House Bill 1793c1

    Florida House of Representatives - 1998             CS/HB 1793

        By the Committee on Education Innovation and
    Representative Wise





  1                      A bill to be entitled

  2         An act relating to nonprofit private schools;

  3         amending s. 159.27, F.S.; redefining the term

  4         "educational facility" to include property used

  5         for the operation of certain nonprofit private

  6         schools; providing requirements relating to

  7         financing; amending s. 623.13, F.S.;

  8         authorizing financing under the Florida

  9         Industrial Development Financing Act or by

10         industrial development authorities; providing

11         an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (22) of section 159.27, Florida

16  Statutes, is amended to read:

17         159.27  Definitions.--The following words and terms,

18  unless the context clearly indicates a different meaning,

19  shall have the following meanings:

20         (22)  "Educational facility" means property, limited to

21  a structure suitable for use as a dormitory or other housing

22  facility or a dining facility, that is operated in the public

23  sector and used for or useful in connection with the operation

24  of an institution for higher education, as defined in s.

25  243.20(8), which offers the baccalaureate or a higher degree

26  and that is constructed in compliance with applicable codes as

27  determined by appropriate state agencies. In addition,

28  "educational facility" means any property, without limitation,

29  used for or useful in the operation of any nonprofit private

30  preschool, kindergarten, or primary or secondary school that

31  is established under chapter 617 or chapter 623, or that is

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 1793

    603-119-98






  1  owned or operated by an organization described in section

  2  501(c)(3) of the U.S. Internal Revenue Code; provided,

  3  however, that the requirements of this part for the financing

  4  of projects through local agencies shall also apply to such

  5  schools and that bonds issued under the provisions of this

  6  part for such schools shall not be deemed to constitute a

  7  debt, liability, or obligation of the state or any political

  8  subdivision thereof, or a pledge of the faith and credit of

  9  the state or of any such political subdivision, but shall be

10  payable solely from the revenues provided therefor.

11         Section 2.  Section 623.13, Florida Statutes, is

12  amended to read:

13         623.13  Administration, supervision, and operation by

14  private persons or entities.--Any corporation organized and

15  existing under this act shall be administered, supervised,

16  operated, financed, and controlled exclusively by private

17  persons and private entities and their funds.  All persons

18  while acting in any public official capacity are hereby

19  specifically prohibited from engaging in any manner in such

20  administration, supervision, operation, financing, and control

21  of the affairs of such corporation. This section does not

22  prohibit the financing of educational facilities as provided

23  in part II or part III of chapter 159.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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