HB 0481

CS

CHAMBER ACTION

1	The PreK-12 Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to use of school district millage;
7	amending ss. 200.065 and 1011.71, F.S.; expanding
8	authorized school board millage levy funding to include
9	payment of premiums for property and casualty insurance
10	necessary to insure school district educational plants;
11	limiting expenditures of operating revenues; providing a
12	contingent effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
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16	Section 1.  Paragraph (a) of subsection (9) of section
17	200.065, Florida Statutes, is amended to read:
18	200.065  Method of fixing millage.--
19	(9)(a)  In addition to the notice required in subsection
20	(3), a district school board shall publish a second notice of
21	intent to levy additional taxes under s. 1011.71(2). Such notice
22	shall specify the projects or number of school buses anticipated
23	to be funded by such additional taxes and shall be published in
24	the size, within the time periods, adjacent to, and in
25	substantial conformity with the advertisement required under
26	subsection (3). The projects shall be listed in priority within
27	each category as follows: construction and remodeling;
28	maintenance, renovation, and repair; motor vehicle purchases;
29	new and replacement equipment; payments for educational
30	facilities and sites due under a lease-purchase agreement;
31	payments for renting and leasing educational facilities and
32	sites; payments of loans approved pursuant to ss. 1011.14 and
33	1011.15; payment of costs of compliance with environmental
34	statutes and regulations; payment of premiums for property and
35	casualty insurance necessary to insure the educational plants of
36	the school district; payment of costs of leasing relocatable
37	educational facilities; and payments to private entities to
38	offset the cost of school buses pursuant to s. 1011.71(2)(i).
39	The additional notice shall be in the following form, except
40	that if the district school board is proposing to levy the same
41	millage under s. 1011.71(2) which it levied in the prior year,
42	the words "continue to" shall be inserted before the word
43	"impose" in the first sentence, and except that the second
44	sentence of the second paragraph shall be deleted if the
45	district is advertising pursuant to paragraph (3)(e):
46
47	NOTICE OF TAX FOR SCHOOL
48	CAPITAL OUTLAY
49
50	The   (name of school district)   will soon consider a
51	measure to impose a   (number)   mill property tax for the
52	capital outlay projects listed herein.
53	This tax is in addition to the school board's proposed tax
54	of   (number)   mills for operating expenses and is proposed
55	solely at the discretion of the school board. THE PROPOSED
56	COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
57	AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
58	The capital outlay tax will generate approximately $
59	(amount)  , to be used for the following projects:
60
61	(list of capital outlay projects)
62
63	All concerned citizens are invited to a public hearing to
64	be held on   (date and time)   at   (meeting place)  .
65	A DECISION on the proposed CAPITAL OUTLAY TAXES will be
66	made at this hearing.
67	Section 2.  Paragraph (j) is added to subsection (2) of
68	section 1011.71, Florida Statutes, and paragraph (a) of
69	subsection (5) of that section is amended, to read:
70	1011.71  District school tax.--
71	(2)  In addition to the maximum millage levy as provided in
72	subsection (1), each school board may levy not more than 2 mills
73	against the taxable value for school purposes to fund:
74	(j)  Payment of premiums for property and casualty
75	insurance necessary to insure the educational plants of the
76	school district.
77
78	Violations of these expenditure provisions shall result in an
79	equal dollar reduction in the Florida Education Finance Program
80	(FEFP) funds for the violating district in the fiscal year
81	following the audit citation.
82	(5)(a)  It is the intent of the Legislature that, by July
83	1, 2003, revenue generated by the millage levy authorized by
84	subsection (2) should be used only for the costs of
85	construction, renovation, remodeling, maintenance, and repair of
86	the educational plant; for the purchase, lease, or lease-
87	purchase of equipment, educational plants, and construction
88	materials directly related to the delivery of student
89	instruction; for the rental or lease of existing buildings, or
90	space within existing buildings, originally constructed or used
91	for purposes other than education, for conversion to use as
92	educational facilities; for payment of premiums for property and
93	casualty insurance necessary to insure the educational plants of
94	the school district; for the opening day collection for the
95	library media center of a new school; for the purchase, lease-
96	purchase, or lease of school buses or the payment to a private
97	entity to offset the cost of school buses pursuant to paragraph
98	(2)(i); and for servicing of payments related to certificates of
99	participation issued for any purpose prior to the effective date
100	of this act. Costs associated with the lease-purchase of
101	equipment, educational plants, and school buses may include the
102	issuance of certificates of participation on or after the
103	effective date of this act and the servicing of payments related
104	to certificates so issued. For purposes of this section,
105	"maintenance and repair" is defined in s. 1013.01. Each year
106	operating revenues are made available through the payment of
107	property and casualty insurance premiums from revenues generated
108	under this subsection or subsection (2), such operating revenues
109	may be expended only for nonrecurring operational expenditures
110	of the school district.
111
112	A district that violates these expenditure restrictions shall
113	have an equal dollar reduction in funds appropriated to the
114	district under s. 1011.62 in the fiscal year following the audit
115	citation. The expenditure restrictions do not apply to any
116	school district that certifies to the Commissioner of Education
117	that all of the district's instructional space needs for the
118	next 5 years can be met from capital outlay sources that the
119	district reasonably expects to receive during the next 5 years
120	or from alternative scheduling or construction, leasing,
121	rezoning, or technological methodologies that exhibit sound
122	management.
123	Section 3.  This act shall take effect July 1, 2006, only
124	if House Joint Resolution 447 is adopted in the same legislative
125	session or an extension thereof.

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