House Bill 1793er

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  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; providing

10         an effective date.

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

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

15  Statutes, is amended to read:

16         159.27  Definitions.--The following words and terms,

17  unless the context clearly indicates a different meaning,

18  shall have the following meanings:

19         (5)  "Project" means any capital project comprising an

20  industrial or manufacturing plant, a research and development

21  park, an agricultural processing or storage facility, a

22  warehousing or distribution facility, a headquarters facility,

23  a tourism facility, a convention or trade show facility, an

24  urban parking facility, a trade center, a health care

25  facility, an educational facility, a correctional or detention

26  facility, a motion picture production facility, a preservation

27  or rehabilitation of a certified historic structure, an

28  airport or port facility, a commercial project in an

29  enterprise zone, a pollution-control facility, a hazardous or

30  solid waste facility, a social service center, or a mass

31  commuting facility, including one or more buildings and other


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  1  structures, whether or not on the same site or sites; any

  2  rehabilitation, improvement, renovation, or enlargement of, or

  3  any addition to, any buildings or structures for use as a

  4  factory, a mill, a processing plant, an assembly plant, a

  5  fabricating plant, an industrial distribution center, a

  6  repair, overhaul, or service facility, a test facility, an

  7  agricultural processing or storage facility, a warehousing or

  8  distribution facility, a headquarters facility, a tourism

  9  facility, a convention or trade show facility, an urban

10  parking facility, a trade center, a health care facility, an

11  educational facility, a correctional or detention facility, a

12  motion picture production facility, a preservation or

13  rehabilitation of a certified historic structure, an airport

14  or port facility, a commercial project in an enterprise zone,

15  a pollution-control facility, a hazardous or solid waste

16  facility, a social service center, or a mass commuting

17  facility, and other facilities, including research and

18  development facilities, for manufacturing, processing,

19  assembling, repairing, overhauling, servicing, testing, or

20  handling of any products or commodities embraced in any

21  industrial or manufacturing plant, in connection with the

22  purposes of a research and development park, or other

23  facilities for or used in connection with an agricultural

24  processing or storage facility, a warehousing or distribution

25  facility, a headquarters facility, a tourism facility, a

26  convention or trade show facility, an urban parking facility,

27  a trade center, a health care facility, an educational

28  facility, a correctional or detention facility, a motion

29  picture production facility, a preservation or rehabilitation

30  of a certified historic structure, an airport or port

31  facility, or a commercial project in an enterprise zone or for


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  1  controlling air or water pollution or for the disposal,

  2  processing, conversion, or reclamation of hazardous or solid

  3  waste, a social service center, or a mass commuting facility;

  4  and including also the sites thereof and other rights in land

  5  therefor whether improved or unimproved, machinery, equipment,

  6  site preparation and landscaping, and all appurtenances and

  7  facilities incidental thereto, such as warehouses, utilities,

  8  access roads, railroad sidings, truck docking and similar

  9  facilities, parking facilities, office or storage or training

10  facilities, public lodging and restaurant facilities, dockage,

11  wharfage, solar energy facilities, and other improvements

12  necessary or convenient for any manufacturing or industrial

13  plant, research and development park, agricultural processing

14  or storage facility, warehousing or distribution facility,

15  tourism facility, convention or trade show facility, urban

16  parking facility, trade center, health care facility,

17  educational facility, a correctional or detention facility,

18  motion picture production facility, preservation or

19  rehabilitation of a certified historic structure, airport or

20  port facility, commercial project in an enterprise zone,

21  pollution-control facility, hazardous or solid waste facility,

22  social service center, or a mass commuting facility and any

23  one or more combinations of the foregoing.

24         (22)  "Educational facility" means:

25         (a)  Property, limited to a structure suitable for use

26  as a dormitory or other housing facility or a dining facility,

27  that is operated in the public sector and used for or useful

28  in connection with the operation of an institution for higher

29  education, as defined in s. 243.20(8), which offers the

30  baccalaureate or a higher degree and that is constructed in

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  1  compliance with applicable codes as determined by appropriate

  2  state agencies.

  3         (b)  Property that comprises the buildings and

  4  equipment, structures, and special education use areas that

  5  are built, installed, or established to serve primarily the

  6  educational purposes of operating any nonprofit private

  7  preschool, kindergarten, elementary school, middle school, or

  8  high school that is established under chapter 617 or chapter

  9  623, or that is owned or operated by an organization described

10  in s. 501(c)(3) of the United States Internal Revenue Code.

11  The requirements of this part for the financing of projects

12  through local agencies shall also apply to such schools.

13  Bonds issued under the provisions of this part for such

14  schools shall not be deemed to constitute a debt, liability,

15  or obligation of the state or any political subdivision

16  thereof, or a pledge of the faith and credit of the state or

17  of any such political subdivision, but shall be payable solely

18  from the revenues provided therefor.

19         Section 2.  Section 623.13, Florida Statutes, is

20  amended to read:

21         623.13  Administration, supervision, and operation by

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

23  existing under this act shall be administered, supervised,

24  operated, financed, and controlled exclusively by private

25  persons and private entities and their funds.  All persons

26  while acting in any public official capacity are hereby

27  specifically prohibited from engaging in any manner in such

28  administration, supervision, operation, financing, and control

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

30  prohibit the financing of educational facilities as provided

31  in part II of chapter 159.


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

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