| 1 | The PreK-12 Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to use of school district millage; |
| 7 | amending ss. 200.065 and 1011.71, F.S.; expanding |
| 8 | authorized school board millage levy funding to include |
| 9 | payment of premiums for property and casualty insurance |
| 10 | necessary to insure school district educational plants; |
| 11 | limiting expenditures of operating revenues; providing a |
| 12 | contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (a) of subsection (9) of section |
| 17 | 200.065, Florida Statutes, is amended to read: |
| 18 | 200.065 Method of fixing millage.-- |
| 19 | (9)(a) In addition to the notice required in subsection |
| 20 | (3), a district school board shall publish a second notice of |
| 21 | intent to levy additional taxes under s. 1011.71(2). Such notice |
| 22 | shall specify the projects or number of school buses anticipated |
| 23 | to be funded by such additional taxes and shall be published in |
| 24 | the size, within the time periods, adjacent to, and in |
| 25 | substantial conformity with the advertisement required under |
| 26 | subsection (3). The projects shall be listed in priority within |
| 27 | each category as follows: construction and remodeling; |
| 28 | maintenance, renovation, and repair; motor vehicle purchases; |
| 29 | new and replacement equipment; payments for educational |
| 30 | facilities and sites due under a lease-purchase agreement; |
| 31 | payments for renting and leasing educational facilities and |
| 32 | sites; payments of loans approved pursuant to ss. 1011.14 and |
| 33 | 1011.15; payment of costs of compliance with environmental |
| 34 | statutes and regulations; payment of premiums for property and |
| 35 | casualty insurance necessary to insure the educational plants of |
| 36 | the school district; payment of costs of leasing relocatable |
| 37 | educational facilities; and payments to private entities to |
| 38 | offset the cost of school buses pursuant to s. 1011.71(2)(i). |
| 39 | The additional notice shall be in the following form, except |
| 40 | that if the district school board is proposing to levy the same |
| 41 | millage under s. 1011.71(2) which it levied in the prior year, |
| 42 | the words "continue to" shall be inserted before the word |
| 43 | "impose" in the first sentence, and except that the second |
| 44 | sentence of the second paragraph shall be deleted if the |
| 45 | district is advertising pursuant to paragraph (3)(e): |
| 46 |
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| 47 | NOTICE OF TAX FOR SCHOOL |
| 48 | CAPITAL OUTLAY |
| 49 |
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| 50 | The (name of school district) will soon consider a |
| 51 | measure to impose a (number) mill property tax for the |
| 52 | capital outlay projects listed herein. |
| 53 | This tax is in addition to the school board's proposed tax |
| 54 | of (number) mills for operating expenses and is proposed |
| 55 | solely at the discretion of the school board. THE PROPOSED |
| 56 | COMBINED SCHOOL BOARD TAX INCREASE FOR BOTH OPERATING EXPENSES |
| 57 | AND CAPITAL OUTLAY IS SHOWN IN THE ADJACENT NOTICE. |
| 58 | The capital outlay tax will generate approximately $ |
| 59 | (amount) , to be used for the following projects: |
| 60 |
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| 61 | (list of capital outlay projects) |
| 62 |
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| 63 | All concerned citizens are invited to a public hearing to |
| 64 | be held on (date and time) at (meeting place) . |
| 65 | A DECISION on the proposed CAPITAL OUTLAY TAXES will be |
| 66 | made at this hearing. |
| 67 | Section 2. Paragraph (j) is added to subsection (2) of |
| 68 | section 1011.71, Florida Statutes, and paragraph (a) of |
| 69 | subsection (5) of that section is amended, to read: |
| 70 | 1011.71 District school tax.-- |
| 71 | (2) In addition to the maximum millage levy as provided in |
| 72 | subsection (1), each school board may levy not more than 2 mills |
| 73 | against the taxable value for school purposes to fund: |
| 74 | (j) Payment of premiums for property and casualty |
| 75 | insurance necessary to insure the educational plants of the |
| 76 | school district. |
| 77 |
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| 78 | Violations of these expenditure provisions shall result in an |
| 79 | equal dollar reduction in the Florida Education Finance Program |
| 80 | (FEFP) funds for the violating district in the fiscal year |
| 81 | following the audit citation. |
| 82 | (5)(a) It is the intent of the Legislature that, by July |
| 83 | 1, 2003, revenue generated by the millage levy authorized by |
| 84 | subsection (2) should be used only for the costs of |
| 85 | construction, renovation, remodeling, maintenance, and repair of |
| 86 | the educational plant; for the purchase, lease, or lease- |
| 87 | purchase of equipment, educational plants, and construction |
| 88 | materials directly related to the delivery of student |
| 89 | instruction; for the rental or lease of existing buildings, or |
| 90 | space within existing buildings, originally constructed or used |
| 91 | for purposes other than education, for conversion to use as |
| 92 | educational facilities; for payment of premiums for property and |
| 93 | casualty insurance necessary to insure the educational plants of |
| 94 | the school district; for the opening day collection for the |
| 95 | library media center of a new school; for the purchase, lease- |
| 96 | purchase, or lease of school buses or the payment to a private |
| 97 | entity to offset the cost of school buses pursuant to paragraph |
| 98 | (2)(i); and for servicing of payments related to certificates of |
| 99 | participation issued for any purpose prior to the effective date |
| 100 | of this act. Costs associated with the lease-purchase of |
| 101 | equipment, educational plants, and school buses may include the |
| 102 | issuance of certificates of participation on or after the |
| 103 | effective date of this act and the servicing of payments related |
| 104 | to certificates so issued. For purposes of this section, |
| 105 | "maintenance and repair" is defined in s. 1013.01. Each year |
| 106 | operating revenues are made available through the payment of |
| 107 | property and casualty insurance premiums from revenues generated |
| 108 | under this subsection or subsection (2), such operating revenues |
| 109 | may be expended only for nonrecurring operational expenditures |
| 110 | of the school district. |
| 111 |
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| 112 | A district that violates these expenditure restrictions shall |
| 113 | have an equal dollar reduction in funds appropriated to the |
| 114 | district under s. 1011.62 in the fiscal year following the audit |
| 115 | citation. The expenditure restrictions do not apply to any |
| 116 | school district that certifies to the Commissioner of Education |
| 117 | that all of the district's instructional space needs for the |
| 118 | next 5 years can be met from capital outlay sources that the |
| 119 | district reasonably expects to receive during the next 5 years |
| 120 | or from alternative scheduling or construction, leasing, |
| 121 | rezoning, or technological methodologies that exhibit sound |
| 122 | management. |
| 123 | Section 3. This act shall take effect July 1, 2006, only |
| 124 | if House Joint Resolution 447 is adopted in the same legislative |
| 125 | session or an extension thereof. |