Florida Senate - 2020                                    SB 1034
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00508-20                                            20201034__
    1                        A bill to be entitled                      
    2         An act relating to district millage elections;
    3         amending s. 1011.71, F.S.; increasing the maximum
    4         number of years for which a specified millage may be
    5         levied; deleting obsolete language; amending s.
    6         1011.73, F.S.; conforming provisions to changes made
    7         by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (9) of section 1011.71, Florida
   12  Statutes, is amended to read:
   13         1011.71 District school tax.—
   14         (9) In addition to the maximum millage levied under this
   15  section and the General Appropriations Act, a school district
   16  may levy, by local referendum or in a general election,
   17  additional millage for school operational purposes up to an
   18  amount that, when combined with nonvoted millage levied under
   19  this section, does not exceed the 10-mill limit established in
   20  s. 9(b), Art. VII of the State Constitution. Any such levy must
   21  shall be for a maximum of 10 4 years and must shall be counted
   22  as part of the 10-mill limit established in s. 9(b), Art. VII of
   23  the State Constitution. For the purpose of distributing taxes
   24  collected pursuant to this subsection, the term “school
   25  operational purposes” includes charter schools sponsored by a
   26  school district. Millage elections conducted under the authority
   27  granted pursuant to this section are subject to s. 1011.73.
   28  Funds generated by such additional millage do not become a part
   29  of the calculation of the Florida Education Finance Program
   30  total potential funds and may in 2001-2002 or any subsequent
   31  year and must not be incorporated in the calculation of any
   32  hold-harmless or other component of the Florida Education
   33  Finance Program formula in any year. If an increase in required
   34  local effort, when added to existing millage levied under the
   35  10-mill limit, would result in a combined millage in excess of
   36  the 10-mill limit, any millage levied pursuant to this
   37  subsection must shall be considered to be required local effort
   38  to the extent that the district millage would otherwise exceed
   39  the 10-mill limit. Funds levied under this subsection shall be
   40  shared with charter schools based on each charter school’s
   41  proportionate share of the district’s total unweighted full-time
   42  equivalent student enrollment and used in a manner consistent
   43  with the purposes of the levy. The referendum must contain an
   44  explanation of the distribution methodology consistent with the
   45  requirements of this subsection.
   46         Section 2. Subsection (2) of section 1011.73, Florida
   47  Statutes, is amended to read:
   48         1011.73 District millage elections.—
   49         (2) MILLAGE AUTHORIZED NOT TO EXCEED 10 4 YEARS.—The
   50  district school board, pursuant to resolution adopted at a
   51  regular meeting, shall direct the county commissioners to call
   52  an election at which the electors within the school district may
   53  approve an ad valorem tax millage as authorized under s.
   54  1011.71(9). Such election may be held at any time, except that
   55  not more than one such election may shall be held during any 12
   56  month period. Any millage so authorized must shall be levied for
   57  a period not to exceed 10 in excess of 4 years or until changed
   58  by another millage election, whichever is earlier. If any such
   59  election is invalidated by a court of competent jurisdiction,
   60  such invalidated election must shall be considered not to have
   61  been held.
   62         Section 3. This act shall take effect July 1, 2020.