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



                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Villalobos offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (3) of section 112.19, Florida

18  Statutes, is amended to read:

19         112.19  Law enforcement, correctional, and correctional

20  probation officers; death benefits.--

21         (3)  If a law enforcement, correctional, or

22  correctional probation officer is accidentally killed as

23  specified in paragraph (2)(b) on or after June 22, 1990, or

24  unlawfully and intentionally killed as specified in paragraph

25  (2)(c) on or after July 1, 1980, the state shall waive certain

26  educational expenses which children of the deceased officer

27  incur while obtaining a vocational-technical certificate, or

28  an undergraduate education, or a graduate or

29  post-baccalaureate professional degree. The amount waived by

30  the state shall be an amount equal to the cost of tuition and

31  matriculation and registration fees for a total of 120 credit

                                  1

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  hours for a vocational-technical certificate or an

  2  undergraduate education. For a child pursuing a graduate or

  3  post-baccalaureate professional degree, the amount waived

  4  shall equal the cost of tuition, matriculation, and

  5  registration fees incurred while the child continues to

  6  fulfill the professional requirements associated with the

  7  graduate or post-baccalaureate professional degree program.

  8  The child may attend a state vocational-technical school, a

  9  state community college, or a state university.  The child may

10  attend any or all of the institutions specified in this

11  subsection, on either a full-time or part-time basis.  For a

12  child pursuing a vocational-technical certificate or an

13  undergraduate education, the benefits provided under this

14  subsection shall continue to the child until the child's 25th

15  birthday.

16         (a)  Upon failure of any child benefited by the

17  provisions of this section to comply with the ordinary and

18  minimum requirements of the institution attended, both as to

19  discipline and scholarship, the benefits shall be withdrawn as

20  to the child and no further moneys may be expended for the

21  child's benefits so long as such failure or delinquency

22  continues.

23         (b)  Only a student in good standing in his or her

24  respective institution may receive the benefits thereof.

25         (c)  A child receiving benefits under this section must

26  be enrolled according to the customary rules and requirements

27  of the institution attended.

28         Section 2.  For fiscal year 2000-2001, $250,000 is

29  appropriated from recurring general revenue funds for waivers

30  authorized by this section for eligible students pursuing

31  graduate or post-baccalaureate professional degrees.

                                  2

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         Section 3.  (1)  The State Board of Education shall

  2  adopt by rule uniform policies and procedures to be

  3  implemented if a student athlete is arrested for a crime.  The

  4  uniform procedures shall apply to each institution in the

  5  State University System, each state community college, and any

  6  other institution of higher education that receives state

  7  funds.  The uniform policies and procedures must be included

  8  in the institution's handbook, manual, or other similar

  9  document regularly provided to faculty and students.

10         (2)  As used in this section, the term "student

11  athlete" means a student who participates in intercollegiate

12  athletics or who has informed the institution in writing of

13  the student's intent to participate in intercollegiate

14  athletics.

15         Section 4.  Short title.--Sections 4 through 33 of this

16  act may be referred to as the "Higher Educational Facilities

17  Financing Act."

18         Section 5.  Findings and declarations.--It is declared

19  that for the benefit of the people of the state, the increase

20  of their commerce, welfare, and prosperity, and the

21  improvement of their health and living conditions, it is

22  essential that this and future generations of youth be given

23  the fullest opportunity to learn and to develop their

24  intellectual and mental capacities; that it is essential for

25  private institutions of higher education in the state to be

26  provided with appropriate additional means to assist such

27  youth in achieving the required levels of learning and

28  development of their intellectual and mental capacities; that

29  it is the purpose of this act to provide a measure of

30  assistance and an alternative method enabling private

31  institutions of higher education of this state to provide the

                                  3

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  facilities and structures that are sorely needed to accomplish

  2  the purposes of this act; and that it is essential to provide

  3  additional assistance to private institutions of higher

  4  education by enabling those institutions to coordinate their

  5  budgetary needs with the timing of receipt of tuition

  6  revenues.

  7         Section 6.  Definitions.--As used in this act, the

  8  term:

  9         (1)  "Authority" or "educational facilities authority"

10  means the public corporation created by this act.

11         (2)  "Real property" includes all lands, including

12  improvements and fixtures thereon, and any such property

13  appurtenant thereto, or used in connection therewith and every

14  estate, interest and right, legal or equitable, therein,

15  including terms for years and liens by way of judgment,

16  mortgage, or otherwise and the indebtedness secured by such

17  liens. This definition does not affect the classification of

18  property as real property or tangible personal property for

19  purposes of ad valorem taxation under chapters 192 and 193,

20  Florida Statutes, or sales and use taxation under chapter 212,

21  Florida Statutes.

22         (3)  "Project" means a structure suitable for use as a

23  dormitory or other housing facility, dining hall, student

24  union, administration building, academic building, library,

25  laboratory, research facility, classroom, athletic facility,

26  health care facility, and maintenance, storage, or utility

27  facility, and other structures or facilities related thereto,

28  or required thereby, or required or useful for the instruction

29  of students, or the conducting of research, or the operation

30  of an institution of higher education, including parking and

31  other facilities or structures, essential for the orderly

                                  4

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  conduct of an institution of higher education and shall also

  2  include equipment and machinery and other similar items

  3  necessary for the operation of a particular facility or

  4  structure in the manner for which its use is intended, but the

  5  term does not include such items as books, fuel, supplies, or

  6  other items that are customarily considered to result in a

  7  current operating charge. The term also includes a loan in

  8  anticipation of tuition revenues by a private institution of

  9  higher education.

10         (4)  "Cost," as applied to a project or any portion

11  thereof financed under this act, embraces all or any part of

12  the cost of construction and acquisition of all lands,

13  structures, real or personal property, rights, rights-of-way,

14  franchises, easements, and interests acquired or used for a

15  project, the cost of demolishing or removing any buildings or

16  structures on land so acquired, including the cost of

17  acquiring any lands to which the buildings or structures may

18  be removed, the cost of all machinery and equipment, financing

19  charges, interest before, during, and for a period of 30

20  months after completion of the construction, provisions for

21  working capital, reserves for principal, interest and rebate,

22  and for extensions, enlargements, additions and improvements,

23  cost of engineering, financial and legal services, plans,

24  specifications, studies, surveys, estimates of cost and of

25  revenues, administrative expenses, expenses necessary to

26  determining the feasibility or practicability of constructing

27  the project and other expenses as may be necessary to the

28  construction and acquisition of the project, the financing of

29  the construction and acquisition and the placing of the

30  project in operation. In the case of a loan in anticipation of

31  tuition revenues, the term "cost" means the amount of the loan

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  in anticipation of revenues which does not exceed the amount

  2  of tuition revenues anticipated to be received by the

  3  borrowing institution of higher education in the 1-year period

  4  following the date of the loan, plus costs related to the

  5  issuance of the loans, or bonds, the proceeds of which fund

  6  the loans, and any related cost of debt service reserve funds

  7  and rebate associated therewith.

  8         (5)  "Bond" or "revenue bond" means a revenue bond of

  9  the authority issued under this act, including a revenue

10  refunding bond, notwithstanding that it may be secured by

11  mortgage or the full faith and credit of a participating

12  institution of higher education or any other lawfully pledged

13  security of a participating institution of higher education.

14         (6)  "Institution of higher education" means an

15  educational institution that by virtue of law or charter is a

16  nonprofit educational institution empowered to provide a

17  project of education beyond the high school level; is not

18  owned or controlled by the state or any political subdivision,

19  agency, instrumentality, district, or municipality of the

20  state; and otherwise meets the requirements of section 196.012

21  (5), Florida Statutes.

22         (7)  "Participating institution" means an institution

23  of higher education that undertakes the financing and

24  construction or acquisition of a project or undertakes the

25  refunding or refinancing of obligations or of a mortgage or of

26  advances as provided in and permitted by this act.

27         (8)  "Loan in anticipation of tuition revenues" means a

28  loan to an institution of higher education under circumstances

29  in which tuition revenues anticipated to be received by the

30  institution in any budget year are estimated to be

31  insufficient at any time during the budget year to pay the

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  operating expenses or other obligations of the institution in

  2  accordance with the budget of the institution.

  3         Section 7.  Creation of Higher Educational Facilities

  4  Financing Authority.--

  5         (1)  There is created a public body corporate and

  6  politic to be known as the Higher Educational Facilities

  7  Financing Authority. The authority is constituted as a public

  8  instrumentality and the exercise by the authority of the

  9  powers conferred by this act is considered to be the

10  performance of an essential public function. Chapters 119 and

11  286, Florida Statutes, shall apply to the authority.

12         (2)  The authority shall consist of five members to be

13  appointed by the Governor, subject to confirmation by the

14  Senate. One member shall be a trustee, director, officer, or

15  employee of an institution of higher education. Of the members

16  first appointed, one shall serve for 1 year, one for 2 years,

17  one for 3 years, one for 4 years, and one for 5 years, and in

18  each case until his or her successor is appointed and has

19  qualified. Thereafter, the Governor shall appoint for terms of

20  5 years each a member or members to succeed those whose terms

21  expire. The Governor shall fill any vacancy for an unexpired

22  term. A member of the authority is eligible for reappointment.

23  Any member of the authority may be removed by the Governor for

24  misfeasance, malfeasance, or willful neglect of duty. Each

25  member of the authority before entering upon his or her duties

26  shall take and subscribe to the oath or affirmation required

27  by the State Constitution. A record of each oath must be filed

28  in the office of the Department of State and with the

29  authority.

30         (3)  The authority shall annually elect one of its

31  members as chair and one as vice chair, and shall also appoint

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  an executive director who is not a member of the authority and

  2  who serves at the pleasure of the authority and receives

  3  compensation as fixed by the authority.  The duties of the

  4  executive director may be discharged under a contract with the

  5  Independent Colleges and Universities of Florida, a

  6  not-for-profit corporation representing the independent

  7  colleges and universities of the state, or any successor

  8  corporation or other such entity providing similar

  9  representation, chosen by the authority, or an agency or other

10  entity representing independent colleges and universities

11  providing such services, in which case the entity shall

12  designate a person to perform those duties.

13         (4)  The executive director shall keep a record of the

14  proceedings of the authority and shall be custodian of all

15  books, documents, and papers filed with the authority and of

16  the minute book or journal of the authority and of its

17  official seal. He or she may cause copies to be made of all

18  minutes and other records and documents of the authority and

19  may give certificates under the official seal of the authority

20  to the effect that the copies are true copies, and all persons

21  dealing with the authority may rely upon the certificates.

22         (5)  A majority of the members of the authority

23  constitutes a quorum, and the affirmative vote of a majority

24  of the members present at a meeting of the authority is

25  necessary for any action taken by the authority.  A vacancy in

26  the membership of the authority may not impair the right of a

27  quorum to exercise all the rights and perform all the duties

28  of the authority. Any action taken by the authority under this

29  act may be authorized by resolution at any regular or special

30  meeting, and each resolution shall take effect immediately and

31  need not be published or posted.

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         (6)  The members of the authority shall receive no

  2  compensation for the performance of their duties, but each

  3  member shall be paid his or her necessary expenses incurred

  4  while engaged in the performance of his or her duties.

  5         (7)  The authority is assigned to the Department of

  6  Education for administrative purposes.

  7         Section 8.  Powers of authority.--The purpose of the

  8  authority is to assist institutions of higher education in the

  9  construction, financing, and refinancing of projects

10  throughout the state and for this purpose the authority may:

11         (1)  Exercise all powers granted to corporations under

12  the Florida Business Corporation Act, chapter 607, Florida

13  Statutes.

14         (2)  Have perpetual succession as a body politic and

15  corporate and adopt bylaws for the regulation of its affairs

16  and the conduct of its business.

17         (3)  Adopt an official seal and alter the same at its

18  pleasure.

19         (4)  Maintain an office at any place in the state that

20  it may designate.

21         (5)  Sue and be sued in its own name, and plead and be

22  impleaded.

23         (6)  Make and execute financing agreements, leases, as

24  lessee or as lessor, contracts, deeds, and other instruments

25  necessary or convenient in the exercise of the powers and

26  functions of the authority under this act, including contracts

27  with persons, firms, corporations, federal and state agencies,

28  and other authorities, which state agencies and other

29  authorities are hereby authorized to enter into contracts and

30  otherwise cooperate with the authority to facilitate the

31  financing, construction, leasing, or sale of any project or

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  the institution of any program; engage in sale-leaseback,

  2  lease-purchase, lease-leaseback, or other undertakings and

  3  provide for the sale of certificates of participation incident

  4  thereto; enter into interlocal agreements in the manner

  5  provided in section 163.01, Florida Statutes.

  6         (7)  Determine the location and character of any

  7  project to be financed under this act and may:

  8         (a)  Construct, reconstruct, maintain, repair, operate,

  9  lease as lessee or lessor, and regulate the project;

10         (b)  Enter into contracts for any of those purposes;

11         (c)  Enter into contracts for the management and

12  operation of a project; and

13         (d)  Designate a participating institution of higher

14  education as its agent to determine the location and character

15  of a project undertaken by a participating institution of

16  higher education under this act and, as the agent of the

17  authority, construct, reconstruct, maintain, repair, operate,

18  own, lease as lessee or lessor, and regulate the project, and,

19  as the agent of the authority, enter into contracts for any of

20  those purposes, including contracts for the management and

21  operation of the project.

22         (8)  Issue bonds, bond anticipation notes, and other

23  obligations of the authority for any of its corporate

24  purposes, including the providing of funds to pay all or any

25  part of the cost of any project, and to fund or refund the

26  cost of any project as provided in this act.

27         (9)  Generally fix and revise and charge and collect

28  rates, rents, fees, and charges for the use of and for the

29  services furnished or to be furnished by a project or any

30  portion thereof and to contract with any person, partnership,

31  association, or corporation or other body public or private in

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  respect thereof.

  2         (10)  Establish rules and regulations for the use of a

  3  project or any portion thereof and designate a participating

  4  institution of higher education as its agent to establish

  5  rules and regulations for the use of a project undertaken by

  6  the participating institution of higher education.

  7         (11)  Employ consulting engineers, architects,

  8  attorneys, accountants, construction and financial experts,

  9  superintendents, managers, and other employees and agents as

10  may be necessary in its judgment, and fix their compensation.

11         (12)  Receive and accept from any public agency loans

12  or grants for or in aid of the construction of a project or

13  any portion thereof, and receive and accept loans, grants,

14  aid, or contributions from any source of either money,

15  property, labor, or other things of value, to be held, used,

16  and applied only for the purposes for which the loans, grants,

17  aid, and contributions are made.

18         (13)  Mortgage any project and the site thereof for the

19  benefit of the holders of revenue bonds issued to finance

20  projects or those providing credit for that purpose.

21         (14)  Make loans to any participating institution of

22  higher education for the cost of a project, including a loan

23  in anticipation of tuition revenues, in accordance with an

24  agreement between the authority and the participating

25  institution of higher education; but no loan may exceed the

26  total cost of the project as determined by the participating

27  institution of higher education and approved by the authority.

28         (15)  Make loans to a participating institution of

29  higher education to refund outstanding obligations, mortgages,

30  or advances issued, made, or given by the participating

31  institution of higher education for the cost of a project.

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         (16)  Charge to and equitably apportion among

  2  participating institutions of higher education its

  3  administrative costs and expenses incurred in the exercise of

  4  the powers and duties conferred by this act.

  5         (17)  Contract with an entity representing independent

  6  colleges and universities as its agent to assist the authority

  7  in screening applications of institutions of higher education

  8  for loans under this act and receive any recommendations the

  9  entity may make.

10         (18)  Do all things necessary or convenient to carry

11  out the purposes of this act.

12         Section 9.  Payment of expenses.--All expenses incurred

13  in carrying out this act are payable solely from funds

14  provided under the authority of this act, and no liability or

15  obligation may be incurred by the authority beyond the extent

16  to which moneys have been provided under this act.

17         Section 10.  Acquisition of real property.--The

18  authority may directly, or by and through a participating

19  institution of higher education as its agent, acquire by

20  purchase or lease solely from funds provided under this act,

21  or by gift or devise, any lands, structures, property, real or

22  personal, rights, rights-of-way, franchises, easements, and

23  other interests in lands, including lands lying underwater,

24  and riparian rights, which are located within or outside the

25  state as it may consider necessary or convenient for the

26  construction or operation of a project, upon terms and at

27  prices as are considered by it to be reasonable and that can

28  be agreed upon between it and the owner thereof, and to take

29  title thereto in the name of the authority or in the name of a

30  participating institution of higher education as its agent or

31  as an owner and borrower.

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         Section 11.  Conveyance of title or interest to

  2  participating institutions.--When the principal of and

  3  interest on revenue bonds of the authority issued to finance

  4  the cost of a particular project or projects at a

  5  participating institution of higher education, including any

  6  revenue refunding bonds issued to refund and refinance the

  7  revenue bonds, have been fully paid and retired, or when

  8  adequate provision has been made to pay fully and retire them,

  9  and all other conditions of the resolution or trust agreement

10  authorizing and securing the revenue bonds have been satisfied

11  and the lien of the resolution or trust agreement has been

12  released in accordance with the provisions thereof, the

13  authority shall promptly execute deeds and conveyances

14  necessary and required to convey title to the project or

15  projects to the participating institution of higher education,

16  free and clear of all liens and encumbrances.

17         Section 12.  Criteria and requirements.--In undertaking

18  any project under this act, the authority shall be guided by

19  and shall observe the following criteria and requirements;

20  however, the determination of the authority as to compliance

21  with the criteria and requirements is final and conclusive:

22         (1)  The project, in the determination of the

23  authority, is appropriate to the needs and circumstances of,

24  and shall make a significant contribution to the purposes of,

25  the authority and this act as set forth in the findings and

26  declarations, and shall serve a public purpose by advancing

27  the prosperity and general welfare of the state and its

28  people.

29         (2)  A financing agreement for a project may not be

30  entered into with a participating institution that is not

31  financially responsible and fully capable of and willing to

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  fulfill its obligations under the financing agreement,

  2  including the obligations to make payments in the amounts and

  3  at the times required; to operate, repair, and maintain at its

  4  own expense the project owned or leased; and to serve the

  5  purposes of this act and any other responsibilities that may

  6  be imposed under the financing agreement. In determining the

  7  financial responsibility of the participating institution,

  8  consideration must be given to the party's ratio of current

  9  assets to current liabilities; net worth; endowments; pledges;

10  earning trends; coverage of all fixed charges; the nature of

11  the project involved; its inherent stability; any guarantee of

12  the obligations by some other financially responsible

13  corporation, firm, or person; means by which the bonds are to

14  be marketed to the public; and other factors determinative of

15  the capability of the participating institution, financially

16  and otherwise, to fulfill its obligations consistently with

17  the purposes of this act.  In making findings and

18  determinations, the authority may rely upon the

19  recommendations of the entity representing independent

20  colleges and universities.

21         (3)  Adequate provision must be made for the operation,

22  repair, and maintenance of the project at the expense of the

23  owner or lessee and for the payment of principal of and

24  interest on the bonds.

25         (4)  The costs to be paid from the proceeds of the

26  bonds are costs of a project within the meaning of this act,

27  except for payments included in the purposes for which revenue

28  refunding bonds may be issued under this act.

29         Section 13.  Approval required to issue bonds.--The

30  authority is created for the purpose of promoting higher

31  education and issuing bonds on behalf of the state, and the

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  Governor may approve any bonds issued by the authority which

  2  require approval under federal law.

  3         Section 14.  Agreements of sale, lease, or loan.--

  4         (1)  A project financed under this act may not be

  5  operated by the authority or any other governmental agency,

  6  except that the authority may temporarily operate or cause to

  7  be operated all or any part of a project to protect its

  8  interest therein, pending any leasing or sale of the project.

  9  A project acquired or constructed by the authority, unless

10  sold or contracted to be sold, must be leased to one or more

11  persons, firms, or private corporations for operation and

12  maintenance in a manner as will effectuate the purposes of

13  this act, under an agreement of sale, installment sale, lease

14  or loan, in form and substance not inconsistent herewith. Any

15  agreement may provide, among other provisions, that:

16         (a)  The owner or lessee shall at its own expense

17  operate, repair, and maintain the project sold or leased

18  thereunder.

19         (b)  The payments or rent payable under the agreement

20  will in the aggregate be not less than an amount sufficient to

21  pay all of the interest, principal, and redemption premiums,

22  if any, on the bonds that will be issued by the authority to

23  pay the cost of the project sold or leased thereunder.

24         (c)  The owner or lessee shall pay all other costs

25  incurred by the authority in connection with the financing,

26  construction, and administration of the project sold or

27  leased, except as may be paid out of the proceeds of bonds or

28  otherwise, including, but without being limited to, insurance

29  costs, the cost of administering the bond resolution

30  authorizing the bonds and any trust agreement securing the

31  bonds, and the fees and expenses of the authority, trustees,

                                  15

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  paying agents, attorneys, consultants, and others.

  2         (d)  The term of an agreement will terminate not

  3  earlier than the date on which all bonds and all other

  4  obligations incurred by the authority in connection with the

  5  project sold or leased thereunder are paid in full, including

  6  interest, principal, and redemption premiums, if any, or on

  7  which adequate funds for payment are deposited in trust.

  8         (e)  The owner or lessee's obligation to pay payments

  9  or rent is not subject to cancellation, termination, or

10  abatement until payment of the bonds or provision for payment

11  is made.

12         (2)  An agreement may contain additional provisions

13  that in the determination of the authority are necessary to

14  effectuate the purposes of this act, including provisions for

15  extensions of the term and renewals of the sale or the lease

16  and vesting in the lessee an option to purchase the project

17  leased thereunder pursuant to any terms and conditions

18  consistent with this act that are prescribed in the lease;

19  however, except as is otherwise expressly stated in the

20  agreement and except to provide for any contingencies

21  involving the damaging, destruction, or condemnation of the

22  project or any substantial portion thereof, an option to

23  purchase may not be exercised unless all bonds issued for the

24  project, including all principal, interest, and redemption

25  premiums, if any, and all other obligations incurred by the

26  authority in connection with the project have been paid in

27  full or sufficient funds have been deposited in trust or

28  sufficient arrangements have been made for payment. However,

29  the purchase price of the project may not be less than an

30  amount sufficient to pay in full all of the bonds, including

31  all principal, interest, and redemption premium, if any,

                                  16

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  issued for the project then outstanding and all other

  2  obligations incurred by the authority in connection with the

  3  project.

  4         Section 15.  Notes of authority.--The authority may

  5  issue its negotiable notes for any corporate purpose and renew

  6  any notes by the issuance of new notes, whether the notes to

  7  be renewed have or have not matured. The authority may issue

  8  notes partly to renew notes or to discharge other obligations

  9  then outstanding and partly for any other purpose. The notes

10  may be authorized, sold, executed, and delivered in the same

11  manner as bonds. Any resolution authorizing notes of the

12  authority or any issue thereof may contain any provisions that

13  the authority is authorized to include in any resolution

14  authorizing revenue bonds of the authority or any issue

15  thereof, and the authority may include in any notes any terms,

16  covenants, or conditions that it is authorized to include in

17  any bonds. All the notes must be payable solely from the

18  revenues of the project to be financed, subject only to any

19  contractual rights of the holders of any of its notes or other

20  obligations then outstanding.

21         Section 16.  Revenue bonds.--

22         (1)  The authority may issue its negotiable revenue

23  bonds for any corporate purpose, including the provision of

24  funds to pay all or any part of the cost of any project. In

25  anticipation of the sale of revenue bonds, the authority may

26  issue negotiable bond anticipation notes and may renew them

27  from time to time, but the maximum maturity of any note,

28  including renewals thereof, may not exceed 5 years from the

29  date of issue of the original note. The notes must be paid

30  from any revenues of the authority available therefor or of

31  the project and not otherwise pledged, or from the proceeds of

                                  17

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  sale of the revenue bonds of the authority in anticipation of

  2  which they were issued. The notes must be issued in the same

  3  manner as the revenue bonds. The notes and the resolution

  4  authorizing them may contain any provisions, conditions, or

  5  limitations that a bond resolution of the authority may

  6  contain.

  7         (2)  The revenue bonds and notes of every issue must be

  8  payable solely out of revenues of the authority, including the

  9  provision of funds of the participating institution to pay all

10  or any part of the cost of any project, subject only to any

11  agreements with the holders of particular revenue bonds or

12  notes pledging any particular revenues. Notwithstanding that

13  revenue bonds and notes may be payable from a special fund,

14  they are for all purposes negotiable instruments, subject only

15  to the provisions of the revenue bonds and notes for

16  registration.

17         (3)  The revenue bonds may be issued as serial bonds or

18  as term bonds; or the authority may issue bonds of both types.

19  The revenue bonds must be authorized by resolution of the

20  authority; must bear the date of issuance, the date of

21  maturity, not exceeding 50 years from issuance, and the

22  interest rate of the bonds, which may be a variable rate,

23  notwithstanding any limitation in other laws relating to

24  maximum interest rates; must be payable at a specified time;

25  must be in specified denominations; must be in specified form,

26  carry registration privileges, be executed in a specified

27  manner, be payable in lawful money of the United States at a

28  specified place, and be subject to the terms of redemption, as

29  the resolution may provide. The revenue bonds or notes may be

30  sold at public or private sale for the price the authority

31  determines. Pending preparation of the definitive bonds, the

                                  18

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  authority may issue interim receipts or certificates that may

  2  be exchanged for the definitive bonds. In case any officer

  3  whose signature, or a facsimile of whose signature, appears on

  4  any bonds or coupons ceases to be that officer before the

  5  delivery of the bonds, the signature or facsimile is

  6  nevertheless valid and sufficient for all purposes as if he or

  7  she had remained in office until delivery. The authority may

  8  also provide for the authentication of the bonds by a trustee

  9  or fiscal agent. The bonds may be issued in coupon form or in

10  registered form, or both, as the authority may determine, and

11  provision may be made for the registration of any coupon bonds

12  as to principal alone and also as to both principal and

13  interest; for the reconversion into coupon bonds of any bonds

14  registered as to both principal and interest; and for the

15  interchange of registered and coupon bonds. The authority may

16  sell the bonds either at public or private sale, and for the

17  price it determines will best effectuate the purpose of this

18  act, notwithstanding any limitation in other laws relating to

19  the maximum interest rate permitted for bonds or limitations

20  on the manner by which bonds are sold.

21         (4)  Any resolution authorizing any revenue bonds may

22  contain provisions, which are a part of the contract with the

23  holders of the revenue bonds to be authorized, as to:

24         (a)  Pledging of all or any part of the revenues of a

25  project or any revenue-producing contract made by the

26  authority with any individual, partnership, corporation, or

27  association or other body, public or private, to secure the

28  payment of the revenue bonds or of any particular issue of

29  revenue bonds, subject to any agreements with bondholders as

30  may then exist.

31         (b)  The rentals, fees, and other charges to be

                                  19

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  charged, and the amounts to be raised in each year thereby,

  2  and the use and disposition of the revenues.

  3         (c)  The setting aside of reserves or sinking funds and

  4  the regulation and disposition thereof.

  5         (d)  Limitations on the right of the authority or its

  6  agent to restrict and regulate the use of the project.

  7         (e)  Limitations on the purpose to which the proceeds

  8  of sale of any issue of revenue bonds then or thereafter to be

  9  issued may be applied and pledging the proceeds to secure the

10  payment of the revenue bonds or any issue of the revenue

11  bonds.

12         (f)  Limitations on the issuance of additional bonds,

13  the terms upon which additional bonds may be issued and

14  secured, and the refunding of outstanding bonds.

15         (g)  The procedure, if any, by which the terms of any

16  contract with bondholders may be amended or abrogated,

17  including the amount of bonds the holders of which must

18  consent thereto and the manner in which consent may be given.

19         (h)  Limitations on the amount of moneys derived from

20  the project to be expended for operating, administrative, or

21  other expenses of the authority.

22         (i)  The acts or omissions to act that constitute a

23  default in the duties of the authority to holders of its

24  obligations and providing the rights and remedies of the

25  holders in the event of a default.

26         (j)  The mortgaging of or granting of a security

27  interest in the project or the site thereof for the purpose of

28  securing the bondholders.

29         (5)  Neither the members of the authority nor any

30  person executing the revenue bonds or notes is liable

31  personally on the revenue bonds or notes or is subject to any

                                  20

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  personal liability or accountability by reason of the issuance

  2  thereof.

  3         (6)  The authority may purchase its bonds or notes out

  4  of any funds available therefor. The authority may hold,

  5  pledge, cancel, or resell the bonds, subject to and in

  6  accordance with agreements with bondholders.

  7         (7)  Incident to its powers to issue bonds and notes,

  8  the authority may enter into interest rate swap agreements,

  9  collars, caps, forward securities purchase agreements, delayed

10  delivery bond purchase agreements, and any other financial

11  agreements considered to be in the best interest of the

12  authority.

13         (8)  Bonds may be issued under this act without

14  obtaining, except as otherwise expressly provided in this act,

15  the consent of any department, division, commission, board,

16  body, bureau, or agency of the state or any local government,

17  and without any other proceedings or the happening of any

18  conditions or things other than those proceedings, conditions,

19  or things that are specifically required by this act and the

20  resolution authorizing the issuance of bonds or the trust

21  agreement securing them.

22         Section 17.  Authority reporting requirement.--

23         (1)  Any authority that issues any revenue bonds under

24  this act shall supply the Division of Bond Finance of the

25  State Board of Administration with a copy of the report

26  required in s. 103 of the Internal Revenue Code of 1954, as

27  amended, at the times required under that section.

28         (2)  The Division of Bond Finance shall, upon receipt,

29  provide a copy of the information supplied under subsection

30  (1) to the Department of Education.

31         Section 18.  Covenants.--Any resolution authorizing the

                                  21

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  issuance of bonds may contain any covenants the authority

  2  considers advisable, including those provisions set forth in

  3  section 13(4), and all those covenants constitute valid and

  4  legally binding and enforceable contracts between the

  5  authority and the bondholders, regardless of the time of

  6  issuance thereof. The covenants may include, without

  7  limitation, covenants concerning the disposition of the bond

  8  proceeds, the use and disposition of project revenues, the

  9  pledging of revenues and assessments, the obligations of the

10  authority with respect to the operation of the project and the

11  maintenance of adequate project revenues, the issuance of

12  additional bonds, the appointment, powers, and duties of

13  trustees and receivers, the acquisition of outstanding bonds

14  and obligations, restrictions on the establishing of competing

15  projects or facilities, restrictions on the sale or disposal

16  of the assets and property of the authority, the maintenance

17  of deposits to assure the payment of the bonds issued

18  hereunder, acceleration upon default, the execution of

19  necessary instruments, the procedure for amending or

20  abrogating covenants with the bondholders, and any other

21  covenants considered necessary for the security of the

22  bondholders.

23         Section 19.  Validity of bonds; validation

24  proceedings.--Any bonds issued by the authority are

25  incontestable in the hands of bona fide purchasers or holders

26  for value and are not invalid because of any irregularity or

27  defect in the proceedings for the issue and sale thereof.

28  Before the issuance of any bonds, the authority shall publish

29  a notice at least once in a newspaper or newspapers published

30  or of general circulation in the county or counties in the

31  state in which the project will be located, stating the date

                                  22

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  of adoption of the resolution authorizing the obligations, the

  2  amount, maximum rate of interest, and maturity of the

  3  obligations, and the purpose in general terms for which the

  4  obligations are to be issued, and further stating that no

  5  action or proceeding questioning the validity of the

  6  obligations or of the proceedings authorizing the issuance

  7  thereof, or of any covenants made therein, must be instituted

  8  within 20 days after the first publication of the notice, or

  9  the validity of the obligations, proceedings, and covenants

10  may not be thereafter questioned in any court. If no action or

11  proceeding is instituted within the 20-day period, then the

12  validity of the obligations, proceedings, and covenants is

13  conclusive, and all persons or parties whatsoever are forever

14  barred from questioning the validity of the obligations,

15  proceedings, or covenants in any court. Notwithstanding this

16  section, the bonds, notes, or other obligations issued by the

17  authority and the obligations of any participating

18  institution, or others providing credit for the obligations,

19  who may be before the jurisdiction of the court, must be

20  validated in the manner provided by chapter 75, Florida

21  Statutes, and the jurisdiction of the action may be in the

22  jurisdiction of the circuit court where the project is to be

23  located, or in the discretion of the authority, in the county

24  seat of state government.

25         Section 20.  Act furnishes full authority for issuance

26  of bonds.--This act constitutes full authority for the

27  issuance of bonds and the exercise of the powers of the

28  authority provided in this act. Any bonds issued by the

29  authority are not secured by the full faith and credit of the

30  state and do not constitute an obligation, either general or

31  special, of the state.

                                  23

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         Section 21.  Security of bondholders.--In the

  2  discretion of the authority any revenue bonds issued under

  3  this act may be secured by a trust agreement by and between

  4  the authority and a corporate trustee or trustees, which may

  5  be any trust company or bank having the powers of a trust

  6  company within or without the state. The trust agreement or

  7  the resolution providing for the issuance of revenue bonds may

  8  pledge or assign the revenues to be received or the proceeds

  9  of any contract or contracts pledged and may convey or

10  mortgage the project or any portion thereof. The trust

11  agreement or resolution providing for the issuance of revenue

12  bonds may contain provisions for protecting and enforcing the

13  rights and remedies of the bondholders as may be reasonable

14  and proper and not in violation of law, including particularly

15  those provisions specifically authorized by this act to be

16  included in any resolution of the authority authorizing

17  revenue bonds. Any bank or trust company incorporated under

18  the laws of this state or of any other state or the United

19  States which may legally act as depository of the proceeds of

20  bonds or of revenues or other moneys or security may furnish

21  indemnifying bonds or pledge securities required by the

22  authority, if any. Any trust agreement may set forth the

23  rights and remedies of the bondholders and of the trustee or

24  trustees, and may restrict the individual right of action by

25  bondholders. In addition any trust agreement or resolution may

26  contain any other provisions the authority may consider

27  reasonable and proper for the security of the bondholders. All

28  expenses incurred in carrying out the trust agreement or

29  resolution may be treated as a part of the cost of the

30  operation of a project.

31         Section 22.  Payment of bonds.--Revenue bonds issued

                                  24

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  under this act may not be considered to constitute a debt or

  2  liability of the authority, any municipality, the state or any

  3  political subdivision thereof or a pledge of the faith and

  4  credit of the state, of the authority, of any municipality or

  5  of any political subdivision, but are payable solely from

  6  revenues of the authority pertaining to the project relating

  7  to the issue; payments by participating institutions of higher

  8  education, banks, insurance companies, or others under letters

  9  of credit or purchase agreements; investment earnings from

10  funds or accounts maintained under the bond resolution;

11  insurance proceeds; loan funding deposits; proceeds of sales

12  of education loans; proceeds of refunding obligations; and

13  fees, charges, and other revenues of the authority from the

14  project.  All revenue bonds must contain on the face thereof a

15  statement to the effect that neither the authority, any

16  municipality, the state, nor any political subdivision thereof

17  is obligated to pay the bond or the interest thereon except

18  from revenues of the project or the portion thereof for which

19  they are issued, and that neither the faith and credit nor the

20  taxing power of the authority, any municipality, the state, or

21  any political subdivision thereof is pledged to the payment of

22  the principal of or the interest on the bonds. The issuance of

23  revenue bonds under this act may not directly or indirectly or

24  contingently obligate the authority, any municipality, the

25  state, or any political subdivision thereof to levy or to

26  pledge any form of taxation therefor or to make any

27  appropriation for their payment.

28         Section 23.  Rates, rents, fees, and charges.--

29         (1)  The authority may fix, revise, charge, and collect

30  rates, rents, fees, and charges for the use of and for the

31  services furnished or to be furnished by each project and may

                                  25

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  contract with any person, partnership, association or

  2  corporation, or other body, public or private, in respect

  3  thereof. The rates, rents, fees, and charges must be fixed and

  4  adjusted in respect of the aggregate of rates, rents, fees,

  5  and charges from the project so as to provide funds sufficient

  6  with other revenues, if any:

  7         (a)  To pay the cost of maintaining, repairing, and

  8  operating the project and each portion thereof, to the extent

  9  that the payment of the cost has not otherwise been adequately

10  provided for.

11         (b)  To pay the principal of and the interest on

12  outstanding revenue bonds of the authority issued in respect

13  of the project as the bonds become due and payable.

14         (c)  To create and maintain reserves required or

15  provided for in any resolution authorizing, or trust agreement

16  securing, the revenue bonds of the authority. The rates,

17  rents, fees, and charges are not subject to supervision or

18  regulation by any department, commission, board, body, bureau,

19  or agency of this state other than the authority.

20         (2)  A sufficient amount of the revenues derived in

21  respect of a project, except the part of the revenues

22  necessary to pay the cost of maintenance, repair, and

23  operation and to provide reserves and for renewals,

24  replacements, extensions, enlargements, and improvements

25  provided for in the resolution authorizing the issuance of any

26  revenue bonds of the authority or in the trust agreement

27  securing them must be set aside at regular intervals as

28  provided in the resolution or trust agreement in a sinking or

29  other similar fund that is hereby pledged to, and charged

30  with, the payment of the principal of and the interest on the

31  revenue bonds as they become due and the redemption price or

                                  26

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  the purchase price of bonds retired by call or purchase as

  2  therein provided. The pledge must be valid and binding from

  3  the time when the pledge is made; the rates, rents, fees,

  4  charges, and other revenues or other moneys so pledged and

  5  thereafter received by the authority must immediately be

  6  subject to the lien of the pledge without any physical

  7  delivery thereof or further act, and the lien of any pledge is

  8  valid and binding as against all parties having claims of any

  9  kind in tort, contract, or otherwise against the authority,

10  irrespective of whether the parties have notice thereof.

11  Neither the resolution nor any trust agreement by which a

12  pledge is created need be filed or recorded except in the

13  records of the authority.

14         (3)  The use and disposition of moneys to the credit of

15  a sinking or other similar fund must be subject to the

16  resolution authorizing the issuance of the bonds or of the

17  trust agreement. Except as may otherwise be provided in the

18  resolution or the trust agreement, the sinking or other

19  similar fund must be a fund for all revenue bonds issued to

20  finance projects at a particular institution for higher

21  education without distinction or priority of one over another.

22  However, the authority in any resolution or trust agreement

23  may provide that the sinking or other similar fund be the fund

24  for a particular project at an institution for higher

25  education and for the revenue bonds issued to finance a

26  particular project, and may, additionally, permit and provide

27  for the issuance of revenue bonds having a subordinate lien in

28  respect of the security authorized to other revenue bonds of

29  the authority, and, in such case, the authority may create

30  separate sinking or other similar funds in respect of the

31  subordinate lien bonds.

                                  27

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         Section 24.  Trust funds.--All moneys received under

  2  the authority of this act, whether as proceeds from the sale

  3  of bonds or as revenues, are considered to be trust funds to

  4  be held and applied solely as provided in this act. Any

  5  officer with whom, or any bank or trust company with which,

  6  the moneys are deposited shall act as trustee of the moneys

  7  and shall hold and apply them for the purposes of this act,

  8  subject to the regulations this act and the resolution

  9  authorizing the bonds of any issue or the trust agreement

10  securing the bonds provides.

11         Section 25.  Remedies of bondholders.--Any holder of

12  revenue bonds issued under this act or any of the coupons

13  appertaining thereto, and the trustee or trustees under any

14  trust agreement, except to the extent the rights given may be

15  restricted by any resolution authorizing the issuance of, or

16  any such trust agreement securing, the bonds, may, either at

17  law or in equity, by suit, action, mandamus, or other

18  proceedings, protect and enforce any rights under the laws of

19  the state or granted hereunder or under the resolution or

20  trust agreement, and may enforce and compel the performance of

21  all duties required by this act or by the resolution or trust

22  agreement to be performed by the authority or by any officer,

23  employee, or agent thereof, including the fixing, charging,

24  and collecting of the rates, rents, fees, and charges

25  authorized and required by the provisions of the resolution or

26  trust agreement to be fixed, established, and collected.

27         Section 26.  Tax exemption.--The exercise of the powers

28  granted by this act will be in all respects for the benefit of

29  the people of this state, for the increase of their commerce,

30  education, welfare, and prosperity, and for the improvement of

31  their health and living conditions, and because the operation

                                  28

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  and maintenance of a project by the authority or its agent or

  2  the owner or lessee thereof, as authorized in this act, will

  3  constitute the performance of an essential public function,

  4  neither the authority nor its agent is required to pay any

  5  taxes or assessments upon or in respect of a project or any

  6  property acquired or used by the authority or its agent under

  7  the provisions of this act or upon the income therefrom, and

  8  any bonds issued under this act, any security therefor, their

  9  transfer, and the income therefrom, including any profit made

10  on the sale thereof, and all notes, mortgages, security

11  agreements, letters of credit, or other instruments that arise

12  out of or are given to secure the repayment of bonds issued in

13  connection with a project financed under this part, shall at

14  all times be free from taxation by the state or any local

15  unit, political subdivision, or other instrumentality of the

16  state. The exemption granted by this section is not applicable

17  to any tax imposed by chapter 220, Florida Statutes, on

18  interest, income, or profits or on debt obligations owned by

19  corporations.

20         Section 27.  Refunding bonds.--

21         (1)  The authority may provide for the issuance of

22  revenue bonds of the authority for the purpose of refunding

23  any revenue bonds of the authority then outstanding, including

24  the payment of any redemption premium thereon and any interest

25  accrued or to accrue to the earliest or subsequent date of

26  redemption, purchase, or maturity of the revenue bonds, and,

27  if considered advisable by the authority, for the additional

28  purpose of paying all or any part of the cost of constructing

29  and acquiring additions, improvements, extensions, or

30  enlargements of a project or any portion thereof.

31         (2)  The proceeds of any revenue bonds issued for the

                                  29

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  purpose of refunding outstanding revenue bonds may be applied

  2  to the purchase or retirement at maturity or redemption of the

  3  outstanding revenue bonds either on their earliest or any

  4  subsequent redemption date or upon the purchase or at the

  5  maturity thereof and may, pending the application, be placed

  6  in escrow to be applied to the purchase or retirement at

  7  maturity or redemption on the date as may be determined by the

  8  authority.

  9         (3)  Any escrowed proceeds, pending use, may be

10  invested and reinvested in direct obligations of the United

11  States of America, or in certificates of deposit or time

12  deposits secured by direct obligations of the United States,

13  or other investments as the resolution authorizing the

14  issuance and sale of the bonds, or the trust agreement, may

15  provide, maturing at the time or times as shall be appropriate

16  to assure the prompt payment, as to principal, interest, and

17  redemption premium, if any, of the outstanding revenue bonds

18  to be so refunded. The interest, income, and profits, if any,

19  earned or realized on any such investment may also be applied

20  to the payment of the outstanding revenue bonds to be so

21  refunded. After the terms of the escrow have been fully

22  satisfied and carried out, any balance of the proceeds and

23  interest, income and profits, if any, earned or realized on

24  the investments thereof may be returned to the authority or to

25  the participating institution for use by it in any lawful

26  manner.

27         (4)  The portion of the proceeds of any revenue bonds

28  issued for the additional purpose of paying all or any part of

29  the cost of constructing and acquiring additions,

30  improvements, extensions, or enlargements of a project may be

31  invested and reinvested in direct obligations of the United

                                  30

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  States, or in certificates of deposit or time deposits secured

  2  by direct obligations of the United States, or other

  3  investments as the resolution authorizing the issuance and

  4  sale of the bonds, or the trust agreement, may provide,

  5  maturing not later than the time or times when the proceeds

  6  will be needed for the purpose of paying all or any part of

  7  the cost. The interest, income, and profits, if any, earned or

  8  realized on the investment may be applied to the payment of

  9  all or any part of the cost or may be used by the authority or

10  the participating institution in any lawful manner.

11         (5)  All refunding revenue bonds are subject to this

12  act in the same manner and to the same extent as other revenue

13  bonds issued under this act.

14         Section 28.  Legal investment.--Bonds issued by the

15  authority under this act are made securities in which all

16  public officers and public bodies of the state and its

17  political subdivisions, all insurance companies, trust

18  companies, banking associations, investment companies,

19  executors, administrators, trustees, and other fiduciaries may

20  properly and legally invest funds, including capital in their

21  control or belonging to them. The bonds are made securities

22  that may properly and legally be deposited with and received

23  by any state or municipal officer or any agency or political

24  subdivision of the state for any purpose for which the deposit

25  of bonds or obligations of the state is now or may hereafter

26  be authorized by law.

27         Section 29.  Reports.--Within the first 90 days of each

28  calendar year, the authority shall make a report to the

29  Department of Education of its activities for the preceding

30  calendar year. Each report must set forth a complete operating

31  and financial statement covering its operations during the

                                  31

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  year. The authority shall cause an audit of its books and

  2  accounts to be made at least once each year by a certified

  3  public accountant and the cost of the audit shall be paid by

  4  the authority from funds available to it under this act.

  5         Section 30.  State agreement.--The state agrees with

  6  the holders of any obligations issued under this act, and with

  7  those parties who may enter into contracts with the authority

  8  under this act, that the state will not limit or alter the

  9  rights vested in the authority until the obligations, together

10  with the interest thereon, are fully met and discharged and

11  the contracts are fully performed on the part of the

12  authority. However, this act does not preclude any limitation

13  or alteration if adequate provision is made by law for the

14  protection of the holders of the obligations of the authority

15  or those entering into contracts with the authority. The

16  authority is authorized to include this pledge and undertaking

17  for the state in any obligations or contracts.

18         Section 31.  Alternative means.--This act provides an

19  additional and alternative method for the doing of the things

20  authorized, and shall be regarded as supplemental and

21  additional to powers conferred by other laws; but the issuance

22  of notes, certificates of participation, revenue bonds, and

23  revenue refunding bonds under this act need not comply with

24  the requirements of any other law applicable to the issuance

25  of bonds or such obligations. Except as otherwise expressly

26  provided in this act, the powers granted to the authority

27  under this act are not subject to the supervision or

28  regulation of, or require the approval or consent of, any

29  municipality or political subdivision or any commission,

30  board, body, bureau, official, or agency thereof or of the

31  state.

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         Section 32.  Liberal construction.--This act shall be

  2  liberally construed to effectively carry out its purposes.

  3         Section 33.  Act controlling.--To the extent that this

  4  act is inconsistent with any general statute or special act or

  5  parts thereof, this act controls.

  6         Section 34.  Subsection (5) of section 196.012, Florida

  7  Statutes, is amended to read:

  8         196.012  Definitions.--For the purpose of this chapter,

  9  the following terms are defined as follows, except where the

10  context clearly indicates otherwise:

11         (5)  "Educational institution" means a federal, state,

12  parochial, church, or private school, college, or university

13  conducting regular classes and courses of study required for

14  eligibility to certification by, accreditation to, or

15  membership in the State Department of Education of Florida,

16  Southern Association of Colleges and Schools, or the Florida

17  Council of Independent Schools; a nonprofit private school the

18  principal activity of which is conducting regular classes and

19  courses of study accepted for continuing postgraduate dental

20  education credit by a board of the Division of Medical Quality

21  Assurance; educational direct-support organizations created

22  pursuant to ss. 229.8021, 240.299, and 240.331; and facilities

23  located on the property of eligible entities which will become

24  owned by those entities on a date certain; and institutions of

25  higher education as defined under and participating in the

26  Higher Educational Facilities Financing Act created pursuant

27  to chapter 2000-   , Laws of Florida.

28         Section 35.  This act shall take effect July 1, 2000.

29

30

31

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3  Remove from the title of the bill:  the entire title

  4

  5  and insert in lieu thereof:

  6                  A bill to be entitled

  7         An act relating to higher education; requiring

  8         the State Board of Education to adopt by rule

  9         uniform procedures to be implemented when a

10         student athlete is arrested for a crime;

11         providing for such procedures to apply to the

12         State University System, community colleges,

13         and institutions that receive state funds;

14         defining the term "student athlete"; requiring

15         that notice be provided to faculty and

16         students; amending s. 112.19, F.S.; providing

17         for graduate or post-baccalaureate professional

18         educational expenses to be waived for children

19         of officers killed in the line of duty;

20         providing for the waiver to apply to a child

21         who attends a state institution as a full-time

22         or part-time student; providing an

23         appropriation; providing findings and

24         declarations; creating the Higher Educational

25         Facilities Financing Authority; providing for

26         its powers; providing for criteria for and

27         covenants relating to the authorization of the

28         issuance of notes and revenue bonds not

29         obligating the full faith and credit of the

30         authority, any municipality, the state, or any

31         political subdivision thereof; providing for

                                  34

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2293

    Amendment No. ___ (for drafter's use only)





  1         loans from revenue bonds to participating

  2         institutions; requiring bond-validation

  3         proceedings; providing for trust funds and

  4         remedies of bondholders; providing for a tax

  5         exemption; providing for agreement of the

  6         state; providing other powers and authorities

  7         incident thereto; requiring reports and audits;

  8         amending s. 196.012, F.S.; providing that

  9         institutions funded by this act are educational

10         institutions for purposes of state taxation;

11         providing an effective date.

12

13

14

15

16

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18

19

20

21

22

23

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25

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