HB 0557CS

CHAMBER ACTION




1The Education Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to uses of the district school tax;
7amending ss. 200.065 and 1011.71, F.S.; including health,
8property, and casualty insurance costs as authorized uses
9of school district millage; specifying nonapplication of
10certain expenditure restrictions to school districts
11meeting certain class size requirements; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
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16     Section 1.  Paragraph (a) of subsection (9) of section
17200.065, 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
21intent to levy additional taxes under s. 1011.71(2). Such notice
22shall specify the projects or number of school buses anticipated
23to be funded by such additional taxes and shall be published in
24the size, within the time periods, adjacent to, and in
25substantial conformity with the advertisement required under
26subsection (3). The projects shall be listed in priority within
27each category as follows: construction and remodeling;
28maintenance, renovation, and repair; motor vehicle purchases;
29new and replacement equipment; payments for educational
30facilities and sites due under a lease-purchase agreement;
31payments for renting and leasing educational facilities and
32sites; payments of loans approved pursuant to ss. 1011.14 and
331011.15; payment of costs of compliance with environmental
34statutes and regulations; payment of health, property, and
35casualty insurance costs of the school district; payment of
36costs of leasing relocatable educational facilities; and
37payments to private entities to offset the cost of school buses
38pursuant to s. 1011.71(2)(i). The additional notice shall be in
39the following form, except that if the district school board is
40proposing to levy the same millage under s. 1011.71(2) which it
41levied in the prior year, the words "continue to" shall be
42inserted before the word "impose" in the first sentence, and
43except that the second sentence of the second paragraph shall be
44deleted if the district is advertising pursuant to paragraph
45(3)(e):
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47
NOTICE OF TAX FOR SCHOOL
48
CAPITAL OUTLAY
49
50     The   (name of school district)   will soon consider a
51measure to impose a   (number)   mill property tax for the
52capital outlay projects listed herein.
53     This tax is in addition to the school board's proposed tax
54of   (number)   mills for operating expenses and is proposed
55solely at the discretion of the school board. THE PROPOSED
56COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
57AND 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)
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63     All concerned citizens are invited to a public hearing to
64be held on   (date and time)   at   (meeting place)  .
65     A DECISION on the proposed CAPITAL OUTLAY TAXES will be
66made at this hearing.
67     Section 2.  Paragraph (j) is added to subsection (2) of
68section 1011.71, Florida Statutes, and subsection (5) of that
69section is amended, to read:
70     1011.71  District school tax.--
71     (2)  In addition to the maximum millage levy as provided in
72subsection (1), each school board may levy not more than 2 mills
73against the taxable value for school purposes to fund:
74     (j)  Health, property, and casualty insurance costs of the
75school district.
76
77Violations of these expenditure provisions shall result in an
78equal dollar reduction in the Florida Education Finance Program
79(FEFP) funds for the violating district in the fiscal year
80following the audit citation.
81     (5)(a)  It is the intent of the Legislature that, by July
821, 2003, revenue generated by the millage levy authorized by
83subsection (2) should be used only for the costs of
84construction, renovation, remodeling, maintenance, and repair of
85the educational plant; for the purchase, lease, or lease-
86purchase of equipment, educational plants, and construction
87materials directly related to the delivery of student
88instruction; for the rental or lease of existing buildings, or
89space within existing buildings, originally constructed or used
90for purposes other than education, for conversion to use as
91educational facilities; for the opening day collection for the
92library media center of a new school; for the purchase, lease-
93purchase, or lease of school buses or the payment to a private
94entity to offset the cost of school buses pursuant to paragraph
95(2)(i); and for servicing of payments related to certificates of
96participation issued for any purpose prior to the effective date
97of this act. Costs associated with the lease-purchase of
98equipment, educational plants, and school buses may include the
99issuance of certificates of participation on or after the
100effective date of this act and the servicing of payments related
101to certificates so issued. For purposes of this section,
102"maintenance and repair" is defined in s. 1013.01.
103     (b)  For purposes not delineated in paragraph (a) for which
104proceeds received from millage levied under subsection (2) may
105be legally expended, a district school board may spend no more
106than the following percentages of the amount the district spent
107for these purposes in fiscal year 1995-1996:
108     1.  In fiscal year 2000-2001, 40 percent.
109     2.  In fiscal year 2001-2002, 25 percent.
110     3.  In fiscal year 2002-2003, 10 percent.
111     (c)  Beginning July 1, 2003, revenue generated by the
112millage levy authorized by subsection (2) must be used only for
113the purposes delineated in paragraph (a).
114     (d)  Notwithstanding any other provision of this
115subsection, if through its adopted educational facilities plan a
116district has clearly identified the need for an ancillary plant,
117has provided opportunity for public input as to the relative
118value of the ancillary plant versus an educational plant, and
119has obtained public approval, the district may use revenue
120generated by the millage levy authorized by subsection (2) for
121the acquisition, construction, renovation, remodeling,
122maintenance, or repair of an ancillary plant.
123
124A district that violates these expenditure restrictions shall
125have an equal dollar reduction in funds appropriated to the
126district under s. 1011.62 in the fiscal year following the audit
127citation. The expenditure restrictions do not apply to any
128school district that has met the current year class size
129reduction requirements of s. 1003.03 and certifies to the
130Commissioner of Education that all of the district's
131instructional space needs for the next 5 years can be met from
132capital outlay sources that the district reasonably expects to
133receive during the next 5 years or from alternative scheduling
134or construction, leasing, rezoning, or technological
135methodologies that exhibit sound management.
136     Section 3.  This act shall take effect July 1, 2006.


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