Senate Bill sb0224

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    Florida Senate - 2003                                   SB 224

    By Senator Wasserman Schultz





    34-224-03

  1                      A bill to be entitled

  2         An act relating to school district capital

  3         outlay revenue; amending s. 125.01, F.S.;

  4         providing that a county in which the school

  5         board is receiving certain intangible tax

  6         revenues or levying the local option sales

  7         surtax is prohibited from levying school impact

  8         fees; amending s. 199.292, F.S.; providing for

  9         transfer of a portion of nonrecurring

10         intangible personal property tax revenues to

11         the School District Capital Outlay Trust Fund;

12         providing for distribution of a portion of such

13         revenues to school districts that collected

14         impact fee revenues in fiscal year 2002-2003 to

15         supplant such impact fees; providing

16         requirements for distribution of the remainder

17         of such revenues to all school districts;

18         amending s. 212.054, F.S.; providing for

19         application of certain notice requirements for

20         levy of the surtax; amending ss. 212.055,

21         1011.71, F.S.; providing that school boards may

22         levy a local option sales surtax in lieu of

23         levying all or a part of the nonvoted district

24         school capital improvement millage; authorizing

25         levy of such surtax by resolution and providing

26         requirements with respect thereto; providing

27         for uses of the surtax proceeds; amending s.

28         1013.15, F.S., relating to lease or rental of

29         educational facilities and sites and s.

30         1013.64, F.S., relating to requests for funding

31         from the Special Facility Construction Account,

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 1         to conform; providing a contingent effective

 2         date.

 3  

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

 5  

 6         Section 1.  Subsection (8) is added to section 125.01,

 7  Florida Statutes, to read:

 8         125.01  Powers and duties.--

 9         (8)  Any county in which the school board is receiving

10  intangible personal property tax revenues pursuant to s.

11  199.292(2) or levying the local option sales surtax pursuant

12  to ss. 212.055(8) and 1011.71(2) is prohibited from levying

13  any impact fee for school purposes.

14         Section 2.  Section 199.292, Florida Statutes, is

15  amended to read:

16         199.292  Disposition of intangible personal property

17  taxes.--All intangible personal property taxes collected

18  pursuant to this chapter shall be placed in a special fund

19  designated as the "Intangible Tax Trust Fund." The fund shall

20  be disbursed as follows:

21         (1)  Revenues derived from the annual tax on a

22  leasehold described in s. 199.023(1)(d) shall be returned to

23  the local school board for the county in which the property

24  subject to the leasehold is situated.

25         (2)  Sixty-two and three-tenths percent of the revenues

26  derived from the nonrecurring tax imposed by s. 199.133 shall

27  be transferred to the School District Capital Outlay Trust

28  Fund. These funds shall be distributed in the following

29  manner:

30         (a)  An amount equal to school impact fee collections

31  in fiscal year 2002-2003 shall be distributed to the school

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 1  districts that collected such fees to supplant their school

 2  impact fees. When any such school district levies a local

 3  option sales surtax pursuant to ss. 212.055(8) and 1011.71(2),

 4  it will not be eligible to receive funds under this paragraph

 5  but will remain eligible to receive funds under paragraph (b).

 6         (b)  The balance of these revenues shall be distributed

 7  to all school districts as follows:

 8         1.  Twenty-five percent of the balance shall be

 9  distributed pro rata to the districts based on each district's

10  percentage of base capital outlay full-time-equivalent

11  membership, and 65 percent of the balance shall be distributed

12  pro rata to the districts based on each district's percentage

13  of gross capital outlay full-time-equivalent membership as

14  specified for the allocation of funds from the Public

15  Education Capital Outlay and Debt Service Trust Fund by s.

16  1013.64(3).

17         2.  Ten percent of the balance shall be allocated among

18  the district school boards according to the allocation formula

19  in s. 1013.64(1)(a).

20         (3)(2)  There is hereby appropriated annually out of

21  the fund the amount necessary for the effective and efficient

22  administration and enforcement by the department of the

23  provisions of chapters 192, 193, 194, 195, 196, 197, and 198

24  and this chapter.

25         (4)(3)  Of the remaining intangible personal property

26  taxes collected, the balance shall be transferred to the

27  General Revenue Fund of the state.

28         Section 3.  Subsection (7) of section 212.054, Florida

29  Statutes, is amended to read:

30         212.054  Discretionary sales surtax; limitations,

31  administration, and collection.--

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 1         (7)(a)  The governing body of any county levying a

 2  discretionary sales surtax or the school board of any county

 3  levying the school capital outlay surtax authorized by s.

 4  212.055(6) or (8) shall notify the department within 10 days

 5  after final adoption by ordinance, resolution, or referendum

 6  of an imposition, termination, or rate change of the surtax,

 7  but no later than November 16 prior to the effective date.

 8  The notice must specify the time period during which the

 9  surtax will be in effect and the rate and must include a copy

10  of the ordinance or resolution and such other information as

11  the department requires by rule. Failure to timely provide

12  such notification to the department shall result in the delay

13  of the effective date for a period of 1 year.

14         (b)  In addition to the notification required by

15  paragraph (a), the governing body of any county proposing to

16  levy a discretionary sales surtax or the school board of any

17  county proposing to levy the school capital outlay surtax

18  authorized by s. 212.055(6) or (8) shall notify the department

19  by October 1 if the referendum or consideration of the

20  ordinance or resolution that would result in imposition,

21  termination, or rate change of the surtax is scheduled to

22  occur on or after October 1 of that year.  Failure to timely

23  provide such notification to the department shall result in

24  the delay of the effective date for a period of 1 year.

25         Section 4.  Subsection (8) is added to section 212.055,

26  Florida Statutes, to read:

27         212.055  Discretionary sales surtaxes; legislative

28  intent; authorization and use of proceeds.--It is the

29  legislative intent that any authorization for imposition of a

30  discretionary sales surtax shall be published in the Florida

31  Statutes as a subsection of this section, irrespective of the

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 1  duration of the levy.  Each enactment shall specify the types

 2  of counties authorized to levy; the rate or rates which may be

 3  imposed; the maximum length of time the surtax may be imposed,

 4  if any; the procedure which must be followed to secure voter

 5  approval, if required; the purpose for which the proceeds may

 6  be expended; and such other requirements as the Legislature

 7  may provide.  Taxable transactions and administrative

 8  procedures shall be as provided in s. 212.054.

 9         (8)  SCHOOL CAPITAL OUTLAY MILLAGE EXCHANGE SURTAX.--

10         (a)  The school board in any county may levy by

11  resolution a discretionary sales surtax of 1 percent in lieu

12  of levying 2 mills of ad valorem tax under s. 1011.71(2), or a

13  discretionary sales surtax of 0.5 percent in lieu of levying 1

14  mill of ad valorem tax under s. 1011.71(2). If a school board

15  that is levying millage under s. 1011.71(2) levies the

16  discretionary sales surtax under this subsection at the rate

17  of 1 percent, it must reduce the millage it levies under s.

18  1011.71(2) by 2 mills. If a school board that is levying

19  millage under s. 1011.71(2) levies the discretionary sales

20  surtax under this subsection at the rate of 0.5 percent, it

21  must reduce the millage it levies under s. 1011.71(2) by 1

22  mill.

23         (b)  The resolution levying a discretionary sales

24  surtax under this subsection shall set forth a plan for the

25  use of surtax proceeds for school capital outlay projects.

26         (c)  The proceeds of a discretionary sales surtax

27  levied under this subsection shall be used by the school

28  district only for those purposes specified in s. 1011.71(2)

29  and (5).

30  

31  

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 1         (d)  Surtax proceeds collected by the Department of

 2  Revenue pursuant to this subsection shall be distributed to

 3  the school board imposing the surtax in accordance with law.

 4         Section 5.  Section 1011.71, Florida Statutes, is

 5  amended to read:

 6         1011.71  District school tax.--

 7         (1)  If the district school tax is not provided in the

 8  General Appropriations Act or the substantive bill

 9  implementing the General Appropriations Act, each district

10  school board desiring to participate in the state allocation

11  of funds for current operation as prescribed by s. 1011.62(9)

12  shall levy on the taxable value for school purposes of the

13  district, exclusive of millage voted under the provisions of

14  s. 9(b) or s. 12, Art. VII of the State Constitution, a

15  millage rate not to exceed the amount certified by the

16  commissioner as the minimum millage rate necessary to provide

17  the district required local effort for the current year,

18  pursuant to s. 1011.62(4)(a)1. In addition to the required

19  local effort millage levy, each district school board may levy

20  a nonvoted current operating discretionary millage. The

21  Legislature shall prescribe annually in the appropriations act

22  the maximum amount of millage a district may levy. The millage

23  rate prescribed shall exceed zero mills but shall not exceed

24  the lesser of 1.6 mills or 25 percent of the millage which is

25  required pursuant to s. 1011.62(4), exclusive of millage

26  levied pursuant to subsection (2).

27         (2)  In addition to the maximum millage levy as

28  provided in subsection (1), each school board may levy up to

29  not more than 2 mills against the taxable value for school

30  purposes or, in lieu of a levy of 2 mills, a school board may

31  levy a 1-cent local option sales surtax in accordance with s.

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 1  212.055(8), or in lieu of 1 mill of such levy a school board

 2  may levy a 0.5-cent local option sales surtax in accordance

 3  with s. 212.055(8). This millage or sales surtax levy shall be

 4  used to fund:

 5         (a)  New construction and remodeling projects, as set

 6  forth in s. 1013.64(3)(b) and (6)(b) and included in the

 7  district's educational plant survey pursuant to s. 1013.31,

 8  without regard to prioritization, sites and site improvement

 9  or expansion to new sites, existing sites, auxiliary

10  facilities, athletic facilities, or ancillary facilities.

11         (b)  Maintenance, renovation, and repair of existing

12  school plants or of leased facilities to correct deficiencies

13  pursuant to s. 1013.15(2).

14         (c)  The purchase, lease-purchase, or lease of school

15  buses; drivers' education vehicles; motor vehicles used for

16  the maintenance or operation of plants and equipment; security

17  vehicles; or vehicles used in storing or distributing

18  materials and equipment.

19         (d)  The purchase, lease-purchase, or lease of new and

20  replacement equipment.

21         (e)  Payments for educational facilities and sites due

22  under a lease-purchase agreement entered into by a district

23  school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2),

24  not exceeding, in the aggregate, an amount equal to

25  three-fourths of the proceeds from the millage or sales surtax

26  levied by a district school board pursuant to this subsection.

27         (f)  Payment of loans approved pursuant to ss. 1011.14

28  and 1011.15.

29         (g)  Payment of costs directly related to complying

30  with state and federal environmental statutes, rules, and

31  regulations governing school facilities.

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 1         (h)  Payment of costs of leasing relocatable

 2  educational facilities, of renting or leasing educational

 3  facilities and sites pursuant to s. 1013.15(2), or of renting

 4  or leasing buildings or space within existing buildings

 5  pursuant to s. 1013.15(4).

 6  

 7  Violations of these expenditure provisions shall result in an

 8  equal dollar reduction in the Florida Education Finance

 9  Program (FEFP) funds for the violating district in the fiscal

10  year following the audit citation.

11         (3)  These ad valorem taxes shall be certified,

12  assessed, and collected as prescribed in s. 1011.04 and shall

13  be expended as provided by law.

14         (4)  Nothing in s. 1011.62(4)(a)1. shall in any way be

15  construed to increase the maximum school millage levies as

16  provided for in subsection (1).

17         (5)(a)  It is the intent of the Legislature that, by

18  July 1, 2003, revenue generated by the millage or local option

19  sales surtax levy authorized by subsection (2) should be used

20  only for the costs of construction, renovation, remodeling,

21  maintenance, and repair of the educational plant; for the

22  purchase, lease, or lease-purchase of equipment, educational

23  plants, and construction materials directly related to the

24  delivery of student instruction; for the rental or lease of

25  existing buildings, or space within existing buildings,

26  originally constructed or used for purposes other than

27  education, for conversion to use as educational facilities;

28  for the opening day collection for the library media center of

29  a new school; for the purchase, lease-purchase, or lease of

30  school buses; and for servicing of payments related to

31  certificates of participation issued for any purpose prior to

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 1  the effective date of this act. Costs associated with the

 2  lease-purchase of equipment, educational plants, and school

 3  buses may include the issuance of certificates of

 4  participation on or after the effective date of this act and

 5  the servicing of payments related to certificates so issued.

 6  For purposes of this section, "maintenance and repair" is

 7  defined in s. 1013.01.

 8         (b)  For purposes not delineated in paragraph (a) for

 9  which proceeds received from millage or a local option sales

10  surtax levied under subsection (2) may be legally expended, a

11  district school board may spend no more than the following

12  percentages of the amount the district spent for these

13  purposes in fiscal year 1995-1996:

14         1.  In fiscal year 2000-2001, 40 percent.

15         2.  In fiscal year 2001-2002, 25 percent.

16         3.  In fiscal year 2002-2003, 10 percent.

17         (c)  Beginning July 1, 2003, revenue generated by the

18  millage or local option sales surtax levy authorized by

19  subsection (2) must be used only for the purposes delineated

20  in paragraph (a).

21         (d)  Notwithstanding any other provision of this

22  subsection, if through its adopted educational facilities plan

23  a district has clearly identified the need for an ancillary

24  plant, has provided opportunity for public input as to the

25  relative value of the ancillary plant versus an educational

26  plant, and has obtained public approval, the district may use

27  revenue generated by the millage or local option sales surtax

28  levy authorized by subsection (2) for the acquisition,

29  construction, renovation, remodeling, maintenance, or repair

30  of an ancillary plant.

31  

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 1  A district that violates these expenditure restrictions shall

 2  have an equal dollar reduction in funds appropriated to the

 3  district under s. 1011.62 in the fiscal year following the

 4  audit citation. The expenditure restrictions do not apply to

 5  any school district that certifies to the Commissioner of

 6  Education that all of the district's instructional space needs

 7  for the next 5 years can be met from capital outlay sources

 8  that the district reasonably expects to receive during the

 9  next 5 years or from alternative scheduling or construction,

10  leasing, rezoning, or technological methodologies that exhibit

11  sound management.

12         (6)  In addition to the maximum millage levied under

13  this section and the General Appropriations Act, a school

14  district may levy, by local referendum or in a general

15  election, additional millage for school operational purposes

16  up to an amount that, when combined with nonvoted millage

17  levied under this section, does not exceed the 10-mill limit

18  established in s. 9(b), Art. VII of the State Constitution.

19  Any such levy shall be for a maximum of 4 years and shall be

20  counted as part of the 10-mill limit established in s. 9(b),

21  Art. VII of the State Constitution. Millage elections

22  conducted under the authority granted pursuant to this section

23  are subject to s. 1011.73. Funds generated by such additional

24  millage do not become a part of the calculation of the Florida

25  Education Finance Program total potential funds in 2001-2002

26  or any subsequent year and must not be incorporated in the

27  calculation of any hold-harmless or other component of the

28  Florida Education Finance Program formula in any year. If an

29  increase in required local effort, when added to existing

30  millage levied under the 10-mill limit, would result in a

31  combined millage in excess of the 10-mill limit, any millage

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 1  levied pursuant to this subsection shall be considered to be

 2  required local effort to the extent that the district millage

 3  would otherwise exceed the 10-mill limit.

 4         Section 6.  Paragraph (a) of subsection (2) and

 5  paragraph (a) of subsection (4) of section 1013.15, Florida

 6  Statutes, are amended to read:

 7         1013.15  Lease, rental, and lease-purchase of

 8  educational facilities and sites.--

 9         (2)(a)  A district school board may rent or lease

10  educational facilities and sites as defined in s. 1013.01.

11  Educational facilities and sites rented or leased for 1 year

12  or less shall be funded through the operations budget or local

13  option sales surtax or funds derived from millage proceeds

14  pursuant to s. 1011.71(2). A lease contract for 1 year or

15  less, when extended or renewed beyond a year, becomes a

16  multiple-year lease. Operational funds or funds derived from

17  millage or local option sales surtax proceeds pursuant to s.

18  1011.71(2) may be authorized to be expended for multiple-year

19  leases. All leased facilities and sites must be inspected

20  prior to occupancy by the authority having jurisdiction.

21         1.  All newly leased spaces must be inspected and

22  brought into compliance with the Florida Building Code

23  pursuant to chapter 553 and the life safety codes pursuant to

24  chapter 633, prior to occupancy, using the board's operations

25  budget or funds derived from millage or local option sales

26  surtax proceeds pursuant to s. 1011.71(2).

27         2.  Plans for renovation or remodeling of leased space

28  shall conform to the Florida Building Code and the Florida

29  Fire Prevention Code for educational occupancies or other

30  occupancies, as appropriate and as required in chapters 553

31  and 633, prior to occupancy.

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 1         3.  All leased facilities must be inspected annually

 2  for firesafety deficiencies in accordance with the applicable

 3  code and have corrections made in accordance with s. 1013.12.

 4  Operational funds or funds derived from millage or local

 5  option sales surtax proceeds pursuant to s. 1011.71(2) may be

 6  used to correct deficiencies in leased space.

 7         4.  When the board declares that a public emergency

 8  exists, it may take up to 30 days to bring the leased facility

 9  into compliance with the requirements of State Board of

10  Education rules.

11         (4)(a)  A board may rent or lease existing buildings,

12  or space within existing buildings, originally constructed or

13  used for purposes other than education, for conversion to use

14  as educational facilities. Such buildings rented or leased for

15  1 year or less shall be funded through the operations budget

16  or funds derived from millage or a local option sales surtax

17  pursuant to s. 1011.71(2). A rental agreement or lease

18  contract for 1 year or less, when extended or renewed beyond a

19  year, becomes a multiple-year rental or lease. Operational

20  funds or funds derived from millage or local option sales

21  surtax proceeds pursuant to s. 1011.71(2) may be authorized to

22  be expended for multiple-year rentals or leases.

23  Notwithstanding any other provisions of this section, if a

24  building was constructed in conformance with all applicable

25  building and life safety codes, it shall be deemed to meet the

26  requirements for use and occupancy as an educational facility

27  subject only to the provisions of this subsection.

28         Section 7.  Paragraph (a) of subsection (2) and

29  paragraph (c) of subsection (3) of section 1013.64, Florida

30  Statutes, are amended to read:

31  

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 1         1013.64  Funds for comprehensive educational plant

 2  needs; construction cost maximums for school district capital

 3  projects.--Allocations from the Public Education Capital

 4  Outlay and Debt Service Trust Fund to the various boards for

 5  capital outlay projects shall be determined as follows:

 6         (2)(a)  The department shall establish, as a part of

 7  the Public Education Capital Outlay and Debt Service Trust

 8  Fund, a separate account, in an amount determined by the

 9  Legislature, to be known as the "Special Facility Construction

10  Account." The Special Facility Construction Account shall be

11  used to provide necessary construction funds to school

12  districts which have urgent construction needs but which lack

13  sufficient resources at present, and cannot reasonably

14  anticipate sufficient resources within the period of the next

15  3 years, for these purposes from currently authorized sources

16  of capital outlay revenue. A school district requesting

17  funding from the Special Facility Construction Account shall

18  submit one specific construction project, not to exceed one

19  complete educational plant, to the Special Facility

20  Construction Committee. No district shall receive funding for

21  more than one approved project in any 3-year period. The first

22  year of the 3-year period shall be the first year a district

23  receives an appropriation. The department shall encourage a

24  construction program that reduces the average size of schools

25  in the district. The request must meet the following criteria

26  to be considered by the committee:

27         1.  The project must be deemed a critical need and must

28  be recommended for funding by the Special Facility

29  Construction Committee. Prior to developing plans for the

30  proposed facility, the district school board must request a

31  preapplication review by the Special Facility Construction

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 1  Committee or a project review subcommittee convened by the

 2  committee to include two representatives of the department and

 3  two staff from school districts not eligible to participate in

 4  the program. Within 60 days after receiving the preapplication

 5  review request, the committee or subcommittee must meet in the

 6  school district to review the project proposal and existing

 7  facilities. To determine whether the proposed project is a

 8  critical need, the committee or subcommittee shall consider,

 9  at a minimum, the capacity of all existing facilities within

10  the district as determined by the Florida Inventory of School

11  Houses; the district's pattern of student growth; the

12  district's existing and projected capital outlay full-time

13  equivalent student enrollment as determined by the department;

14  the district's existing satisfactory student stations; the use

15  of all existing district property and facilities; grade level

16  configurations; and any other information that may affect the

17  need for the proposed project.

18         2.  The construction project must be recommended in the

19  most recent survey or surveys by the district under the rules

20  of the State Board of Education.

21         3.  The construction project must appear on the

22  district's approved project priority list under the rules of

23  the State Board of Education.

24         4.  The district must have selected and had approved a

25  site for the construction project in compliance with s.

26  1013.36 and the rules of the State Board of Education.

27         5.  The district shall have developed a district school

28  board adopted list of facilities that do not exceed the norm

29  for net square feet occupancy requirements under the State

30  Requirements for Educational Facilities, using all possible

31  programmatic combinations for multiple use of space to obtain

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 1  maximum daily use of all spaces within the facility under

 2  consideration.

 3         6.  Upon construction, the total cost per student

 4  station, including change orders, must not exceed the cost per

 5  student station as provided in subsection (6).

 6         7.  There shall be an agreement signed by the district

 7  school board stating that it will advertise for bids within 30

 8  days of receipt of its encumbrance authorization from the

 9  department.

10         8.  The district shall, at the time of the request and

11  for a continuing period of 3 years, levy a millage or surtax,

12  or combination thereof, under the maximum millage against

13  their nonexempt assessed property value as allowed in s.

14  1011.71(2) which generates an amount that is at least equal to

15  the amount that would be generated by levy of the maximum

16  millage rate authorized by s. 1011.71(2) or shall raise an

17  equivalent amount of revenue from the school capital outlay

18  surtax authorized under s. 212.055(6). Any district with a new

19  or active project, funded under the provisions of this

20  subsection, shall be required to budget no more than the value

21  of 1.5 mills per year to the project to satisfy the annual

22  participation requirement in the Special Facility Construction

23  Account.

24         9.  If a contract has not been signed 90 days after the

25  advertising of bids, the funding for the specific project

26  shall revert to the Special Facility New Construction Account

27  to be reallocated to other projects on the list. However, an

28  additional 90 days may be granted by the commissioner.

29         10.  The department shall certify the inability of the

30  district to fund the survey-recommended project over a

31  continuous 3-year period using projected capital outlay

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 1  revenue derived from s. 9(d), Art. XII of the State

 2  Constitution, as amended, paragraph (3)(a) of this section,

 3  and s. 1011.71(2).

 4         11.  The district shall have on file with the

 5  department an adopted resolution acknowledging its 3-year

 6  commitment of all unencumbered and future revenue acquired

 7  from s. 9(d), Art. XII of the State Constitution, as amended,

 8  paragraph (3)(a) of this section, and s. 1011.71(2).

 9         12.  Final phase III plans must be certified by the

10  board as complete and in compliance with the building and life

11  safety codes prior to August 1.

12         (3)

13         (c)  A district school board may lease relocatable

14  educational facilities for up to 3 years using nonbonded PECO

15  funds and for any time period using local capital outlay

16  millage or local option sales surtax revenues authorized by s.

17  212.055(8).

18         Section 8.  This act shall take effect July 1, 2003, if

19  Senate Bill _____ or similar legislation creating the School

20  District Capital Outlay Trust Fund is adopted in the same

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    Florida Senate - 2003                                   SB 224
    34-224-03




 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for transfer of a portion of nonrecurring
      intangible personal property tax revenues to the School
 4    District Capital Outlay Trust Fund. Provides for
      distribution of a portion of such revenues to school
 5    districts that collected impact fee revenues in fiscal
      year 2002-2003 to supplant such impact fees. Provides
 6    requirements for distribution of the remainder of such
      revenues to all school districts. Provides that school
 7    boards may levy by resolution a local option sales surtax
      in lieu of levying all or a part of the nonvoted district
 8    school capital improvement millage, for the same uses as
      are authorized for such millage. Provides that a county
 9    in which the school board is receiving such intangible
      tax revenues or levying the local option sales surtax is
10    prohibited from levying school impact fees.

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CODING: Words stricken are deletions; words underlined are additions.