October 30, 2020
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Amendment CaShTmL-881624.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 360
                        Barcode 881624
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Community Affairs (Bennett) recommended the
12  following amendment to amendment (854092):
13  
14         Senate Amendment 
15         On page 69, line 7 through page 72, line 29, delete
16  those lines
17  
18  and insert:  referendum or by majority vote of the school
19  board, a discretionary sales surtax at a rate that may not
20  exceed 0.5 percent.
21         (b)  The resolution shall include a statement that
22  provides a brief and general description of the school capital
23  outlay projects to be funded by the surtax. The statement
24  shall conform to the requirements of s. 101.161 and shall be
25  placed on the ballot by the governing body of the county. The
26  following question shall be placed on the ballot:
27  
28        ....FOR THE               ....CENTS TAX
29        ....AGAINST THE           ....CENTS TAX
30  
31         (c)  The resolution providing for the imposition of the
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    10:38 AM   04/18/05                             s0360.ca21.003

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 881624 1 surtax shall set forth a plan for use of the surtax proceeds 2 for fixed capital expenditures or fixed capital costs 3 associated with the construction, reconstruction, or 4 improvement of school facilities and campuses which have a 5 useful life expectancy of 5 or more years, and any land 6 acquisition, land improvement, design, and engineering costs 7 related thereto. Additionally, the plan shall include the 8 costs of retrofitting and providing for technology 9 implementation, including hardware and software, for the 10 various sites within the school district. Surtax revenues may 11 be used for the purpose of servicing bond indebtedness to 12 finance projects authorized by this subsection, and any 13 interest accrued thereto may be held in trust to finance such 14 projects. Neither the proceeds of the surtax nor any interest 15 accrued thereto shall be used for operational expenses. 16 (d) Any school board receiving proceeds from imposing 17 the surtax shall implement a freeze on noncapital local school 18 property taxes, at the millage rate imposed in the year prior 19 to the implementation of the surtax, for a period of at least 20 3 years from the date of imposition of the surtax. This 21 provision shall not apply to existing debt service or required 22 state taxes. 23 (e) Surtax revenues collected by the Department of 24 Revenue pursuant to this subsection shall be distributed to 25 the school board imposing the surtax in accordance with law. 26 (f) Surtaxes imposed by majority vote must be used to 27 supplement, not supplant, existing school capital outlay 28 funding. In order to impose the surtax by a majority vote of 29 the school board, the board must go through the following 30 process: 31 1. An advisory board must be created to make 2 10:38 AM 04/18/05 s0360.ca21.003
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 881624 1 recommendations to the school board regarding the use of the 2 surtax proceeds for fixed capital expenditures or fixed 3 capital costs associated with the construction, 4 reconstruction, or improvement of school facilities and 5 campuses that have a useful life expectancy of 5 or more years 6 and any land acquisition, land improvement, design, and 7 engineering costs related thereto. The school board shall 8 appoint members to the advisory board who represent the 9 diversity of the community and shall include individuals with 10 an interest in business, economic development, the 11 environment, municipal government, education, and public 12 safety and growth management professionals. Based on the 13 estimated amount of the surtax collections, the advisory board 14 will conduct at least two public workshops to develop a 15 project list. A quorum shall consist of a majority of the 16 advisory board members and is necessary to take any action 17 regarding recommendations to the school board. The school 18 board shall provide staff support to the advisory board. All 19 advisory board meetings are open to the public, and minutes of 20 the meetings shall be available to the public. The advisory 21 board shall submit the project list to the school board. The 22 school board must adopt or amend the project list by 23 resolution, and must submit the resolution to the board of 24 county commission. 25 2. After the advisory board submits the project list 26 to the school board, it may be amended by the school board 27 only in the following fashion. A public notice must be given 28 of the intent to add additional projects or remove projects 29 recommended by the advisory board. Actions to amend the 30 project list may be taken at the noticed public hearing. Once 31 amended, the project list must be approved at a subsequent 3 10:38 AM 04/18/05 s0360.ca21.003
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 881624 1 meeting. Notice of the intent to adopt the project list must 2 be given and the project list must be approved at a subsequent 3 public meeting that cannot be held sooner than 14 days after 4 the meeting at which the list was amended. 5 3. If the school board does not amend the recommended 6 project list, it may adopt the proposed project list at a 7 public meeting following public notice of the intent to adopt 8 the recommendations of the advisory board. 9 4. Once the project list has been adopted, the school 10 board may give notice of the intent to adopt the surtax by 11 resolution. The school board shall conduct a public hearing to 12 allow for public input on the proposed surtax. Enacting the 13 resolution for the surtax and adopting the project list may 14 not be accomplished at the same meeting. 15 5. Once the resolution adopting the surtax has been 16 enacted, the project list can be amended only in the following 17 manner. The school board must give notice of the intent to 18 hold a public hearing to discuss adding or removing projects 19 from the list. The school board must take public testimony on 20 the proposal. Action may not be taken at that meeting with 21 regards to the proposal to amend the project list. Action may 22 be taken at a subsequent noticed public meeting that must be 23 held at least 14 days after the meeting at which the proposed 24 changes to the project list were discussed. 25 6. If the tax is implemented, the advisory board shall 26 monitor the expenditure of the tax proceeds and shall hold 27 semiannual meetings. The advisory board shall also monitor 28 whether the school board has maintained or increased the level 29 of school capital outlay expenditures over the previous 5 30 years. 31 (g) If the surtax is levied by a majority vote of the 4 10:38 AM 04/18/05 s0360.ca21.003
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 881624 1 school board, the school board shall use due diligence and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 10:38 AM 04/18/05 s0360.ca21.003
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