The Florida Senate

236.32  Procedure for holding and conducting school district millage elections.--The procedure for holding and conducting school district millage elections shall be:

(1)  HOLDING ELECTIONS.--All school district millage elections shall be held and conducted in the manner prescribed by law for holding general elections, except as provided in this chapter. The school board shall appoint inspectors and clerks for said election, whose duties shall be the same as those of similar officers in general elections, except as herein stated.

(2)  FORM OF BALLOT.--The school board, at its option, may determine whether to use paper ballots or automatic voting machines for said election. On the ballot, the school board may propose a single millage or two millages, with one for operating expenses and another for a local capital improvement reserve fund. When two millage figures are proposed, each millage shall be voted on separately. The school board shall provide substantially the following form of ballot for voting the levy in the school district:

SPECIAL SCHOOL DISTRICT MILLAGE ELECTION FOR THE DISTRICT OF _____ COUNTY, FLORIDA, HELD _____,  (year) .

(a)  In districts where paper ballots are used the following instructions shall be included:

INSTRUCTIONS TO VOTERS: The proposed levy for the school term as proposed by the school board is _____ mills for operating expenses and _____ mills for the local capital improvement reserve fund. Each millage will be voted on and determined separately. Indicate your choice by making an "X" in the proper space below. If some other millage for operating expenses is desired, indicate by writing in the millage. On the proposed levy for local capital improvement reserve fund, vote "for" or "against."

1.  Proposed levy of _____ mills for operating expenses.

[ ]  FOR proposed levy of _____ mills for operating expenses.

[ ]  AGAINST proposed levy of _____ mills for operating expenses.

2.  Proposed levy of _____ mills for local capital improvement reserve fund.

[ ]  FOR proposed levy of _____ mills for local capital improvement reserve fund.

[ ]  AGAINST proposed levy for local capital improvement reserve fund.

(b)  In districts where automatic voting machines are used the following instructions shall be included:

INSTRUCTIONS TO VOTERS: The proposed levy for the school term as proposed by the school board is _____ mills for operating expenses and _____ mills for the local capital improvement reserve fund.

Each millage will be voted on and determined separately. If you favor the proposed millage for operating expenses, so indicate by depressing the "for" lever directly over (under) the proposed millage. If you favor a different millage for operating expenses, so indicate by writing in the millage you favor. You may select only one millage for operating expenses. On the proposed millage for the local capital improvement reserve fund, indicate your choice by depressing the "for" lever or the "against" lever over (under) the proposed millage.

(3)  QUALIFICATIONS OF ELECTORS.--All qualified electors of any school district in the state whose voting registrations are in that district, shall be entitled to vote in the election to set the school tax district millage levy.

(4)  CANVASS OF RETURNS.--The school board shall canvass the returns of the election as made to it by the inspectors and clerks of the election and shall declare the results at the next regular meeting of said board or at a special meeting called for that purpose.

(5)  RESULTS OF ELECTION.--When the school board proposes one tax levy for operating expenses and another for the local capital improvement reserve fund, the results shall be considered separately:

(a)  The tax levy for operating expenses receiving the majority of all votes for such tax levies cast by the qualified electors, or, in case no one levy receives a majority, that levy for which, together with the votes cast for higher levies, a majority of the votes are cast, shall become the levy for operating expenses for the district.

(b)  The tax levy for the local capital improvement reserve fund shall be levied only in case a majority of the electors participating in the election vote in favor of the proposed special millage.

(6)  EXPENSES OF ELECTION.--The cost of the publication of the notice of the election and all expenses of the election in the school district shall be included in the budget and paid by the school board.

History.--s. 1032, ch. 19355, 1939; CGL 1940 Supp. 892(351); s. 7, ch. 22858, 1945; s. 78, ch. 29764, 1955; s. 14, ch. 61-288; s. 2, ch. 65-60; ss. 154, 155, ch. 65-239; s. 2, ch. 65-427; s. 1, ch. 69-300; s. 5, ch. 70-401; s. 2, ch. 71-263; s. 71, ch. 71-355; s. 19, ch. 99-6.