Florida Senate - 2011                                    SB 1518
       
       
       
       By Senator Altman
       
       
       
       
       24-00920C-11                                          20111518__
    1                        A bill to be entitled                      
    2         An act relating to postsecondary student fees;
    3         amending s. 1009.22, F.S.; requiring that acquisitions
    4         of improved real property by a district school board
    5         or Florida College System institution board of
    6         trustees which are funded through the use of the
    7         capital improvement fee meet certain survey and
    8         construction requirements; authorizing a Florida
    9         College System institution that has not met certain
   10         relative space needs to establish a capital
   11         improvement fee for 5 fiscal years; providing a
   12         maximum fee amount; providing requirements relating to
   13         the use of the fee; amending s. 1009.23, F.S.;
   14         deleting a fee limitation; requiring that acquisitions
   15         of improved real property by a Florida College System
   16         institution board of trustees which are funded through
   17         the use of the capital improvement fee meet certain
   18         survey and construction requirements; authorizing a
   19         Florida College System institution that has not met
   20         certain relative space needs to establish a capital
   21         improvement fee for 5 fiscal years; providing a
   22         maximum fee amount; providing requirements relating to
   23         the use of the fee; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (6) of section 1009.22, Florida
   28  Statutes, is amended to read:
   29         1009.22 Workforce education postsecondary student fees.—
   30         (6)(a) Each district school board and community college
   31  board of trustees may establish a separate fee for capital
   32  improvements, technology enhancements, or equipping buildings
   33  which may not exceed 5 percent of tuition for resident students
   34  or 5 percent of tuition and out-of-state fees for nonresident
   35  students. Funds collected by community colleges through the fee
   36  may be bonded only for the purpose of financing or refinancing
   37  new construction and equipment, renovation, or remodeling of
   38  educational facilities. The fee shall be collected as a
   39  component part of the tuition and fees, paid into a separate
   40  account, and expended only to construct and equip, maintain,
   41  improve, or enhance the certificate career education or adult
   42  education facilities of the school district or community
   43  college. Projects and acquisitions of improved real property
   44  funded through the use of the capital improvement fee must meet
   45  the survey and construction requirements of chapter 1013.
   46  Pursuant to s. 216.0158, each district school board and
   47  community college board of trustees shall identify each project,
   48  including maintenance projects, proposed to be funded in whole
   49  or in part by such fee. Capital improvement fee revenues may be
   50  pledged by a board of trustees as a dedicated revenue source to
   51  the repayment of debt, including lease-purchase agreements, with
   52  an overall term of not more than 7 years, including renewals,
   53  extensions, and refundings, and revenue bonds with a term not
   54  exceeding 20 years and not exceeding the useful life of the
   55  asset being financed, only for the new construction and
   56  equipment, renovation, or remodeling of educational facilities.
   57  Bonds authorized pursuant to this paragraph shall be requested
   58  by the community college board of trustees and shall be issued
   59  by the Division of Bond Finance in compliance with s. 11(d),
   60  Art. VII of the State Constitution and the State Bond Act. The
   61  Division of Bond Finance may pledge fees collected by one or
   62  more community colleges to secure such bonds. Any project
   63  included in the approved educational plant survey pursuant to
   64  chapter 1013 is approved pursuant to s. 11(f), Art. VII of the
   65  State Constitution. Bonds issued pursuant to the State Bond Act
   66  may be validated in the manner provided by chapter 75. The
   67  complaint for such validation shall be filed in the circuit
   68  court of the county where the seat of state government is
   69  situated, the notice required to be published by s. 75.06 shall
   70  be published only in the county where the complaint is filed,
   71  and the complaint and order of the circuit court shall be served
   72  only on the state attorney of the circuit in which the action is
   73  pending. A maximum of 15 cents per credit hour may be allocated
   74  from the capital improvement fee for child care centers
   75  conducted by the district school board or community college
   76  board of trustees. The use of capital improvement fees for such
   77  purpose shall be subordinate to the payment of any bonds secured
   78  by the fees.
   79         (b) A Florida College System institution that has met less
   80  than 65 percent of its relative space needs, as determined by
   81  the Division of Florida Colleges by January 1 of each year, may
   82  establish a capital improvement fee that may not exceed 20
   83  percent of tuition for resident students or 20 percent of
   84  tuition and out-of-state fees for nonresident students for the
   85  subsequent 5 fiscal years. Funds collected through the capital
   86  improvement fee in accordance with this paragraph which exceed 5
   87  percent of tuition for resident students or 5 percent of tuition
   88  and out-of-state fees for nonresident students may not be
   89  bonded. Funds collected through the capital improvement fee in
   90  accordance with this paragraph may be spent on any project or
   91  improved real property acquisition that meets the survey and
   92  construction requirements of chapter 1013.
   93         (c)(b) The state does hereby covenant with the holders of
   94  the bonds issued under paragraph (a) that it will not take any
   95  action that will materially and adversely affect the rights of
   96  such holders so long as the bonds authorized by paragraph (a)
   97  are outstanding.
   98         Section 2. Subsection (11) of section 1009.23, Florida
   99  Statutes, is amended to read:
  100         1009.23 Community college student fees.—
  101         (11)(a) Each community college board of trustees may
  102  establish a separate fee for capital improvements, technology
  103  enhancements, or equipping student buildings which may not
  104  exceed 10 percent of tuition for resident students or 10 percent
  105  of the sum of tuition and out-of-state fees for nonresident
  106  students. The fee for resident students shall be limited to an
  107  increase of $2 per credit hour over the prior year. Funds
  108  collected by community colleges through the fee may be bonded
  109  only as provided in this subsection for the purpose of financing
  110  or refinancing new construction and equipment, renovation, or
  111  remodeling of educational facilities. The fee shall be collected
  112  as a component part of the tuition and fees, paid into a
  113  separate account, and expended only to construct and equip,
  114  maintain, improve, or enhance the educational facilities of the
  115  community college. Projects and acquisitions of improved real
  116  property funded through the use of the capital improvement fee
  117  shall meet the survey and construction requirements of chapter
  118  1013. Pursuant to s. 216.0158, each community college shall
  119  identify each project, including maintenance projects, proposed
  120  to be funded in whole or in part by such fee.
  121         (b) Capital improvement fee revenues may be pledged by a
  122  board of trustees as a dedicated revenue source to the repayment
  123  of debt, including lease-purchase agreements, with an overall
  124  term of not more than 7 years, including renewals, extensions,
  125  and refundings, and revenue bonds with a term not exceeding 20
  126  annual maturities and not exceeding the useful life of the asset
  127  being financed, only for financing or refinancing of the new
  128  construction and equipment, renovation, or remodeling of
  129  educational facilities. Bonds authorized pursuant to this
  130  subsection shall be requested by the community college board of
  131  trustees and shall be issued by the Division of Bond Finance in
  132  compliance with s. 11(d), Art. VII of the State Constitution and
  133  the State Bond Act. The Division of Bond Finance may pledge fees
  134  collected by one or more community colleges to secure such
  135  bonds. Any project included in the approved educational plant
  136  survey pursuant to chapter 1013 is approved pursuant to s.
  137  11(f), Art. VII of the State Constitution.
  138         (c) Bonds issued pursuant to this subsection may be
  139  validated in the manner provided by chapter 75. Only the initial
  140  series of bonds is required to be validated. The complaint for
  141  such validation shall be filed in the circuit court of the
  142  county where the seat of state government is situated, the
  143  notice required to be published by s. 75.06 shall be published
  144  only in the county where the complaint is filed, and the
  145  complaint and order of the circuit court shall be served only on
  146  the state attorney of the circuit in which the action is
  147  pending.
  148         (d) A Florida College System institution that has met less
  149  than 65 percent of its relative space needs, as determined by
  150  the Division of Florida Colleges by January 1 of each year, may
  151  establish a capital improvement fee that may not exceed 20
  152  percent of tuition for resident students or 20 percent of
  153  tuition and out-of-state fees for nonresident students for the
  154  subsequent 5 fiscal years. Funds collected through the capital
  155  improvement fee in accordance with this paragraph which exceed
  156  10 percent of tuition for resident students or 10 percent of
  157  tuition and out-of-state fees for nonresident students may not
  158  be bonded. Funds collected through the capital improvement fee
  159  in accordance with this paragraph may be spent on any project or
  160  improved real property acquisition that meets the survey and
  161  construction requirements of chapter 1013.
  162         (e)(d) A maximum of 15 percent may be allocated from the
  163  capital improvement fee for child care centers conducted by the
  164  community college. The use of capital improvement fees for such
  165  purpose shall be subordinate to the payment of any bonds secured
  166  by the fees.
  167         (f)(e) The state does hereby covenant with the holders of
  168  the bonds issued under this subsection that it will not take any
  169  action that will materially and adversely affect the rights of
  170  such holders so long as the bonds authorized by this subsection
  171  are outstanding.
  172         Section 3. This act shall take effect July 1, 2011.