Florida Senate - 2016                                    SB 1332
       
       
        
       By Senator Altman
       
       16-01158-16                                           20161332__
    1                        A bill to be entitled                      
    2         An act relating to transparency in state education
    3         funding; amending s. 200.065, F.S.; revising the
    4         information required to be in a school district’s
    5         tentative budget advertisement; creating s. 1011.623,
    6         F.S.; requiring the Department of Education to
    7         annually provide each school district with the current
    8         and prior fiscal years’ adjusted actual statewide
    9         required local effort tax revenue and a statement
   10         indicating whether the difference between the two
   11         represents an increase or a decrease; requiring school
   12         districts to publish in the tentative budget
   13         advertisement the percentage tax increase or tax
   14         decrease and an explanation of the percentage;
   15         requiring the General Appropriations Act to
   16         specifically state any increase or decrease in the
   17         adjusted estimated statewide required local effort tax
   18         revenue from the prior fiscal year, expressed in a
   19         dollar amount and as a percentage; requiring the
   20         Legislature to use the increase or decrease in
   21         required local effort in the calculation of publicized
   22         net tax increases or decreases; providing definitions;
   23         providing applicability; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Paragraphs (c) and (d) of subsection (3) of
   28  section 200.065, Florida Statutes, are amended to read:
   29         200.065 Method of fixing millage.—
   30         (3) The advertisement shall be no less than one-quarter
   31  page in size of a standard size or a tabloid size newspaper, and
   32  the headline in the advertisement shall be in a type no smaller
   33  than 18 point. The advertisement shall not be placed in that
   34  portion of the newspaper where legal notices and classified
   35  advertisements appear. The advertisement shall be published in a
   36  newspaper of general paid circulation in the county or in a
   37  geographically limited insert of such newspaper. The geographic
   38  boundaries in which such insert is circulated shall include the
   39  geographic boundaries of the taxing authority. It is the
   40  legislative intent that, whenever possible, the advertisement
   41  appear in a newspaper that is published at least 5 days a week
   42  unless the only newspaper in the county is published less than 5
   43  days a week, or that the advertisement appear in a
   44  geographically limited insert of such newspaper which insert is
   45  published throughout the taxing authority’s jurisdiction at
   46  least twice each week. It is further the legislative intent that
   47  the newspaper selected be one of general interest and readership
   48  in the community and not one of limited subject matter, pursuant
   49  to chapter 50.
   50         (c) For school districts which have proposed a millage rate
   51  in excess of 100 percent of the rolled-back rate computed
   52  pursuant to subsection (1) and which propose to levy nonvoted
   53  millage in excess of the minimum amount required pursuant to s.
   54  1011.60(6), the advertisement shall be in the following form:
   55  
   56                   NOTICE OF PROPOSED TAX INCREASE                 
   57  
   58         The ...(name of school district)... will soon consider a
   59  measure to increase its property tax levy.
   60  Last year’s property tax levy:
   61         A. Initially proposed tax levy................$XX,XXX,XXX
   62         B. Less tax reductions due to Value Adjustment Board and
   63  other assessment changes...........................($XX,XXX,XXX)
   64         C. Actual property tax levy...................$XX,XXX,XXX
   65  This year’s proposed tax levy........................$XX,XXX,XXX
   66         A portion of the tax levy is required under state law in
   67  order for the school board to receive $...(amount A)... in state
   68  education grants. The required portion has ...(increased or
   69  decreased)... by ...(amount B)... percent and represents
   70  approximately ...(amount C)... of the total proposed taxes. The
   71  total required portion for all school districts across the
   72  state, excluding changes due to net new taxable value, has
   73  ...(increased or decreased)... by ...(amount D)... percent from
   74  the prior year.
   75         The remainder of the taxes is proposed solely at the
   76  discretion of the school board.
   77         All concerned citizens are invited to a public hearing on
   78  the tax increase to be held on ...(date and time)... at
   79  ...(meeting place)....
   80         A DECISION on the proposed tax increase and the budget will
   81  be made at this hearing.
   82         1. AMOUNT A shall be an estimate, provided by the
   83  Department of Education, of the amount to be received in the
   84  current fiscal year by the district from state appropriations
   85  for the Florida Education Finance Program.
   86         2. AMOUNT B shall be the percent increase over the rolled
   87  back rate necessary to levy only the required local effort in
   88  the current fiscal year, computed as though in the preceding
   89  fiscal year only the required local effort was levied.
   90         3. AMOUNT C shall be the quotient of required local-effort
   91  millage divided by the total proposed nonvoted millage, rounded
   92  to the nearest tenth and stated in words; however, the stated
   93  amount shall not exceed nine-tenths.
   94         4. AMOUNT D shall be the quotient of the current fiscal
   95  year statewide required local-effort tax revenue, divided by the
   96  prior fiscal year statewide required-local effort tax revenue,
   97  computed pursuant to s. 1011.623, F.S.
   98         (d) For school districts which have proposed a millage rate
   99  in excess of 100 percent of the rolled-back rate computed
  100  pursuant to subsection (1) and which propose to levy as nonvoted
  101  millage only the minimum amount required pursuant to s.
  102  1011.60(6), the advertisement shall be the same as provided in
  103  paragraph (c), except that the second and third paragraphs shall
  104  be replaced with the following paragraph:
  105         This increase is required under state law in order for the
  106  school board to receive $...(amount A)... in state education
  107  grants. The total required portion for all school districts
  108  across the state, excluding changes due to net new taxable
  109  value, has ...(increased or decreased)... by ...(amount D)...
  110  percent from the prior year.
  111         Section 2. Section 1011.623, Florida Statutes, is created
  112  to read:
  113         1011.623 Annual notice of required local effort tax
  114  revenue.—
  115         (1) Annually, by August 19, the Department of Education
  116  must provide to each school district the adjusted actual
  117  statewide required local effort tax revenue for the current
  118  fiscal year, the actual statewide required local effort tax
  119  revenue for the prior fiscal year, and a statement indicating an
  120  increase or decrease, expressed in a percentage, in the current
  121  fiscal year adjusted actual statewide required local effort tax
  122  revenue over the prior fiscal year actual statewide required
  123  local effort tax revenue.
  124         (2) Each school district shall publish in its tentative
  125  budget advertisement required under s. 200.065(2)(f)1. the
  126  percentage described in subsection (1) and a clear and concise
  127  explanation of the percentage.
  128         (3) The General Appropriations Act must include a statement
  129  indicating the increase or decrease in the current fiscal year
  130  adjusted estimated statewide required local effort tax revenue
  131  over the prior fiscal year actual statewide required local
  132  effort tax revenue, expressed both in a dollar amount and as a
  133  percentage change. The statement shall describe an increase
  134  using the term “tax increase” and a decrease using the term “tax
  135  decrease.”
  136         (4) The Legislature shall use the dollar amount in
  137  subsection (3), in combination with other tax increases or
  138  decreases passed by the Legislature during the current
  139  legislative session, to calculate any statewide net tax increase
  140  or decrease publicized by, or on behalf of, the Legislature.
  141         (5) For purposes of this section:
  142         (a) The term “adjusted actual statewide required local
  143  effort tax revenue” means the sum across all school districts of
  144  the product of each district’s current fiscal year required
  145  local effort millage rate, computed by the Commissioner of
  146  Education, multiplied by 96 percent of each district’s current
  147  year taxable value, exclusive of net new taxable value.
  148         (b) The term “adjusted estimated statewide required local
  149  effort tax revenue” means the sum across all school districts of
  150  the product of each district’s current fiscal year estimated
  151  required local effort millage rate, incorporated by reference in
  152  the General Appropriations Act, multiplied by 96 percent of each
  153  district’s current year estimated taxable value, as determined
  154  by the Revenue Estimating Conference, exclusive of estimated net
  155  new taxable value.
  156         (c) The term “net new taxable value” means the sum of the
  157  values of new construction, additions to structures, deletions,
  158  increases in the value of improvements that have undergone a
  159  substantial rehabilitation which increased the assessed value of
  160  such improvements by at least 100 percent, property added due to
  161  geographic boundary changes, total taxable value of tangible
  162  personal property within the jurisdiction in excess of 115
  163  percent of the prior year’s total taxable value, and any
  164  dedicated increment value, that will provide the same ad valorem
  165  tax revenue for each taxing authority as was levied during the
  166  prior year less the amount, if any, paid or applied as a
  167  consequence of an obligation measured by the dedicated increment
  168  value.
  169         Section 3. This act shall take effect July 1, 2016, and
  170  first applies beginning with the 2016 tax roll.