Agenda 05/12/2020 Item #11A (School Board ballot request)Proposed Agenda Changes
Board of County Commissioners Meeting
May 12, 2020
Continue Item 11B to the May 26, 2020 BCC Meeting: Recommendation to approve and authorize
the Chairman to sign an Agreement with the Florida Gulf Coast University School of
Entrepreneurship for programmatic support to the Collier County Accelerator project, in the
annual amount of $377,651.29 and authorize the necessary budget amendments. (Commissioner
Taylor’s request)
Continue Item 16A2 to the May 26, 2020 BCC Meeting:
Recommendation to accept a multi-way stop warrant study and approve the removal of a two-way
stop control at the intersection of Manatee Road and Roost Road, for a cost of approximately $400
(Cost Center 163630). (Staff’s request)
Time Certain Items:
Item 11A to be heard immediately following Item 2A
Note:
Item 11E a separate presentation on the COVID-19 response in Immokalee is scheduled to be heard
at 11:00 a.m. (Commissioner Saunders’ request)
5/12/2020 8:40 AM
05/12/2020
EXECUTIVE SUMMARY
Recommendation to consider the District School Board of Collier County request to place an item
on the August 18, 2020 election ballot for a tax neutral funding shift of capital budget funds to
operating budget.
OBJECTIVE: To consider the School Boards request for a ballot measure on the August 18, 2020
election ballot to shift funding from its capital budget to its operating budget.
CONSIDERATIONS: At the April 21, 2020 meeting of the District School Board of Collier County,
the School Board voted unanimously to approve attached Resolution 20-2 directing the County
Commission, pursuant to F.S. 1011.73(2), to place an item on the August 18, 2020 election ballot for
electors within the school district to approve a change to the ad valorem tax distribution.
Due to COVID-19 the School Board has had unforeseen costs related to technology and instructional
delivery. The School Board has identified an operation funding shortfall starting in fiscal year 2021. The
current State funding formula does not allow Collier County Public Schools flexibility between operation
funds and capital funds. This ballot initiative would allow the School Board to address an anticipated
budget short fall through a tax neutral funding shift of capital budget fu nds to its operating budget. The
referendum lays out the following ballot language:
Allow Tax-Neutral Flexible Funding for Collier County Public Schools
For a period of up to four years beginning July 2021, shall the Collier County Public
Schools enact tax-neutral flexible funding to (a) reduce ad valorem taxes up to .35 mills
for capital funding; (b) add ad valorem taxes up to .35 mills for operating expenses; (c)
provide charter schools with their proportionate share, as required by law; and (d)
maintain high quality staff and programs; all without increasing taxes.
Yes _______ No _______
FISCAL IMPACT: There is no immediate fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this Executive Summary
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues with respect to the request, and requires majority vote for approval. No opinion is being given with
respect to the form or legality of the ballot initiative itself, which has been reviewed and approved by
counsel to the School Board. -JAK
RECOMMENDATION: To consider the District School Board of Collier County request to place an
item on the August 18, 2020 election ballot for a tax neutral funding shift of capital budget funds to
operating budget.
Prepared by: Geoff Willig, Senior Operations Analyst County Manager's Office
ATTACHMENT(S)
1. Letter to County Commissioners(PDF)
2. Signed Resolution for Referendum 2020 (PDF)
3. FS 1011.73 (DOCX)
11.A
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05/12/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 12335
Item Summary: ***This item to be heard immediately following Item 2A*** Recommendation
to consider the District School Board of Collier County request to place an item on the August 18, 2020
election ballot for a tax neutral funding shift of capital budget funds to operating budget. (Geoff Willig,
Senior Operations Analyst County Manager's Office)
Meeting Date: 05/12/2020
Prepared by:
Title: Operations Analyst – County Manager's Office
Name: Geoffrey Willig
05/05/2020 10:45 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
05/05/2020 10:45 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/05/2020 10:58 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/06/2020 9:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/12/2020 9:00 AM
11.A
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11.A.1
Packet Pg. 13 Attachment: Letter to County Commissioners (12335 : School Board Referendum)
11.A.2
Packet Pg. 14 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum)
11.A.2
Packet Pg. 15 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum)
11.A.2
Packet Pg. 16 Attachment: Signed Resolution for Referendum 2020 (12335 : School Board Referendum)
The 2019 Florida Statutes
Title XLVIII
K-20 EDUCATION CODE
Chapter 1011
PLANNING AND BUDGETING
View Entire Chapter
1011.73 District millage elections.—
(1) MILLAGE AUTHORIZED NOT TO EXCEED 2 YEARS.—The district school board, pursuant to
resolution adopted at a regular meeting, shall direct the county commissioners to call an election
at which the electors within the school districts may approve an ad valorem tax millage as
authorized in s. 9, Art. VII of the State Constitution. Such election may be held at any time, except
that not more than one such election shall be held during any 12-month period. Any millage so
authorized shall be levied for a period not in excess of 2 years or until changed by another millage
election, whichever is the earlier. In the event any such election is invalidated by a court of
competent jurisdiction, such invalidated election shall be considered not to have been held.
(2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district school board, pursuant to
resolution adopted at a regular meeting, shall direct the county commissioners to call an election
at which the electors within the school district may approve an ad valorem tax mill age as
authorized under s. 1011.71(9). Such election may be held at any time, except that not more than
one such election shall be held during any 12-month period. Any millage so authorized shall be
levied for a period not in excess of 4 years or until changed by another millage election, whichever
is earlier. If any such election is invalidated by a court of compete nt jurisdiction, such invalidated
election shall be considered not to have been held.
(3) HOLDING ELECTIONS.—All school district millage elections shall be held and conducted in
the manner prescribed by law for holding general elections, except as provided in this chapter.
(4) FORM OF BALLOT.—
(a) The district school board may propose a single millage or two millages, with one for
operating expenses and another for a local capital improvement reserve fund. When two millage
figures are proposed, each millage must be voted on separately.
(b) The district school board shall provide the wording of the substance of the measure and the
ballot title in the resolution calling for the election. The wording of the ballot must conform to the
provisions of s. 101.161.
(5) QUALIFICATION OF ELECTORS.—All qualified electors of the school district are entitled to
vote in the election to set the school tax district millage levy.
(6) RESULTS OF ELECTION.—When the district school board proposes one tax levy for operating
expenses and another for the local capital improvement reserve fund, the results shall be
considered separately. The tax levy shall be levied only in case a majority of the electors
participating in the election vote in favor of the proposed special millage.
11.A.3
Packet Pg. 17 Attachment: FS 1011.73 (12335 : School Board Referendum)
(7) EXPENSES OF ELECTION.—The cost of the publication of the notice of the election and all
expenses of the election in the school district shall be paid by the district school board.
History.—s. 666, ch. 2002-387; s. 5, ch. 2007-194; s. 12, ch. 2008-142; s. 130, ch. 2010-5; s. 31, ch. 2010-154.
11.A.3
Packet Pg. 18 Attachment: FS 1011.73 (12335 : School Board Referendum)