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04-11-2019 Regular Workshop Agenda The City ®f CityCommission venturaAi Workshop Meeting April 11 , 2019 Following 9:00 A.M. Commission Meeting " Executive Conference Room 19200 West Country Club Drive Aventura,FL 33180 AGENDA 1. Call to Order/Roll Call 2. Presentation by US Census 2020 Partnership Specialist (City Manager) 3. Discussion of Equitable Distribution of Revenue from Miami- Dade County School Board's November 6, 2018 Tax Referendum for the City's Charter Schools (City Attorney)* 4. Adjournment * Back-up Information Exists ** PowerPoint Presentation This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466- 8901,not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting.Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and,for such purpose,may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180, or online at cityofaventura.com.Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. CITY OF AVENTURA MEMORANDUM TO: Mayor and City Commission FROM: David M. Wolpin, City Attorney's Office DATE: April 4,2019 SUBJECT: Equitable Distribution of Revenue from Miami-Dade County School Board's(the "School Board's")November 6,2018 Tax Referendum(the"Referendum Revenue") April 11,2019 City Commission Workshop Item 3 Recommendation Itis recommended that the City Commission consider the results of research in support of the City's request for an equitable distribution of Referendum Revenue from the School Board for the City's Charter Schools. Background Prior to and after the voters of Miami Dade County(including the voters of the City of Aventura) approved the November 6,2018,tax referendum of the School Board for the provision of a teacher and instructional staff pay supplement and school safety enhancements, the City corresponded with the School Board and requested an equitable distribution of the Referendum Revenue for the benefit of the City's Charter School.A copy of the City's letters of October 22,2018 and January 24, 2019 are attached hereto as Exhibits"A"and"B". By letter of February 7, 2019, the School Board (via the Superintendent) responded to the City's letters, and denied the City's request. A copy of the Superintendent's letter is attached hereto as Exhibit"C". The City Commission has requested that we research any legal authorities which may support the City's entitlement to an equitable distribution of the Referendum Revenue for the benefit of the City's Charter Schools. Section 1011.71 (9),F.S., is the statutory enabling legislation for the Referendum. A copy of that statute is attached hereto as Exhibit" D". The Referendum item was placed on the November 6, 2018 ballot pursuant to School Board Resolution 18-047. A copy of that resolution is attached hereto as Exhibit"E". We have found that in Indian River County, Florida, there was a very favorable Circuit Court ruling by Order of June 13, 2017, in the case of Indian River Charter High School, Inc. et. al. v. School Board of Indian River County, Case No. 31-2016-CA-000431 (June 13,2017).A copy of 1 that Order is attached hereto as Exhibit "F". The Indian River Circuit Court determined that the charter schools located in that County were entitled to a fair share of the 2012 Indian River County School District tax referendum revenue, to be allocated based upon the percentage of student population in the charter schools in that county as calculated in proportion to the School District's total student population. Following that favorable Circuit Court ruling, the parties there entered into an agreed upon Final Judgment of September 20, 2017, which equitably distributed referendum revenue to specific charter schools. A copy of that Final Judgment is attached hereto as Exhibit"G".Accordingly,the City may want to specifically request the School Board to provide information and an explanation as to how the School Board may seek to draw any distinction from the City's current request for an equitable distribution of Referendum Revenue to the court ruling in Indian River County. We have also found that Attorney General Opinion.2004-67,as issued by Attorney General Charlie Crist in 2004 clearly supports the concept that since charter schools are part of the public school system, they should be funded the same as other public schools in the public school system. A copy of AGO 2004-67 is attached hereto as Exhibit"H". Further, we understand that the Florida Legislature will be considering legislation to expressly provide for charter schools to share in the revenue which is produced by school tax referendums, such as the November 6,2018 Referendum.We continue to monitor that legislation as it may offer a resolution of the matter without the need to consider other remedies. Importantly, Speaker of the House,Jose R.Oliva,by letter of February 26,2019,has expressed strong support for the equitable distribution of the Referendum Revenue to Charter Schools within Miami- Dade County. A copy of that letter is attached hereto as Exhibit"I". Moreover,Attorneys working with Charter Schools USA have taken an active and important role in the legislative process and will keep the City updated. Further information will be provided as the Iegislative process unfolds. Once the results of the legislative process are known, additional options may be considered, if necessary. It should be noted that Chapter 1.64, F.S., requires governmental entities to attempt to resolve any intergovernmental conflict pursuant to the dispute resolution process which is provided by that statute, which includes negotiation,joint public meetings and mediation. A copy of the statute is attached hereto as Exhibit"J". If you have any questions,please feel free to contact me. Respectfull David M. Wolpin City Attorney's Office Copy: Ronald J. Wasson, City Manager Ellisa L. Horvath City Clerk 2 4A 1) City of I _ Aventura t Government Center ��C�"1 19200 West Country Club Drive a �' Aventura, Florida 33180 ENID WEISMAN October 22, 2018 MAYOR COMMISSIONERS DENISE LANDMAN Ms. Perla Tabares Hantman DR.LINDA MARKS Chair of the Board GLADYS MEZRAH1 MARC NAROTSKY Miami-Dade County School Board ROBERTSHFUEY School Board Administration Building HOWARD WEINBERG 1450 N.E. 2nd Avenue, 7th Floor JOANNECARR Miami, FL 33132 INTERINI CITY MANAGER RE: Referendum for Teacher and Instructional Staff Pay Supplement and School Safety (the Referendum") Dear Chair Tabares Hantman. The City Commission of the City of Aventura (the "City") has requested that I write to you to advise that the City Commission supports the School Referendum. However, that support is expressly subject to the condition that if the Referendum is approved by the electors, the Miami- Dade County School Board (the "School Board") shall take prompt action to assure that municipal Charter Schools, such as the City's Aventura City of Excellence School ("ACES") will receive an equitable distribution of the additional tax revenues which are produced by the approval of the Referendum. As you know, ACES and all other charter schools are public schools, just as the traditional public schools operated by the School Board are public schools. The parents of the children attending charter schools are taxpayers and are entitled to equal treatment and respect. Since approval of the Referendum will enable the compensation of high quality teachers and instructional personnel to be enhanced, and will provide additional necessary funding for school safety, including assistance in funding school resource officers, it is essential that access to such funds not be limited to those schools which are operated by the School Board, but also be provided to municipal Charter Schools, such as ACES. Access to the Referendum funding source for improvements in compensation for high quality teachers and instructional personnel is of paramount importance, so that teacher and instructional staff parity of compensation may be assured for the dedicated professionals serving in public schools, without regard to whether they serve in a public school operated by the School Board or a public school which is a municipal Charter School. Each constitutes a public school which ably serves the residents and taxpayers. NONE: -305-466-8910 • FAX. 345-466-8919 www.cityofavetittira.com e r g Moreover, since each year Aventura taxpayers provide in excess of $66 Million Dollars in tax funds to the School Board, basic fairness requires that the new revenue which is produced by the Referendum be equitably shared with the City for the benefit of the parents and students of ACES, Please remember that for the last several weeks of last year's school year, the City Commission stepped up to the plate and provided City of Aventura police protection for the School Board's Waterways school located outside of the boundary of the City of Aventura, in order to protect all staff and children at that public school. That was done at no cost to the School Board, The City Commission determined that it was simply the right thing to do. The taxpayers of the City absorbed that cost. It is time for the School Board to step up now, do the right thing, and honor the City's request for fair treatment concerning the equitable distribution of the Referendum revenue. Please feel free to contact me if you have any questions concerning this matter. The City welcomes the opportunity to work with the School Board on this and other issues of mutual concern. Accordingly, kindly advise us of the date and time of the School Board meeting at which the implementation of the Referendum, if approved by the electors, will appear on the School Board Agenda for discussion. Thank you for your consideration. Yours truly, Joanne Carr, AICP Interim City Manager Copy: Superintendent Alberto Carvalho Mayor Weisman and City Commission City Clerk City ®f Aventura Government Center F� 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager January 24, 2019 Ms. Perla Tabares Hantman Chair of the Board Miami-Dade County School Board School Board Administration Building 1450 N.E. 2"d Avenue, 7th Floor Miami, FL 33132 Re: Equitable Distribution of Revenue from Referendum for Teachers and Instructional Staff Pay Supplement and School Safety (the Referendum") Dear Chair Tabares Hantman: You will recall that by letter of October 22, 2018 (the " Letter"), the City Commission of the City of Aventura (the "City") advised you that the City Commission supports the School Referendum, subject to the condition that if the Referendum was approved by the electors, the Miami- Dade County School Board (the "School Board") would take prompt action to assure that municipal Charter Schools, such as the City's Aventura City of Excellence School ("ACES") will receive an equitable distribution of the additional tax revenues which are produced by the approval of the Referendum. The Letter explained that since approval of the Referendum will enable the compensation of high quality teachers and instructional personnel to be enhanced, and will provide additional necessary funding for school safety, including assistance in funding school resource officers, 3 it was essential that access to such funds not be limited to those schools which are operated by the School Board, but also be provided to municipal Charter Schools, such as ACES. The Letter further pointed out that access to the Referendum funding source for improvements in compensation for high quality teachers and instructional personnel is of paramount importance, so that teacher and instructional staff parity of compensation may be assured for the dedicated professionals serving in public schools, without regard to whether they serve in a public school operated by the School Board or a public school which is a PHONE: 305-466-8910 • FAx. 305-466-8919 www.cityofaventura.com K January 24, 2019 Ms. Perla Tabares Hantman Page Two municipal Charter School. Each constitute public schools which ably serve the residents and taxpayers. However, despite the fact that the Referendum was approved by the electors, the City has not received any distribution from the Referendum revenue and has not even received a reply to our Letter. Moreover, since each year, Aventura taxpayers provide more than $66 Million Dollars in tax funds to the School Board, basic fairness requires that the new revenue which is produced by the Referendum be equitably shared with the City for the benefit of the parents and students of ACES. Please feel free to contact me if you have any questions concerning this matter. The City welcomes the opportunity to work with the School Board on this and other issues of mutual concern. Accordingly, kindly advise us of the date and time of the School Board meeting at which the equitable distribution of our municipal Charter School's share of revenue from the Referendum may be considered. In the interim, we have invited Dr. Karp to provide a status update to us. Thank you for your consideration. Sincerely, Ronald J. Wasson City Manager cc: School Board Members Superintendent Alberto Carvalho Mayor Weisman and City Commission City Clerk CM03073-19 NONE: 305-466-8910 FAX: 305-466-8919 www.cityofaventura.com Mia qr Dade • • • 9fvrrrg oafs;adepts '. Iha world Superintendent of Schools Miami-Dade County School Board Alberto M. Carvalho Perla Tabares Hantman, Chair Dr. Martin Karp, We Chair Dr. Dorothy Bendross-Mindingall February 7, 2019 Susie V Castillo Dr.Lawrence S. Feldman Mr. Ronald J. Wasson, Cit Manager , p Dr. Steve Gallon t Y a� g b�:a-0 L:� i160 Lubby Navarro City of Aventura Dr. Marta Perez Government Center Mari Tore Rous 19200 West Country Club Drive FEB 14 2019 Aventura, FL 33180 Dear Mr. Wasson: Please accept this correspondence as confirmation that Miami-Dade County Public Schools (M-DCPS) is in receipt of two letters dated October 22, 2018, addressed to the Chair and Vice Chair of the School Board respectfully, and your more recent letter of January 24, 2019, addressed to the Chair of the School Board. These letters regarding the referendum for teacher and instructional personnel and school safety have been referred to me for a response. As you may be aware, the referendum language specifically indicated: SHALL THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, LEVY 0.75 MILLS OF AD VALOREM TAXES FOR OPERATIONAL FUNDS (1) TO IMPROVE COMPENSATION FOR HIGH QUALITY TEACHERS AND INSTRUCTIONAL PERSONNEL, AND (2) TO INCREASE SCHOOL SAFETY AND SECURITY PERSONNEL, WITH OVERSIGHT BY A CITIZEN ADVISORY COMMITTEE, BEGINNING JULY 1, 2019, AND ENDING JUNE 30, 2023? The funds generated from the passage of this referendum were clearly intended for the exclusive benefit of M-DCPS. United Teachers of Dade (UTD) represents teachers and instructional personnel who are public employees of the School Board of Miami-Dade County, Florida. Similarly, the Fraternal Order of Police (FOP) represents Miami-Dade Schools Police Officers. As the voters of Miami-Dade authorized the School Board to levy ad valorem taxes for its operational funds, those funds have been committed via duly adopted and ratified collective bargaining agreements with both UTD and FOP. However, I believe there is a collective moral obligation for the safety and security of all students. To that end, as has been previously indicated at various public meetings and through the media, consideration may be given to providing charter schools with an increased share of the Safe Schools allocation provided by the Florida Legislature, Shortly after the conclusion of the legislative appropriations process, recommendations regarding expanded access to Safe Schools funding for FY 2019-2020 will be proffered. School Board Administration Building• 9450 N.E. 2nd Avenue• Miami, Florida 33932 305-995-9000, www.dadeschools.net We greatly appreciate the long-term support of Miami-Dade County Public Schools and consider the City of Aventura to be a valuable partner in the education of our community's children. We look forward to working closely with the City as we continue to advocate for increased educational funding at the state and federal levels. If you have any questions, please feel free to contact Ms. Iraida Mendez-Cartaya, Associate Superintendent, Office of Intergovernmental Affairs, Grants Administration, and Community Engagement, at 305 995-1497. Sincerely, 09 Alberto M. Carvalho Superintendent of Schools AMC:mja L768 cc: School Board Members School Board Attorney Ms. Iraida R. Mendez-Cartaya Page 2 of 2 Statutes & Constitution :View Statutes : Online Sunshine Pagel of 3 v � � r Select Year: 2018 v Go The 2o18 Florida Statutes Title XLVIII Chapter 1011 View Entire Chapter K-20 EDUCATION CODE PLANNING AND BUDGETING 1011.71 District school tax.— (1) If the district school tax is not provided in the General Appropriations Act or the substantive bill implementing the General Appropriations Act, each district school board desiring to participate in the state allocation of funds for current operation as prescribed by Is. 1011.62(18) shall levy on the taxable value for school purposes of the district, exclusive of millage voted under s. 9(b) or s. 12, Art. VII of the State Constitution, a millage rate not to exceed the amount certified by the commissioner as the minimum millage rate necessary to provide the district required local effort for the current year, pursuant to s. 1011.62(4)(a)1. In addition to the required local effort millage levy, each district school board may levy a nonvoted current operating discretionary millage. The Legislature shall prescribe annually in the appropriations act the maximum amount of millage a district may levy. Z(2) In addition to the maximum millage levy as provided in subsection (1), each school board may levy not more than 1.5 mills against the taxable value for school purposes for charter schools pursuant to s. 1013.62(1) and (3) and for district schools to fund: (a) New construction and remodeling projects, as set forth in s. 1013.64(6)(b) and included in the district's educational plant survey pursuant to s. 1013.31, without regard to prioritization, sites and site improvement or expansion to new sites, existing sites, auxiliary facilities, athletic facilities, or ancillary facilities. (b) Maintenance, renovation, and repair of existing school plants or of leased facilities to correct deficiencies pursuant to s. 1013.15(2). (c) The purchase, lease-purchase, or lease of school buses. (d) The purchase, lease-purchase, or lease of new and replacement equipment; computer and device hardware and operating system software necessary for gaining access to or enhancing the use of electronic and digital instructional content and resources; and enterprise resource software applications that are classified as capital assets in accordance with definitions of the Governmental Accounting Standards Board, have a useful life of at least 5 years, and are used to support districtwide administration or state-mandated reporting requirements. Enterprise resource software may be acquired by annual license fees, maintenance fees, or lease agreements. (e) Payments for educational facilities and sites due under a lease-purchase agreement entered into by a district school board pursuant to s. 1003.02(1)(f) or s. 1013.15(2), not exceeding, in the aggregate, an amount equal to three-fourths of the proceeds from the millage levied by a district school board pursuant to this subsection. The three-fourths limit is waived for lease-purchase agreements entered into before June 30, 2009, by a district school board pursuant to this paragraph. If payments under Lease-purchase agreements in the aggregate, including lease-purchase agreements entered into before June 30, 2009, exceed three-fourths of the proceeds from the millage levied pursuant to this subsection, http://www.leg.state.flus/STATUTES/index.cfm?App_mode=Display_Statut... 2/4/2419 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 the district school board may not withhold the administrative fees authorized by s. 1002.33(20) from any charter school operating in the school district. (f) Payment of loans approved pursuant to ss. 1011.14 and 1011.15. (g) Payment of costs directly related to complying with state and federal environmental statutes, rules, and regulations governing school facilities. (h) Payment of costs of leasing relocatable educational facilities, of renting or leasing educational facilities and sites pursuant to s. 1013.15(2), or of renting or leasing buildings or space within existing buildings pursuant to s. 1013.15(4). (i) Payment of the cost of school buses when a school district contracts with a private entity to provide student transportation services if the district meets the requirements of this paragraph. 1. The district's contract must require that the private entity purchase, lease-purchase, or lease, and operate and maintain, one or more school buses of a specific type and size that meet the requirements of s. 1006.25. 2. Each such school bus must be used for the daily transportation of public school students in the manner required by the school district. 3. Annual payment for each such school bus may not exceed 10 percent of the purchase price of the state pool bid. 4. The proposed expenditure of the funds for this purpose must have been included in the district school board's notice of proposed tax for school capital outlay as provided in s. 200.065(10). (j) Payment of the cost of the opening day collection for the library media center of a new school. (k) Payout of sick leave and annual leave accrued as of June 30, 2017, by individuals who are no longer employed by a school district that transfers to a charter school operator all day-to-day classroom instruction responsibility for all full-time equivalent students funded under s. 1011.62. This paragraph expires July 1, 2018. (3) Notwithstanding subsection (2), if the revenue from 1.5 mitts is insufficient to meet the payments due under a lease-purchase agreement entered into before June 30, 2009, by a district school board pursuant to paragraph (2)(e), or to meet other critical district fixed capital outlay needs, the board, in addition to the 1.5 mitts, may levy up to 0.25 mitts for fixed capital outlay in lieu of levying an equivalent amount of the discretionary milts for operations as provided in the General Appropriations Act. Mittage levied pursuant to this subsection is subject to the provisions of s. 200,065 and, combined with the 1.5 milts authorized in subsection (2), may not exceed 1.75 mills. If the district chooses to use up to 0.25 milts for fixed capital outlay, the compression adjustment pursuant to s. 1011.62(5) shall be calculated for the standard discretionary millage that is not eligible for transfer to capital outlay. (4) if the revenue from the millage authorized in subsection (2) is insufficient to make payments due under a lease-purchase agreement entered into prior to June 30, 2008, by a district school board pursuant to paragraph (2)(e), an amount up to 0.5 mitts of the taxable value for school purposes within the school district shall be legally available for such payments, notwithstanding other restrictions on the use of such revenues imposed by law. (5) A school district may expend, subject to s. 200.065, up to $150 per unweighted full-time equivalent student from the revenue generated by the millage levy authorized by subsection (2) to fund, in addition to expenditures authorized in paragraphs (2)(a)-(j), expenses for the following: (a) The purchase, lease-purchase, or tease of driver's education vehicles; motor vehicles used for the maintenance or operation of plants and equipment; security vehicles; or vehicles used in storing or distributing materials and equipment. http://www.leg.state.fl.us/STATUTES/index.cfm?App_node=Display_Statut... 2/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 a. (b) Payment of the cast of premiums, as defined in s. 627.403, for property and casualty insurance necessary to insure school district educational and ancillary plants. As used in this paragraph, casualty insurance has the same meaning as in s. 624.605(1)(d), (f), (g), (h), and (m). Operating revenues that are made available through the payment of property and casualty insurance premiums from revenues generated under this subsection may be expended only for nonrecurring operational expenditures of the school district. (6) Violations of the expenditure provisions in subsection (2) or subsection (5) shall result in an equal dollar reduction in the Florida Education Finance Program (FEFP) funds for the violating district in the fiscal year following the audit citation. (7) These taxes shall be certified, assessed, and collected as prescribed in s. 1011.04 and shall be expended as provided by law. (8) Nothing in s. 1011.62(4)(a)1. shall in any way be construed to increase the maximum school millage levies as provided for in subsection (1). (9) In addition to the maximum millage levied under this section and the General Appropriations Act, a school district may levy, by local referendum or in a general election, additional millage for school operational purposes up to an amount that, when combined with nonvoted millage levied under this section, does not exceed the 10-mill limit established in s. 9(b), Art. VII of the State Constitution. Any such levy shall be for a maximum of 4 years and shall be counted as part of the 10-mill limit established in s. 9(b), Art. VII of the State Constitution. Millage elections conducted under the authority granted pursuant to this section are subject to s. 1011.73. Funds generated by such additional millage do not become a part of the calculation of the Florida Education Finance Program total potential funds in 2001- 2002 or any subsequent year and must not be incorporated in the calculation of any hold-harmless or other component of the Florida Education Finance Program formula in any year. If an increase in required local effort, when added to existing millage levied under the 10-mill limit, would result in a combined millage in excess of the 10-mill limit, any millage levied pursuant to this subsection shall be considered to be required local effort to the extent that the district millage would otherwise exceed the 10-mill limit. History.-s. 28, ch. 2002-296; s. 663, ch. 2002-387; ss. 17, 18, ch. 2003-399; s. 1, ch. 2004-346; s. 7, ch. 2006-27; s. 54, ch. 2006-74; s. 9, ch. 2006-190; s. 178, ch. 2007-5; s.4, ch.2007-59; s. 4, ch. 2007-194; ss. 7, 33, ch. 2007-321; ss. 4, 5, ch. 2007-328; ss. 6, 7, ch. 2008-2; ss. 10, 11, ch. 2008-142; ss. 1,2, ch. 2008-213; ss. 12, 13,ch. 2009-3; s. 33, ch. 2009-59; s. 129, ch.2010-5; s. 30, ch. 2010-154; s. 36, ch. 2011-55; s. 98, ch. 2012-5; s. 17, ch. 2012-133; s. 88, ch. 201439; s. 28, ch. 2014-56; ss. 8, 9, ch.2015-222; ss. 22, 23, 126, ch. 2016-62; s. 29, ch. 2016-237; s. 29, ch. 2017-136; s. 32, ch. 2018-6; s. 110, ch. 2018-110; s. 53, ch. 2018-118. Note.-Substituted by the editors for a reference to s. 1011.62(16), as amended by s. 110, ch. 2018-110, to conform to the addition of a new subsection (16)by s. 29, ch. 2018-3, and a new subsection (16), redesignated by the editors as subsection(17), by s. 4, ch. 20'18-10. 2Note.-Section 49, ch. 2018-6, provides that: "(1) The Department of Revenue is authorized, and all conditions are deemed to be met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, for the purpose of administering the provisions of this act. "(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to subsection (1) are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules. "(3) This section shall take effect upon this act becoming a law and shall expire January 1, 2022." Copyright© 1995-2019 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfn?App mode=Display_Statut... 2/4/2019 �E g o f RESOLUTION 18-047 f L A RESOLUTION OF THE SClFI00L BOARD OF MIAMI- DAD.E COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO BE HELD ON NOVEMBER 6, 2418 !' FOR THE PURPOSE OF SUBMITTING TO THE DULY QUALIFIED ELECTORS OF MIAMI-DADE COUNTY, FLORIDA A QUESTION REGARDING A LEVY OF AD ' VALOREM TAXES FOR OPERATING EXPENSES TO f, IMPROVE COMPENSATION FOR HIGH QUALITY j TEACHERS, INSTRUCTIONAL PERSONNEL, AND TO E INCREASE SCHOOL SAFETY AND SECURITY PERSONNEL, WITH OVERSIGHT BY A CITIZEN ADVISORY COMMITTEE; PROVIDING FOR PROPER NOTICE OF SUCH REFERENDUM; AND PROVIDING AN EFFECTIVE DATE WHEREAS, for the first time in the history of Florida School Performance Grades, the School District of .Miami-Dade County, Florida ("the District") has achieved a district wide grade of an "A," and for the second year in a row, there are no "F"-rated traditional schools in the District; and WHEREAS, higher percentages of Miami-Dade schools received "A" grades in 2018 than statewide across all schools and in all other large Florida Districts; and WHEREAS, the District's graduation rate rose to 84,2 percent for the 2016-201.7 academic year, the highest rate the District has achieved since the Florida Department of G Education began tracking graduation statistics with modern methods in the late 1990s; and WHEREAS, the District has demonstrated outstanding results on statewide assessments, NAEP-TUDA results, impressive third-grade assessment results and regularly leads the nation in both Advanced Placement(AP)participation and performance among minority students; and WHEREAS, for the seventh straight year, the District received more national magnet merit awards than any other District, and for 2017-18 award cycle, the District received 54 magnet merit awards, an increase of 12 additional awards; and WHEREAS,the School Board must maintain sufficient revenues to maintain high quality E instruction in schools; and WHEREAS,the District has experienced a severe shortfall in the funding provided by the Florida. Legislature for the District's normal operating expenses during the current and prior fiscal years, and such shortfall negatively affects the District's ability to attract and retain high quality teachers and other instructional personnel; and i WHEREAS, the State categorical funding allocation for more School Resource Officers and security personnel and other safety and security requirements is insufficient to meet the statutory requirements and needs of the District;and MfA 1653782640 f WHEREAS, under the State of Florida budget approved for the 2018-2019 school year, the millage the District is required to levy will be the lowest total.millage assessed for school purposes in decades; and WHEREAS, the State's funding formula does not permit the use of capital funds for operating expenses except for limited purposes pursuant to Section 1011.71(5), Florida Statutes (2018); and i; f WHEREAS, Section 1011.71(9) and Section 1011.73, Florida Statutes (2018), authorize the imposition by school boards of a levy of ad valorem taxes for up to four (4) years for operating expenses, subject to approval by the electors of the county voting in a referendum; NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF MIAMI- !: DADE COUNTY,FLORIDA: j Section 1. Levy of Ad Valorem Taxes for O er ng Expenses. Pursuant to the provisions of Section 1011.71(9), Florida Statutes (2018), there is hereby levied and imposed 0.75 mills of ad valorem taxes to fund operating expenses to improve compensation for high quality teachers and other instructional personnel and to increase school safety and security personnel,with oversight by a citizen advisory committee. Section 2. Term of Lev . The 0.75 mill levy of ad valorem taxes for operating expenses shall commence July 1, 2019 and shall remain in full force and effect for up to four- ;: years ending June 30, 2023, unless repealed or reduced prior to that time by resolution of the 4 School Board,which repeal or reduction may be effectuated without referendum, i:. Section 3. Referendum. The School Board hereby requests a referendum to be held throughout Miami-Dade County, Florida, on the second Tuesday after the first Monday in November, which is November 6, 2018, for the purpose of submitting to the duly qualified electors of Miami-Dade County the question or questions set forth herein. The School Board hereby requests the Miami-Dade County Board of County Commissioners (i) to approve the date for the referendum and (ii) to direct the Miami-Dade County Supervisor of Elections to place on the ballot the statement contained in the "Notice of Election" set forth in section 4, below, and to conduct said election pursuant to the provisions of the election laws of the State of Florida. The vote at said referendum shall be by the voting device provided by the Supervisor of Elections for the general election, as approved by the Florida Department of State pursuant to Chapter 101, Florida Statutes, and in each polling place there shall be at least one such device. Section 4. Notice of Election. Notice of said election shall be given by publication both in English and Spanish in a newspaper of general circulation throughout the County. Such publication shall be made at least twice, once in the fifth week and once in the third week prior to the week of November 6, 2018, the first publication to be not less than 30 days prior to the date of the referendum. Such notice shall be substantially in the following form together with such additional information as the Supervisor of Elections of Miami-Dade County, Florida shall Y; require: ]]3: !kk ki 2 3,. r NOTICE OF ELECTION TUESDAY,NOVEMBER 6,2018 B IN MIAMI-DADE COUNTY, FLORIDA 1; l NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA FROM i 7:00 A.M. UNTIL 7.00 P.M. ON TUESDAY,.THE 6t1' DAY OF NOVEMBER, 2018, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY QUALIFIED ELECTORS OF MIAMI-DADE COUNTY, FLORIDA THE FOLLOWING QUESTION; REFERENDUM TO APPROVE AD VALOREM LEVY FOR TEACHERS, INSTRUCTIONAL PERSONNEL,SCHOOL SAFETY AND SECURITY SHALL THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, LEVY 0.75 MILLS OF AD VALOREM TAXES FOR OPERATIONAL FUNDS (1) TO IMPROVE COMPENSATION FOR HIGH QUALITY TEACHERS AND INSTRUCTIONAL PERSONNEL, AND (2) TO INCREASE SCHOOL SAFETY AND SECURITY PERSONNEL, WITH OVERSIGHT BY A CITIZEN ADVISORY COMMITTEE, BEGINNING JULY 1, 2019, AND ENDING JUNE 30, 2023? YES NO IN ACCORDANCE WITH THE CONSTITUTION AND THE ELECTION LAWS OF THE STATE OF FLORIDA, ALL DULY QUALIFIED ELECTORS OF MIAMI-DADE COUNTY,FLORIDA SHALL BE ENTITLED TO VOTE IN THE ELECTION TO WINCH THIS NOTICE PERTAINS. IF THE QUESTION SHALL BE APPROVED BY VOTE OF A MAJORITY OF THE DULY QUALIFIED ELECTORS OF MIAMI-DADE COUNTY, E FLORIDA VOTING THEREON, THE SCHOOL BOARD SHALL LEVY 0.75 MILLS OF AD VALOREM TAXES FOR OPERATIONAL FUNDS TO BE USED TO IMPROVE COMPENSATION FOR HIGH QUALITY TEACHERS AND INSTRUCTIONAL PERSONNEL AND TO INCREASE SCHOOL SAFETY AND SECURITY PERSONNEL, WITH OVERSIGHT BY A CITIZEN ADVISORY COMMITTEE, FOR A PERIOD OF FOUR YEARS. Section 5. Official Ballot. The official ballot to be used in the election to be held on November 6, 2018, shall be in English, Spanish and Haitian-Creole shall be in full compliance i' with the laws of the State of Florida and shall be substantially in the fallowing form; i 3 OFFICIAL BALLOT REFERENDUM TO APPROVE AD VALOREM LEVY FOR TEACHERS, INSTRUCTIONAL is PERSONNEL,SCHOOL SAFETY AND SECURITY l i SHALL THE SCHOOL BOARD OF MIAMI-RADE E ' COUNTY, FLORIDA, LEVY 0.75 MILLS OF AD VALOREM TAXES FOR OPERATIONAL FUNDS (1) It TO IMPROVE COMPENSATION FOR HIGH QUALITY TEACHERS AND INSTRUCTIONAL PERSONNEL, AND (2) TO INCREASE SCHOOL SAFETY AND SECURITY PERSONNEL, WITH OVERSIGHT BY A 1 CITIZEN ADVISORY COMMITTEE, BEGINNING is JULY 1, 2019,AND ENDING 'JUNE 30,2023? YES NO is If the question shall be approved by vote of a majority of the duly qualified electors of Miami-Dade County, Florida, voting thereon, the School Board shall levy 0.75 mills of ad t valorem taxes for operational funds to improve compensation For high quality teachers and instructional personnel and to increase school safety and security personnel, with oversight by a citizen advisory committee for a period of four years. Section 6. Time and Place of Referendum. The polls will be open at the voting places on the date of such referendum from 7:00 A.M. until 7:00 P.M. All qualified electors residing within the County shall be entitled and permitted to vote at such referendum on the proposition provided above. The referendum shall be held at the polling places provided for general elections in Miami-Dade County, Florida and the inspectors and clerics shall be those appointed and qualified for general elections in Miami-Dade County, Florida by the Supervisor of Elections. The inspectors and clerks at each polling place and the Supervisor of Elections shall canvass the vote and make due returns of same without delay to the Board. Such returns fied electors who voted at such election on such shall shove, separately, the number of quali is question and the number of votes cast respectively for and against approval of such question. The returns of the inspectors and clerks shall, as soon as practicable after the close of the polls, be canvassed by the Supervisor of Elections, which shall declare and certify the results of such referendum. Section 7, Absentee Votin . Absentee electors participating in said referendum shall be entitled to cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting, which shall have printed thereon the question { hereinabove set forth, with proper place for voting either "YES" or "NO" following the i statement of the question aforesaid. Section 8. Voter Re istration Books. The Supervisor of Elections is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are till to be cast in such referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the County. c 4 E i! l' Section 9. Statutory References. All statutory references herein shall be to said statutes as they exist on the date of adoption of this Resolution and as they may be from time to s time amended or renumbered, except to the extent contractual commitments would preclude I application of a subsequent statutory revision or repeal. Section 10. Severability. It is declared to be the intent of the School Board that, if any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof Section 11. Conflict. Any resolution or part thereof in conflict with this Resolution or any part hereof is hereby repealed to the extent of the conflict. Section 12. Effective Date. Sections 1 through 2 of this Resolution shall be effective upon approval by a majority of votes cast by qualified electors in the referendum provided for herein and the remaining sections of this Resolution shall be effective immediately upon its adoption. Approved by The School Board of Miami-Dade County, Florida this day of July, 2018. By: phi/,- 7rja�w Chair,The School Board of Miami-Dade County, Florida [SEAL] i ATTEST: j r ry, The School Board of iami-Dade County, Florida I Approved as to form and legality. t [ SAA Boar Attorney i I i j1 1 S E 3120170034137 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT C6URT INDIAN RIVER CO FI. BK: 3032 PG: 1.080,6/14/2017'7:44 AM Filing# 57667590 E-Filed 06/13/2017 10:33:28 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA INDIAN RIVER CHARTER MG14 CASE NO, 31-2016-CA-000431. SCHOOL,INC.,a Florida Not For Profit Corporation; IMAGINE SCHOOL AT SOUTH INDIAN RIVER COUNTY,LLC, d/b/a IMAGINE SCHOOLS AT SOUTH VERO,a Florida Not For Profit Limited Liability Company;NORTH COUNTY CHARTER SCHOOL,INC.,a Florida Not For Profit Corporation; SEBASTIAN CHARTER JUNIOR HIGH,INC.,a Florida Not For Profit Corporation; and ST.PETER'S ACADEMY,INC., a Florida Not For Profit Corporation, Plaintiffs, V. SCHOOL BOARD OF INDIAN RIVER COUNTY,FLORIDA, Defendant. 1 ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FOR DECLARATORY RELIEF This matter came on to be heard on February 28, 2017, on the motions for summary judgment filed by both the plaintiffs and the defendant and the court having reviewed the summary judgment evidence, heard argument of counsel, and making the following findings of act and conclusions of law; 1. The plaintiffs are five charter schools operating within Indian River County and the defendant is their sponsor. 2. On May 8, 2012, the School Board approved a resolution placing the following referendum on the August 14,2012 election ballot; Page 1 of 7 BK: 3032 PG: 1081 Shall the School District 0.60 ad valorem millage be continued for essential operating needs such as teachers, instruction manual,and technology in order to provide all students with highq y ing July 1, 2013 and ending four educ ears laterp on June 30,8 (4) y 2017, with annual reporting to the citizenry? This referendum was passed by the voters. 3, In duly noticed public meetings held on March 27,2012,April 10,2012,and May 22,2012,the School Board discussed school district needs,uses, and allocations for the proceeds of the 2012 Referendum, if approved, During the April 10, 2012 meeting, the School Board determined that they would allocate five(5)percent of the 2012 Referendum proceeds to charter schools. q, The parties agree that the 2012 Referendum was authorized by Florida Statutes §§1011.71(9)and 1011.73(2)- 5, Following the passage of the referendum, the defendant has distributed five (5) gmills e to the charter schools despite the fact that the five charter percent of the 0.60 yearly schools comprise approximately 12%of the total student population of the district. 6. The dispute between the parties is whether the charter schools are entitled to a proportional share of the funds from the 2012 referendum or whether the district has the discretion to determine how much, if any, of the revenue the charter schools are entitled to receive. 7. The charter schools objected to the district's decision and when mediation between the parties failed and the Florida Division of Administrative Hearings determined it lacked jurisdiction to decide the issues raised by the dispute, the plaintiff's filed the instant complaint seeking declaratory and injunctive relief. In the alternative,they have alleged that the Page 2 of 7 BK: 3032 PG: 1082. ontracts. The district has asserted the affirmative district breached the respective charger school c defenses of the statute of limitation,laches,waiver,estoppel,and unclean hands, 8, Charter schools in Florida are governed by section 1002.33, Florida Statutes, and receive funding as set forth in section 1002.33(17). Section 1002.33(17)as well as other statutes are quoted below with different forms of emphasis supplied by the court to reflect the Parties' reliance on different parts of the statute for their respective positions in this matter. The charier ols' text is u d s o ;the districts text is italicized. Section 1002.33 provides in pertinent scho part: a c ch s t (17) Funding. — ent special be and�,as if they are in a basic program or a s rs iu. s � 0 o program, t e a e e t e r di tr•ct. ... (b) The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school dist 1011.62 orpreratin 011 .Efinds and the Gefrom the neral Education Finance Program as Pp S. Appropriations Act, including gross state and local funds, discretionary lottery lla th 5 0 ' tr' °s n ra i c e o funds, n wei -i e • a s is ' e • id t f n 1 istri ' lti lied the w i ht d ful1-t me ival nt de t or e c a ter cool. Charter schools whose students or programs meet the eligibility criteria in law are entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation, the research-based reading allocation, and the Florida digital classrooms allocation, Total funding for each charter school shall be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full- time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education. § 1002.33(17)(b),Fla.Stat. (emphasis added). Another part of the Florida Statutes, section 1011.71, addresses additional funding that is available to all public schools by means of discretionary levies. in addition to the"required local Page 3 of 7 BIS: 3432 PG: 1083 effort"tax levy, school districts may levy,nanvated and voted discretionary treillage. Subsection 1 of the statute provides for a nonvoted operating discretionary millage. Subsection (2) pr that in addition to the nonvoted operating millage of subsection (1), a school district provides , may levy millage for capital expenses for district schools, "including charter schools at the discretion of the school board ...". 1t is undisputed that the millage levied as a result of the 2012 Referendum for operational expense was levied pursuant to subsection (9) of section 1011.71, which provides in pertinent part: a ti n M.UM Millage ' er d r a ADVro '— A a o i `ct a u to an e era ti d l or c t o tia 1 p amount that, when combined with nonvoted millage levied under this section, does not exceed the 10-mill limit established in s, 9(b), Art. VU of the State Constitution. Any such levy shall be for a maximum of years and sbatlthe be counted as part of the l0-mill limit established in s. 9(b)> Constitution. Millage elections conducted under the authority granted pursuant to millage this section are subject to S. Ile ands g of tela Educationerated by such aditinalFlnane do not become a part of the Program total potential funds .-. § 1011.71,Fla. Stat. (emphasis added). The plaintiffs focus on the above underscored language of sections 1002.33(17) and 1011.71(9) to support their position that the Legislature intended a charter school to receive funding equal to other public schools in the charter's district. The parties agree that a charter school receives a pro rata share of the revenue based on the number of each district's full-time equivalent (FTE) students as provided in section 1002.33(17)(b) but the plaintiffs assert that, under the statute, charter schools' proportional, pro rata share includes "funds from the school district's current operating discretionary millage levy,"i.e.,the 2012 Referendum. The district meanwhile maintains the italicized language of sections 1002.33(17) and 1011.71(9) clearly demonstrates that the Legislature intended that charter schools share equally Page 4 of 7 HK: 3032 PG: 11184 cal operating funds allocated by the Florida Education.Finance only in those federal, state, and to Program (FEFP). It is the district's position that, pursuant to section 1002.33(17)(b), the only funding available to charter schools as a matter of law would be local funding which is required by, or included in FFF'P. Because the funds for operating expenses derived from the 2012 Referendum are expressly excluded from FEFP pursuant to the italicized language in section 1011.71(9) above, the funds, according to the district, are expressly denied to charter schools"as a matter of right." In the district's view, any local funding for operating expenses of the district—such as that derived from the 2012 Referendum which is not included in FEFP—is available to a charter school only at the discretion of the district. The court finds that the language of section 1002.33(17)(b),relied upon by the district, is not restrictive in nature. The statute does not, as argued by the district,unequivocally state that the only local funds to which charter schools are entitled or in which they proportionately share are limited to those funds required by or included in the FEFP. Rather,the plain language of the statute affirmatively states that charter schools shall be funded from the sura of a school district's operating funds(plural) available in the FEFP as set forth under section 1011.62 and the General Appropriations Act, as well as the other sources named in the statute, including"funds from the school district's current operating discretionary millage levy..." Nor does the court agree with the district's argument that section 1002.33(17)(b)operates with section 1011.71(9) to deny charter schools the local funds generated pursuant to the latter statute. Section toll.71(9) expressly directs that funds generated for a school district's operational purposes from a discretionary millage levy shall not become part of the calculus of the FEFP. Accordingly, such funds derived from a local referendum pursuant to section 1011.71(9) would not be distributed through the FEFP's formulas to any school in a school Page 5 of 7 BK: 3032 PG: 1085 district, Beyond this singular prohibition, subsection (9) of the statute is silent as to how such local fiends for operating purposes are to be distributed, The 2012 Referendum funds have been and are being distributed by the district to the public schools, including charter schools, through some method other than through FF-FP. The district has concluded that the 2012 Referendum funds may be distributed to the charter schools in its discretion because, according to the State Board of Education, millage levied under section 1011.71(9) for operational purposes should be treated the same as millage levied under section 1011.71(2) for capital expense. Section 1011.71(2) permits a school district to levy additional millage for capital expenses "far district schools, including charter schools at the discretion of the school board ..." However, section 1011.71(9)contains no equivalent language with respect to a levy of additional millage for operational expenses, and the court cannot add words that were not placed there by the Legislature. State v. Little, 104 So. 3d 1263, 1265-66 (Fla. 4th DCA 2013); Esposito v. State, 891 So. 2d 525, 529 (Fla. 2004). Consequently, the court finds the district's argument for discretionary distribution pursuant to section 1011.71(9) to be unsupported by the law. The only other statutory language that supports distribution of the 2012 Referendum funds is, as the plaintiffs maintain, contained in section 1002.33(17)(b), providing that charter schools are entitled to, in addition to a proportional, pro rata share of FEFP funds, funds generated from a school district's current operating discretionary millage levy — the operating funds were generated by the 2012 Referendum pursuant to section 1011.71(9). Section 1002.33(17)(b)is not silent as to how those funds are to be distributed;they are to be"divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school ...". Page 6 of 7 BK: 3032 FG: 1086 9. The court finds that the plain language of the statute supports the plaintiffs' position and they are entitled to summary judgment on their claim for declaratory relief. The plaintiffs are therefore entitled to received funding from the 2012 referendum pursuant to the formula set forth in section 1002.33(17)(b)and not the 5%previously determined by the school board. The defendant's motion for summary judgment is hereby denied. 11, The court finds that the affirmative defenses raised by the defendant of statute of limitation,laches, waiver,estoppel,and unclean hands are not support by the facts or law. 10. The court hereby retains jurisdiction to determine, as to each of the individual plaintiff's, the amount of funding they should have received under the 2012 referendum and to enter an appropriate judgement the amount they are due. Done and Ordered at Vero Beach, Indian River County, Florida, this 13th day of June, 2017. PAUL B.KANAREK Circuit Judge cc: Debra S.Babb-Nutcher,Esq.,dbabb 51orlandolaw.net •ones @orlandolaw.net Shawn A.Arnold,Esq., arnold( arnoldlawfirmllc.cor melissaaarnoidlawfirmllc.com Jeffrey S. Wood,Esq.,iwood a)m dRa.cc�n Page 7 of 7 3120170055077 RECORDED IN THE RECORDS OF JEFFREY Ri SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL 9K: 3057 PPG: 1820,9126J2017 8:33 AM Filing# 61924994 E-Filed 09/25/2017 11:03:09 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA .INDIAN RIVER CHARTER HIGH CASE NO, 31-2015-CA-000431. SCHOOL,INC., a.Florida Not For Profit Corporation,IMAGINE SCHOOL AT SOUTH INDIAN RIVER COUNTY,LLC, d/b/a IMAGINE SCHOOLS AT SOUTH VERO, a Florida Not For Profit Limited Liability Company;NORTH COUNTY CHARTER SCHOOL,INC.,a Florida Not For Profit Corporation; SEBASTIAN CHARTER JUNIOR HIGH,INC., a Florida Not For Profit Corporation; and ST.PETER'S ACADEMY,INC., a Florida Not For Profit Corporation, Plaintiffs, v. SCHOOL BOARD OF INDIAN RIVER COUNTY,FLORIDA, Defendant. FINAL JUDGMENT This matter came before this Court on the parties' Stipulated Motion for Entry of Final Judgment. The Court, after entering an Order Granting Plaintiffs' Motion for Summary Judgment for Declaratory Relief and retaining jurisdiction to determine the amount of funding each Plaintiff should receive, and being otherwise fully apprised, ORDERS AND ADJUDGES: 1. Final Judgment is entered in favor of the Plaintiffs, INDIAN RIVER CHARTER HIGH SCHOOL,INC., a Florida Not For Profit Corporation; IMAGINE SCHOOL AT SOUTH INDIAN RIVER COUNTY, LLC, d/b/a. IMAGINE SCHOOLS AT SOUTH VERO, a Florida Not For Profit Limited Liability Company; NORTH COUNTY CHARTER SCHOOL, INC,, a Florida Not For Profit Corporation; SEBASTIAN CHARTER JUNIOR HIGH, INC., a Florida. Not For Profit Corporation; and ST. PETER'S ACADEMY, INC., a Florida Not For Profit Corporation, and against Defendant, SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, BK: 3457 PG: 1821 2, The parties have entered into a separate Release and Settlement Agreement regarding the amounts Defendant shall pay to each individual Plaintiff in full and final settlement of all monies owed,which amounts are set forth as follows, a. Indian River Charter High School, Inc. $731,737.64 6055 College Lane Vero Beach,FL 32966 b. Imagine School at South Indian River County, LLC $1,039,784,02 d/b/a Imagine Schools at South Vero 6000 4th Street Vero Beach,FL 32968 c. North County Charter School,Inc. $356,312.52 6640 Old Dixie Highway Vero Beach,FL 32967 d. Sebastian Charter Junior High,Inc. $296,906.66 782 Wave Street Sebastian,FL 32958 e. St. Peter's Academy,Inc. $148,281.42 4250 38th Avenue Vero Beach,FL 32967 which shall bear interest at the rate of 5.17%per annum. 3. Payment of the above amounts shall be made in accordance with the payment terms and schedule set forth in the parties' Release and Settlement Agreement. 4. Each party shall bear its own costs, expert fees, and attorney's fees. 5. This Court retains jurisdiction to enforce this Judgment. Done and Ordered at Vero Beach, Indian River County, Florida this 20th day of September, 2017. PAUL B.KANAREK Circuit Judge 2 BK: 3057 PG: 1822 Co vies to: Shawn A.Arnold,Esquire Melissa Grass-Arnold,Esquire The Arnold Law Firm 6279 Dupont Station Ct. Jacksonville, FL 32217 sarnold r-arttoldla-wfrnille.eonI MelissaCDarnoidlawfiriiill.c.i�oni Jeffrey S. Wood,Esquire One Financial Plaza,Ste. 2602 Ft. Lauderdale,FL 33394 woodCib.m a-tdm,.com Suzanne D'Agresta,Esquire Debra S. Babb-Nutcher,Esquire Garganese, Weiss &D'Agresta,P.A. 111 N. Orange Avenue, Suite 2000 Orlando,FL 32801 ,,a recta cuorlandolaw.nct dbab])Qorlandolaw.net si onesfir�.orla�dolaw.nct 3 Advisory Legal Opinion - Charter schools, funding Page 1 of 4 fu Florida Attorney General Advisory Legal Opinion Number: AGO 2004-67 Date: December 17, 2004 Subject: Charter schools, funding Mr. Al Cardenas Tew--Cardenas LLP Four Seasons Tower 15th Floor 1441 Brickell Avenue Miami, Florida 33131-3407 Mr. Ed Pozzuoli 110 Southeast 6th Street 15th Floor Fort Lauderdale, Florida 33301 RE : SCHOOLS - CHARTER SCHOOLS - funding of charter schools . S . 1002 . 33, Florida Statutes . Dear Mr. Cardenas and Mr. Pozzuoli, : You have asked whether the language of section 1002 . 33, Florida Statutes , requires that charter schools be funded "the same as" other schools in the public school system. As one of the sponsors of the companion Senate bill creating the original charter school legislation in 1996 , this is a subject of particular concern to me. [1] In my opinion, for the reasons discussed below, the answer is yes . In order to supplement the educational opportunities of children, the Florida Legislature in 1996 authorized the creation of charter schools . [2] The statute, now codified at section 1002 . 33 , Florida Statutes , allows for both the creation of new charter schools and the conversion of existing public schools to charter status . [3] Section 1002 . 33 provides for the creation of such charter schools as part of the state' s program of public education. [4] http:l/www.myfloridalegal.com/ago.nsf/printview/51FED3 8FF23EFD 15 8525... 2/6/2019 Advisory Legal Opinion - Charter schools, funding Page 2 of 4 Section 1002 . 33 (17) , Florida Statutes, makes provision for the funding of charter schools . The statute states : "Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. Funding for a charter lab school shall be as provided in s . 1002 . 32 . " Charter schools are required to report their student enrollment to the district school board and the school board must include each charter school' s enrollment in the district' s report of student enrollment. [5] The statute provides the basis for funding students enrolled in a charter school . Section 1002 . 33 (17) (b) , provides : "The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district' s operating funds from the Florida Education Finance Program as provided in s . 1011 . 62 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds , and funds from the school district' s current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the charter school . Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Education Finance Program by the Legislature, including transportation. Total funding for each charter school shall be recalculated during the year to reflect the revised calculations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full-time equivalent student survey periods designated by the Commissioner of Education. " A district school board that is providing student programs or services funded by federal funds must provide federal funds for the same level of service to any eligible students enrolled in charter schools in the district. [6] In addition, the statute http://www.myfloridalegal.com/ago.nsf/printview/51 FED3 8FF23EFD 15 8525... 2/6/2019 Advisory Legal Opinion - Charter schools, funding Page 3 of 4 requires that " [p]ursuant to provisions of 20 U. S .C. 8061 s . 10306, all charter schools shall receive all federal funding for which the school is otherwise eligible, including Title 1 funding . . . [7] The statute also requires the timely and efficient reimbursement of charter schools by district school boards . [8] It is a general rule of statutory construction that the intent of the Legislature is to be determined initially from the language of the statute itself. [9] Thus , where the language of a statute is plain and definite in meaning without ambiguity, it fixes the legislative intention such that interpretation and construction are not needed. [10] Section 1002 . 33 (17) , Florida Statutes, provides that "students enrolled in a charter school . . . shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. " The language of the statute appears to be plain and definite and the intention of the Legislature is conveyed clearly and must be followed. I would note that section 1002 . 33 (6) (h) , Florida Statutes , creates a process for mediation by the Department of Education "for any dispute regarding this section subsequent to the approval of a charter application and for any dispute relating to the approved charter, except disputes regarding charter school application denials . " In fact, the statute recognizes that certain disputes may not be capable of resolution through mediation and specifically allows the appeal of such a dispute to an administrative law judge who "may rule on issues of equitable treatment of the charter school as a public school 1 . 111 Thus , an administrative procedure is established for the resolution of issues of disparate treatment of charter schools . In light of this statutory language, you may wish to consider working with the Department of Education to mediate any dispute regarding disparate funding of charter schools or to request appointment of an administrative law judge to consider such allegations . Sincerely, Charlie Crist Attorney General http://www.myfloridalegal.comlago.nsflprintview/51FED3 8FF23EFD 158525... 2/6/2019 Advisory Legal Opinion - Charter schools, funding Page 4 of 4 CC/tgh --------------------------------------------------------------- [1] See CS/CS/SB 334 , Journal of the Senate, State of Florida, 1996 . [2] See s . 1 , Ch. 96-186, Laws of Fla. [3] Section 1002 . 33 (3) , Fla. Stat. [4] Section 1002 . 33 (1) , Fla. Stat, [5] Section 1002 . 33 (17) (a) , Fla. Stat. [6] Section 1002 . 33 (17) (c) , Fla. Stat. [7] Id. [8] Section 1002 . 33 (17) (d) , Fla. Stat. [9] See, e. g. , M. W. v. Davis, 756 So. 2d 90 (Fla. 2000) (when language of statute is clear and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to rules of statutory interpretation and construction as statute must be given its plain and obvious meaning) ; McLaughlin v. State, 721 So. 2d 1170 (Fla. 1998) ; Osborne v. Simpson, 114 So. 543 (Fla. 1927) (where statute' s language is plain, without ambiguity, it fixes legislative intention and interpretation and construction are not needed) ; Holly v. Auld, 450 So . 2d 217 (Fla. 1984) . [10] See Ops . Att'y Gen. Fla. 00-46 (2000) , 99-44 (1999) , 97-81 (1997) . http://www.myfloridalegal.com/ago.nsf/printview/51FED3 8FF23EFD 15 8525... 2/6/2019 } i$erase � o R E �ZORIAh The Florida House of Representatives Office of the Speaker Jose R.Oliva Speaker February 26, 2019 Ms. Perla Tabares Hantman, Chair Mr. Alberto M. Carvalho, Superintendent Miami-Dade County Public Schools 1450 NE 2'd Avenue Miami, FL 33132 Dear Chair Hantman and Superintendent Carvalho: When the voters of Miami-Dade County voted overwhelmingly last November to tax themselves in order to "improve compensation for high quality teachers,"they probably did not know that more than 1800 teachers responsible for educating 68,000 students would be automatically excluded from receiving higher salaries. Excluded—not because they are not high quality teachers, but because they work for charter schools. Charter schools are public schools. They are supported by tax dollars distributed by the school district. They educate students whose taxpaying parents chose those charter schools as the best educational opportunity for their children. The school board's refusal to share new revenue places charter school students in a separate category—separate and unequal. High quality teachers of charter school students (almost 20%of all Miami-Dade students) do not deserve any improvement in compensation according to the Miami-Dade School Board. Before the vote in November and before district officials went behind closed doors to negotiate with the union, an illusion was created that the additional taxes would be used to benefit all schools. "We're doing this for everybody", Superintendent Alberto Carvalho asserted. Nothing in the ballot language dispelled this illusion or clarified the real intent of the referendum sponsors. Such deception by elected officials is simply intolerable. But it is not too late to rectify the problem. The school board can and should reassess the planned distribution of new revenue. Including charter schools in the use of these funds would 420 The Capitol,402 South Monroe Street,TALLAHASSEE,FL 32399-1300 (850)717-5000 1 provide an allocation that is fair to all Miami-Dade students and consistent with the plain language that the voters approved. I urge you to take immediate action on this important matter. Sincerely, 0�za - Jose R. Oliva, Speaker CC: Richard Corcoran, Commissioner of Education Oscar Braynon III, State Senator Manny Diaz Jr., State Senator Jose Javier Rodriguez, State Senator Jason Pizzo, State Senator Anitere Flores, State Senator Annette Taddeo, State Senator Joseph Geller, State Representative Sharon Pritchett, State Representative Cindy Polo, State Representative Ana Maria Rodriguez, State Representative Barbara Watson, State Representative Dotie Joseph, State Representative James Bush, State Representative Bryan Avila, State Representative Nicholas Duran, State Representative Michael Grieco, State Representative Javier Fernandez, State Representative Vance Aloupis, State Representative Daniel Perez, State Representative Kionne McGhee, State Representative Anthony Rodriguez, State Representative Juan Fernandez Barquin, State Representative Holly Raschein, State Representative Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 6 f V-5 V1 Select Year: 2018 v Go The 2o18 Florida Statutes Title XI Chapter 164 View Entire COUNTY ORGANIZATION AND GOVERNMENTAL Ch� apter INTERGOVERNMENTAL RELATIONS DISPUTES CHAPTER164 GOVERNMENTAL DISPUTES 164.101 Short title. 164.102 Purpose and intent. 164.1031 Definitions. 164.1041 Duty to negotiate. 164.1051 Scope. 164.1052 Initiation of conflict resolution procedure; duty to give notice. 164.1053 Conflict assessment phase. 164.1055 Joint public meeting. 164.1056 Final resolution. 164.1057 Execution of resolution of conflict. 164.1058 Penalty. 164.1061 Time extensions. 164.1065 Applicability of ch. 99-279. 164.101 Short title.—Sections 164.101-164.1061 may be cited as the "Florida Governmental Conflict Resolution Act." History.—s. 1, ch. 87-346; s. 1, ch. 99-279. 164.102 Purpose and intent.—The purpose and intent of this act is to promote, protect, and improve the public health, safety, and welfare and to enhance intergovernmental coordination efforts by the creation of a governmental conflict resolution procedure that can provide an equitable, expeditious, effective, and inexpensive method for resolution of conflicts between and among local and regional governmental entities. It is the intent of the Legislature that conflicts between governmental entities be resolved to the greatest extent possible without litigation. History.—s. 2, ch. 87-346; s. 2, ch. 99-279. 164.1031 Definitions.—For purposes of this act: (1) "Local governmental entities" includes municipalities, counties, school boards, special districts, and other local entities within the jurisdiction of one county created by general or special law or local ordinance. (2) "Regional governmental entities" includes regional planning councils, metropolitan planning organizations, water supply authorities that include more than one county, local health councils, water http://www.leg.state.flus/STATUTES/index.cf n?App_mode=Display_Statut... 4/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 6 management districts, and other regional entities that are authorized and created by general or special law that have duties or responsibilities extending beyond the jurisdiction of a single county. (3) "Governmental entity" includes local and regional governmental entities. (4) "Local government resolution" has the same meaning as provided in s. 166.041. (5) "Governing body" means the council, commission, or other board or body in which the general legislative powers of a local or regional governmental entity are vested. (6) "Designee" means a representative with full authority to negotiate on behalf of a governmental entity and to recommend settlement to the appropriate decisionmaking body or authority of the governmental entity. (7) "Noticed public meeting" means a public meeting in which notice is given at least 10 days prior to the meeting by publication in the newspaper of widest circulation in the jurisdictions of the primary conflicting governmental entities. Each primary conflicting governmental entity shall provide notice within its jurisdiction. (8) "Primary conflicting governmental entities" means the governmental entity initiating the conflict resolution process provided for in this act, together with the governmental entity or entities with whom the initiating governmental entity has a conflict. The term does not include other governmental entities which may have a role in approving or implementing a particular element or aspect of any settlement of the conflict, or which may receive notice or intervene in the conflict resolution process provided for in this act. (9) "Mediation" means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a conflict between two or more parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues and exploring settlement alternatives. History.—s. 3, ch. 99-279. 164.1041 Duty to negotiate.---- (1) If a governmental entity files suit against another governmental entity, court proceedings on the suit shall be abated, by order of the court, until the procedural options of this act have been exhausted. The governing body of a governmental entity initiating conflict resolution procedures pursuant to this act shall, by motion, request the court to issue an order abating the case pursuant to this section. All governmental entities are encouraged to use the procedures in this act to resolve conflicts that may occur at any time between governmental entities, but shall use these procedures before court proceedings, consistent with the provisions of this section. The provisions of this act do not apply to administrative proceedings pursuant to chapter 120 or any appeal from any administrative or trial court judgment or decision. Nothing in this act shall limit a governmental entity from initiating and prosecuting eminent domain, foreclosure, or other court proceedings where, as a function of the nature of the suit, other governmental entities are necessary parties, if there are no materially disputed issues with regard to such joinder. Nothing in this act shall limit a governmental entity from filing any counterclaim or cross-claim in any litigation in which it is a defendant. Nothing in this act is intended to abrogate other provisions of law which provide procedures for challenges to specific governmental actions, including, but not limited to, comprehensive plan amendments and tax assessment challenges. The provisions of this act shall not apply to conflicts between governmental entities if an alternative dispute resolution process, such as mediation or arbitration, is specifically required by general law or agreed to by contract, interlocal agreement, or other written instrument, or if the governmental entities have reached an impasse during an alternative dispute resolution process engaged in prior to the initiation: of court action. Further, nothing in this act shall preclude a governmental entity from filing a http://www.leg.state.fl.us/STATUTES/index.cfm?App—mode Display_Statut... 4/4/2019 Statutes & Constitution :View Statutes : Online; Sunshine Page 3 of 6 suit without resort to the provisions of this act against any federal or other governmental entity not governed by state law. Nothing in this section shall be deemed to toll or waive jurisdictional time limits on specific pleadings or motions set forth in statute or court rules unless modified pursuant to S. 164.1061. (2) If a governmental entity, by a three-fourths vote of its governing body, finds that an immediate danger to the health, safety, or welfare of the public requires immediate action, or that significant legal rights will be compromised if a court proceeding does not take place before the provisions of this act are complied with, no notice or public meeting or other proceeding as provided by this act shall be required before such a court proceeding. If a water management district, by three-fourths vote of its governing body, finds that an immediate danger to the natural resources, water resources, and wildlife requires immediate declaratory relief, or that significant legal rights will be compromised if a court proceeding does not take place before the provisions of this act are complied with, no notice or public meeting or other proceeding as provided by this act shall be required before such a court proceeding. However, the court, upon motion, may review the justification for failure to comply with the provisions of this act and make a determination as to whether the provisions of this act should be complied with prior to action by the court. If the court determines that the provisions of this act should be complied with prior to court action and that following the provisions of this act will not result in the compromise of significant legal rights, the court shall abate the suit until the provisions of this act are complied with. History.-s. 4, ch. 99-279. 164.1051 Scope.—It is not the intent of this act to limit the conflicts that may be considered under this act, except that any administrative proceeding pursuant to chapter 120 shall not be subject to this act. Pursuant to s. 164.1041, this act shall apply, at a minimum, to governmental conflicts arising from any of the following issues or processes, including, but not limited to, (1) Any issue relating to local comprehensive plans or plan amendments prepared pursuant to part II of chapter 163, including, but not limited to, conflicts involving levels of service for public facilities and natural resource protection. (2) Municipal annexation. (3) Service provision areas. (4) Allocation of resources, including water, land, or other natural resources. (5) Siting of hazardous waste facilities, land fills, garbage collection facilities, silt disposal sites, or any other locally unwanted land uses. (6) Governmental entity permitting processes. (7) Siting of elementary and secondary schools. History.--s. 5, ch. 99-279. 164.1052 Initiation of conflict resolution procedure; duty to give notice.— (1) The governing body of a governmental entity shall initiate the conflict resolution procedures provided by this act through passage of a resolution by its members. The resolution shall state that it is the intention of the governing body to initiate the conflict resolution procedures provided by this act prior to initiating court proceedings or prosecuting action on a previously filed court proceeding to resolve the conflict and shall specify the issues of conflict and the governmental entity or entities with which the governing body has a conflict. Within 5 days after the passage of the resolution, a letter and a certified copy of the resolution shall be provided to the chief administrator of the governmental entity or entities with which the governing body has a conflict by certified mail, return receipt requested. The letter shall state, at a minimum, the conflict, other governmental entities in conflict with the initiating http://www.leg.state.fI.us/STATUTE S/index.cfn?App_mode=Display_Statut... 4/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 6 governmental entity, the justification for initiating the conflict resolution process, the proposed date and location for the conflict assessment meeting to be held pursuant to s. 164.1053, and suggestions regarding the officials who should be present at the conflict assessment meeting. The initiating governmental entity also shall mail a copy of the letter and resolution to any state, regional, or local governmental entities which, in the determination of the initiating governmental entity, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the resolution of the conflict, and any other governmental entity deemed appropriate by the initiating governmental entity. (2) Within 10 days after receiving a copy of a certified letter noticing the initiation of the conflict resolution procedure, other governmental entities receiving the notice may elect to participate in the conflict resolution process, but are not entitled by virtue of that participation to control the timing or progress of the conflict resolution process, which at all times shall remain in the discretion of the primary conflicting governmental entities. However, a governmental entity which receives notice of a conflict may, by passage of its own resolution and by otherwise following the procedures set forth in subsection (1), join the conflict resolution process as a primary conflicting governmental entity. The intent of a governmental entity to join in the conflict resolution process shall be communicated to the initiating governmental entity by certified mail. The joining governmental entity also shall mail a copy of the letter to any state, regional, or local governmental entities which, in the determination of the joining governmental entity, may have a role in approving or implementing a particular element or aspect of any settlement of the conflict or whose substantial interests may be affected by the resolution of the conflict, and any other governmental entity deemed appropriate by the joining governmental entity. (3) For purposes of this act, the date of initiation of the conflict resolution procedure shall be the date of the passage of a resolution by a governmental entity. History.—s, 6, ch. 99.279. 164.1053 Conflict assessment phase.— (1) After the initiation of the conflict resolution procedure, and after proper notice by certified letter has been given, a conflict assessment meeting shall occur. The meeting shall be scheduled to occur within 30 days of the receipt of the letter initiating the conflict resolution procedure. Public notice shall be given for this meeting in accordance with s. 164.1031(7). The conflict assessment meeting shall be scheduled to allow the attendance by the appropriate personnel from each primary conflicting governmental entity. The chief administrator, or his or her designee, for each governmental entity that is a primary conflicting governmental entity in the conflict resolution procedure shall be present at this meeting. If the entities in conflict agree, the assistance of a facilitator may be enlisted for the conflict assessment meeting. During the conflict assessment meeting, the governmental entities shall discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. (2) If a tentative resolution to the conflict can be agreed upon by the representatives of the primary conflicting governmental entities at the conflict assessment meeting, the primary conflicting governmental entities may proceed with whatever steps they deem appropriate to fully resolve the conflict, including, but not limited to, the scheduling of additional meetings for informal negotiations or proposing a resolution to the governing bodies of the primary conflicting governmental entities. (3) In the event that no tentative resolution can be agreed upon, the primary conflicting governmental entities shall schedule a joint public meeting as described in s. 164.1055, which meeting http://www.leg.state.fl.us/STATUTES/index.cfin?App mode=Display Statut... 4/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 6 shall occur within 50 days of the receipt of the first letter initiating the conflict resolution process from the initiating governmental entity. (4) After the conclusion of the conflict assessment meeting, any primary conflicting governmental entity may request mediation as provided in s. 164.1055(2). History.—s. 7, ch. 99-279. 964.1055 Joint public meeting.— (1) Failure to resolve a conflict after following authorized procedures as specified in s. 164.1053 shall require the scheduling of a joint public meeting between the primary conflicting governmental entities. The governmental entity first initiating the conflict resolution process shall have the responsibility to schedule the joint public meeting and arrange a location. If the entities in conflict agree, the assistance of a facilitator may be enlisted to assist them in conducting the meeting. In this meeting, the governing bodies of the primary conflicting governmental entities shall: (a) Consider the statement of issues prepared in the conflict assessment phase. (b) Seek an agreement. (c) Schedule additional meetings of the entities in conflict, or of their designees, to continue to seek resolution of the conflict. (2) If no agreement is reached, the primary conflicting governmental entities shall participate in mediation, the costs of which shall be equally divided between the primary conflicting governmental entities. The primary conflicting governmental entities shall endeavor in good faith to select a mutually acceptable mediator. If the primary conflicting governmental entities are unable to mutually agree on a mediator within 14 days after the joint public meeting, the primary conflicting governmental entities shall arrange for a mediator to be selected or recommended by an independent conflict resolution organization, such as the Florida Conflict Resolution Consortium, and shall agree to accept the recommendation of that independent organization, or shall agree upon an alternate method for selection of a mediator, within 7 business days after the close of that 14-day period. Upon the selection of a mediator, the conflicting governmental entities shall schedule mediation to occur within 14 days, and shall issue a written agreement on the issues in conflict within 10 days of the conclusion of the mediation proceeding. The written agreement shall not be admissible in any court proceeding concerning the conflict, except for proceedings to award attorney's fees under s. 164.1058, where the agreement may be used to demonstrate an entity's refusal to participate in the process in good faith. History.--s. 8, ch. 99-279. 164.1056 Final resolution.—If there is failure to resolve a conflict between governmental entities through the procedures provided by ss. 164.1053 and 164.1055, the entities participating in the dispute resolution process may avail themselves of any otherwise available legal rights. History.—s. 9, ch. 99-279. 164.1057 Execution of resolution of conflict.--Resolution of a conflict at any phase shall require passage of an ordinance, resolution, or interlocal agreement that reflects the terms or conditions of the resolution to the conflict. History.—s. 10, ch. 99-279. 164.1058 Penalty.—If a primary conflicting governmental entity fails to participate in good faith in the conflict assessment meeting, mediation, or other remedies provided for in this act, the primary disputing governmental entity that failed to participate in good faith shall be required to pay the attorney's fees and costs in that proceeding of the prevailing primary conflicting governmental entity. http://www.l eg.state.tl.us/STATUTES/index.cfin?App_mode=Display_Statut... 4/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 6 History.—s. 4, ch. 87-346; s. 11, ch. 99.279; s. 7, ch. 2006-218. Note.--f=ormer s. 164.104. 164.1061 Time extensions.—Any of the time requirements set forth in this act may be extended to a date certain by mutual agreement, in writing, of the primary conflicting governmental entities. To the extent such agreement would cause any jurisdictional time requirements to run with regard to a particular claim, the agreement shall have the effect of extending any jurisdictional time requirements with regard to that claim for the period set forth in the agreement. History.—s. 12, ch. 99-279. 164.1065 Applicability of ch. 99-279.--This act shall take effect upon becoming a law, but shall not be construed to abrogate any otherwise applicable agreements or requirements of any contracts, interlocal agreements, or other written instruments which are in existence as of the effective date of this act. To the extent that any contractual or other agreement provisions in existence on the effective date of this act conflict with the provisions of this act, the provisions in the written agreement shall control. History.—s. 14, ch. 99-279. Copyright O 1995.2019 The Florida Legislature • Privacy statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfrn?App mode=Display Statut... 4/4/2019 Ellisa Horvath From:David M. Wolpin <DWolpin@wsh-law.com> Sent:Tuesday, April 9, 2019 10:49 AM To:Ronald J Wasson Cc:Ellisa Horvath; David M. Wolpin Subject:Supplemental Information for April 11, 2019 Workshop Item #3 Attachments:GT-B Gang Op-Millage Levy Referendum-12-2018.pdf Follow Up Flag:Follow up Flag Status:Flagged Hi Ron- good morning. Please include and distribute the attached December 12, 2018 letter of Greenberg Traurig ( the School Board’s Bond Counsel), as supplemental material for Item # 3 on the Commission Workshop. I received a copy the letter from School Board Attorney Luis Garcia . Thank you. David Wolpin Member 200 East Broward Blvd., Suite 1900 | Fort Lauderdale, FL 33301 P: (954) 763-4242 F: (954) 764-7770 wsh-law.com | vCard THINK BEFORE YOU PRINT This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (954) 763-4242 or by return e-mail and delete the message, along with any attachments. 1 Pursuant to the Fair Debt Collection Practices Act, this communication is from a debt collector. Any information obtained will be used for the purpose of collecting a debt. 2