Senate Bill 0962

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    Florida Senate - 1998                                   SB 962

    By Senator Grant





    13-495A-98

  1                      A bill to be entitled

  2         An act relating to educational facilities;

  3         amending ss. 239.117, 240.35, F.S.; allowing

  4         community colleges to bond capital improvement

  5         fees for technology enhancement, maintenance,

  6         improvement, and renovation of educational

  7         facilities; providing an effective date.

  8

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

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11         Section 1.  Subsection (17) of section 239.117, Florida

12  Statutes, as amended by section 1 of chapter 97-383, Laws of

13  Florida, is amended to read:

14         239.117  Postsecondary student fees.--

15         (17)  Each school board and community college board of

16  trustees may establish a separate fee for capital

17  improvements, technology enhancements, or equipping buildings

18  which may not exceed 5 percent of the matriculation fee for

19  resident students or 5 percent of the matriculation and

20  tuition fee for nonresident students.  Funds collected by

21  community colleges through these fees may be bonded only for

22  the purpose of financing or refinancing new construction,

23  technology enhancement, maintenance, improvement, or

24  renovation of educational facilities. The fee shall be

25  collected as a component part of the registration and tuition

26  fees, paid into a separate account, and expended only to

27  construct and equip, maintain, improve, or enhance the

28  certificate career education or adult education facilities of

29  the school district or community college. Projects funded

30  through the use of the capital improvement fee must meet the

31  survey and construction requirements of chapter 235. Pursuant

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    Florida Senate - 1998                                   SB 962
    13-495A-98




  1  to s. 216.0158, each school board and community college board

  2  of trustees shall identify each project, including maintenance

  3  projects, proposed to be funded in whole or in part by such

  4  fee. Capital improvement fee revenues may be pledged by a

  5  board of trustees as a dedicated revenue source to the

  6  repayment of debt, including lease-purchase agreements and

  7  revenue bonds, with a term not to exceed 20 years, only for

  8  the new construction of educational facilities. Community

  9  colleges may use the services of the Division of Bond Finance

10  of the State Board of Administration to issue any bonds

11  authorized through the provisions of this subsection. Any such

12  bonds issued by the Division of Bond Finance must shall be in

13  compliance with the provisions of the State Bond Act. Bonds

14  issued pursuant to the State Bond Act must shall be validated

15  in the manner provided by chapter 75. The complaint for such

16  validation shall be filed in the circuit court of the county

17  where the seat of state government is situated, the notice

18  required to be published by s. 75.06 shall be published only

19  in the county where the complaint is filed, and the complaint

20  and order of the circuit court shall be served only on the

21  state attorney of the circuit in which the action is pending.

22  A maximum of 15 cents per credit hour may be allocated from

23  the capital improvement fee for child care centers conducted

24  by the school board or community college board of trustees.

25         Section 2.  Subsection (13) of section 240.35, Florida

26  Statutes, as amended by section 3 of chapter 97-383, Laws of

27  Florida, is amended to read:

28         240.35  Student fees.--Unless otherwise provided, the

29  provisions of this section apply only to fees charged for

30  college credit instruction leading to an associate degree,

31  including college-preparatory courses defined in s. 239.105.

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    Florida Senate - 1998                                   SB 962
    13-495A-98




  1         (13)  Each community college board of trustees may

  2  establish a separate fee for capital improvements or equipping

  3  student buildings which may not exceed $1 per credit hour or

  4  credit-hour equivalent for residents and which equals or

  5  exceeds $3 per credit hour for nonresidents.  Funds collected

  6  by community colleges through these fees may be bonded only

  7  for the purpose of financing or refinancing new construction,

  8  technology enhancement, maintenance, improvement, or

  9  renovation of educational facilities.  The fee shall be

10  collected as a component part of the registration and tuition

11  fees, paid into a separate account, and expended only to

12  construct and equip, maintain, improve, or enhance the

13  educational facilities of the community college.  Projects

14  funded through the use of the capital improvement fee shall

15  meet the survey and construction requirements of chapter 235.

16  Pursuant to s. 216.0158, each community college shall identify

17  each project, including maintenance projects, proposed to be

18  funded in whole or in part by such fee.  Capital improvement

19  fee revenues may be pledged by a board of trustees as a

20  dedicated revenue source to the repayment of debt, including

21  lease-purchase agreements and revenue bonds, with a term not

22  to exceed 20 years, only for the new construction of

23  educational facilities. Community colleges may use the

24  services of the Division of Bond Finance of the State Board of

25  Administration to issue any bonds authorized through the

26  provisions of this subsection. Any such bonds issued by the

27  Division of Bond Finance must shall be in compliance with the

28  provisions of the State Bond Act. Bonds issued pursuant to the

29  State Bond Act must shall be validated in the manner provided

30  by chapter 75. The complaint for such validation shall be

31  filed in the circuit court of the county where the seat of

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    Florida Senate - 1998                                   SB 962
    13-495A-98




  1  state government is situated, the notice required to be

  2  published by s. 75.06 shall be published only in the county

  3  where the complaint is filed, and the complaint and order of

  4  the circuit court shall be served only on the state attorney

  5  of the circuit in which the action is pending. A maximum of 15

  6  cents per credit hour may be allocated from the capital

  7  improvement fee for child care centers conducted by the

  8  community college.

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

10  law.

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13                          SENATE SUMMARY

14    Authorizes community colleges to bond capital-improvement
      fees for financing or refinancing technology enhancement,
15    maintenance, improvement, or renovation of educational
      facilities.
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