December 09, 2016
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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Education
Chapter 237
Financial Accounts And Expenditures For Public Schools
View Entire Chapter
Section 237.161, Florida Statutes 2001

237.161  Obligations for a period of 1 year.--The school board of any district is authorized only under the following conditions to create obligations by way of anticipation of budgeted revenues accruing on a current basis without pledging the credit of the district or requiring future levy of taxes for certain purposes for a period of 1 year; however, such obligations may be extended from year to year with the consent of the lender for a period not to exceed 4 years, or for a total of 5 years including the initial year of the loan:

(1)  PURPOSES.--The purposes for which such obligations may be incurred within the intent of this section shall include only the purchase of school buses, land, and equipment for educational purposes; the erection of, alteration to, or addition to educational facilities; and the adjustment of insurance on educational property on a 5-year plan, as provided by rules of the state board.

(2)  OBLIGATIONS MAY NOT EXCEED ONE-FOURTH OF DISTRICT AD VALOREM TAX REVENUE FOR OPERATIONS FOR THE PRECEDING YEAR.--No obligation of the nature prescribed herein may be incurred by any school board when such proposed obligations exceed one-fourth of the revenue received during the preceding year for the district school fund for operating expense of the district.

(3)  SCHOOL BOARD TO ADOPT PROPOSAL.--When the school board of any district proposes to incur obligations of the nature authorized in this section, the school board shall adopt and spread upon its minutes a resolution giving the nature of the obligations to be incurred, stating the plan of payment, and providing that such funds will be budgeted during the period of the loan from the current revenue to retire the obligations maturing during the year. This plan of payment shall not extend over a period longer than 1 year.

(4)  INTEREST-BEARING NOTES AUTHORIZED.--The school board of any district which has authorized the incurring of the obligations as provided in this section shall issue interest-bearing notes for the obligations. The notes shall provide the terms of payment and shall not bear interest in excess of the rate authorized under the provisions of s. 215.84. No additional obligations of a similar nature may be incurred against the funds of any school district when notes authorized under this subsection are still outstanding and unpaid when such proposed obligations together with the unpaid notes outstanding exceed one-fourth of the revenue of the preceding year, as defined in subsection (2).

History.--s. 1085, ch. 19355, 1939; CGL 1940 Supp. 892(405); s. 12, ch. 20970, 1941; s. 7, ch. 22858, 1945; s. 94, ch. 29764, 1955; s. 1, ch. 29865, 1955; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 20, ch. 69-353; s. 167, ch. 72-221; s. 12, ch. 74-227; s. 7, ch. 81-104; s. 44, ch. 87-329; s. 33, ch. 89-278; s. 13, ch. 2000-264.

Note.--Former s. 237.27.

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