HB 0057

1	A bill to be entitled
2	An act relating to use of school district millage;
3	amending ss. 200.065 and 1011.71, F.S.; expanding
4	authorized school board millage levy funding to include
5	payment of premiums for property and casualty insurance
6	necessary to insure school district educational plants;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Paragraph (a) of subsection (9) of section
12	200.065, Florida Statutes, is amended to read:
13	200.065  Method of fixing millage.--
14	(9)(a)  In addition to the notice required in subsection
15	(3), a district school board shall publish a second notice of
16	intent to levy additional taxes under s. 1011.71(2). Such notice
17	shall specify the projects or number of school buses anticipated
18	to be funded by such additional taxes and shall be published in
19	the size, within the time periods, adjacent to, and in
20	substantial conformity with the advertisement required under
21	subsection (3). The projects shall be listed in priority within
22	each category as follows: construction and remodeling;
23	maintenance, renovation, and repair; motor vehicle purchases;
24	new and replacement equipment; payments for educational
25	facilities and sites due under a lease-purchase agreement;
26	payments for renting and leasing educational facilities and
27	sites; payments of loans approved pursuant to ss. 1011.14 and
28	1011.15; payment of costs of compliance with environmental
29	statutes and regulations; payment of premiums for property and
30	casualty insurance necessary to insure the educational plants of
31	the school district; payment of costs of leasing relocatable
32	educational facilities; and payments to private entities to
33	offset the cost of school buses pursuant to s. 1011.71(2)(i).
34	The additional notice shall be in the following form, except
35	that if the district school board is proposing to levy the same
36	millage under s. 1011.71(2) which it levied in the prior year,
37	the words "continue to" shall be inserted before the word
38	"impose" in the first sentence, and except that the second
39	sentence of the second paragraph shall be deleted if the
40	district is advertising pursuant to paragraph (3)(e):
41
42	NOTICE OF TAX FOR SCHOOL
43	CAPITAL OUTLAY
44
45	The   (name of school district)   will soon consider a
46	measure to impose a   (number)   mill property tax for the
47	capital outlay projects listed herein.
48	This tax is in addition to the school board's proposed tax
49	of   (number)   mills for operating expenses and is proposed
50	solely at the discretion of the school board. THE PROPOSED
51	COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES
52	AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE.
53	The capital outlay tax will generate approximately $
54	(amount)  , to be used for the following projects:
55
56	(list of capital outlay projects)
57
58	All concerned citizens are invited to a public hearing to
59	be held on   (date and time)   at   (meeting place)  .
60	A DECISION on the proposed CAPITAL OUTLAY TAXES will be
61	made at this hearing.
62	Section 2.  Paragraph (j) is added to subsection (2) of
63	section 1011.71, Florida Statutes, and paragraph (a) of
64	subsection (5) of said section is amended, to read:
65	1011.71  District school tax.--
66	(2)  In addition to the maximum millage levy as provided in
67	subsection (1), each school board may levy not more than 2 mills
68	against the taxable value for school purposes to fund:
69	(j)  Payment of premiums for property and casualty
70	insurance necessary to insure the educational plants of the
71	school district.
72
73	Violations of these expenditure provisions shall result in an
74	equal dollar reduction in the Florida Education Finance Program
75	(FEFP) funds for the violating district in the fiscal year
76	following the audit citation.
77	(5)(a)  It is the intent of the Legislature that, by July
78	1, 2003, revenue generated by the millage levy authorized by
79	subsection (2) should be used only for the costs of
80	construction, renovation, remodeling, maintenance, and repair of
81	the educational plant; for the purchase, lease, or lease-
82	purchase of equipment, educational plants, and construction
83	materials directly related to the delivery of student
84	instruction; for the rental or lease of existing buildings, or
85	space within existing buildings, originally constructed or used
86	for purposes other than education, for conversion to use as
87	educational facilities; for payment of premiums for property and
88	casualty insurance necessary to insure the educational plants of
89	the school district; for the opening day collection for the
90	library media center of a new school; for the purchase, lease-
91	purchase, or lease of school buses or the payment to a private
92	entity to offset the cost of school buses pursuant to paragraph
93	(2)(i); and for servicing of payments related to certificates of
94	participation issued for any purpose prior to the effective date
95	of this act. Costs associated with the lease-purchase of
96	equipment, educational plants, and school buses may include the
97	issuance of certificates of participation on or after the
98	effective date of this act and the servicing of payments related
99	to certificates so issued. For purposes of this section,
100	"maintenance and repair" is defined in s. 1013.01.
101
102	A district that violates these expenditure restrictions shall
103	have an equal dollar reduction in funds appropriated to the
104	district under s. 1011.62 in the fiscal year following the audit
105	citation. The expenditure restrictions do not apply to any
106	school district that certifies to the Commissioner of Education
107	that all of the district's instructional space needs for the
108	next 5 years can be met from capital outlay sources that the
109	district reasonably expects to receive during the next 5 years
110	or from alternative scheduling or construction, leasing,
111	rezoning, or technological methodologies that exhibit sound
112	management.
113	Section 3.  This act shall take effect July 1, 2005.

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