Florida Senate - 2008 SJR 690

By Senator Wise

5-00589-08 2008690__

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Senate Joint Resolution

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A joint resolution proposing an amendment to Section 4 of

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Article IX of the State Constitution, to allow the

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division of certain school districts.

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Be It Resolved by the Legislature of the State of Florida:

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     That the following amendment to Section 4 of Article IX of

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the State Constitution is agreed to and shall be submitted to the

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electors of this state for approval or rejection at the next

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general election or at an earlier special election specifically

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authorized by law for that purpose:

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ARTICLE IX

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EDUCATION

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     SECTION 4.  School districts; school boards.--

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     (a)  Each county shall constitute a school district;

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provided, two or more contiguous counties, upon vote of the

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electors of each county pursuant to law, may be combined into one

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school district; and provided further that a county having 45,000

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or more students in the district schools within the county may be

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divided into two or more school districts, each school district

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to have no fewer than 20,000 students, as provided by law. In

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order to divide a county school district under this subsection,

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and notwithstanding other provisions of this constitution, a

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commission made up of residents of the county shall be created by

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special law to draw school district boundary lines, allocate

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assets, and provide for the contractual obligations, debts, and

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bonded indebtedness of the school district, all of which shall be

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subject to review and approval by the circuit court for

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compliance with state and federal law and subject to approval by

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a vote of the electors of the county. Funding for operation and

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capital outlay in school districts divided pursuant to this

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subsection shall be determined on a countywide basis and

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distributed to the school districts per student as provided by

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law, except that funds raised by voted millage for bonded

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indebtedness or local option sales taxes may be distributed per

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interlocal agreement between the school districts. Local school

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taxes in school districts divided pursuant to this subsection,

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including voted millage for bonded indebtedness, shall be levied

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on a countywide basis as provided by law.

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     (b) In each school district there shall be a school board

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composed of five or more members chosen by vote of the electors

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in a nonpartisan election for appropriately staggered terms of

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four years, as provided by law.

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     (b) The school board shall operate, control, and supervise

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all free public schools within the school district and determine

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the rate of school district taxes within the limits prescribed

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herein. Two or more school districts may operate and finance

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joint educational programs.

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     BE IT FURTHER RESOLVED that the following statement be

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placed on the ballot:

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CONSTITUTIONAL AMENDMENT

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ARTICLE IX, SECTION 4

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     AUTHORIZING THE DIVISION OF CERTAIN COUNTIES INTO TWO OR

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MORE SCHOOL DISTRICTS.--Proposing an amendment to the State

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Constitution to provide that counties having 45,000 or more

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students may be divided into two or more school districts as

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provided by law; to provide for the creation of a commission, by

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special law, to draw school district boundary lines, allocate

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assets, and provide for the contractual obligations, debts, and

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bonded indebtedness of the school district, all of which shall be

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subject to judicial review and approval and voter approval; to

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provide that, except for voted millage for bonded indebtedness or

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local option sales taxes, school district funding shall be

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determined on a countywide basis and distributed as provided by

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law; and to provide that local school taxes, including voted

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millage for bonded indebtedness, shall be levied on a countywide

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basis as provided by law.

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