Agenda 05/27/2008 Item #10E
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Agenda Item NO.1 DE
May 27, 2008
Page 1 of 5
OFFICE :)F
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OFFICE OF THE SUPERINTENDENT
5n5 Osceola T..II ACTION
Napl.., Florida 34109-0919
(239) 3n-D212' FAX (239) 3n-0206
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May 16, 2008
Mr. Jim Mudd
County Manager
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, Florida 34112
RE: The School Board of Collier County, Florida
Resolution 08-05
Dear Mr. Mudd:
,-
Attached you will find Resolution 08-05 adopted by the School Board of Collier
County, Florida at Its regular meeting of May 15,2008. The Resolution, which was
adopted pursuant to Section 1011.71, Florida Statutes, directs the Board of County
Commissioners to place the referendum question described in its text on the August 26
Primary Election ballot.
We appreciate your bringing this Resolution to the Board of County
Commissioners for prompt action and thank you for your courtesies and cooperation.
With our regards,
Yours truly,
~2 ~o-~
Dennis L. Thompson
cc: School Board
Operations
Facilities
Legal
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COLLIER COUNTY CHARACTER EDUCATION TRAITS
Citizenship Cooperation Honesty Kindness Patriotism Perseverance
Respect Responsibility Self-Control Tolerance
THE COLl.IER COUNTY PUBLIC SCHOOl SYSTEM IS AN EQUALACCESSfEOUALQPPORTUNrrY INSTITUTlONFOR EDUCATION AND EMPLOYMENT.
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Page 1 of I
r;,;}enda item No.1 OE
May 27, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10E
Recommend3tion that the Board of County Commissioners place a School Board referendum
on the August 26 Primary Election ballot. (Jim Mudd County Manager)
51271200890000 AM
Meeting Date:
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
Sf21!2008 12:31 PM
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RESOLUTION 08-05
A RESOLUTION DIRECTING THE BOARD OF eOUNTY COMMISSIONERS OF
eOLLlER eOUNTY TO CALL AN ELECTION AT WHICH THE ELECTORS WITHIN THE
SCHOOL DISTRICT MAY APPROVE AD VALOREM TAX MILLAGE OF UP TO .25 MILL
AS AUTHORiZED UNDER SECTION 1011.71, FLORIDA STATUTES FOR
OPERATIONAL EXPENSES.
WHEREAS, capital funding is adequate to meet the School District's capital
needs under the existing ad valorem taxation structure, and
WHEREAS the Collier County School District has experienced a severe shortfall
in the funding provided by the Florida Legislature for the District's normal operating
expenses during the 2007-2008 fiscal year. and
WHEREAS, under the proposed State of Florida budget for the 2008-2009 schooi
year, the School District will experience an even more significant drop in the level of
state funding provided for its operations, and
WHEREAS, the indications from the Florida Legislature are that these shortfalls
in funding for the cost of operating the School District will continue in coming years. and
WHEREAS, the Collier County School District has made and will continue to
make significant and financially responsible reductions and adjustments in its budgets,
and
WHEREAS, the State of Florida's funding formula does not allow the Collier
County Public Schools to use capital funds for operating expenses except as provided
by Section 1011.71 (7) and Section 1011.73 of the Florida Statutes, and
WHEREAS. these laws permit an increase in ad valorem taxes for four (4) years
for operating expenses pursuant to voter referendum, and
WHEREAS, the School District has the legal authority to reduce ad valorem taxes
assessed for capital funding in an amount equal to a referendum-approved increase in
ad valorem taxes assessed for operating expenses, thereby creating a tax neutral shift,
NOW, THEREFORE, IT IS RESOLVED by the School Board of Collier County,
Florida, in a regular public meeting duly called and assembled that:
1. Pursuant to Section 1011.73 (2), Florida Statutes, the Board of County
Commissioners is hereby directed to call an election as part of the August
26, 2008 Primary Election for the qualified electors of the School District of
Collier County, Florida to vote on an ad valorem millage increase for
operating expenses by the Schooi District as authorized by Section
1011.71 (6), Florida Statutes.
I',genda Item NO.1 Dc
May 27, 2008
Page 4 of 5
2. The substance of the millage referendum and the ballot title shall read:
ALLOW FLEXIBLE FUNDING FOR COLLIER COUNTY PUBLIC SCHOOLS
The School District's objective is to make available a portion of the ad valorem
tax levy for operation of the school district, including textbooks, classroom materials,
insurance, employee salaries and benefits, and the normal costs of operating the public
school system. Upon approval of this measure, the District will reduce the millage for
capital funding by .25 mill and will enact ad valorem taxation for operational funding in
the same amount of .25 mill.
Shall the School District enact a yearly ad valorem tax of .25 mill for operating
expenses for a four-year period beginning July 1,20097
YES
NO
APPROVED and ADOPTED this 15th day of May, 2008.
The School Board of Collier County, Florida
By: ~A 01 0/ t2td-erf
Inda Abbott, Chair
Attes~' 2 ;;A,tn-.__
Dennis L. Thompson, Superintendent
Legal Approval:
R~~r1~
School Board Attorney ,
May 8, 2008
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May "-7. 20OSl5
Page 5 of 5
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM;-cl C
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FROM:
James V. Mudd, County Manager '(f.j':~~1 :::~.~ e;.-
Scott R. Teach, Managing Assistant County Attorney J12:. '::'~=_~~~:.~~e>~ ~~
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April 24, 2008 ~
TO:
DATE:
RE:
District School Board of Collier County I Proposed Referendum
The District School Board of Collier County (the "District") is considering placing a
referendum on the August 2008, primary ballot asking the voters of Collier County
whether they would like to approve the reallocation of a portion of the District's ad
valorem revenue from its capital fund to its operating fund. The School Board of Monroe
County, Florida, successfully pursued a similar referendum recently on January 29, 2008.
The short answer is that if the District wishes to pursue a referendum it must adopt a
resolution at a regular meeting directing the Board of Collier County Commissioners to
call an election on the proposed millage adjustment.
Florida Statutes, Section 1011.71(7), states, in part, that "school districts may levy, by
local referendum or in a general election, additional millage for school operation
purposes...[.]" School district millage elections are required to be held in the manner
prescribed by law for holding general elections. Fla. Stat. 9 1011.73(3). Section
1011.73(4), Fla. Stat. requires the school districts to provide the wording of the substance
of the referendum and the ballot title in the resolution that calls for the election. Finally,
the resolution adopted should "direct" the Board of County Commissioners to call an
election on the measure. Because there is an upcoming primary and general election,
further coordination should involve the Collier County Supervisor of Elections.
Should you have any further questions regarding this matter, please let me know.
Cc: Jeffrey A. Klatzkow, County Attorney
Jennifer J. Edwards, Collier County Supervisor of Elections
Timothy Durham, Dcputy Supervisor of Elections