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HomeMy WebLinkAbout24-049RESOLUTION NO.2024-049 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CALLING A REFERENDUM ELECTION ON NOVEMBER 5, 2024, AT THE DIRECTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, TO DETERMINE IF THE ELECTORS OF THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, APPROVE CONTINUING THE LEVY OF A ONE-HALF PERCENT (0.5%) DISCRETIONARY SCHOOL CAPITAL OUTLAY SALES SURTAX TO FINANCE ACQUIRING, CONSTRUCTING, RECONSTRUCTING, AND RENOVATING EDUCATIONAL FACILITIES, PROCURING AND MAINTAINING SCHOOL BUSES, CAPTIAL IMPROVEMENTS, SAFETY AND SECURITY IMPROVEMENTS, AND TECHNOLOGY IMPROVEMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida ("Board"), has made the following determinations: 1. This Resolution is adopted pursuant to Section 212.055(6) and (10), Florida Statutes, and other applicable provisions of law. 2. On February 13, 2024, The School Board of St. Lucie County, Florida ("School Board"), adopted a Resolution requesting that this Board call a referendum election on the ballot of the general election to be held on November 5, 2024, to determine if the electors of The School District of St. Lucie County, Florida ("School District") approve continuing the levy of a one-half percent (0.5%) discretionary school capital outlay sales surtax ("Sales Surtax") to finance acquiring, constructing, reconstructing, and renovating educational facilities, procuring and maintaining school buses, captial improvements, safety and security improvements, and technology improvements for a period of ten (10) years. A copy of the School Board Resolution is attached to this Resolution as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. REFERENDUM ELECTION CALLED. As provided in Section 212.055(6) and (10), Florida Statutes, this Board calls a referendum election in the School District on the ballot of the general election to be held on November 5, 2024, to determine whether or not the School Board may continue the levy of the Sales Surtax for an additional ten (10) years. 2. NOTICE OF REFERENDUM ELECTION. The Superintendent of The School District will place a notice of the referendum election in a newspaper of general circulation published in the District. The publication shall be made at least thirty (30) days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. 3. OFFICIAL BALLOT. As required by Section 212.055(6)(b), Florida Statutes, the ballots to be used in the referendum election shall contain a statement that provides a brief and general description of the school capital outlay projects to be funded by the Sales Surtax, shall contain a statement that the revenues collected must be shared with eligible charter schools based on their proportionate share of the total school district enrollment, and shall be in substantially the following form: OFFICIAL BALLOT School District of St. Lucie County, Florida Referendum Election —November 5, 2024 REFERENDUM TO CONTINUE SCHOOL DISTRICT SALES SURTAX TO FUND EDUCATIONAL FACILITIES, TECHNOLOGY, AND SCHOOL SAFETY Shall the St. Lucie County School District continue levying a one-half cent sales surtax for a period of ten years, with eligible charter schools receiving a proportionate share of revenues based on total school district enrollment, to finance school and facility construction, reconstruction, and renovation, safety and security improvements, school technology improvements, procuring and maintaining school buses, land acquisition and improvement? FOR CONTINUING ONE-HALF CENT TAX AGAINST CONTINUING ONE-HALF CENT TAX 4. PRINTING OF BALLOTS. The Supervisor of Elections of St. Lucie County is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use of vote -by -mail voters entitled to cast ballots in the referendum election; and shall also have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for opening of the polls for the referendum election, and, further is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. 5. REFERENDUM ELECTION PROCEDURE. The Supervisor of Elections of St. Lucie County shall hold, administer, and conduct the referendum election in the manner prescribed by the Florida Election Code and other applicable law for holding elections in St. Lucie County. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. 6. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. 2 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 8. COPIES. Upon adoption, the County Administrator is directed to provide a copy of this Resolution to the Supervisor of Elections of St. Lucie County and the Superintendent of the School District. After motion and second, the vote on this resolution was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice -Chair AYE Larry Leet, Commissioner AYE Linda Bartz, Commissioner AYE Jamie Fowler, Commissioner AYE PASSED AND DULY ADOPTED this 22nd day of March, 2024. ATTEST: Go!86"ZO Clerk u � N .� `Gc�F COUNT BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA LIM APPROVED AS TO WORM AND CORRE ESS: By: County Attorne 3 EXHIBIT "A" School Board Resolution CERTIFICATE REGARDING RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA I, DR. JON R. PRINCE, the undersigned Superintendent of Schools and Ex Officio Secretary of The School Board of St. Lucie County, Florida ('Board"), DO HEREBY CERTIFY that: Attached hereto is a copy of "A RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS IN THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, APPROVE CONTINUING THE LEVY OF A ONE-HALF PERCENT (0.5%) DISCRETIONARY SCHOOL CAPITAL OUTLAY SALES SURTAX TO FINANCE ACQUIRING, CONSTRUCTING, RECONSTRUCTING, AND RENOVATING EDUCATIONAL FACILITIES, PROCURING AND MAINTAINING SCHOOL BUSES, CAPITAL IMPROVEMENTS, SAFETY AND SECURITY IMPROVEMENTS, AND TECHNOLOGY IMPROVEMENTS" adopted at a regular meeting of The School Board of St. Lucie County, Florida, duly called and held on February 13, 2024, at which meeting a quorum was present and acting throughout, which resolution has been compared by me with the original thereof as recorded in the Minute Book of said Board and that said Resolution is a true, complete, and correct copy thereof, and said Resolution has been duly adopted and has not been further modified, amended, or repealed, and is in full force and effect on and as of the date hereof in the form attached hereto. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Board this 13th day of February 2024. IN R. PRINCE, Superintendent and Ex Secretary of The School Board of St. County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me by means of v`Ohysical presence or ❑ online notarization this )lay of �e6, , A,., , 2024, by JON R. PRINCE, Superintendent and Ex Officio Secretary of The School Board of St. Lucie County, Florida. He P`5s personaIly known to me, or ❑ has produced as identification and ❑ did ❑ dial not take an oath. Q .`..� Y Notary Public- State of Florida Print Name: My Commission Expires:,ti, o Z o ,- A RESOLUTION OF THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, ORDERING AND PROVIDING FOR THE HOLDING OF A REFERENDUM ELECTION TO DETERMINE IF THE ELECTORS IN THE SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, APPROVE 'CONTINUING THE LEVY OF A ONE-HALF PERCENT (0.5%) DISCRETIONARY SCHOOL CAPITAL OUTLAY SALES SURTAX TO FINANCE ACQUIRING, CONSTRUCTING, RECONSTRUCTING, AND RENOVATING EDUCATIONAL FACILITIES, PROCURING AND MAINTAINING SCHOOL BUSES, CAPITAL IMPROVEMENTS, SAFETY AND SECURITY IMPROVEMENTS, AND TECHNOLOGY IMPROVEMENTS BE IT RESOLVED by The School Board of St. Lucie County, Florida (`Board"), acting as the governing body of The School District of St. Lucie County, Florida ("District"), as follows: SECTION 1. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to Section 212.055(6), Florida Statutes, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined that: (A) Section 212.055(6), Florida Statutes, authorizes school boards, including this Board, to levy a discretionary school capital outlay sales surtax not to exceed one-half percent (0.5%) ("Sales Surtax"), subject to approval by a majority vote of the electors in the county in which the school board is located. (B) By Resolution adopted December 12, 1995, as amended January 30, 1996, this Board (1) adopted a plan of finance for use of a Sales Surtax in the District, (2) authorized the levy of a Sales Surtax in an amount equal to one-half percent (0.5%), to take effect July 1, 1996, for a period of 10 years, (3) ordered a referendum election to be held on March 12, 1996 ("1996 Referendum"), to determine whether or not this Board might levy the Sales Surtax, and (4) authorized and directed other required matters respecting the 1996 Referendum. (C) On March 12, 1996, the Board of County Canvassers for St. Lucie County, Florida, certified passage of the 1996 Referendum approving the Sales Surtax. (D) As provided by due 1996 Referendum, the Sales Surtax became effective iiu St. Lucie County on July 1, 1996, for a period of 10 years expiring June 30, 2006. (E) Consistent with the requirements of Section 1013.35, Florida Statutes, this Board has adopted a district educational facilities plan that includes a listing of capital projects required to meet the anticipated facilities needs of the District for a 20 year period ("20 Year Plan"). (F) By Resolution adopted June 14, 2005, this Board (1) adopted a plan of finance for use of revenues derived from the extension of the Sales Surtax in the District, (2) authorized extending the levy of a Sales Surtax in an amount equal to one-half percent (0.5%) through December 31, 2026, (3) ordered a referendum election to be held on October 18, 2005 ("2005 Referendum"), to determine whether or not this Board might extend the levy of the Sales Surtax, and (4) authorized and directed other required matters respecting the 2005 Referendum. Sales Surtax Ref 2024 Sch Bd RES final (G) On October 18, 2005, the Board of County Canvassers for St. Lucie County, Florida, certified passage of the 2005 Referendum extending the levy of the Sales Surtax in the District. (H) The 20 Year Plan (1) consists of fixed capital expenditures or fixed capital costs associated with the construction, reconstruction, or improvement of school facilities and campuses, safety and security improvements, and procuring and maintaining school buses, all that have a useful life expectancy of five years or more, and any associated land acquisition, land improvement, design, and engineering costs related thereto, and (2) includes a component for costs of retrofitting and providing for tecluiology implementation, including hardware and software, for various sites within the District. (1) Acquisition and construction of the capital projects listed in the 20 Year Plan is necessary in order for the District to accommodate the growth in its student enrollment. (J) Extending the levy of the Sales Surtax is necessary to enable this Board to fiend the capital projects listed in the 20 Year Plan, and is in the best interest of the District and its students. (K) If extended, revenues from the Sales Surtax will be used (i) to acquire and construct all or a portion of the capital projects listed in the 20 Year Plan, (ii) to service bond indebtedness issued to finance those projects, or (iii) to make lease payments under lease -purchase agreements pursuant to Section 1001.42(11)(b)5, Florida Statutes, Section 1013.15(2), Florida Statutes, and Section 1013.64(6)(b)3, Florida Statutes, all of which are permitted by and consistent with Section 212.055(6), Florida Statutes. (L) This Board shall review and re -adopt the 20 Year Plan annually with such revisions as necessary to accommodate changes in local needs, student enrollment growth rates, facilities condition, educational requirements, construction costs, and other available revenues. (M) As required by Section 212.055(6)(b), Florida Statutes, the revenues collected from the Sales Surtax must be shared with eligible charter schools base on their proportionate share of the total school district enrollment. (N) As provided in Section 212.055(6)(b), Florida Statutes, (1) Sales Surtax revenues shared with charter schools shall be shared based on their proportionate share of the District's total capital outlay Rill -time equivalent enrollment as adopted by the education estimating conference established in Section 216.136, Florida Statutes, and expended by the charter school in a manner consistent with the allowable uses set forth in Section 1013.62(4), Florida Statutes, (2) all revenues and expenditures shall be accounted for in a charter school's monthly or quarterly financial statement pursuant to Section 1002.33(9), Florida Statutes, (3) the eligibility of a charter school to receive funds from the Sales Surtax shall be determined in accordance with Section 1013.62(l), Florida Statutes, and (4) if a school's charter is not renewed or is terminated and the school is dissolved under the provisions of law under which the school was organized, any unencumbered funds received under this subsection shall revert to the school's sponsor. Sates Surtax Ref 2024 Sch Bd RES final SECTION 3. PLAN OF FINANCE. The plan for use of the revenues derived from continuation of the Sales Surtax shall be as described in the findings provided in Section 2 of this Resolution. SECTION 4. CONTINUING LEVY OF SALES SURTAX. Subject to approval of the electors of the District, the Board hereby continues the levy of the Sales Surtax in an amount equal to one-half percent (0.5%). The continuation of the Sales Surtax shall terminate on December 31, 2036. No proceeds of the Sales Surtax nor any interest accrued thereon shall be used for operational expenses. SECTION 5. ELECTION ORDERED. The Board of County Commissioners of St. Lucie County, Florida, is hereby requested to place the required referendum election on the ballot of the general election to be held on November 5, 2024, to determine whether or not the Board may continue the levy of the Sales Surtax. SECTION 6. NOTICE OF ELECTION. The Superintendent, in consultation with the Supervisor of Elections of St. Lucie County, is hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in the District. The publication shall be made at least 30 days prior to the referendum and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is deemed to be held. The notice of referendum shall be in substantially the form provided in the attached Exhibit A. This Resolution shall be published as a part of such notice. SECTION 7. PLACES OF VOTING; INSPECTORS AND CLERKS. The polls will be open at the voting places on the date of the referendum election from 7:00 a.m. until 7:00 p.m. All qualified electors residing within the District shall be entitled and permitted to vote at the referendum election on the proposition provided in this Resolution. The places of voting and the inspectors and clerks of the referendum election shall be those designated by the Supervisor of Elections of St. Lucie County in accordance with law. SECTION 8. OFFICIAL BALLOT. The ballots to be used in the referendum election shall contain a statement relating to continuing the levy of the Sales Surtax, and shall be in substantially the following form: OFFICIAL BALLOT School District of St. Lucie County, Florida Referendum Election -November 5, 2024 REFERENDUM TO CONTINUE SCHOOL DISTRICT SALES SURTAX TO FUND EDUCATIONAL FACILITIES, TECHNOLOGY, AND SCHOOL SAFETY Shall the St. Lucie County School District continue levying a one-half cent sales surtax for a period of ten years, with eligible charter schools receiving a proportionate share of revenues based on total school district enrollment, to finance school and facility construction, reconstruction, and renovation, safety and security Sales Surtax Ref 2024 Sch Bd RES final improvements, school technology improvements, procuring and maintaining school buses, land acquisition and improvement? FOR CONTINUING ONE-HALF CENT TAX AGAINST CONTINUING ONE-HALF CENT TAX SECTION 9. VOTE -BY -MAIL VOTING; ABSENTEE VOTING. Adequate provision shall be made for vote -by -mail voting and absentee voting. The form of ballots to be used in the referendum election for vote -by -mail and absentee voters shall be the same as used in the polling places for the election. SECTION 10. PRINTING OF BALLOTS. The Supervisor of Elections of St. Lucie County is authorized and directed to have printed on plain white paper a sufficient number of the ballots for use of vote -by -mail voters entitled to cast ballots in the referendum election, and shall also have printed sample ballots and deliver the sample ballots to the inspectors and clerks on or before the date and time for the opening of the polls for the referendum election; and, further, is authorized and directed to make appropriate arrangements for the conduct of the election at the polling places specified. SECTION 11. ELECTION PROCEDURE. The Supervisor of Elections shall hold, administer, and conduct the referendum election in the manner prescribed by law for holding elections in St. Lucie County. Returns shall show the number of qualified electors who voted at the referendum election on the proposition and the number of votes cast respectively for and against approval of the proposition. The returns shall be canvassed in accordance with law. SECTION 12. REFERENDUM RESULTS. If a majority of the ballots cast in the referendum election shall be "FOR CONTINUING ONE-HALF CENT TAX," the levy of the Sales Surtax shall be approved and the Sales Surtax shall be levied as provided by law. SECTION 13. SEVERABILITY. In the event that any word, phrase, clause, sentence, or paragraph of this Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, phrase, sentence, or paragraph. SECTION 14. REPEALING CLAUSE. All Resolutions in conflict or inconsistent with this Resolution are repealed insofar as there is conflict or inconsistency. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. (Siglramres oir folloi-ving page) Sales Surtax Ref2024 Sch Bd RE S final ADOPTED at a Regular Meeting the 13"' day of February, 2024, with a quorum present and voting. THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA, acting as the governing body of The School District of St. Lucie County, Florida (SEAL) By; W"j d' , �' DEBORAH A. HA LEY Chair ATTEST: DR. J��. PRINCE Suuer It ndent of Schools and Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Glen J. Toreivia Interim School Board Attorney Sales Surtax Ref 2024 Sch Bd RLS final EXHIBIT A NOTICE OF REFERENDUM ELECTION IN SCHOOL DISTRICT OF ST. LUCIE COUNTY, FLORIDA, ON NOVEMBER 5, 2024 NOTICE IS HEREBY GIVEN THAT A REFERENDUM ELECTION will be held on November 5, 2024, in the School District of St. Lucie County, Florida (such School District comprising all of St. Lucie County, Florida), for the purpose of determining whether or not the electors in the School District approve continuing for a period of ten years, through December 31, 2036, the levy by the School Board of St. Lucie County, Florida, of a one-half percent (0.5%) Sales Surtax in St. Lucie County for the purpose of financing the cost of acquiring, constructing, reconstructing, and renovating educational facilities, capital improvements, safety and security improvements, and technology improvements; all as more specifically described and provided in a Resolution of the School Board of St. Lucie County, Florida, adopted on February 13, 2024, published below. The polls will be open at the voting places on the date of the referendum election from 7:00 a.m. until 7:00 p.m., all as provided in the Resolution published below. All qualified electors residing within the School District shall be entitled, qualified, and permitted to vote at such election. [Isnsert form of Resolution] THE SCHOOL BOARD OF ST. LUCIE COUNTY, FLORIDA By: &QQ b�k!!�� DEBORAH A. HAWLEY Chair Sales Surtax Ref 2024 Sch Bd RES Final