Florida Senate - 2021 SB 870



By Senator Rodriguez





39-00906-21 2021870__
1 A bill to be entitled
2 An act relating to district millage elections;
3 amending s. 1011.71, F.S.; increasing the maximum
4 number of years for which a specified millage may be
5 levied; deleting obsolete language; amending s.
6 1011.73, F.S.; conforming provisions to changes made
7 by the act; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (9) of section 1011.71, Florida
12 Statutes, is amended to read:
13 1011.71 District school tax.—
14 (9) In addition to the maximum millage levied under this
15 section and the General Appropriations Act, a school district
16 may levy, by local referendum or in a general election,
17 additional millage for school operational purposes up to an
18 amount that, when combined with nonvoted millage levied under
19 this section, does not exceed the 10-mill limit established in
20 s. 9(b), Art. VII of the State Constitution. Any such levy must
21 shall be for a maximum of 10 4 years and must shall be counted
22 as part of the 10-mill limit established in s. 9(b), Art. VII of
23 the State Constitution. For the purpose of distributing taxes
24 collected pursuant to this subsection, the term “school
25 operational purposes” includes charter schools sponsored by a
26 school district. Millage elections conducted under the authority
27 granted pursuant to this section are subject to s. 1011.73.
28 Funds generated by such additional millage do not become a part
29 of the calculation of the Florida Education Finance Program
30 total potential funds and may in 2001-2002 or any subsequent
31 year and must not be incorporated in the calculation of any
32 hold-harmless or other component of the Florida Education
33 Finance Program formula in any year. If an increase in required
34 local effort, when added to existing millage levied under the
35 10-mill limit, would result in a combined millage in excess of
36 the 10-mill limit, any millage levied pursuant to this
37 subsection must shall be considered to be required local effort
38 to the extent that the district millage would otherwise exceed
39 the 10-mill limit. Funds levied under this subsection shall be
40 shared with charter schools based on each charter school’s
41 proportionate share of the district’s total unweighted full-time
42 equivalent student enrollment and used in a manner consistent
43 with the purposes of the levy. The referendum must contain an
44 explanation of the distribution methodology consistent with the
45 requirements of this subsection.
46 Section 2. Subsection (2) of section 1011.73, Florida
47 Statutes, is amended to read:
48 1011.73 District millage elections.—
49 (2) MILLAGE AUTHORIZED NOT TO EXCEED 10 4 YEARS.—The
50 district school board, pursuant to resolution adopted at a
51 regular meeting, shall direct the county commissioners to call
52 an election at which the electors within the school district may
53 approve an ad valorem tax millage as authorized under s.
54 1011.71(9). Such election may be held at any time, except that
55 not more than one such election may shall be held during any 12
56 month period. Any millage so authorized must shall be levied for
57 a period not to exceed 10 in excess of 4 years or until changed
58 by another millage election, whichever is earlier. If any such
59 election is invalidated by a court of competent jurisdiction,
60 such invalidated election must shall be considered not to have
61 been held.
62 Section 3. This act shall take effect July 1, 2021.

Statutes affected:
S 870 Filed: 1011.71, 1011.73