Senate Bill sb1212

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    Florida Senate - 2004                                  SB 1212

    By Senator Wise





    5-791A-04

  1                      A bill to be entitled

  2         An act relating to the district school tax;

  3         amending s. 1011.71, F.S.; continuing

  4         indefinitely a provision, previously applicable

  5         only in the 2003-2004 fiscal year, which allows

  6         a specified tax levy to be used to offset the

  7         cost of school buses purchased through

  8         contracts with private providers; amending s.

  9         200.065, F.S., relating to the method of fixing

10         millage, to conform; providing an effective

11         date.

12  

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

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15         Section 1.  Paragraph (i) is added to subsection (2) of

16  section 1011.71, Florida Statutes, as amended by sections 17

17  and 18 of chapter 2003-399, Laws of Florida, to read:

18         1011.71  District school tax.--

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

20  provided in subsection (1), each school board may levy not

21  more than 2 mills against the taxable value for school

22  purposes to fund:

23         (i)  Payment of the cost of school buses when a school

24  district contracts with a private entity to provide student

25  transportation services if the district meets the requirements

26  of this paragraph.

27         1.  The district's contract must require that the

28  private entity purchase, own, operate, and maintain one or

29  more school buses of a specific type and size that meet the

30  requirements of s. 1006.25.

31  

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    Florida Senate - 2004                                  SB 1212
    5-791A-04




 1         2.  Each such school bus must be used for the daily

 2  transportation of public school students in the manner

 3  required by the school district.

 4         3.  Payment for each such school bus may not exceed 10

 5  percent of the purchase price of the state pool bid.

 6         4.  The proposed expenditure of the funds for this

 7  purpose must have been included in the district school board's

 8  notice of proposed tax for school capital outlay as provided

 9  in s. 200.065(9).

10  

11  Violations of these expenditure provisions shall result in an

12  equal dollar reduction in the Florida Education Finance

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

14  year following the audit citation.

15         Section 2.  Paragraph (a) of subsection (9) of section

16  200.065, Florida Statutes, is amended to read:

17         200.065  Method of fixing millage.--

18         (9)(a)  In addition to the notice required in

19  subsection (3), a district school board shall publish a second

20  notice of intent to levy additional taxes under s. 1011.71(2).

21  Such notice shall specify the projects or number of school

22  buses anticipated to be funded by such additional taxes and

23  shall be published in the size, within the time periods,

24  adjacent to, and in substantial conformity with the

25  advertisement required under subsection (3). The projects

26  shall be listed in priority within each category as follows:

27  construction and remodeling; maintenance, renovation, and

28  repair; motor vehicle purchases; new and replacement

29  equipment; payments for educational facilities and sites due

30  under a lease-purchase agreement; payments for renting and

31  leasing educational facilities and sites; payments of loans

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    Florida Senate - 2004                                  SB 1212
    5-791A-04




 1  approved pursuant to ss. 1011.14 and 1011.15; payment of costs

 2  of compliance with environmental statutes and regulations; and

 3  payment of costs of leasing relocatable educational

 4  facilities; and payments to private entities to offset the

 5  cost of school buses pursuant to s. 1011.71(1)(i). The

 6  additional notice shall be in the following form, except that

 7  if the district school board is proposing to levy the same

 8  millage under s. 1011.71(2) which it levied in the prior year,

 9  the words "continue to" shall be inserted before the word

10  "impose" in the first sentence, and except that the second

11  sentence of the second paragraph shall be deleted if the

12  district is advertising pursuant to paragraph (3)(e):

13  

14                     NOTICE OF TAX FOR SCHOOL

15                          CAPITAL OUTLAY

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17         The ...(name of school district)... will soon consider

18  a measure to impose a ...(number)... mill property tax for the

19  capital outlay projects listed herein.

20         This tax is in addition to the school board's proposed

21  tax of ...(number)... mills for operating expenses and is

22  proposed solely at the discretion of the school board.  THE

23  PROPOSED COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING

24  EXPENSES AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.

25         The capital outlay tax will generate approximately

26  $...(amount)..., to be used for the following projects:

27  

28             ...(list of capital outlay projects)...

29  

30         All concerned citizens are invited to a public hearing

31  to be held on ...(date and time)... at ...(meeting place)....

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    Florida Senate - 2004                                  SB 1212
    5-791A-04




 1         A DECISION on the proposed CAPITAL OUTLAY TAXES will be

 2  made at this hearing.

 3         Section 3.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Continues indefinitely a provision, previously applicable
      only in fiscal year 2003-2004, which allows the optional
 8    2-mill district school tax levy to be used to offset the
      cost of school buses purchased through contracts with
 9    private providers.

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