House Bill hb0267

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    Florida House of Representatives - 2002                 HB 267

        By Representative Richardson






  1                      A bill to be entitled

  2         An act relating to a straw ballot referendum on

  3         an increase in the tax on sales, use, and other

  4         transactions for education; proposing a certain

  5         question to the voters of Florida and

  6         submitting said question to the voters in the

  7         general election, November 5, 2002; providing

  8         an effective date.

  9

10         WHEREAS, the Legislature recognizes that caring and

11  qualified public school teachers play a critical role in

12  preparing children and young adults for success in higher

13  education and in the workplace, and

14         WHEREAS, the Legislature further recognizes that

15  Florida's average teacher salary is $5,000 below the national

16  average and that teacher salaries in the state are not

17  sufficient to recruit and retain the caring and qualified

18  teachers we need, and

19         WHEREAS, the Legislature recognizes that the cost of

20  providing teachers with medical care and prescription drug

21  coverage has risen dramatically, forcing school districts to

22  increase contributions to health insurance in lieu of

23  increasing teacher salaries, and

24         WHEREAS, the Legislature recognizes that school

25  districts have many localized needs, such as escalating

26  operating costs for utilities and transportation, class size

27  reduction, and teacher development, which are straining

28  already tight district budgets, and

29         WHEREAS, the Legislature wishes to determine the views

30  of the people of Florida regarding a 0.5 percent increase in

31  the rate of the tax on sales, use, and other transactions, to

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    Florida House of Representatives - 2002                 HB 267

    791-106B-02






  1  be used for education, by means of a "straw ballot" to be

  2  submitted to the voters at the November 2002 general election,

  3  and

  4         WHEREAS, the Legislature would not implement this

  5  increase unless the "straw ballot" question is approved by a

  6  supermajority vote, and

  7         WHEREAS, the Legislature intends that the entire

  8  proceeds from such an increase would be allocated to qualified

  9  school districts and be used for instructional personnel

10  salaries and benefits, for certain special programs, and for

11  maintenance and operations costs, and

12         WHEREAS, the Legislature intends that 60 percent of

13  such proceeds would be allocated for increases in

14  instructional personnel salaries and related employee benefits

15  for health insurance and prescription drug programs; that

16  "instructional personnel" should include classroom teachers,

17  pupil personnel service providers, librarians/media

18  specialists, other instructional staff, and instructional

19  paraprofessionals as defined in s. 228.041, Florida Statutes,

20  who are employed in the public school system; and that any

21  classroom teacher or adjunct educator who is not state

22  certified pursuant to s. 231.17, Florida Statutes, would not

23  be eligible to receive revenues from this tax increase, and

24         WHEREAS, the Legislature intends that 20 percent of

25  such proceeds would be used for flex funding, to include class

26  size reduction, tutoring, teacher development, and dropout

27  prevention/aims intervention programs, where "aims

28  intervention" means summer programs, after-school programs,

29  before-school programs, or tutoring programs that are

30  specifically designed to ensure that pupils meet the Florida

31  academic standards as measured by the FCAT, and "class size

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    Florida House of Representatives - 2002                 HB 267

    791-106B-02






  1  reduction" means any maintenance and operations expenditure

  2  that is designed to reduce the ratio of pupils to classroom

  3  teachers, including the use of persons who serve as aides to

  4  classroom teachers, and

  5         WHEREAS, the Legislature intends that 20 percent of

  6  such proceeds would be allocated for the maintenance and

  7  operation of schools, exclusive of administrative salaries,

  8  and

  9         WHEREAS, a school district would not be qualified to

10  receive proceeds from this tax increase unless all schools in

11  the district have an approved school improvement plan pursuant

12  to s. 230.23(16), Florida Statutes, and comply with school

13  advisory council membership composition requirements pursuant

14  to s. 229.58(1), Florida Statutes, and unless the district has

15  adopted the performance-based salary schedule required by s.

16  230.23(5), Florida Statutes, and

17         WHEREAS, such proceeds would be allocated to each

18  qualified school in an equal amount for each student enrolled,

19  and

20         WHEREAS, the funds distributed from the tax increase

21  would be in addition to any other appropriation, transfer, or

22  other allocation of public or private funds from any other

23  source and would not supplant, replace, or cause a reduction

24  in other school district funding sources, and

25         WHEREAS, each school district that receives such

26  proceeds would be required, on a quarterly basis, to make

27  available to the public and distribute, in an easy to

28  understand format, the expenditures of such proceeds allocated

29  to the school district, and

30         WHEREAS, the tax increase would be reviewed after 5

31  years by the Department of Education, the district school

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    Florida House of Representatives - 2002                 HB 267

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  1  superintendents, and the local communities and would be

  2  automatically repealed and reviewed by the Legislature after

  3  10 years, NOW, THEREFORE,

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  On November 5, 2002, concurrent with the

  8  general election, there shall be held in all counties of the

  9  state a "straw ballot" to elicit the views of the public on a

10  matter of vital interest to the State of Florida.

11         Section 2.  The following question shall be placed upon

12  the "straw ballot" on November 5, 2002:

13         Do you favor an increase in the state tax on sales,

14  use, and other transactions of 0.5 percent, with an automatic

15  repeal and review of such increase by the Legislature after a

16  period of 10 years, if 60 percent of the revenues from such

17  increase are used to increase salaries and benefits for pubic

18  school instructional personnel, 20 percent of such revenues

19  are used for special programs to reduce class size, to provide

20  for teacher development, and to provide for tutoring, dropout

21  prevention, and similar programs, and 20 percent of such

22  revenues are used for maintenance and operation of schools?

23

24           ....FOR THE SALES TAX INCREASE FOR EDUCATION

25         ....AGAINST THE SALES TAX INCREASE FOR EDUCATION

26

27         Section 3.  This act shall take effect upon becoming a

28  law.

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    Florida House of Representatives - 2002                 HB 267

    791-106B-02






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  2                          HOUSE SUMMARY

  3
      Provides for submission of a "straw ballot" question to
  4    the voters of the state at the November 2002 general
      election to determine their support for a 0.5 percent
  5    sales tax increase to increase instructional personnel
      salaries and benefits, provide for certain special school
  6    programs, and provide for school maintenance and
      operation.
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