HB 0473 2003
   
1 A bill to be entitled
2          An act relating to the School District Capital Outlay
3    Trust Fund; amending s. 1013.03, F.S.; providing for
4    administration of the trust fund by the Department of
5    Education; creating the trust fund within the department
6    and specifying the moneys that comprise the fund;
7    exempting the trust fund from service charges imposed by
8    s. 215.20, F.S.; providing that balances remaining at the
9    end of a fiscal year shall remain in the trust fund;
10    providing for future review and termination or re-creation
11    of the trust fund; providing a contingent effective date.
12         
13          Be It Enacted by the Legislature of the State of Florida:
14         
15          Section 1. Subsection (5) of section 1013.03, Florida
16    Statutes, is amended to read:
17          1013.03 Functions of the department.--The functions of the
18    Department of Education as it pertains to educational facilities
19    shall include, but not be limited to, the following:
20          (5) Administer, under the supervision of the Commissioner
21    of Education, the Public Education Capital Outlay and Debt
22    Service Trust Fund,andthe School District and Community
23    College District Capital Outlay and Debt Service Trust Fund, and
24    the School District Capital Outlay Trust Fund.
25          Section 2. School District Capital Outlay Trust Fund.--
26          (1) The School District Capital Outlay Trust Fund is
27    created within the Department of Education. The trust fund shall
28    be comprised of moneys deposited pursuant to section 199.292(2),
29    Florida Statutes, and otherwise appropriated by the Legislature
30    for school district capital outlay purposes, including school
31    construction, renovation, and repair and other uses set out in
32    section 1011.71(2) and (5), Florida Statutes. The trust fund is
33    exempt from the service charges imposed by section 215.20,
34    Florida Statutes.
35          (2) Notwithstanding the provisions of section 216.301,
36    Florida Statutes, and pursuant to the provisions of section
37    216.351, Florida Statutes, any balance in the trust fund at the
38    end of any fiscal year shall remain in the trust fund at the end
39    of that year and shall be available for carrying out the
40    purposes of the trust fund.
41          (3) Pursuant to the provisions of s. 19(f)(2), Art. III of
42    the State Constitution, the trust fund shall, unless terminated
43    sooner, be terminated on July 1, 2007. Prior to its scheduled
44    termination, the trust fund shall be reviewed as provided in
45    section 215.3206(1) and (2), Florida Statutes.
46          Section 3. This act shall take effect on the same date as
47    House Bill ___ or similar legislation amending section 199.292,
48    Florida Statutes, to provide for deposit of funds in the School
49    District Capital Outlay Trust Fund takes effect if such
50    legislation is adopted in the same legislative session or an
51    extension thereof and becomes law.