Senate Bill sb2428
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Florida Senate - 2007 SJR 2428
By Senator Wise
5-1105-07
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to
3 Section 4 of Article IX of the State
4 Constitution relating to school districts.
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6 Be It Resolved by the Legislature of the State of Florida:
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8 That the following amendment to Section 4 of Article IX
9 of the State Constitution is agreed to and shall be submitted
10 to the electors of this state for approval or rejection at the
11 next general election or at an earlier special election
12 specifically authorized by law for that purpose:
13 ARTICLE IX
14 EDUCATION
15 SECTION 4. School districts; school boards.--
16 (a) Each county shall constitute a school district;
17 provided, two or more contiguous counties, upon vote of the
18 electors of each county pursuant to law, may be combined into
19 one school district; and provided further that a county having
20 45,000 or more students in the district schools within the
21 county may be divided into two or more school districts, each
22 school district to have no fewer than 20,000 students, as
23 provided by law. In order to divide a county school district
24 under this subsection, and notwithstanding other provisions of
25 this constitution, a commission made up of residents of the
26 county shall be created by special law to draw school district
27 boundary lines, allocate assets, and provide for the
28 contractual obligations, debts, and bonded indebtedness of the
29 school district, all of which shall be subject to review and
30 approval by the circuit court for compliance with state and
31 federal law and subject to approval by a vote of the electors
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Florida Senate - 2007 SJR 2428
5-1105-07
1 of the county. Funding for operation and capital outlay in
2 school districts divided pursuant to this subsection shall be
3 determined on a countywide basis and distributed to the school
4 districts per student as provided by law, except that funds
5 raised by voted millage for bonded indebtedness or local
6 option sales taxes may be distributed per interlocal agreement
7 between the school districts. Local school taxes in school
8 districts divided pursuant to this subsection, including voted
9 millage for bonded indebtedness, shall be levied on a
10 countywide basis as provided by law.
11 (b) In each school district there shall be a school
12 board composed of five or more members chosen by vote of the
13 electors in a nonpartisan election for appropriately staggered
14 terms of four years, as provided by law.
15 (b) The school board shall operate, control, and
16 supervise all free public schools within the school district
17 and determine the rate of school district taxes within the
18 limits prescribed herein. Two or more school districts may
19 operate and finance joint educational programs.
20 BE IT FURTHER RESOLVED that the following statement be
21 placed on the ballot:
22 CONSTITUTIONAL AMENDMENT
23 ARTICLE IX, SECTION 4
24 AUTHORIZING THE DIVISION OF A COUNTY INTO TWO OR MORE
25 SCHOOL DISTRICTS.--Proposing an amendment to the State
26 Constitution to provide that counties having 45,000 or more
27 students may be divided into two or more school districts as
28 provided by law; to provide for the creation of a commission,
29 by special law, to draw school district boundary lines,
30 allocate assets, and provide for the contractual obligations,
31 debts, and bonded indebtedness of the school district, all of
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Florida Senate - 2007 SJR 2428
5-1105-07
1 which shall be subject to judicial review and approval and
2 voter approval; to provide that, except for voted millage for
3 bonded indebtedness or local option sales taxes, school
4 district funding shall be determined on a countywide basis and
5 distributed as provided by law; and to provide that local
6 school taxes, including voted millage for bonded indebtedness,
7 shall be levied on a countywide basis as provided by law.
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