Resolution 2008-180
RESOLUTION NO. 2008 - 180
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA DIRECTING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO TAKE APPROPRIATE ACTION WITH
RESPECT TO A RESOLUTION BY THE COLLIER COUNTY SCHOOL
DISTRICT, WHICH SEEKS TO PLACE A MILLAGE REFERENDUM ON THE
NOVEMBER 4, 2008 GENERAL ELECTION BALLOT
WHEREAS, on June 5, 2008, the Collier County School District approved and adopted Resolution
08-05 (Revised) (the "Resolution"), pursuant to Florida Statutes Section 1011.73(2), which directs the
Collier County Board of Commissioners to call an election as part of the November 4, 2008 General
Election, to vote on an ad valorem millage increase for operating expenses by the School District as
authorized by Section 10 11.71 (6), Florida Statutes; and
WHEREAS, Section 1011.71(7), Florida Statutes, in part states that "school districts may levy, by
local referendum or in a general election, additional millage for school operation purposes. . . [.J;" and
WHEREAS, school district millage elections are required to be held in the manner prescribed by
law for holding general elections as provided by Section I 011.73(3), Florida Statutes; and
WHEREAS, the School District's Resolution includes language it proposes for its millage
referendum; and
WHEREAS, the Collier County Board of County Commissioners finds that it is lawful and in the
public interest to call for the referendum election requested by the School District and to direct the Collier
County Supervisor of Elections to take appropriate action with respect to the School District's request as
stated in its Resolution, while making no comment on the substance of the School District's proposed
referendum and/or the lawfulness of its proposed ballot language.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign this
Resolution to call an election as part of the November 4, 2008 General Election to vote on a
referendum for an ad valorem millage increase for operating expenses by the School District as
authorized by Section 1011.71(6), Florida Statutes and hereby directs the Collier County
Supervisor of Elections to take appropriate action with respect to the School District
Resolution, a copy of which is attached.
2. By taking this action, the Board of County Commissioners makes no comment on the
substance of the School District's proposed referendum and/or the lawfulness of its proposed
ballot language but is merely performing its duty to call the election as requested by the
School District.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
10th day of June, 2008.
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIE COUNT , FLORIDA
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RESOLUTION 08-05
(REVISED)
A RESOLUTION Il1RECTING THE BOARD OF COUNTY COMMISSIONERS OF
COlliER COUNTY TO CALL AN ELECTION AT WHICH THE ELECTORS WITHIN THE
SCHOOL DISTRICT MAY APPROVE AD VALOREM TAX MilLAGE OF UP TO .25
MillS 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 Fiorida Legislature for the District's rlOrmal operating
expenses during the 2007-2008 fiscal year, and
WHEREAS, under the proposed State of Florida budget for the 2008-2009 school
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 Schaal District has made and wllJ 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 pennit an increase in ad valorem taxes for four (4) years
for operating expenses pursuant to voter referandum, and
WHEREAS, the School District has Ihe 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
November 4, 2008 General Election for the qualified electors of the School
District of Collier County, Florida to vote on an ad valorem millage
increase for opera ling expenses by the School District as authorized by
Section 1011,71 (6), Florida Statutes.
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2, The substance of the millage referendum and the ballot title shall read:
ALLOW TAX-NEUTRAL FLEXIBLE FUNDING
FOR COLLIER COUNTY PUBLIC SCHOOLS
Shall the Collier County School District
(a) reduce ad valorem taxes for capital funding by ,25 mills, and
(b) enact ad valorem taxes for operating expenses of .25 mills
(an equal dollar amount),
(c) for a period of up to four years beginning July 1, 2009,
thereby providing more efficient and effective use of public school funding while
remaining tax-neutral?
YES
NO
APPROVED and ADOPTED at a Special Meeting of the School Board of Collier
County, Florida on June 5, 2008,
The School Board of Collier County, Florida
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By: ,XA'-< J~ Cd~~';(
t1nda Abbott, Chair
Attes~ 2~_
ennis L. Thompson, Superintendent
legal Approval:
~4//tIIlL
School Board Attorney
June 2. 2008