House Bill hb2001
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    Florida House of Representatives - 2002                HB 2001
        By the Committee on Local Government & Veterans Affairs
    and Representatives Attkisson and Bennett
  1                      A bill to be entitled
  2         An act relating to educational facilities
  3         benefit districts; creating s. 235.1851, F.S.;
  4         providing legislative intent; authorizing the
  5         creation of educational facilities benefit
  6         districts pursuant to interlocal agreement;
  7         providing for creation of an educational
  8         facilities benefit district through adoption of
  9         an ordinance; specifying content of such
10         ordinances; providing for the creating entity
11         to be the local general purpose government
12         within whose boundaries a majority of the
13         educational facilities benefit district's lands
14         are located; providing that educational
15         facilities benefit districts may only be
16         created with the consent of the district school
17         board, all affected local general purpose
18         governments, and all landowners within the
19         district; providing for the membership of the
20         governing boards of educational facilities
21         benefit districts; providing the powers of
22         educational facilities benefit districts;
23         authorizing community development districts,
24         created pursuant to ch. 190, F.S., to be
25         eligible for financial enhancements available
26         to educational facilities benefit districts;
27         conditioning such eligibility upon the
28         establishment of an interlocal agreement;
29         creating s. 235.1852, F.S.; providing funding
30         for educational facilities benefit districts
31         and community development districts; creating
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    Florida House of Representatives - 2002                HB 2001
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  1         s. 235.1853, F.S.; providing for the
  2         utilization of educational facilities built
  3         pursuant to this act; providing an effective
  4         date.
  5
  6  Be It Enacted by the Legislature of the State of Florida:
  7
  8         Section 1.  Section 235.1851, Florida Statutes, is
  9  created to read:
10         235.1851  Educational facilities benefit districts.--
11         (1)  It is the intent of the Legislature to encourage
12  and authorize public cooperation among district school boards,
13  affected local general purpose governments, and benefited
14  private interests in order to implement financing for timely
15  construction and maintenance of school facilities, including
16  facilities identified in individual district facilities work
17  programs or proposed by approved charter schools.  It is the
18  further intent of the Legislature to provide efficient
19  alternative mechanisms and incentives to allow for sharing
20  costs of educational facilities necessary to accommodate new
21  growth and development among public agencies, including
22  district school boards, affected local general purpose
23  governments, and benefited private development interests.
24         (2)  The Legislature hereby authorizes the creation of
25  educational facilities benefit districts pursuant to
26  interlocal cooperation agreements between a district school
27  board and all local general purpose governments within whose
28  jurisdiction a district is located.  The purpose of
29  educational facilities benefit districts is to assist in
30  financing the construction and maintenance of educational
31  facilities.
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  1         (3)(a)  An educational facilities benefit district may
  2  be created pursuant to this act and chapters 125, 163, 166,
  3  and 189.  An educational facilities benefit district charter
  4  may be created by a county or municipality by entering into an
  5  interlocal agreement, as authorized by s. 163.01, with the
  6  district school board and any local general purpose government
  7  within whose jurisdiction a portion of the district is located
  8  and adoption of an ordinance that includes all provisions
  9  contained within s. 189.4041.  The creating entity shall be
10  the local general purpose government within whose boundaries a
11  majority of the educational facilities benefit district's
12  lands are located.
13         (b)  Creation of any educational facilities benefit
14  district shall be conditioned upon the consent of the district
15  school board, all local general purpose governments within
16  whose jurisdiction any portion of the educational facilities
17  benefit district is located, and all landowners within the
18  district. The membership of the governing board of any
19  educational facilities benefit district shall include
20  representation of the district school board, each cooperating
21  local general purpose government, and the landowners within
22  the district.  In the case of an educational facilities
23  benefit district's decision to create a charter school, the
24  board of directors of the charter school shall constitute the
25  members of the governing board for the educational facilities
26  benefit district.
27         (4)  The educational facilities benefit district shall
28  have, and its governing board may exercise, the following
29  powers:
30         (a)  To finance and construct educational facilities
31  within the district's boundaries.
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  1         (b)  To sue and be sued in the name of the district; to
  2  adopt and use a seal and authorize the use of a facsimile
  3  thereof; to acquire, by purchase, gift, devise, or otherwise,
  4  and to dispose of real and personal property or any estate
  5  therein; and to make and execute contracts and other
  6  instruments necessary or convenient to the exercise of its
  7  powers.
  8         (c)  To apply for coverage of its employees under the
  9  Florida Retirement System in the same manner as if such
10  employees were state employees, subject to necessary action by
11  the district to pay employer contributions into the state
12  retirement fund.
13         (d)  To contract for the services of consultants to
14  perform planning, engineering, legal, or other appropriate
15  services of a professional nature.  Such contracts shall be
16  subject to the public bidding or competitive negotiations
17  required of local general purpose governments.
18         (e)  To borrow money and accept gifts; to apply for
19  unused grants or loans of money or other property from the
20  United States, the state, a unit of local government, or any
21  person for any district purposes and enter into agreements
22  required in connection therewith; and to hold, use, and
23  dispose of such moneys or property for any district purposes
24  in accordance with the terms of the gift, grant, loan, or
25  agreement relating thereto.
26         (f)  To adopt resolutions and polices prescribing the
27  powers, duties, and functions of the officers of the district,
28  the conduct of the business of the district, and the
29  maintenance of records and documents of the district.
30         (g)  To maintain an office at such place or places as
31  it may designate within the district or within the boundaries
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  1  of the local general purpose government that created the
  2  district.
  3         (h)  To hold, control, and acquire by donation,
  4  purchase, or condemnation pursuant to chapter 73 or chapter 74
  5  if authorized by all governmental entities that are party to
  6  the interlocal agreement, or dispose of any public easements,
  7  dedication to public use, platted reservations for public
  8  purposes, or any reservations for those purposes authorized by
  9  this act and to make use of such easements, dedications, or
10  reservations for any of the purposes authorized by this act.
11         (i)  To lease as lessor or lessee to or from any
12  person, firm, corporation, association, or body, public or
13  private, any projects of the type that the district is
14  authorized to undertake and facilities or property of any
15  nature for use of the district to carry out any of the
16  purposes authorized by this act.
17         (j)  To borrow money and issue bonds, certificates,
18  warrants, notes, or other evidence of indebtedness pursuant to
19  this act for periods not longer than 30 years, provided such
20  bonds, certificates, warrants, notes, or other indebtedness
21  shall only be guaranteed by non-ad valorem assessments legally
22  imposed by the district and other available sources of funds
23  provided in this act and shall not pledge the full faith and
24  credit of any local general purpose government or the district
25  school board.
26         (k)  To cooperate with or contract with other
27  governmental agencies as may be necessary, convenient,
28  incidental, or proper in connection with any of the powers,
29  duties, or purposes authorized by this act and to accept
30  funding from local and state agencies as provided in this act.
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  1         (l)  To levy, impose, collect, and enforce non-ad
  2  valorem assessments, as defined by s. 197.3632(1)(d), pursuant
  3  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
  4  and 197.3635.
  5         (m)  To exercise all powers necessary, convenient,
  6  incidental, or proper in connection with any of the powers,
  7  duties, or purposes authorized by this act.
  8         (5)  As an alternative to the creation of an
  9  educational facilities benefit district, the Legislature
10  hereby recognizes and encourages the consideration of
11  community development district creation pursuant to chapter
12  190 as a viable alternative for financing the construction and
13  maintenance of educational facilities as described in this
14  act.  Community development districts are therefore deemed
15  eligible for the financial enhancements available to
16  educational facilities benefit districts providing for
17  financing the construction and maintenance of educational
18  facilities pursuant to s. 235.1852.  In order to receive such
19  financial enhancements, a community development district must
20  enter into an interlocal agreement with the district school
21  board and affected local general purpose governments that
22  specifies the obligations of all parties to the agreement.
23         Section 2.  Section 235.1852, Florida Statutes, is
24  created to read:
25         235.1852  Local funding for educational facilities
26  benefit districts or community development districts.--Upon
27  confirmation by a district school board of the commitment of
28  revenues by an educational facilities benefit district or
29  community development district necessary to construct and
30  maintain an educational facility contained within an
31  individual district facilities work program or proposed by an
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  1  approved charter school, the following funds shall be provided
  2  to the educational facilities benefit district or community
  3  development district annually, beginning with the next fiscal
  4  year after confirmation until the district's financial
  5  obligations are completed:
  6         (1)  An annual amount equal to 1 mill of taxation for
  7  all taxable property within the educational facilities benefit
  8  district or community development district, contributed by the
  9  district school board.
10         (2)  All educational facilities impact fee revenue
11  collected for new development within the educational
12  facilities benefit district or community development district.
13         Section 3.  Section 235.1853, Florida Statutes, is
14  created to read:
15         235.1853  Educational facilities benefit district or
16  community development district facility utilization.--All
17  facilities funded pursuant to this act shall reflect the
18  racial balance of the school district pursuant to state and
19  federal law.  However, to the extent allowable pursuant to
20  state and federal law, the interlocal agreement providing for
21  the establishment of the educational facilities benefit
22  district or the interlocal agreement between the community
23  development district and the district school board and
24  affected local general purpose governments may provide for the
25  district school board to establish school attendance zones
26  that allow students residing within a reasonable distance of
27  facilities financed through the interlocal agreement to attend
28  such facilities.
29         Section 4.  This act shall take effect upon becoming a
30  law.
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  2                          HOUSE SUMMARY
  3
      Authorizes the creation of educational facilities benefit
  4    districts pursuant to interlocal agreement. Provides for
      creation of an educational facilities benefit district
  5    through adoption of an ordinance. Provides for the
      creating entity to be the local general purpose
  6    government within whose boundaries a majority of the
      educational facilities benefit district's lands are
  7    located. Provides that educational facilities benefit
      districts may only be created with the consent of the
  8    district school board, all affected local general purpose
      governments, and all landowners within the district.
  9    Provides for the membership of the governing boards of
      educational facilities benefit districts. Provides the
10    powers of educational facilities benefit districts.
      Authorizes community development districts, created
11    pursuant to ch. 190, F.S., to be eligible for financial
      enhancements available to educational facilities benefit
12    districts. Provides funding for educational facilities
      benefit districts and community development districts.
13    Provides for the utilization of educational facilities
      built pursuant to this act.
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