Florida Statute 1011.73 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1011
PLANNING AND BUDGETING

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F.S. 1011.73

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 millage 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 competent 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. A referendum under this part shall be held only at a general election, as defined in s. 97.021.

(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.

(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; s. 8, ch. 2022-214.

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Amendments to 1011.73

Arrestable Offenses / Crimes under Fla. Stat. 1011.73

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1011.73.

Annotations, Discussions, Cases:

Cases Citing Statute 1011.73

Total Results: 4

Hillsborough County, Florida v. The School Board of Hillsborough County

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-19T00:00:00-07:00

Snippet: election. § 1011.73(3). Finally, the School Board is responsible for the associated costs. § 1011.73(7). Reading… from July 1, 2025, until June 30, 2029. See § 1011.73(2). The referendum directed the County Commissioners…November 5, 2024, general election ballot. See § 1011.73(3). On July 17, 2024, the County Commissioners…granted the petition, determining that section 1011.73 vested the School Board with the right to select…quoting Watson, 333 So. 3d at 169). Section 1011.73 provides in pertinent part: (2) MILLAGE AUTHORIZED

CITY OF AVENTURA v. THE SCHOOL BOARD OF MIAMI DADE COUNTY FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-16T00:53:00-07:00

Snippet: pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-02-23T23:53:00-08:00

Snippet: pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage…for the benefit of charter schools. Section 1011.73 articulates the remedy for an illegal referendum…referendum: invalidation of the election. See § 1011.73(1), Fla. Stat. (2018) (“In the event any such election…shall be considered not to have been held.”); § 1011.73(2), Fla. Stat. (2018) (similar). Judge Gerber’s

ACADEMY FOR POSITIVE LEARNING, INC. v. SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-04-22T00:53:00-07:00

Snippet: granted pursuant to this section are subject to s. 1011.73. -2- … pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage…pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage…pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage