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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 236
Finance And Taxation; Schools
View Entire Chapter
Section 236.37, Florida Statutes 2001

236.37  Procedure of school boards with reference to proposals for issuing bonds.--It shall be the duty of the school boards of the several districts of Florida to plan the school financial program of the district so that, insofar as practicable, needed capital outlay expenditures can be made without the necessity of issuing bonds. Whenever the school board of any district proposes an issue of bonds or has received any petition proposing the issuance of bonds, as provided in s. 236.36, the said board shall forthwith proceed as follows:

(1)  The school board, after considering recommendations submitted by the superintendent, shall determine whether in its opinion the projects for which bonds are proposed to be issued are essential for the school program of the district.

(2)  If the proposed projects are deemed essential by the school board or if the proposed projects are rejected in whole or in part, the school board shall, if practicable, prepare a plan for carrying out the projects, or at least part of the projects, with current funds which have been or can be set aside for that purpose.

(3)  If the school board determines that any portion of the projects cannot be carried out so that all costs can be met from the proceeds of a special district millage voted for that purpose or from district current funds which are not needed for salaries of teachers or other necessary expenses of operating the schools or from such funds which can reasonably be expected to be available by the time the projects are completed, or cannot be completed on the basis of a loan against district current funds, approved in accordance with s. 237.161, the school board shall then determine the amount of bonds necessary to be issued to complete the projects as proposed for the district and shall adopt and transmit to the Department of Education a resolution setting forth the proposals with reference to the projects and the proposed plan for financing the projects, said resolution to be in such form and contain such information as may be prescribed by the State Board of Education. If the department shall determine that the issuance of bonds as proposed is unnecessary or is unnecessary in the amount and according to the plan proposed, and shall notify the school board accordingly, the school board shall then amend its resolution to conform to the recommendation of the department, and no further action shall be taken for a period of at least 1 year on the proposal for a bond issue unless, within 30 days thereafter, a petition signed by at least 35 percent of the qualified electors within the district is received by the school board requesting that an election be called to vote bonds for the purposes set forth and in an amount which shall not exceed the amount of bonds proposed by the school board. If such a petition is received by the school board, as provided herein, or if the resolution proposing a bond issue has been approved by the department, the school board shall then proceed at its next ensuing meeting to adopt a resolution authorizing that an election be held for the purpose of determining whether bonds shall be issued as proposed.

History.--s. 1037, ch. 19355, 1939; CGL 1940 Supp. 892(356); s. 5, ch. 21989, 1943; s. 81, ch. 29764, 1955; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 71-161; s. 72, ch. 71-355; s. 1, ch. 81-104.

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