Resolution 2012-010RESOLUTION NO. 2012 - 10
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 6, 2012 GENERAL ELECTION BALLOT
WHEREAS, on January 10, 2012, the Collier County School District approved and adopted
Resolution 12 -01 (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 6, 2012 General
Election, to vote on an ad valorem millage increase for operating expenses by the School District as
authorized by Section 1011.71(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... [.];" 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 1011.73(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:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign this
Resolution to call an election as part of the November 6, 2012 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
Z4AZ�N th day of�vo_ 2012.
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legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B Y: - W
FRED W. COYLE, Chair
RESOLUTION #12 -01
A RESOLUTION DIRECTING THE BOARD OF COUNTY COMMISSIONERS OF COLDER 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;
WHEREAS, in 2008 the voters of Collier County approved a tax neutral Referendum proposed by the
District School Board (DSBCC) of Collier County;
WHEREAS, this Referendum enabled the DSBCC to remain financially stable during the first four
years of reduced revenue because of the economic downturn by increasing the operating tax millage by
.25 mills while the DSCBB reduced the capital tax millage by .25 mills;
WHEREAS, the DSBCC continues to experience a severe shortfall in the funding provided by the
Florida Legislature for the District's operating expenses during the 2011 -2012 fiscal year,
WHEREAS, the authority granted by the voters in approving the 2008 referendum expires in
June of 2013; --
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 will impact District finances;
WHEREAS, the Collier County School District has made and will continue to make significant and
financially responsible reductions and adjustments in its budgets;
WHEREAS, these laws permit an increase in ad valorem taxes for up to four (4) years for
operating expenses pursuant to voter referendum;
WHEREAS, pursuant to F.S. 1011.71(9) and F.S. 1011.73(2), 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
millage shift;
WHEREAS, this shift in funding will not result in any additional expense to the taxpayers;
NOW, THEREFORE, IT IS RESOLVED by the District School Board of Collier County, Florida, in a
regular public meeting duly called and assembled that:
1. Pursuant to F.S. 1011.71(9) and F.S. 1011.73(2), the Board of County Commissioners is
hereby directed to call an election as part of the November 6, 2012 General Election for
the qualified electors of the District School Board of Collier County, Florida to vote on an
ad valorem millage increase for operating expenses by the School District as authorized
by Section 1011.71(6), Florida Statutes.
2. The substance of the millage referendum and the ballot title shall read:
Renewal of Tax Neutral Flexible Funding for Collier County Public Schools
Collier County School District proposes to renew the 2008 voter approved referendum to allow the
District the option to reduce the capital tax millage by .25 mills and increase the operating millage by .25
mills to maintain economic stability. This will not result in any increase to the taxpayer.
Shall the School District reduce the capital millage and increase the operating millage each by up to .25
mills for a four year period?
YES
NO
APPROVED and ADOPTED at a Meeting of the District School Board of Collier County, Florida
on January 10, 2012:
The District Schoo ct Board of Collier County, Florida
By: -VZ-
Roy
Dr. Kamela Patton, Superintendent
rd Attorney
13, 2011
Vote by the DSBCC on January 10, 2012:
Yes No
Roy Terry
_X_
Barbara Berry
Cathy Curatolo
X_
Julie Sprague
Patricia Carroll
_X_