School bond and tax elections in Florida

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School bond and tax elections in Florida are promulgated under two circumstances:

  • To issue new bonding.
  • To exceed the state mandated millage limit.

Laws affecting school finance

Florida bond issue law

The State of Florida requires a ballot measure for any school district issuing new bonds. Bonds can be used for the purpose of acquiring, building, enlarging, furnishing or improving buildings.[1]

When considering to issue bonds, it is up to a school district to decide if bonding is necessary for capital projects. There is no approval needed from a state government agency when seeking to issue bonds, but the Florida Department of Education plays an advisory role of what is considered necessary and unnecessary when calling a resolution for a election.[2] If a school board decides to not approve a resolution calling for a bond election, a petition from thirty-five percent of the school district's voters can override their decision. If no decision to issue a petition is made, then a school district must wait one year until reconsidering approval of a resolution for calling a bond election.[3]

Florida millage limit

Florida has a millage limit that is protected by the Florida Constitution. Under the Constitution, Florida school districts are limited to ten mills. This has been protected in the Florida Constitution since 1975.[4] Florida is one of a few states that has a constitutionally protected levy limit.

Under the law, millages cannot be extended for more than two or four years.[5]

Conduct of the bond election, limitations, rules

Authority conducting elections

The respective Board of Education for the school district where the election is held is responsible for conducting the bond election.[6]. For millage elections, the respective County Elections Board conducts the vote.[7] Florida law requires millage elections to be run under the same rules as general elections.[8]

Election dates

Elections are generally held on the First Tuesday in November.[9] Also, any bond election can be held with a other state or local election on the Florida election calendar.[10]

Millage elections can be held at any time as long no more than one election is held in a twelve month period.[11]

Needed majority

A simple majority is needed in order to pass a school bond or excess millage election in Florida.[12][13]

Special elections

Special elections are only allowed in Florida for school districts under the discretion of the Elections Supervisor in the respective county.[14]. If a school district seeks a special election for a defeated bond issue, they must wait six months before considering a new resolution calling for an election.[15]

Wording of measures

All bond measures must end "For Bonds" or "Against Bonds" for referendums involving school bonds.[16] For referendums involving millage elections, the school district can propose one or two millage referendums but the millages must be presented as separate questions.[17]. Under Florida law, all millage referendums must end in "Yes" or "No."[18]

Required notice of bond election

For millage elections, 30 days notice is required before any election. There is no mandatory elapse period between when a school district approves a resolution and the actual date of the election.[19] Only 14 days notice is required for bond elections.[20]

See also

External links

Footnotes

  1. "Florida Senate" Florida Education Law(Referenced Statute 1010.40)
  2. "Florida Senate" Florida Education Law(Referenced Statute 1010.41(3))
  3. "Florida Senate" Florida Education Law(Referenced Statute 1010.41 (1)-(3))
  4. "Florida Senate" Florida Constitution(Referenced Section Article VII, Section 9B)
  5. "Florida Senate" Florida Education Law(Referenced Statute 1011.73(1)(2) Florida Law)
  6. "Florida Senate" Florida Bond Issue Law(Referenced Statute 1010.44)
  7. "Florida Senate" Florida Election Law(Referenced Statute 102.102)
  8. "Florida Senate" Florida Millage Law(Referenced Statute 1011.73(3))
  9. >2009->Ch1011->Section 73#1011.73 "Florida Legislature" Florida Millage Law(Referenced Statute 1011.73 Florida Code)
  10. "Florida Legislature" Florida Election Law(Referenced Statute 100.261 Florida Code)
  11. >2009->Ch1011->Section 73#1011.73 "Florida Legislature" Florida Millage Law(Referenced Statute 1011.73 Florida Code(1)(2))
  12. "Florida Senate" Florida Bond Issue Law(Referenced Statute 1010.45)
  13. >2009->Ch1011->Section 73#1011.73 "Florida Senate" Florida Millage Law(Referenced Statute 1010.73(6))
  14. "Florida Legislature" Florida Election Law(Referenced Statute 100.151 Florida Law)
  15. "Florida Legislature" Florida Election Law(Referenced Statute 100.331)
  16. "Florida Senate" Florida Bond Issue Law(Referenced Statute 1010.44)
  17. "Florida Senate" Florida Bond Issue Law(Referenced Statute 1010.73(4)(A))
  18. "Florida Senate" Florida Election Law(Referenced Statute 101.161(A))
  19. "Florida Legislature" Florida Election Law(Referenced Statute 100.342)
  20. "Florida Senate" Florida Education Code(Referenced Statute 1010.43 Florida Code)