use due diligence and
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