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05-16-2019 Regular Workshop Agenda The City ®f CityCommission venturaAi Workshop Meeting May 16, 2019 9 A.M. " Executive Conference Room 19200 West Country Club Drive Aventura,FL 33180 AGENDA 1. Call to Order/Roll Call 2. Discussion of 2020 Census Complete Count Committee (City Manager)* 3. Overview of the Medical Office North District (City Manager)" 4. Discussion of Proposed Articles of Incorporation for the Creation of the Don Soffer Aventura High School Foundation, Inc. (City Attorney)* Future Action Required: Resolution 5. Update on Matter of the Equitable Distribution of Revenue from Miami-Dade County School Board's November 6, 2018 Tax Referendum (City Attorney)* Future Action Required: Resolution 6. Discussion of Vacancy on Police Pension Board (City Manager)* Future Action Required: Resolution 7. 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 COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission ROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICPi Community Development Director DATE: May 8, 2019 SUBJECT: 2020 Census Complete Count Committee May 16, 2019 City Commission Workshop BACKGROUND April 1, 2020 is Census Day. The Census is a mandated headcount every 10 years of everyone residing in the fifty states, Puerto Rico and Island Areas of the United States. The population totals from the census determine the number of seats each state has in the House of Representatives. It is also used to redraw legislative and school districts and affects the amount of state and federal funding distributed to communities. City staff has completed a Local Update of Census Addresses (LUCA) in cooperation with the Census Bureau to ensure that all new addresses in our City have been added to the Census data. PROPOSED COMPLETE COUNT COMMITTEE TO PROMOTE CITY-WIDE PARTICIPATION IN THE CENSUS In preparation for the 2020 Census, staff proposes to use a Complete Count Committee to design and deliver a promotional program. This committee was used for the 2000 and 2010 Census. It was effective in promoting and publicizing the importance of the census and motivating residents to complete the census form. For the 2010 Census, staff invited a participant from each of the 73 residential communities. Twenty-four of the communities appointed a committee member. Staff from the City's Community Development Department and Information Technology Department also participated as committee members. It is recommended that the attached application form be posted on the City's website and sent to each residential community with an application deadline of September 6 so that the Complete Count Committee can be confirmed at the September 2019 City Commission workshop meeting. The members will serve on the committee from October 2019 to June of 2020. During that time, the committee will meet once per month to discuss design and delivery of Census information. After Census day, the committee will assist Census workers to contact buildings with missing counts. The Census Bureau provides the brand guidelines for promotional material and has sample formatted fact sheets, power point presentations, trifold brochures, newsletters, posters and drop-in articles that are customizable for the City. Previous Census Participation Promotion The promotional program for the 2010 Census began at Founder's Day in November, 2009. The Complete Count Committee staffed an information booth to answer questions and provide brochures and other promotional items. Although the Complete Count Committee will design and deliver the promotional program, the following are some of the actions that can be considered based on success in previous years: Emphasize the importance of completing the Census form Emphasize the Census Bureau's commitment and legal requirement for confidentiality of census information Arrange for delivery of Census posters, table-top brochures or pamphlets for distribution to all residential communities Contact each large commercial plaza to determine if their tenants would be willing to have material available at their store. The Aventura Mall had an information booth during the 2010 Census and can be contacted to arrange this public service again Work with our school principals for activities such as Census essay and poster contests and take-home Census information Attend speaking engagements as requested by community or business groups Post window wraps announcing the Census on each of the City's Aventura Express busses Provide information pamphlets or brochures on all City busses Post Census information on the City's social media. Notifications can be made through the "My Aventura" email system. 2 Dov CITY OF AVENTLIRA Application for 1:1 \\\ t5' Census 2020 Complete Count Committee cel j 50- Applicants must be residents of and/or have a place of business in the City of Aventura. Potential Committee members should have experience with outreach/advertising campaigns and have a strong commitment to motivate City residents to participate in the Census. Committee members are expected to meet once per month from October 2019 to June 2020. Name of Applicant Address Phone Email Business Name Occupation Business Address Business Phone Fax Qualifications: Briefly describe the specific expertise and/or abilities you can contribute as a member of this Committee. If available, please attach a resume along with your application. (Optional) I understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. I understand that this committee appointment is for voluntary, uncompensated services and I will be subject to the applicable Standards of Conduct for Public Officers as set forth by Federal, State, County, City, or other applicable law pursuant to City Charter Section 7.03. Signature of Applicant Date Email, mail or fax completed application & resume to: City of Aventura Office of the City Manager 19200 West Country Club Drive, Aventura, FL 33180 305-466-8910 Fax: 305-466-8919 rwasson@cityofaventura.com • CITY OF AVENTURA CITY ATTORNEY'S OFFICE MEMORANDUM TO: City Commission FROM: David M. Wolpin City Attorney's Office DATE: May 2, 2019 SUBJECT: Proposed Articles of Incorporation for the Creation of the Don Soffer Aventura High School Foundation, Inc. (the "High School Foundation") May 16, 2019 City Commission Workshop I. RECOMMENDATION In order to facilitate community-wide fund raising efforts for the Don Soffer Aventura Charter High School which is scheduled to commence operations in August, 2019, it is recommended that the City create the High School Foundation as a not for profit corporation which may seek and receive donations for the improvement and operation of the High School as a municipal charter school of the City of Aventura. The attached proposed Articles of Incorporation are provided in draft form for review and approval of the City Commission. II. BACKGROUND At the April Workshop, the Commission requested that the matter of the establishment of a non- profit entity for the receipt of donations for the High School be submitted for consideration by the City Commission. Accordingly, we have drafted the proposed Articles of Incorporation which establish the structure, composition and purpose of the proposed non- profit entity. Although a person may generally make tax deductible donations to a city, the use of a separate non- profit entity may further enhance the opportunity for beneficial donations. Please advise of any questions. Respectfully, David M. Wolpin City Attorney's Office ARTICLES OF INCORPORATION OF DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. The undersigned incorporator, desiring to form a not-for-profit corporation under the provisions of Chapter 617 of the laws of the State of Florida, does hereby establish the following Articles of Incorporation (the"Articles"): ARTICLE 1 Name and Principal Address The name of this corporation shall be DON SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. (the "Corporation"), and its principal office is located at cio Mr. Ronald J. Wasson, City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180. ARTICLE II Seal and Corporate Nature The seal of this Corporation shall contain the words "Don Soffer Aventura High School Foundation, Inc., a corporation not-for-profit" This is a Florida non-profit corporation pursuant to Chapter 617, Florida Statutes, the Florida Not For Profit Corporation Act,as amended. ARTICLE III Term and Commencement The Corporation shall have perpetual existence unless dissolved in accordance with these Articles and applicable law. Corporate existence shall commence with the filing of these Articles with the Secretary of State of Florida. ARTICLE IV Purpose This Corporation is organized and shall operate exclusively for educational, cultural and charitable purposes as evidenced by conducting or supporting activities for the benefit of or to carry out the purposes of the Don Soffer Aventura High School Foundation, Inc., but limited in all events to exempt purposes described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and this Corporation may engage in only such activities permitted under the laws of the State of Florida and the United States of America as shall constitute activities in furtherance of such exempt purposes. The Corporation is a non-profit corporation organized to provide a broad source of community support for the Don Soffer Aventura High School (the "High School "), a municipal charter school which is owned by the City of Aventura, Florida (" City"). No part of the assets or the net earnings of the Corporation shall be distributed to any officer, director, member or any private person. ARTICLE V Functions, Powers and Restrictions 5.1. Functions: It is expected that the Corporation will provide fundraising activities for the High School. The site on which the High School is located and the High School itself will be owned by the City. The Corporation shall be responsible for raising funds for various purposes of the High School , including High School operations, capital improvements and technological and safety enhancements, and those other duties as may be established from time to time by the City Commission. 5.2. Powers: The Corporation may exercise all powers granted to a not-for-profit corporation under the laws of the State of Florida. These powers include,but are not limited to: a. To use the proceeds of donations, grants or other funding in the exercise of its powers and purposes; and b. To do any and all lawful acts and things which may be necessary, useful or proper for the furtherance or attainment of all of the purposes or powers of the Corporation; provided, however, that the Corporation may not exercise any power in such a manner as would disqualify the Corporation for exemption from income tax under Section 501(c)(3) of the Internal Revenue Code, as amended, or the corresponding provision of any future United States Internal Revenue Law. 5.3. Restrictions: Notwithstanding any other provisions of these Articles of Incorporation or the Bylaws of the Corporation,the Corporation shall be restricted as follows: a. No part of the net earnings of the Corporation shall inure to the benefit of any director, officer or other associate or representative of the Corporation or any private individual (except that reasonable compensation may be paid for services rendered to or for the Corporation in effecting one or more of its purposes), and no director, officer or private individual shall be entitled to share the distribution of the Corporation's assets upon dissolution of the Corporation; 2 b. The Corporation shall not carry on any other activities not permitted to be undertaken by: (i) a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as amended, or the corresponding provisions of any future United States Internal Revenue Law, or (ii) a corporation to which contributions are deductible under Section 170(c)(2) of the Internal Revenue Code, as amended, or the corresponding provisions of any future United States Internal Revenue Law; c. The Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation; and d. The Corporation shall not be operated for profit. ARTICLE VI Board of Directors The Board of Directors is responsible for the direction and control of all matters pertaining to the Corporation. In addition to the fundraising activities, the Board of Directors may have an advisory role as to the grant of naming rights at the High School pursuant to procedures and duties established from time to time by the City Commission of the City ("City Commission"), and subject to compliance with Agreements entered into by the City. 6.1. Members of Board of Directors: The affairs of the Corporation shall be managed by the Board of Directors , consisting of five (5) persons, all of whom shall serve without compensation. A majority of the Directors must be residents of the City. 6.2. Election and Terms of Directors: The number of Directors shall be fixed at each annual meeting but shall not be reduced in such manner as to affect the existing term of any Director and may be increased as described herein. The number so fixed may be increased or decreased (subject to approval of the City Commission) within the limits specified in Section 6.1 at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for that purpose. 6.3. Appointment of Directors: Subject to the provisions contained herein, the City Commission shall initially nominate five (5) members of the Board of Directors . All appointments shall be made by the Mayor, subject to approval by the City Commission. 6.4. Qualifications of Directors 3 It is essential goal of the Corporation that at least Million Dollars ($ be raised or pledged for the High School. As such, the members of the Board of Directors are encouraged to devote time, professional knowledge, personal influence, personal resources and/or a combination thereof to attain the goals of the Corporation and shall be selected by reason of their abilities to do the following: a. To provide and secure financial support for the activities of the Corporation. The skills and/or resources of the Directors are vital to the financial well-being of the Corporation. Also, Directors, because they have great standing in the community, may greatly influence individuals, corporations, foundations and government agencies to provide financial support. b. To volunteer their specialized business expertise, advice and guidance to working committees when needed. c. To spearhead and to reinforce all community and public relations work of the Corporation. 6.5. Term of Directors: Each of the Directors shall serve for a term of one (1) year. All Directors shall be permitted to serve an unlimited number of terms. The Chair Person and Vice Chair Person shall be permitted to serve one full term in such capacity. 6.6. Filling of Vacancies: Upon the occurrence of any vacancies of a Director, the City's Mayor, with the affirmative vote of the City Commission, shall designate a replacement to fill such vacancy. Each person selected to fill such vacancy shall hold office for the unexpired term of his/her predecessor in office. 6.7. Resignations: Any Director may resign from his/her office at any time by delivering his/her resignation in writing to the Chair Person and Vice Chair Person of the Corporation, and the acceptance of such resignation, unless required by the terms thereof, shall not be necessary to make such resignation effective. 6.8. Removal of Directors: 4 Any Director may be removed by the affirmative vote of the City Commission, provided such Director has been given prior notice that the subject of his/her removal will be presented to the City Commission at a duly noticed meeting. ARTICLE VII Meetings of Board of Directors 7.1. Meetings of Board of Directors: Every meeting of persons who are Directors of the Corporation at which there is a quorum shall be a meeting of the Board of Directors, and except as otherwise provided herein, any action taken at such meeting shall be the action of the Board of Directors in so far as such action is authorized by law. 7.2. Minutes: Action taken at meetings of the Board of Directors shall be recorded in minutes. Such minutes need not distinguish between the different types of meetings in which action is taken. 7.3. Annual Meeting, Other Meetings: The Annual Meeting for the election of officers and for the transaction of such other business as may properly come before the Directors shall be held on such day in the month of September or October in each year at such time and place as the Board of Directors shall determine and specify in the notice of meeting. The Board of Directors shall meet on a monthly basis or as often as necessary to attend to the business of the Corporation. 7.4. Regular Meetings: Regular meetings, at which any action taken shall be action only of the Board of Directors, shall be held on such days, times, and places as the Board of Directors shall determine. 7.5. Special Meetings: Special meetings shall be called at any time by the Secretary, upon the request of the Chair Person or upon the written demand, of any three Directors. 7.6. Time and Place of Meetings: All meetings shall be held at such time and place within the City as may from time to 5 time be fixed by the Board of Directors or, in the case of regular meetings, as may be fixed by the Chair Person or the Secretary and, in the case of annual meetings and special meetings, as may be designated in the respective notices or waivers of notice thereof. 7.7. Waiver of Notice: No notice of the time, place or purpose of any meeting of the Corporation or of any meeting of the Board of Directors, or any publication thereof, whether prescribed by law, or by these Articles of Incorporation, need be given to any person who attends such meeting, or who, in writing, executed either before or after the holding thereof, waives such notice and such attendance or waiver shall be deemed equivalent to notice. 7.8. Quorum and Voting: A majority of the Directors shall constitute a quorum for the transaction of business by the Directors, and whenever any corporate action is to be taken by vote of the Directors, it shall, except as otherwise required herein or by law, be authorized by a majority of the votes cast at a meeting of Directors. Except as otherwise provided by law or by these Articles of Incorporation, the affirmative vote of at least three (3) Directors shall be the act of the Board, and in the absence of a quorum, the Board shall take an adjournment until a quorum shall be present. Subject to compliance with the provisions of the Florida Government in the Sunshine Law which would apply to a government agency, any one or more Directors may participate in a meeting of the Board by means of conference telephone or similar communications equipment allowing all persons participating in a meeting to hear each other at the same time. 7.9. Presumption of Assent: No Director may abstain from voting except for an asserted conflict of interest, which must be stated on the record. A Director who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he/she votes against such action or abstains from voting because of an asserted conflict of interest. 7.10. Attendance Requirements: The Secretary shall maintain a record of attendance of the Directors at the regularly scheduled Board meetings. At any time the Secretary finds that a Director has failed to attend three (3) consecutive regularly scheduled meetings or half of all regular meetings in a twelve- month period (a Director shall be deemed absent for this purpose if he or she is not present for at least three-quarters of the meeting), the Secretary shall so advise the Chair Person and the Board. The Directors (other than the member reported for such failure to attend meetings) may remove such non-attending member from the Board by the affirmative vote of a majority of all such 6 Directors other than the non-attending member. 7.11. Financial Disclosure: Directors shall file the same Florida Financial Disclosure Statements required of municipal officers. 7.12. The Sunshine Law: The Board of Directors shall comply with Florida Government in the Sunshine Law in the conduct of all its meetings to the same extent as if it were an elected body. 7.13. Public Records Act: The Corporation shall comply with Florida Public Records Act as if it were a governmental agency. ARTICLE VIII Election of Officers 8.1. Election of Officers: At the first meeting and at each annual meeting of the Board of Directors, the Board of Directors shall elect a Chair Person, Vice Chair Person, Secretary and a Treasurer, all of whom shall be Directors. The Board may also appoint one or more Assistant Secretaries and Assistant Treasurers, who need not be Directors. Officers of the Corporation shall serve without compensation. An Officer which has been bestowed an office by the Board may be removed from office by the affirmative vote of the Board, provided such Officer has been given the right to a hearing prior to his/her removal from office. 8.2. Duties of Officers: a. Chair Person: The Chair Person shall preside at all meetings of members of the Board of Directors. The Chair Person shall have such other duties as may be fixed by the Board of Directors. b. Vice Chair Person : The Vice Chair shall have such duties as may be fixed by the Board of Directors. In the Chair's absence, the Vice Chair Person shall preside at meetings of members of the Board of Directors. 7 c. Secretary: The Secretary shall keep a record in permanent form of all meetings of the Board and shall send out notices of all meetings of the Board of Directors. In the Chair Person and Vice Chair Person's absence,the Secretary shall preside at meetings of members of the Board of Directors. d. Treasurer: The Treasurer shall have the responsibility for the custody and investment of all funds and assets of the Corporation and shall hold and disburse them in accordance with the instructions of the Board of Directors. Handling of funds shall be subject to fiscal controls required by the City Manager. The Treasurer shall insure that all monies belonging to the Corporation are deposited in such banks as the City Commission shall designate, said monies to be deposited to the account of the Don Soffer Aventura High School Foundation, Inc. The Treasurer shall insure that true books of accounts are kept and shall make such reports as are required by the Board or the Chair Person. Said books shall at all times be open to inspection by any of the Directors. The Treasurer shall be bonded. The Treasurer shall serve as Chair Person of the Finance Committee, if any. In the event of the Chair Person, Vice Chair Person and Secretary's absence, the Treasurer shall preside at meetings of members of the Board of Directors. ARTICLE IX Miscellaneous Provisions 9.1. Staff Functions: Staff shall perform the day-to-day operations of the Corporation and such duties and personnel shall be pursuant to a plan provided by the City Manager and approved by the City Commission. 9.2. Startup Costs: The City shall initially grant to the Corporation an amount not to exceed Ten Thousand and No/100 Dollars ($10,000.00)to be used for the initial startup costs of the Corporation. 9.3. Execution of Corporate Instruments: The Board of Directors may designate the officers and agents who shall have authority to execute any instrument on behalf of the Corporation. When the execution of any contract, conveyance or other instrument arises in the ordinary course of the Corporations activities, or has 8 been authorized without specification of the executing officers, any two of the officers may execute the same in the name and behalf of the Corporation and may affix the corporate seal thereto. No person holding more than one office shall execute, acknowledge or verify an instrument in more than one capacity. 9.4. Depositories: All monies, securities and other valuables of the Corporation shall be deposited in the name of the Corporation in such banks, trust companies, or corporate safe deposit vaults as the City Manager from time to time shall designate for such purposes, and shall be withdrawable only by check or orders signed by the personal signature of such officers or agents as may be designated from time to time by the City Manager and the Treasurer of the Corporation. At least two signatures shall be required on all such checks or orders. 9.5. Indemnification of Officers and Directors: Each person who acts as a Director or Officer of the Corporation shall be indemnified by the Corporation against any costs and expenses which may be imposed upon or reasonably incurred by him/her in connection with any action, suit or proceeding in which he/she may be named as a party defendant by reason of his/her being or having been such Director or Officer, or by reason of any action alleged to have been taken or omitted by him/her in either such capacity; provided however, that the Corporation shall not indemnify any such person against any costs or expenses imposed upon or incurred by him/her in relation to matters as to which he/she shall be finally adjudged to be liable to the Corporation for negligence, misconduct or any other cause, or for any sum paid by him to the Corporation in settlement of an action, suit or proceeding based on his/her alleged dereliction of duty. This right of indemnification shall inure to each Director and Officer whether or not he/she is such Director or Officer at the time such costs or expenses are imposed or incurred, and whether or not the claim asserted against him/her is based on matters which antedate the adoption of these Articles of Incorporation; and in the event of his/her death shall extend to his/her legal representatives. Each person who shall act as Director or Officer shall he deemed to be doing so in reliance upon such right of indemnification; and such right shall not be exclusive of any other right which he/she may have. The Corporation shall have power to purchase and maintain insurance to indemnify the Corporation and its Directors and Officers to the full extent such insurance is permitted by law. 9.6. Parliamentary Authority: Roberts Rules of Order Revised shall govern the proceedings of the Corporation, including its Board and Committees, to the extent applicable and consistent with these Articles of Incorporation and any Bylaws. 9.7. Corporate Records: 9 Corporate records shall be available for open review according to federal and state regulations. Such records shall be located in Aventura and shall remain in the custody of the Secretary of the Board. The location of the records shall be specified to the City Clerk and the City Clerk shall be provided access to the records at all times. 9.8. Fiscal Year: The fiscal year of the Corporation shall be October 1 through September 30 of each year. 9.9. No Discrimination The Corporation shall not adopt any measure or policy or otherwise discriminate against any person due to race, religion, color, national origin, physical or mental disability, creed, sexual preference or sex. ARTICLE X Amendment Of Articles Of Incorporation Subject to the approval of the City Commission, the Articles of Incorporation of this Corporation may, in any particular, be repealed, and new Articles of Incorporation, not inconsistent with any provision of law, may be adopted, by the affirmative vote of two-thirds of the Directors, provided, however, that the Directors shall neither make nor alter any article regarding their qualifications, classifications, or term of office, nor relating to the requirements of a quorum for any meeting of the members of the Corporation, and that at least ten (10) days notice of such proposed amendment shall have been furnished to all of the Directors. Any proposed amendment(s) must be approved by a majority of the City Commission before becoming effective. ARTICLE XI Dissolution Upon dissolution, all of the Corporation's assets remaining after payment of all costs and expenses of such dissolution shall be distributed to the City Commission for use for the High School. Thereafter, the City Commission shall distribute the assets to the donors pursuant to a formula set forth by the City Commission if the High School is no longer operating. All unexpended funds given by donations shall be subject to all costs and expenses for the operations of the Corporation. The City Commission may provide for dissolution of the Corporation. ARTICLE XII Headings and Captions 10 The headings or captions of the various articles contained herein are inserted for convenience only and none shall have any force or effect, and the interpretation of the various articles shall not be influenced by any of said headings or captions. ARTICLE XIII Initial Registered Office and Registered Agent The street address of the initial registered office of the Corporation shall be c/o Ronald J. Wasson, 19200 West Country Club Drive, Aventura, Florida 33180, and the initial registered agent of this Corporation at such office shall be Mr. Ronald J. Wasson, who upon accepting this designation agrees to comply with the provisions of Sections 48.091, 617.0203, 607.0501 and 607.0502, Florida Statutes, as amended from time to time, with respect to keeping an office open for service of process. ARTICLE XIV Incorporator The name and address of the incorporator of the Corporation is as follows: Mr. Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 IN WITNESS WHEREOF, I, the undersigned incorporator, have executed these Articles of Incorporation this day of ,2019. RONALD J. WASSON STATE OF FLORIDA COUNTY OF MIAMI-DADE Before me, the undersigned authority, personally appeared RONALD J. WASSON, to me known to be the person who executed the foregoing Articles of Incorporation, and he acknowledged before me that he executed the same for the purposes therein mentioned and set forth. He [X] is 11 personally known to me or [ ] provided as identification. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 2019. Signature of Notary Name of Notary: My Commission Expires: (NOTARY SEAL) 12 CERTIFICATE DESIGNATING PLACE OF BUSINESS FOR THE SERVICE OF PROCESS WITHIN FLORIDA AND AGENT UPON WHOM PROCESS MAY BE SERVED In compliance with Sections 48.091 and 617.0502, Florida Statutes, the following is submitted: Don Soffer Aventura High School Foundation, Inc., (the "Corporation"), desiring to organize as a Florida corporation not-for-profit, has named and designated Ronald J. Wasson, City Manager of the City of Aventura, as its Registered Agent to accept service of process within the State of Florida with its registered office located at 19200 West Country Club Drive, Aventura, Florida 33180. ACKNOWLEDGMENT Having been named as Registered Agent for the Corporation at the place designated in this Certificate, I hereby agree to act in this capacity; and I am familiar with and accept the obligations of Section 617.0503,Florida Statutes, as the same may apply to the Corporation; and I further agree to comply with the provisions of Section 48.091, Florida Statutes, and all other statutes, all as the same apply to the Corporation relating to the proper and complete performance of my duties as Registered Agent. Dated this day of ,2019. REGISTERED AGENT: RONALD J. WASSON 13 CITY OF AVENTURA MEMORANDUM TO: Mayor and City Commission FROM: David M. Wolpin, City Attorney's Office DATE: May 8, 2019 SUBJECT: Update on Matter of the Equitable Distribution of Revenue from Miami- Dade County School Board's (the "School Board's")November 6, 2018 Tax Referendum(the " Referendum Revenue") May 16, 2019 City Commission Workshop Item '7 Recommendation It is recommended that the City Commission consider the results of the recently concluded session of the Florida Legislature in connection with the City's request for an equitable distribution of Referendum Revenue from the School Board for the City's Charter Schools. This matter was considered by the Commission at the April 11, 2019 Workshop, while the Legislature was still in session. Documents from that prior workshop meeting item are attached hereto. Background You will recall that both 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 for public schools, 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. As you know, by letter of February 7, 2019, the School Board (via the Superintendent) responded to the City's letters, and denied the City's request. At the Legislature's session which concluded on Saturday, May 4, 2019, the Legislature failed to adopt a measure to expressly provide the City's municipal charter schools , as public schools, with access to the Referendum Revenue from the November 6, 2018 Referendum. Instead, the Legislature adopted an amendment to Section 1011.71, F.S., which provides for the equitable sharing of tax referendum revenue with charter schools only for a referendum, which is first held and approved by the voters on or after July 1, 2019. Please see Section 17 of CS/HB 7123 (a copy of an excerpt of that legislation is attached) which specifies the July 1, 2019 date. 1 Since the results of the legislative process are now known ( subject to action of the Governor) , additional options may be considered, if desired. As pointed out at the April 11, 2019 Workshop meeting, it should be noted that Chapter 164, 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 provided as Exhibit "J" of the April 11, Workshop materials. The first step in that statutory dispute resolution process would be the adoption of a Resolution by the City Commission to initiate that process. If you have any questions, please feel free to contact me. Respectfully, David M. Wolpin City Attorney's Office Copy: Ronald J. Wasson, City Manager Ellisa L. Horvath City Clerk 2 FLORIDA HOUSE OF REPWESENTATIVES - - ENROLLED CSME7123, Engrossed 2 2019 Legislzture 7 1 2 An act relating to taxation; amending s. 28.241, F.S. ; 3 requiring that all of the proceeds from filing fees 4 for trial and appellate proceedings be deposited into 5 the State Courts Revenue Trust Fund; creating s. 6 193.4517, F.S. ; defining terms; providing a tangible 7 personal property assessment limitation, during a 8 certain timeframe and in certain counties, for certain 9 agricultural equipment rendered unable to be used due 10 to Hurricane Michael; specifying conditions for 11 applying for and receiving the assessment limitation; 12 providing procedures for petitioning the value 13 adjustment board if an application is denied; 14 providing retroactive application; amending s. 15 195. 096, F.S. ; specifying a requirement for the 16 Department 'of Revenue in reviewing assessment rolls in • 17 certain counties in assessment years following a 18 naturaldisaster; authorizing the department to use .. 19 the best information available to estimate levels of 20 assessment; providing applicability and retroactive 21 operation; amending s. 201 .02, F.S. ; removing a 22 limitation on the transfer of homestead property deeds 23 between spouses that are exempt from documentary stamp 24 tax; amending s. 212.031, F.S. ; reducing tax rates on 25 rental or licensee fees for the use of real property; Page 1 of 32 COOING:Words staskea are deletions;words underlined are addltbns. hb7123-04-er 0 FLORIDA HOUSE O F REPRESENTATIVES ENROLLED CSIHB7123, Engrossed 2 2019 Legislature 426 Section 15 . Paragraph (a) of subsection (6) of section 427 337.401, Florida Statutes, is amended to read: 428 337 .401 Use of right-of-way for utilities subject to 429 regulation; permit; fees.- 430 (6) (a) As used in this subsection, the following 431 definitions apply: 432 l .a. A "pass-through provider" is any person who places or 433 maintains a communications facility in the roads or rights-of- 434 way of a municipality or county that levies a tax pursuant to 435 chapter 202 and who does not remit taxes imposed by that 436 municipality or county pursuant to chapter 202. 437 b. Notwithstanding sub-subparagraph a. , a person who does 438 not remit taxes imposed by a municipality or county pursuant to 439 chapter 202, but pursuant to s. 202. 16 (2) sells communications 440 services for resale to a person who sells such services at 441 retail or who integrates such services into communications 442 services sold at retail in that municipality or county and who 443 remits taxes imposed by that municipality or county pursuant to 444 chapter 202, is not a pass-through provider. 445 2 . A "communications facility" is a facility that may be 446 used to provide communications services. Multiple cables, 447 conduits, strands, or fibers located within the same conduit 448 shall be considered one communications facility for purposes of 449 this subsection. 950 Section 16. Subsection (9) of section 1011.71, Florida Page 18 of 32 CODING:Words sbickee are deletions;words underlined are additions. hb7123-04-er FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CS/H87123, Engrossed 2 2019 Legislature 451 Statutes, is amended to read: 452 1011. 71 District school tax.- 453 (9) In addition to the maximum millage levied under this 454 section and the General Appropriations Act, a school district 455 may levy, by local referendum or in a general election, 456 additional millage for school operational purposes up to an 457 amount that, when combined with nonvoted millage levied under 458 this section, does not exceed the 10-mill limit established in 459 s. 9(b) , Art. VII of the State Constitution. Any such levy shall 460 be for a maximum of 4 years and shall be counted as part of the 461 10-mill limit established in s. 9(b) , Art. VII of the State 462 Constitution. For the purpose of distributing taxes collected 463 pursuant to this subsection, the term "school operational 464 purposes" includes charter schools sponsored by a school 465 district. Millage elections conducted under the authority 466 granted pursuant to this section are subject to s. 1011.73. r 467 Funds generated by such additional millage do not become a part 468 of the calculation of the Florida Education Finance Program 469 total potential funds in 2001-2002 or any subsequent year and 470 must not be incorporated in the calculation of any hold-harmless 471 or other component of the Florida Education Finance Program '. 472 formula in any year. If an increase in required local effort, 473 when added to existing millage levied under the 10-mill limit, 474 would result in a combined millage in excess of the 10-mill 475 limit, any millage levied pursuant to this subsection shall be Page 19 of 32 CODING:Words stAckee are deletions;words undedined are additions, hb7123.04-er p FLORIDA HOUSE OF REPRESENTATIVES ENROLLED CSMB7123, Engrossed 2 2019 Legislature 476 considered to be required local effort to the extent that the 477 district millage would otherwise exceed the 10-mill limit. Funds 478 levied under this subsection shall be shared with charter 479 schools based on each charter school's proportionate share of 480 the district's total unweighted full-time equivalent student 481 enrollment and used in a manner consistent with the purposes of 462 the levy. The referendum must contain an explanation of the 483 distribution methodology consistent with the requirements of 484 this subsection. (-485 Section 17. The provisions of this act relating to s. 486 1011.71, Florida Statutes, amending the use of certain voted 487 discretionary operating millages levied by school districts, 488 apply to such levies authorized by a vote of the electors on or 489 after July 1, 2019. 490 Section 18. Disaster preparedness supplies; sales tax 491 holiday.- 492 (1) The tax levied under chapter 212, Florida Statutes, 493 may not be collected during the period from 12:01 a.m. on May 494 31, 2019, through 11:59 p.m. on June 6, 2019, on the sale of: 495 (a) A portable self-powered light source selling for $20 496 or less. 497 (b) A portable self-powered radio, two-way radio, or 498 weather-band radio selling for $50 or less. 499 (c) A tarpaulin or other flexible waterproof sheeting 500 selling for $50 or less. Page 20 of 32 CODING:Words skloken are deletions;words underlined are additions. Ø' er 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!tem 3 Recommendation It is 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 alter 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 bend-rt 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 at v. School Board ofIndia n River County, Case No.31.2016-CA-000431 (June 13,2017).A copy of 1 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 arc 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 legislative process unfolds. Once the results of the legislative process are known, additional options may be considered, if necessary. It should be noted that Chapter 164, 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. Respec ffutlyy �,l`.,�(J/ he David M. Wolpin City Attorney's Office Copy: Ronald J.Wasson,City Manager Ellisa L.Horvath City Clerk 2 mckkrtit _ . A Aventurai Government Center mss• CI fr 19200 West CountryClub Drive r'`•3. £"c Aventura, Florida 33180 ENID WEISMAN October 22, 2018 MAYOR COMMISSIONERS DENISE LANDMAN Ms. Perla Tabares Hantman DR.LINDA MARKS Chair of the Board GLADYS MEZRAHI MARC NAROTSKY Miami-Dade CNAHOLLEYMiami-Dade Count School Board ROBERT SHELLE DEBTSELLEY School Board Administration Building HOWARD WEINBERG 1450 N.E. 2nd Avenue, 7th Floor JOANNE CARR Miami, FL 33132 INTERIMCITY 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. PHONE: 305-466-8910 • FAX: 305-066.8919 www.cityofaventura.com 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 years 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, r Joanne Carr, AICP Interim City Manager Copy: Superintendent Alberto Carvalho Mayor Weisman and City Commission City Clerk City of firt ` l nventura. Government Center 19200 West Country Club Drive ef'el &Pr 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.2nd Avenue, 7t" 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, it was essential that access to such kinds 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.cityofaventuracom 446,4 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 CMO3073-19 PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventwa.com Miami-Dade County Public Schools giving our students the world Superintendent of Schools Miami Dade County School Board Alberto M.Carve/no Porte Taberes Hantman, Chair On.Martin Karp, Was Chair Dr DorothyBendross-M!ndingel February 7, 2019 Susie V Castillo Dr.Lawrence S.Feldman Mr. Ronald J. Wasson, City Manager or Steve carne r City of Aventura "GC'IY`J tubby Government Center Mad Tem Rolm 19200 West Country Club Drive FEB 1 4 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 he 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 Boort/Administration Building• 1450 N.E. 2nd Avenue•Miami, Florida 33132 305-995-1000•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, 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 Sunshinel // Page 1 of 3 Select Year: 2018 v Go The 2018 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.fl.us/STATUTES/index.Cfm?App_mode=Display_Statut... 2/4/2019 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). 0) 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 mills 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 mills, may levy up to 0.25 mills for fixed capital outlay In lieu of levying an equivalent amount of the discretionary mills for operations as provided in the General Appropriations Act. Millage levied pursuant to this subsection is subject to the provisions of s, 200.065 and, combined with the 1.5 mitis authorized in subsection (2), may not exceed 1.75 mills. If the district chooses to use up to 0.25 mills 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 mills 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 lease 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. httpi/www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statut.„ 2/4/2019 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 (b) Payment of the cost 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 to 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 shalt be certified, assessed, and collected as prescribed in s. 1011.04 and shall be expended as provided by law. (8) Nothing Ins. 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 nanvoted mitlage 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 to 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. 200644;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.2008313;ss. 12, 13,ch.2009-3; s.33,ch.2009-59;s. 129,ch.2010-5;s.30,ch.2010154;s. 36,ch.2011-55;s.98,ch.2012-5; s. 17,ch.2012-133;s.88,ch. 2014-39;s.28,ch. 2014-56;ss. 8,9,ch.2015422;ss.22,23, 126,ch.2016.62;s. 29,ch.2016-237;s.29,ch. 2017-116;s.32,ch.2018-6;s. 110,ch.2018.110;5. 53,ch.201B-118. 1Note.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.2018-10. eNote.-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. '(7) 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 1,7022? Copyright 0 1995-2019 The Florida Legislature• Privacy Statement•Contact Us http://www.leg.state.t1.us/STATUTES/index.cfm?App_mode=Display_Statut... 2/4/2019 , RESOLUTION 18-047 A RESOLUTION 01? THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA, CALLING FOR A REFERENDUM TO BE HELD ON NOVEMBER 6, 2018 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 IMPROVE COMPENSATION FOR HIGH QUALITY TEACHERS, INSTRUCTIONAL PERSONNEL, AND TO 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 2016-2017 academic year, the highest rate the District has achieved since the Florida Department.of 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 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 WHEREAS, the State categorical fielding 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 Mu 18ea792040 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 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: Section 1. Levy of Ad Valorem Taxes for Operating 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 Levy The 0.75 mill levy of ad valorem taxes for operating expenses shall commence July 1, 2019 and shall remain in full fords and effect for up to four- years ending June 30, 2023, unless repealed or reduced prior to that time by resolution of the ( School Board,which repeal or reduction may be effectuated without referendum. Section 3. Referendum The School Board hereby requests a referendum to be held throughout Miami-Dade County, Florida, on the second Tuesday after the fest Monday in November, which is November 6, 2018, for the purpose of submitting to the duly qualified electors of Miami-Dade County the questionor 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(i i)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 require: 2 NOTICE OF ELECTION TUESDAY,NOVEMBER 6,2018 IN MIAMI-DADE COUNTY,FLORIDA NOTICE IS HEREBY GIVEN THAT AN ELECTION HAS BEEN CALLED BY THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA FROM 7:00 A.M. UNTIL 7:00 P.M. ON TUESDAY,.THE 6111 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, 20237 IE9 _ 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 WHICH THIS NOTICE PERTAINS. 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 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 tI November 6, 2018, shall be in English, Spanish and Haitian-Creole shall be in fall compliance with the laws of the State of Florida and shall be substantially in the following form: 3 OFFICIAL BALLOT 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 (I) 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 30,20237 YES NO 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 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 clerks 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 e shall canvass the vote and make due returns of same without delay to the Board. Such returns shall show, separately, the number of qualified electors who voted at such election on such 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 Voting. 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 statement of the question aforesaid. Section 8. Voter Registration Books. The Supervisor of Elections is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are 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. 4 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 time amended or renumbered, except to the extent contractual commitments would preclude 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 I1. 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. Bffective 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 /1 day of July, 2018, By: Ji .. : Lab.,,,, Chair,The School Board of Miami-Dade County,Florida [SEAL] ATTEST: t'!!iry,The School Board of rand-Dade County,Florida Approved as to form and legality. •Scoo Bo: • Attorney 5 scAbsi 3120170034137 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FI.. FK: 3032 PG: 1050,6/14/20177:44 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 HIGH 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. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FOR DECLARATORY RELIEF This mattes 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; I. 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 Shalt the School Distriet 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 high quality educational opportunities beginning July I,2013 and ending four (4) years lata on June 30, 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. 4. The parties agree that the 2012 Referendum was authorized by Florida Statutes 151011.71(9)and 1011.73(2). 5. Following the passage of the referendum, the defendant has distributed five (5) percent of the 0.60 yearly millage to the charter schools despite the fact that the five charter 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 Hcaings 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 B& 3032PG: ton. district breached the respective charger school contacts. The district has asserted the affirmative 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 charter schools'text is 1pidCC:the district's text is italicized. Section 1002.33 provides in pertinent part. h rt h 1 ntleaa of the (17) Funding nongishigM a �d a basic program or a special ppn ;r., ,e .n. , .o ,i , ...., , .. n„ program; ...,,. distcicS. ... (b)The basis for the agreement for funding students enrolled in a from charter iorooll shall be the sum of the school district's in a. g 1funds nit and the General Educafon Finance Fragrant as provided Appropriations Act, including gross state and local funds, discretionary lottery . . . funds, t . , .n ,i :. �. , ,i. n . •J" • .a,. ., , . 1n ... e school 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 transporiaten, 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 Programby the state and the actual weighted full-time Ul- timo equivalent students reportedthe charter school during the equivalent student survey periods designated by the Commissioner of Education. § 100233(17)(b),Fla.Stat.(emphasis added). Another patt 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'requited local Page 3 of 7 BK: 3032 PG: 1083 effort"tax levy,school districts may levy,nonvoted and voted discretionary millage. Subsection (1) of the statute provides for a nonvoted operating discretionary millage. Subsection (2) provides that, in addition to the nonvoted operating millage of subsection (1), a school district may levy millage for capital expenses for district schools, "including charter schools at the discretion of the school board ...". It 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 . e.,'iOgg ! " " . " ", . u. , ,,,a I - ...n,I . n I y.. , 444 ., " r--1, " ' amount that, when,combined with nonvoted millage levied der this section, VII of the io dos not exceed the 10-mill limit established in a. 9(b), 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 a. 1011.73.Funds generated by such additional Silage do not become a part of the calculation of the Florida Education Finance Program total potentialfandv .., 1011.71,Ila.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 (FCS) students as provided in section 1002.33(17)(b) but the plaintiffs assert that, under the statute, charter schools' proportional,pro rata share includes"foods 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 BK: 3031 PG: 1084 only in those federal,state,and local operating funds allocated by the Florida Education Finance Program (FEFP). It Is the district's position that, pursuant to section 1002.33(17)(6), the only local funding available to chatter schools as a matter of law would be local (Lading which is required by, or included in FBFP. Because the funds for operating expenses derived from ibe 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)(6),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 charier schools are entitled or in which they proportionately share are limited to those funds required by or included in the FEE?. Rather,the plain language of the statute affirmatively states that charter schools shall be funded from the sum of a school district's operating funds(plural)available in the FEF?as set forth under section 1011.62 and the General Appropriations Act, as well as the other surras named in the statute,including"funds from the school district's current operating discretionary millage Nor does the court agree with the district's argument that section 1002.33(17)(6)operates with section 1011.71(9)to deny chatter schools the local funds generated pursuant to the latter statute. Section 1011.71(9) expressly directs that funds generated for a school district's operational purposes from s discretionary millage levy shall not become part of the calculus of the PEEP. 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 PC: 1085 district. Beyond this singular prohibition, subsection (9) of the statute is silent as to how such local funds for operating purposes are to be distributed. The 2012 Referendum finds have been and are being distributed by the district to the public schools, including charter schools,through some method other than through FEE?, The district has concluded that the 2012 Referendum funds may be distributed to the charter schools in its discretion because,according to the Slate Board of Education,millage levied under section 1011.71(9) for operational purposes should be treated the same as millage leviedunder section 1011.71(2) for capital expense. Section 1011.71(2)permits a school district to levy additional millage for capital expenses "for 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.416 DCA • 2013); Esposito v. State, 891 So, 2d 525, 529 (Fla 2004). Consequently, the court fords 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)(6), providing that charter schools are entitled to, in addition to a proportional, pro rata share of PUP finds, 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)(6)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 PC: 1086 9. The court finds that the plain language of the statute supports the plaintiffs' position and they arc 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,lathes,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 arc due. Done and Ordered at Vero Beach, Indian River County, Florida, this 13th day of June, 2017. (,/,/��ry�� PAUL.B.KANAREK Circuit Judge cc: Debra S.Babb-Nutcher,Esq.,dbabbfnlorlandolaw.net,;iones(alorlandolaw.nel Shawn A.Arnold,Esq.,samnld(nlamoldlawfirmllc.conb melissa(alamoldlawfirmlic.com Jeffrey S.Wood,Esq.,iwoodOlmmdea.cont Page 7 of 7 Ex A:Al+ 1e- 3120170055077 RECORDED IN THE RECORDS OF JEFFREY R SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL DIC: 3057 PC; 1820,9/26/2017 8:33 AM Filing#61924994 E-Filed 09/25/2017 11:03:09 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT TN AND FOR INDIAN RIVER COUNTY,FLORIDA INDIAN RIVER CHARTER HIGH 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. Flir!4A,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: 3057 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 Veto 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 3SO2 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 teas,and attomey'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: MAIM: 1822 Conies to: Shawn A.Arnold,Esquire Melissa Gross-Arnold,Esquire The Arnold Law Firm 6279 Dupont Station Ct. Jacksonville,FL 32217 gamoldaamoldlawllrmllc.conl M ran nlellawatE a ..m, Jeffrey S. Wood,Esquire One Financial Plaza,Ste.2602 Ft.Lauderdale,FL 33394 jwoodanwdnacem Suzanne D'Agresta,Esquire Debra S,Babb-Nutchcr,Esquire Gargenese,Weiss&D'Agresta,PA. II 1 N.Orange Avenue,Suite 2000 Orlando,FL 32801 sdaareata(alorlandoiaw.net dbabb(alortandolaw.net 3ienesaa4.orlandotaw.net • 3 Advisory Legal Opinion - Charter schools, funding Page 1 of 4 A ) Florida Attorney General Advisory Legal Opinion Number: AGO 2004-67 Date: December 17, 2004 Subject: Charter schools, funding Mr. Al Cardenas Taw-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 tpublic 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. 141 http://www.m y fl oridalegal.com/ago.nsf/printvi ew/51 FED3 8FF23 EFD l 5 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 a. 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 a. 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 FED38FF23EFD158525... 2/6/2019 . iAdvisory )LAegal Opinion - Charter schools, funding Page 3 of 4 requires that " [p]ursuant to provisions of 20 O.S.C. 8061 s. ,}03064 all charter schools shall receive all federal funding f w h the school is otherwise eligible, including Title 1 'nq . . . . " [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 " 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.com/ago.nsf/prinriiew/51 FED3 8FF23EFD 158525... 2/6/2019 AdvisoryLegal Opinion- Charter schools, funding Page 4 of 4 CC/tgh [i] 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/51FED38FF23EFD 158525... 2/6/2019 d-'!V/I�IJ nit)) ay _ aJ t� x The Florida House of Representatives Office of the Speaker Jose IL Oliva Speaker February 26,2019 Ms.Perla Tabares Hanuman,Chair Mr.Alberto M. Carvalho, Superintendent Miami-Dade County Public Schools 1450 NE 2nd Avenue Miami, FL 33132 Dear Chair Hamman 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 Sheet,TALLAHASSEE,FL 32399-1300 (850)717-5000 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, 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 I3arquin, State Representative Holly Raschein, State Representative Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 6 h1� /�VV 1 Select Year: 2018 V Go The 2018 Florida Statutes Title XI Chapter 164 View Entire COUNTY ORGANIZATION AND GOVERNMENTAL chapter INTERGOVERNMENTAL RELATIONS DISPUTES CHAPTER 164 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." H6tory.—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.l eg.state.flus/STATUTES/index.cfin?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 comity. (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 entitles 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. atstory.-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 shalt, 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 entitles, 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 taw 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 shalt 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 to 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.99279. 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.Ieg.state.fl.us/STATUTES/index.cfm?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 entitles. 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 mall. The joining governmental entity also shall mag 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 shalt 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 entitles 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 entitles. (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.cfm?Appmode=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. 164.1055 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.99279. 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.leg.state.fl.us/STATUTES/index.cfm?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; 5.7,ch.2006-218. Note.—Former 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 De 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 01995-2019 The Florida Legislature •privacy Statement• Contact Us http://www.leg.state.fl.us/STATUTES/index.cfm?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 1 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 074 WEISS SEROTA HELFMANt4" COLE & BIERMAN :WNW& Ar Till CROSSROAD Or DI NNG&GovrRNwrur & n0 LAW Y EA RS in Ws 200 East Broward Blvd., Suite 19001 Fon Lauderdale, FL 33301 ' (954)763-4242 (954)764-7770 I • i El 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 Flair 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 GT GreenbergTraurig Fillet H.Scherker Tel 305.579.0579 Fax 305.579.0717 scherkere©gtlaw.com December 12, 2018 VIA EMAIL Walter J. Harvey School Board Attorney The School Board of Miami-Dade County 1450 N.E. 2nd Avenue, Suite 430 Miami, Florida 33132 Dear Mr. Harvey: We have been engaged by The School Board of Miami-Dade County (the "Board") to furnish our opinion on legal questions arising from the Board's approval of a referendum that authorizes the Board to levy 0.75 mills of ad valorem taxes, for a four-year period, to fund operational expenses with a stated goal to "improve compensation for high quality teachers and instructional personnel"and"increase school safety and security personnel." The referendum was submitted to and approved by qualified electors of Miami-Dade County on November 6, 2018. Specifically, we have been requested to furnish our opinion as to whether, under Florida law, the Board: (1) is obligated to share with charter schools located within the School District of Miami- Dade County(the"District")proceeds from the ad valorem millage levy; and(2)has discretion on how proceeds from the ad valorem millage levy are allocated. We are licensed to practice law in the State of Florida. Any opinion expressed herein is limited in all respects to the laws of the State of Florida,and no opinion is expressed or implied as to the effect that the law of any other jurisdiction might have upon the subject matter of the opinion expressed herein. Except as expressly set forth herein,we render no opinion and no opinion shall be implied. I. BACKGROUND AND ASSUMPTIONS Our opinion is based upon the assumptions that will be hereinafter set forth and upon our analysis of Florida law. We have not undertaken any independent investigation to determine the accuracy of such facts, and no inference as to our knowledge of such facts should be drawn from this letter or from the fact that we have been engaged in this matter by the Board. A. The Resolution. On July 18, 2018, the Board approved Resolution 18-047 (the "Resolution"), which directed the Miami-Dade Board of County Commissioners to, in turn, direct the Supervisor of Elections to place on the November 6, 2018 ballot a referendum (the "Referendum")to levy 0.75 Greenberg Traurig,P.A.I Attorneys at Low 333 SE 2nd Avenue I Suite 4400 I Miami,FL 33131 I T+1305.579.0500 I F+1305.5790717 wwwgttaw.com December 12, 2018 Page 2 mills of ad valorem taxes, for a four-year period, "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." S. 1, Resolution No. 18-047, School Board of Miami-Dade County, effective July 18, 2018. In support of the Resolution, the School Board found, among other things, that (i) "the School Board must maintain sufficient revenues to maintain high quality instruction in schools"; (ii) "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 (iii) "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." Whereas Clauses, Resolution No. 18-047, School Board of Miami-Dade County, effective July 18, 2018. The language of the Referendum approved by the Resolution for placement on the ballot states in full: 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 (I)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 30,20237 Notice of Election, Resolution No. 18-047, School Board of Miami-Dade County, effective July 18, 2018. As authority for the increased ad valorem millage levy, the Resolution invokes Section 1011.71(9), Florida Statutes. Whereas Clause & S. 1, Resolution No. 18-047, School Board of Miami-Dade County, effective July 18, 2018. Section 1011.71(9), which is discussed in greater detail in Sections II and III below, authorizes the Board to "levy, by local referendum or in a general election, additional millage for school operational purposes up to an amount that, when combined with non-voted millage under [Section 1011,71], does not exceed the 10-mill limit established in s. 9(b), Art. VII of the State Constitution." § 1011.71(9), Fla. Stat. (2018). The Referendum was approved by the voters in the November 6,2018 election. Greenberg Traurig,P.A.I Attorneys at Law www.9ttaw.cam December 12,2018 Page 3 B. Potential Objections by Miami-Dade County Charter Schools. Miami-Dade County charter schools may potentially object to any effort by the Board to limit or restrict, in the Board's discretion, the use of all or specific proceeds generated by the ad valorem millage levy to non-charter public schools. C. Assumptions. For purposes of our opinion, we assume the following: • The Board's voter-approved, increased millage levy is for school operational purposes, and,when combined with other non-voted millage the Board has levied pursuant to Section 1011.71, Florida Statutes, does not exceed the 10-mill limit established in Article VII, Section 9(b), of the Florida Constitution. • The funds generated by the 0.75 mill ad valorem levy will only be used for those purposes stated in the Referendum. • All monetary allocations by the Board are fully compliant with all operating budget and general fund requirements under Florida law. E.g., § 1003.02(1)(g)2., Fla. Stat. (2018) ("[D]istrict school boards must ... [p]repare, adopt, and timely submit to the Department of Education, as required by law and by rules of the State Board of Education,the annual school budget, so as to promote the improvement of the district school system."); § 1011.05, Fla. Stat. (2018) ("The official budget shall give the appropriations and reserves therein the force and effect of fixed appropriations and reserves, and the same shall not be altered, amended, or exceeded except as authorized."); § 1011.06(1), Fla. Stat. (2018) ("Expenditures shall be limited to the amount budgeted under the classification of accounts provided for each fund and to the total amount of the budget after the same have been amended as prescribed by law and rules of the State Board of Education."). • The Board has complied with all salary schedule and evaluation requirements under Florida law. E.g., § 1012.22(l)(c)4. & 5., Fla. Stat, (2018) (outlining "[g]randfathered salary schedule"and"[p]erformance salary schedule"requirements); § 1012.34,Fla. Stat.(2018) (setting forth criteria for personnel evaluation). • A "charter school," as discussed herein, is not a "charter lab school" or "virtual charter school," both of which have statutory funding mechanisms that are different from a "charter school." See § 1002.33(17), Fla. Stat. (2018) ("Funding for a charter lab school shall be as provided in s. 1002.32"); §1002.33(17)(O, Fla. Stat. (2018) ("Funding for a virtual charter school shall be as provided in s. 1002.45(7)."); § 1002.45(7)(a), Fla. Stat. (2018) ("Students enrolled in a virtual instruction program or a virtual charter school shall be funded through the Florida Education Finance Program as provided in the General Appropriations Act."); § 1002.32(9), Fla. Stat. (2018) (discussing the method by which a "charter lab school" shall be funded). Greenberg Traurig,P.A.I Attorneys at Law wwwgtlaw.com December 12,2018 Page 4 II. RELEVANT STATUTORY PROVISIONS A. Charter Schools Are "Public Schools"—Section 1002.33(1),Florida Statutes. Section 1002.33(1), Florida Statutes (2018), authorizes the creation of charter schools. That provision states: (1) Authorization -- All charter schools in Florida arc public schools and shall be part of the state's program ofpublic education. A charter school may be formed by creating a new school or converting an existing public school to charter status. A charter school may operate a virtual charter school pursuant to s. 1002.45(1)(d) to provide full-time online instruction to students, pursuant to s. 1002.455, in kindergarten through grade 12. The school district in which the student enrolls in the virtual charter school shall report the student for funding pursuant to s. 1011.61(1)(c)1.6.(VI), and the home school district shall not report the student for funding. An existing charter school that is seeking to become a virtual charter school must amend its charter or submit a new application pursuant to subsection (6) to become a virtual charter school. A virtual charter school is subject to the requirements of this section; however, a virtual charter school is exempt from subsections(18) and(19),paragraph(20)(c), and s. 1003.03. A public school may not use the term charter in its name unless it has been approved under this section. § 1002.33(1),Fla. Stat. (emphasis added). The emphasized portion of this provision makes clear that"charter schools"are considered "public schools." School boards are required by the Florida Constitution to"operate, control and supervise all free public schools within the school district and determine the rate of school district taxes," § 4(b), art. IX, Fla. Const. B. Charter School Funding—Section 1002.33(17)(6),Florida Statutes. Section 1002.33(17)(6), Florida Statutes (2018), of Florida's K-20 Education Code establishes the various sources of funding for"charter schools" in Florida. That provision states, in relevant part: 1002.33 Charter Schools.— (17) FUNDING -- 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. .... Greenberg T aurig,P.A.I Attorneys at Law wwwenaw.com December 12, 2018 Page 5 (b) 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 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. For charter schools operated by a not-for-profit or municipal entity, any unrestricted current and capital assets identified in the charter school's annual financial audit may be used for other charter schools operated by the not-for-profit or municipal entity within the school district. Unrestricted current assets shall be used in accordance with s. 1011.62, and any unrestricted capital assets shall be used in accordance with s. 1013.62(2). § 1002.33(17)(b), Fla. Stat. (emphasis added). As the underscored portion of Section 1002.33(17)(b) demonstrates, the Florida Legislature expressly limits the funding of students enrolled in a charter school to the following sources: (1) "the school district's operating funds from the Florida Education Finance Program as provided ins. 1011,62 and the General Appropriations Act,including gross state and local funds";' (2) "discretionary lottery funds";and (3) "funds from the school district's current operating discretionary millage levy." The phrase "current operating discretionary millage levy"is undefined. 'In addition to state-contributed funds,each school district must provide a"required local effort"(an"RLE")towards the cost of the Florida Education Finance Program(the"FEFP"). See 1011.62(4),Fla.Stat.(2018)("The Legislature shall prescribe the aggregate required local effort for all school districts collectively as an item in the General Appropriations Act for each fiscal year."); § 1011.60(6), Fla. Stat. (2018) ("Each district which participates in the state appropriations for the [FEFP] shall provide evidence of its effort to maintain an adequate school program throughout the district and shall ... [m]ake the minimum financial effort required for the support of the [FEFP] as prescribed in the current year's General Appropriations Act."). School districts generate their RLE(or local funds)to contribute to the FEFP by levying a mandatory,state-approved millage rate on ad valorem property within the district, pursuant to Section 1011.71(1),Florida Statutes,as discussed infra. Greenberg Treurig,P.A.I Attorneys at Law __..... wwwgtlawcofl December 12, 2018 Page 6 To arrive at a funding figure under Section 1002.33(17)(b), the sum of these sources is first "divided by total funded weighted full-time equivalent students in the school district." That number is then"multiplied by the weighted full-time equivalent students for the charter school." § 1002.33(17)(b), Fla. Stat. C. District School Tax—Section 1011.71, Florida Statutes. Section 1011.71,Florida Statutes(2018),of Florida's K-20 Education Code,titled"District school tax,"establishes different categories of ad valorem millage that school boards may levy on property owners in the district to raise operational and capital outlay funds. Subsection(1)of Section 1011.71 establishes the first two categories of ad valorem millage that school boards may levy. That provision states, in full: (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 s. 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 non- voted current operating_ discretionary millage. The Legislature shall prescribe annually in the appropriations act the maximum amount of millage a district may levy. § 1011.71(1), Fla. Stat. (emphasis added). As the underscored portions demonstrate, Section 1011.71(1) authorizes school boards to impose: (1) a non-voted "required local effort millage levy"; and (2) a "non-voted current operating discretionary millage" levy. The non-voted "required local effort millage levy"in category one is used by school boards to fund their"required local effort," which represents the local funds that each school district must contribute annually toward the cost of the Florida Education Finance Program ("FEFP") to be eligible to receive funding from the FEFP. See § 1011.62(4), Fla. Stat. (2018). The "non-voted current operating discretionary millage" in category two is left undefined, but plainly pertains to "operati[ons]." § 1011.71(1). Fla. Stat. (emphasis added)? Subsection(9) of Section 1011.71 establishes another category of ad valorem millage that school boards may levy for"school operational purposes." That provision states, in full: (9) In addition to the maximum millage levied under this section and the General 2 Subsection(2)of Section 1011.71 establishes a third category of non-voted ad valorem millage that school boards may levy for capital outlay needs. § 1011.71(2),Fla.Stat. That category of ad valorem millage is not relevant to this analysis of the Board's millage levy for school operational purposes. Greenberg Traurig,P.A.I Attorneys at Law _.... .. www.gnaw.tom December 12, 2018 Page 7 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 non-voted 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 apart 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. § 1011.71(9), Fla. Stat. (emphasis added). As the underscored portions demonstrate, Section 1011.71(9) authorizes school boards "to levy, by local referendum or in a general election, additional millage for school operational purposes." Id. Moreover,the"[f]unds generated by such additional millage do not become a part of the calculation of the Florida Education Finance Program" Id. D. School Millage Rates—Section 200.001,Florida Statutes. Section 200.001, Florida Statutes (2018), which defines the categories of Florida millage rates, highlights the differences between school boards' ad valorem millage levies. Specifically, Section 200.001(3) draws a distinction between "[n]on-voted discretionary school operating millage," on the one hand, and "[v]oted district school operating millage," on the other. That provision states, in pertinent part: (3) School millages shall be composed of five categories of millage rates, as follows: (a) Non-voted required school operating millage, which shall be that non-voted millage rate set by the county school board for current operating purposes and imposed pursuant to s. 1011.60(6). (b) Non-voted discretionary school operating millage, which shall be that non- voted millage rate set by the county school board for operating purposes other than the rate imposed pursuant to s. 1011.60(6) and other than the rate authorized in s. 1011.71(2). (c) Voted district school operating millage,which shall be that millage rate set by the district school board for current school operating purposes as authorized by the Greenberg Traurlg,P.A.I Attorneys at Lew wwwgttaw.com • December 12, 2018 Page 8 electors pursuant to s. 9(b), Art. VII of the State Constitution. (d) Non-voted district school capital improvement millage, which shall be that millage rate set by the district school board for capital improvements as authorized in s. 1011.71(2). (e) Voted district school debt service millage,which shall be that millage rate set by the district school board as authorized by a vote of the electors pursuant to s. 12, Art.VII of the State Constitution. §200.001(3), Fla. Stat. (emphasis added). III. DISCUSSION The questions to be addressed arc whether, under Florida law, the Board: (1) is obligated to share with charter schools located within the District proceeds from the ad valorem millage levy, pursuant to Section 1011.71(9), Florida Statutes (2018); and (2) has discretion on how proceeds from the ad valorem millage levy are spent. A. The Board Has No Obligation to Share with Charter Schools Proceeds from a Voted "Additional Millage for School Operational Purposes." 1. Statutory Interpretation. a. Principles of Statutory Interpretation. "The object of statutory interpretation is to determine legislative intent." Crews v. State, 183 So. 3d 329, 332 (Fla. 2015). Discerning legislative intent requires a court to look first to the plain language of the statute. Hess v. Philip Morris USA, Inc., 175 So. 3d 687, 692 (Fla. 2015). "When the statute is clear and unambiguous, courts will not look behind the statute's plain language for legislative intent or resort to rules of statutory construction to ascertain intent." Daniels v. Fla. Dept. of Health, 898 So. 2d 61, 64 (Fla. 2005). Nonetheless, "statutes cannot be read in isolation." Charles v. S. Baptist Hasp. of Fla., Inc., 209 So. 3d 1199, 1207 (Fla. 2017). "Every statute must be read as a whole with meaning ascribed to every portion and due regard given to the semantic and contextual interrelationship between its parts." Fla. Dep't of Env. Pro. v. ContractPoint Fla. Parks, LLC, 986 So. 2d 1260, 1265 (Fla. 2008) (quoting Fleischman v. Dept of Prof?, Reg., 441 So. 2d 1121, 1123 (Fla. 3d DCA 1983)). Consistent with this principle, the doctrine of in pari materia requires that statutes relating to the same subject matter be read together,to give effect to all statutory provisions, See Fla. Dept of State v. Martin, 916 So. 2d 763, 768 (Fla. 2005) ("The doctrine of in parr materia is a principle of statutory construction that requires that statutes relating to the same subject or object be construed together to harmonize the statutes and to give effect to the Legislature's intent."); accord Fla. Dept of Revenue v. New Sea Escape Cruises, Ltd., 894 So. 2d 954, 957 (Fla. 2005) ("In ascertaining the legislative intent,a court must consider the plain language of the statute,give Greenberg'Ft-swig,P.A.I Attorneys at Law wwwgtlaw.com December 12, 2018 Page 9 effect to all statutory provisions, and construe related provisions in harmony with one another." (quoting Hechtman V. Nations Title Ins. of New York, 840 So. 2d 993, 996 (Fla. 2003))). b. The Interplay Between Sections 1002.33(17)(b) and 1011.71. i. The plain language. Section 1002.33(17)(b) of the K-20 Education Code establishes the various funding sources for Florida's charter schools. One source of funding, set forth in Section 1002.33(17)(6), is "funds from the school district's current operating discretionary millage levy." § 1002.33(17)(6), Fla. Stat. (emphasis added). The phrase "current operating discretionary millagc levy"plainly contemplates a single`levy,"as opposed to multiple"levies,"but it is not defined in the body of Section 1002.33. Section 1011.71, titled "District school tax," is the provision of the K-20 Education Code that grants school boards authority to levy millage for operational purposes and expressly references the phrase "current operating,discretionary millage." Accordingly, it is appropriate to consider Section 1011.71, which deals with the same subject to which the charter-funding- provision refers, to determine the meaning of the phrase "current operating discretionary millage levy,"as used in Section 1002.33(17)(6). Beckett v. Dept of Fin. Servs., 982 So. 2d 94, 100(Fla. 1st DCA 2008)("[I]t is appropriate to consider other statutory provisions and relevant case law to give a statutory term its proper meaning." (citing DuFresne v. State, 826 So. 2d 272, 275 (Fla. 2002D). Section 1011.71 establishes two categories of a non-required (or discretionary) millage levy for operational purposes: Category One. The first category is codified in Section 1011.71(1), which provides that "each district school board may levy a non-voted current operating discretionary millage." § 1011.71(1),Fla. Stat.(emphasis added). This underscored language parallels the undefined phrase found in Section 1002.330 7)(6). Like the provision in Section 1002.33(17)(b),this provision also only contemplates a single"levy,"as opposed to multiple"levies." Category Two. The second category is codified in Section 1011.71(9),which provides that "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 non-voted millage levied under this section, does not exceed the 10-mill limit established in s. 9(b), Art. VII of the State Constitution." § 1011.71(9), Fla. Stat. (emphasis added). Unlike Section 1011,71(1), Section 1011.71(9) does not use the same, undefined phrase found in Section 1002.33(17)(b) — i.e., "current operating discretionary millage." Instead, the underscored language plainly establishes that a voter-approved millage levy for"school operational purposes" constitutes an "additional," or distinct, type of"millage" that "a school district may levy" and is different from other "non- voted millage levied under [the] section," such as the "non-voted current operating discretionary millage" levy found in Section 1011.710). Greenberg Traurig,P.A.I Attorneys at Law www.gttawmm December 12, 2018 Page 10 When Section 1002.33(17)(6) is construed together with both provisions of Section 1011.71,it becomes clear that a charter school's funding source"from the school district's current operating discretionary millage levy,"as set forth in Section 1002.33(17)(b), can only refer to the same "non-voted current operating discretionary millage" levy authorized by Section 1011.71(1) — and not to any "additional" and distinct voter-approved millage levy for operational school purposes under Section 1011.71(9).3 This is because undefined"[t]erms of special legal significance"—like the phrase"current operating discretionary millage," as used in both Section 1002.33(17)(6) and Section 1011.71(1) —"are presumed to have been used by the legislature according to their legal meanings." City of Tampa v. Thatcher Glass Corp., 445 So. 2d 578, 579 n.2 (Fla. 1984); accord Crews v. Fla. Pub. Emp'rs Council 79, AFSCME, 113 So. 3d 1063, 1069 (Fla. 1st DCA 2013) ("[c]ourts should give words in a statute their ordinary and everyday meaning unless the context reveals that a technical meaning applies" (citing State v. Brown, 412 So. 2d 426, 428 (Fla. 4th DCA 1982))). The legal meaning of"current operating discretionary millage levy," as used in Section 1002.33(17)(6), is clearly provided by the identical term in Section 1011.71(1). Identical terms of special legal significance used in different statutes on the same subject should be read "in harmony with one another." New Sea Escape Cruises, Ltd., 894 So. 2d at 957 (quoting Nechtman, 840 So. 2d at 996). Moreover, the "current operating discretionary millage levy" in Section 1002.33(17)(b) does not contemplate multiple, or even "all," discretionary levies for operational purposes. If it did, the Legislature would not have used the word "levy" in the singular or echoed the specific language in Section 1011.71(1) that authorizes a"current operating discretionary millage"levy. Indeed, Section 200.001(3),Florida Statutes(2018),which sets forth different"categories" of millage rates for"[s]chools,"clarifies this point by drawing a distinction between the category of"[n]onvoted discretionary school operating millage," as authorized by Section 1011.71(1), and the category of"[v]oted district school operating millage," as authorized by Section 1011.71(9). § 200.001(3)(6), (c), Fla. Stat. (emphasis added). If the Legislature had intended to include the "additional"voter-approved levy set forth in Section 1011.71(9) as another source of funding for charter schools, it could have expressly done so. But the courts cannot "add words to the statute that were not placed there by the Legislature." D.M.T. v. T.MH., 129 So. 3d 320, 334(Fla. 2013) I Notably, Section 4 of the Florida Standard Charter Contract promulgated by the Florida Department of Education ("FDEC"),titled"Financial Accountability,"includes a provision that requires a school board to fund charter schools from"funds from the [dlistrict's current operating discretionary millage levy,"but gives the school board complete "discretion" to "provide additional funding to the [charter school via any applicable capital outlay or operating millage levied by the" school board. Form IEPC-SC, Florida Standard Charter Contract, Fla. Dept of Educ., § 4, A.1.iv & A.2. (effective Dec. 2016), available at htto://www.fdoc.ore/coreffleparse.nhn/7700/aril/IEPC-SC.pdf (last visited Dec.9,2018)(emphasis added);see also Fla.Admin.Code R.6A-6.0786(3)(2018)("Upon approval of a charter school application,the sponsor shall have thirty(30)days to propose an initial proposed charter contract to the charter school. The sponsor shall use Form IEPC-SC, Florida Standard Charter Contract, effective December 2016, ... as the basis for the initial draft contract."). On October 30,2018,FDEC issued a Notice of Development of Rulemaking "[t]o revise the Florida Standard Charter Contract (Form IEPC-SC) to align with recent Legislative changes." 44 Fla. Admin. W. 4991-92 (Oct. 30, 2018). A revised Florida Standard Charter Contract has not yet issued. Greenberg'1 aurig,P.A.1 Attorneys at Law www.gtlawrom December 12, 2018 Page 11 (quoting Lawnwood Med. Ctr., Inc. v. Seeger, 990 So. 2d 503, 512 (Fla. 2008)). ii. The history of Section 1002.33(17)(b)'s enactment. These provisions, when read together, do not appear to be ambiguous. If, however, the provisions were to be considered ambiguous in any respect, a court would then "[e]xamin[e] the history of the legislation [as] a helpful tool in determining legislative intent." Raymond James Fin. Servs., Inc. v. Phillips, 126 So. 3d 186, 192 (Fla. 2013). The history of Section 1002.330 7)(b)'s enactment confirms that which the plain language already establishes. The Legislature authorized the creation of charter schools in 1996. § 1, ch. 96-186, Laws of Fla.; § 228.056, Fla. Stat. (1997). As part of this enactment, the Legislature authorized as a source of funding for charter schools, "funds from the school district's current operating discretionary millage levy." § 228.056(13)(b),Fla. Stat. (1997). This is identical to the source of funding discussed above and currently set forth in Section 1002.33(17)(6). At the time the charter-school legislation was passed, the provision for an "additional" voter-approved millage levy for operational school purposes, as set forth in Section 1011.71(9), did not exist. See § 236.25, Fla. Stat. (1997).4 Instead, only the analog to Section 1011.71(1) existed and authorized"a non-voted current operating discretionary millage" levy identical to the one currently found in Section 1011.71(1). See § 236.25(1), Fla. Stat. (1997). The Legislature first added the analog to Section 1011.71(9) in 2001, using language that is identical to the current language of Section 1011.71(9). § 1, ch. 2001-220, Laws of Fla. (originally enacted as § 236.25(6), Fla. Stat.,relocated to § 1011.71, Fla. Stat.,effective 2003,see §§ 663, 1065, ch. 2002-387, Laws of Fla., and renumbered as subsection (9), effective 2009,see §§ 33, 43, ch. 2009-59, Laws of Fla.). When the Legislature enacted this provision, however, it did not simultaneously amend or modify the list of charter-school funding sources currently found in Section 1002.33(17)(b). Based on this history, it is obvious that, when the Legislature created the list of a charter school's source of funding to include "funds from the school district's current operating discretionary millage levy" in 1996, it was referring to the only "current operating discretionary millage levy" codified at the time: the analog to Section 1011.71(1), which authorized "a non- voted current operating discretionary millage" levy identical to the one currently found in Section 1011.71(1). By the same token, the Legislature could not have predicted a future change in the law or have intended to include as part of the then-existing"current operating discretionary millage levy"an"additional"category of levy that did not become a part of the law until years later. °There was then and is now,a statutory provision authorizing school boards 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," with any millage levied under this provision limited to a two-year period. See § 236.31; Fla. Stat. (1997);§ 1011.73,Fla.Stat.(2018)(same). Because the Board did not invoke this provision as part of its Resolution, and the voter-approved referendum approves a four-year millage levy under a different statutory provision,the two- year ad valorem provision should have no application here. Greenberg rtaurig,P.A.I Attorneys at Law wwwgtlawmm December 12,2018 Page 12 2. The Indian River Case. In June 2017, Judge Kanarek of the Nineteenth Judicial Circuit in and for Indian River County addressed whether, under Florida law, a school board is obligated to share with district charter schools proceeds from a millage levy approved by voter referendum for school operational purposes pursuant to Section 1011.71(9). Judge Kanarek ruled, on summary judgment, that Section 1002.33(17)(6) required the board to do so. See Order Granting Plaintiffs Motion for Summary Judgment for Declaratory Relief,Indian River Charter High School, Inc., et al. v. School Board of Indian River County, Fla., Case No. 31-2016-CA-000432 (Fla. 19th Jud. Cir. Ct. June 13, 2017). The summary judgment order in Indian River offers limited guidance or persuasive force for at least three reasons. First,the order focuses primarily upon the school board's legal argument that the charter school funding sources listed in Section 1002.33(17)(6)are limited to those funds required by or included in the FEFP,to which funds generated pursuant to Section 1011.71(9) do not apply. Second, the order does not engage in the statutory construction analysis discussed above,completely ignores the history of Section 1002.33(17)(b)'s enactment,and assumes without any analysis that the"additional,"voter-approved millage"a school district may levy"for"school operational purposes"under Section 1011.71(9)is the same thing as the"[n]onvoted discretionary school operating millage" levy authorized by Section 1011.710). Third, the order was never appealed, and no Florida appellate court has issued a decision on this precise legal question. 3. Conclusion. The summary judgment order in Indian River aside, the plain language of Section 1002.33(17)(6), Florida Statutes,obligates the Board to share with District charter schools"funds from the school district's current operating discretionary millage levy." The "additional" voter- approved millage levy authorized by Section 1011.71(9), Florida Statutes, to generate funds for "school operational purposes" is a different category of millage levy than the "current operating discretionary millage levy," from which charter schools are funded pursuant to Section 1002.33(17)(6). Because the "additional" voter-approved millage levy described in Section 1011.79(9) is not listed as a source of funding for charter schools in Section 1002.33(17)(6), the Board does not have an obligation to share with District charter schools—in a proportional amount or otherwise—proceeds from such a millage levy.' B. The Board's Discretion in Spending the Operational Funds. Based on the language of the voter-approved Referendum,operational funds generated by Notably, in the recently enacted Marjory Stoneman Douglas High School Public Safety Act (the "Act"), the Legislature expressly included"charter schools"as being entitled to a proportional share of district school funding for the mental health assistance allocation provided by the Legislature. See ch. 18-3, §29,Laws of Fla.(providing that "[e]ligible charter schools are entitled to a proportionate share of district funding" relating to the "mental health assistance allocation"). The Act also specifically permits a"charter school" to apply for a grant that will"provide awards to schools to fund, in whole or in part,the fixed capital outlay costs associated with improving the physical security of school buildings." Ch. 18-3,§44,Laws of Fla. Greenberg Traurig,P.A.I Attorneys at Law www.9tlaw.com December 12, 2018 Page 13 the levy of 0.75 mills must be used for two stated purposes: (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." Under Florida law, the Board is obligated to use these funds, over the course of the levy, for no purpose other than the purposes stated in the Referendum. E.g., Dickinson v. Stone, 251 So. 2d 268, 273 (Fla. 1971) ("It is a violation of an elemental principle in the administration of public funds for one who is charged with the trust of their proper expenditure not to apply those funds [t]o the purposes for which they are raised."); Taylor v. Williams, 196 So. 214, 217 (Fla. 1940)("Ad valorem taxes levied for,and taxes allocated to, county and road and bridge district bond payments, cannot legally be used for refunding bond expenses,or commingled with revenues raised to pay refunding bond expenses."); Supreme Forest Woodmen Circle v. Hobe Sound Co., 189 So. 249, 250 (Fla. 1939) ("It is fundamental that funds raised by taxation for one purpose cannot be diverted to another without legislative authority."); Oven v. Ausley, 143 So. 588, 589 (Fla. 1932) ("When funds are raised by taxation for one purpose they cannot be diverted to some other purpose without out legislative authority."). Although funds generated by the levy of 0.75 mills cannot be diverted for uses other than "improv[ing] compensation for high quality teachers and instructional personnel" and "increas[ing] school safety and security personnel," the voter-approved Referendum does not prescribe or mandate a specific method by which the Board is required to accomplish these stated goals. So long as these dual goals are accomplished, the Board should have discretion in how money generated by the millage levy and dedicated to those goals is allocated. For example, in Opinion 08-08, the Attorney General was asked to decide whether the School Board of Orange County had discretion in how to use proceeds of a sales surtax,where the ballot provided a general description of the projects to be funded by the surtax revenues, and the plan adopted by the Board accompanying the ballot proposal line-itemed several generic projects for which the funds would be dedicated. The Attorney General concluded that"the ballot language and the plan for using these surtax proceeds [did] not mandate the accomplishment of these projects in any particular order and the school board [had] flexibility to work within the terms of the plan as it prioritizes the use of these funds." Op. Atfy Gen. Fla. 08-08 (2008);see also Op. Att'y Gen.Fla.06-38(2006)(recognizing that"relatively general"ballot language"would provide the school board with some flexibility" in using capital outlay surtax proceeds). In the absence of any specific guidelines within the body of the Referendum itself, the Board should have flexibility to accomplish the goals stated therein.' IV. OPINION We have considered such questions of law as we have deemed necessary for the purpose 6 As stated on page 3,sup-a,this assumes the Board has otherwise complied with all salary schedule and evaluation requirements under Florida law. E.g, § 1012.22(l)(c)4. & 5, Fla. Stat. (2018) (outlining"(g]randfathered salary schedule"and"Iplerformance salary schedule"requirements); § 1012.34, Fla. Stat.(2018)(setting forth criteria for personnel evaluation). Greenberg Trearig,P.A.I Attorneys at Law www 9ttaw.com December 12,2018 Page 14 of rendering the opinion set forth herein, as qualified by any assumptions or limitations expressly stated. Based upon and subject to the considerations reflected above, we are of the opinion that: (1) The plain language of Section 1002.33(17)(6),Florida Statutes,obligates the Board to share with District charter schools "funds from the school district's current operating discretionary millage levy." (2) The "additional" voter-approved millage levy authorized by Section 1011.71(9), Florida Statutes, to generate funds for "school operational purposes" is a different category of millage levy than the "current operating discretionary millage levy," from which charter schools are funded pursuant to Section 1002.33(17)(6). (3) Because the "additional" voter-approved millage levy described in Section 1011.71(9) is not listed as a source of funding for charter schools in Section 1002.33(17)(b), the Board does not have an obligation to share with District charter schools proceeds from such a millage levy, in a proportional amount or otherwise. (4) So long the Board uses the funds generated by the levy of 0.75 mills to "improve compensation for high quality teachers and instructional personnel" and "increase school safety and security personnel," the Board should have discretion in how money dedicated to those goals is allocated. We express no opinion as to matters governed by any laws other than the substantive law of Florida, which are in effect on the date hereof This opinion is furnished solely for your benefit, pertaining to the Board's obligation and discretion to share with District charter schools proceeds from the levy of 0.75 mills of ad valorem taxes approved by voter referendum for operational funds, as described in this Opinion, and may not be circulated to,or relied upon by, any other person or entity. Respectfully, -1140,27 Greenberg Traurig,P.A.I Attorneys at Law www.gtlawrom Ana Theallet From: Ronald J Wasson Sent: Tuesday, May 7, 2019 4:13 PM To: Ana Theallet Subject: FW: CITY OF AVENTURA - PROCEDURE FOR REPLACING POLICE PENSION BOARD MEMBER Importance: High Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 rwasson(c�cityofaventura.com www.cityofaventura.com Office: 305-466-8910 Fax: 305-466-8919 • From: Ellisa Horvath <HorvathE@cityofaventura.com> Sent:Wednesday, May 1, 2019 10:18 AM To: Ronald J Wasson<WassonR@cityofaventura.com> Subject:CITY OF AVENTURA- PROCEDURE FOR REPLACING POLICE PENSION BOARD MEMBER Importance: High FYI—Procedure for replacing member on the Police Pension Board. This should go on the Commission Workshop Agenda for May 16,2019. • • Sec.36-23.-Administration of the Retirement Plan. (b) The Board of Trustees shall consist of five persons: two of whom shall be legal residents of the City of Aventura and who shall be appointed by the City Commission from a list provided by the City Manager. Two members of the Board of Trustees shall be police officers elected by a majority of the police officers who are active members of the plan. A fifth member of the Board shall be chosen by a majority of the other four Trustees, and such person's name shall be submitted to the City Commission for appointment. The City Commission shall appoint the fifth member selected by the other four Trustees as a ministerial duty. (c) All Trustees shall serve a term of four years. If a vacancy shall occur prior to the expiration of a member's term, a replacement member shall be chosen in the same manner as the person who has left office. A replacement Trustee shall serve a full term measured from the date of replacement. All Trustees shall serve until their replacements are selected. 1 Ellisa L. Horvath, MMC City Clerk City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 ehorvath@cityofaventura.com www.cityofaventura.com Office: 305-466-8901 • Zia 9 l 2 11/4 Uf1/ E \ I iws RILL./\SL. '�ilt t City of Aventura 19200 West Country Club Drive 'e yr o\\\6ig. Aventura, Florida 33180 FOR IMMEDIATE RELEASE Date: May 7, 2019 Contact: Ronald J. Wasson, City Manager Phone: 305-466-8910 Fax: 305-466-8919 The City of Aventura Accepts Applications for a Vacancy on the Police Pension Board of Trustees Aventura, Florida ... The City of Aventura will be accepting applications for an available position on the Police Pension Board of Trustees through Friday, May 31, 2019. Applicants should have expressed interest and/or experience in finance, investments and/or familiarity with pension plans, and must be registered voters who have resided in the City of Aventura for six months immediately prior to an appointment by the City Commission to the Board. Members serve for a term of four years. The board is responsible for the proper, effective operation of the Retirement Plan and for implementing the provisions of the Ordinance. The application is available online at cityofaventura.com. The completed application and resume can be faxed to 305-466-8919; emailed to rwasson@cityofaventura.com; or mailed to the Office of the City Manager at 19200 West Country Club Drive, Aventura, FL 33180. Ronald J. Wasson City Manager Stay informed! Visit the City's website and subscribe to My Aventura E-Notifications. cityofaventura.com f1 @cityofaventura Ox. At I: . CR of nv�_:N Lunn Application for a£ n o' etfr Police Pension Board of Trustees c9ev Stow Potential board members must be registered voters who have resided in the City of Aventura for six (6) months immediately prior to an appointment to the Board. Applicants should have expressed interest and/or experience in finance, investments and/or familiarity with pension plans. Name of Applicant Address Phone Email Business Name Occupation Business Address Business Phone Fax If Retired, list former business name, address and position Qualifications: Briefly describe the specific expertise and/or abilities you can contribute as a member of this Board. Please attach a resume along with your application by Friday, May 31, 2019. I understand that in accordance with the State of Florida Government in the Sunshine Law, this information may be made public. I understand that all board appointments are for voluntary, uncompensated services and I will be subject to the applicable Standards of Conduct for Public Officers as set forth by Federal, State, County, City, or other applicable law pursuant to City Charter Section 7 03. Signature of Applicant Date Email, mail or fax completed application &resume to: City of Aventura Office of the City Manager 19200 West Country Club Drive,Aventura, FL 33180 305-466-8910 Fax: 305-466-8919 rwasson@cityofaventura.com