HB 1153 2003
1	A bill to be entitled
2	An act relating to educational facilities; creating s.
3	1013.358, F.S.; providing legislative intent; authorizing
4	the creation of workplace school benefit districts to
5	assist in financing construction and maintenance of
6	educational facilities; providing the powers of a
7	workplace school benefit district and its governing board;
8	providing for the creation of community redevelopment
9	agencies as an alternative; creating s. 1013.359, F.S.;
10	providing funding for workplace school benefit districts
11	or community redevelopment agencies; creating s.
12	1013.3595, F.S.; providing for educational facility
13	utilization; creating pt. VIII of ch. 159, F.S., the
14	"Florida Qualified Public Educational Facilities Private
15	Activity Bond Allocation Act"; providing purpose and
16	definitions; providing for allocation of state volume
17	limitation on private activity bonds to finance qualified
18	public educational facilities; providing for rules;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Section 1013.358, Florida Statutes, is created
24	to read:
25	1013.358 Workplace school benefit districts.--
26	(1) It is the intent of the Legislature to encourage and
27	authorize public-private cooperation in the promotion of
28	economic development and the advancement of educational services
29	that benefit the resulting population growth. It is the further
30	intent of the Legislature to provide efficient alternative
31	mechanisms and incentives to allow for sharing costs of
32	educational facilities necessary to accommodate new growth and
33	development among public agencies, including district school
34	boards, affected local general purpose governments, and
35	benefited private development interests.
36	(2) The Legislature authorizes the creation of workplace
37	school benefit districts pursuant to agreements between a
38	district school board and the primary local general purpose
39	governments within whose jurisdiction a district is located. The
40	purpose of workplace school benefit districts is to assist in
41	financing the construction and maintenance of educational
42	facilities.
43	(3)(a) A workplace school benefit district may be created
44	pursuant to this act and chapter 159.
45	(b) Creation of any workplace school benefit district
46	shall be conditioned upon the consent of the district school
47	board, the primary local general purpose governments within
48	whose jurisdiction any portion of the workplace school benefit
49	district is located, and all landowners within the district. The
50	membership of the governing board of any workplace school
51	benefit district shall include representation of the district
52	school board, each cooperating local general purpose government,
53	and the landowners within the district. In the case of a
54	workplace school benefit district's decision to create a charter
55	school, the board of directors of the charter school may
56	constitute the members of the governing board for the workplace
57	school benefit district.
58	(4) The workplace school benefit district shall have, and
59	its governing board may exercise, the following powers:
60	(a) To finance and construct educational facilities within
61	the district's boundaries.
62	(b) To sue and be sued in the name of the district; to
63	adopt and use a seal and authorize the use of a facsimile
64	thereof; to acquire, by purchase, gift, devise, or otherwise and
65	to dispose of real and personal property or any estate therein;
66	and to make and execute contracts and other instruments
67	necessary or convenient to the exercise of its powers.
68	(c) To contract for the services of consultants to perform
69	planning, engineering, legal, or other appropriate services of a
70	professional nature. Such contracts shall be subject to the
71	public bidding or competitive negotiations required of local
72	general purpose governments.
73	(d) To borrow money and accept gifts; to apply for unused
74	grants or loans of money or other property from the United
75	States, the state, a unit of local government, or any person for
76	any district purposes and enter into agreements required in
77	connection therewith; and to hold, use, and dispose of such
78	moneys or property for any district purposes in accordance with
79	the terms of the gift, grant, loan, or agreement relating
80	thereto.
81	(e) To adopt resolutions and policies prescribing the
82	powers, duties, and functions of the officers of the district,
83	the conduct of the business of the district, and the maintenance
84	of records and documents of the district.
85	(f) To maintain an office at such place or places as it
86	may designate within the district or within the boundaries of
87	the local general purpose government that created the district.
88	(g) To lease as lessor or lessee to or from any person,
89	firm, corporation, association, or body, public or private, any
90	projects of the type that the district is authorized to
91	undertake and facilities or property of any nature for use of
92	the district to carry out any of the purposes authorized by this
93	act.
94	(h) To borrow money and issue bonds, certificates,
95	warrants, notes, or other evidence of indebtedness pursuant to
96	this act for periods not longer than 30 years, provided such
97	bonds, certificates, warrants, notes, or other indebtedness
98	shall only be guaranteed by non-ad valorem assessments legally
99	imposed by the district and other available sources of funds
100	provided in this act and shall not pledge the full faith and
101	credit of the primary local general purpose government or the
102	district school board.
103	(i) To cooperate with or contract with other governmental
104	agencies as may be necessary, convenient, incidental, or proper
105	in connection with any of the powers, duties, or purposes
106	authorized by this act and to accept funding from local and
107	state agencies as provided in this act.
108	(j) To levy, impose, collect, and enforce non-ad valorem
109	assessments, as defined by s. 197.3632(1)(d), pursuant to this
110	act, chapters 125 and 166, and ss. 197.3631, 197.3632, and
111	197.3635.
112	(k) To exercise all powers necessary, convenient,
113	incidental, or proper in connection with any of the powers,
114	duties, or purposes authorized by this act.
115	(5) As an alternative to the creation of a workplace
116	school benefit district, the Legislature recognizes and
117	encourages the consideration of community redevelopment agency
118	creation pursuant to chapter 163 as a viable alternative for
119	financing the construction and maintenance of educational
120	facilities as described in this act. Community redevelopment
121	agencies are granted the authority to determine, order, levy,
122	impose, collect, and enforce non-ad valorem assessments for such
123	purposes pursuant to this act and chapters 163, 170, 190, and
124	197. This authority is in addition to any authority granted
125	community redevelopment agencies under chapter 163. Community
126	redevelopment agencies are therefore deemed eligible for the
127	financial enhancements available to workplace school benefit
128	districts providing for financing the construction and
129	maintenance of educational facilities pursuant to s. 1013.359.
130	In order to receive such financial enhancements, a community
131	redevelopment agency must enter into an interlocal agreement
132	with the district school board and affected local general
133	purpose governments that specifies the obligations of all
134	parties to the agreement. Nothing in this act or in any
135	interlocal agreement entered into pursuant to this act requires
136	any change in the method of election of a board of supervisors
137	of a community redevelopment agency provided in chapter 163.
138	Section 2. Section 1013.359, Florida Statutes, is created
139	to read:
140	1013.359 Local funding for workplace school benefit
141	districts or community redevelopment agencies.--Upon
142	confirmation by a district school board of the commitment of
143	revenues by a workplace school benefit district or community
144	redevelopment agency necessary to construct and maintain an
145	educational facility contained within an individual district
146	facilities work program or proposed by an approved charter
147	school or a charter school applicant, the following funds shall
148	be provided to the workplace school benefit district or
149	community redevelopment agency annually, beginning with the next
150	fiscal year after confirmation until the district's financial
151	obligations are completed:
152	(1) All educational facilities impact fee revenue
153	collected for new development within the workplace school
154	benefit district or community development district. Funds
155	provided under this subsection shall be used to fund the
156	construction and capital maintenance costs of educational
157	facilities.
158	(2) For construction and capital maintenance costs not
159	covered by the funds provided under subsection (1), an annual
160	amount contributed by the district school board equal to one-
161	half of the remaining costs of construction and capital
162	maintenance of the educational facility. Any construction costs
163	above the cost-per-student criteria established for the SIT
164	Program in s.
165	1013.72(2) shall be funded exclusively by the workplace school
166	benefit district or the community redevelopment agency. Funds
167	contributed by a district school board shall not be used to fund
168	operational costs.
169	(3) Any incentives deemed appropriate by Enterprise
170	Florida. Educational facilities funded pursuant to this act may
171	be constructed on land that is owned by any person after the
172	district school board has acquired from the owner of the land a
173	long-term lease for the use of this land for a period of not
174	less than 40 years or the life expectancy of the permanent
175	facilities constructed thereon, whichever is longer. All
176	interlocal agreements entered into pursuant to this act shall
177	provide for ownership of educational facilities funded pursuant
178	to this act to revert to the district school board if such
179	facilities cease to be used for public educational purposes
180	prior to 40 years after construction or prior to the end of the
181	life expectancy of the educational facilities, whichever is
182	longer.
183	Section 3. Section 1013.3595, Florida Statutes, is created
184	to read:
185	1013.3595 Workplace school benefit district or community
186	redevelopment agency facility utilization.-—The student
187	population of all facilities funded pursuant to this act shall,
188	to the greatest extent possible, reflect the racial, ethnic, and
189	socioeconomic balance of the school district pursuant to state
190	and federal law. However, to the extent allowable pursuant to
191	state and federal law, the interlocal agreement providing for
192	the establishment of the workplace school benefit district or
193	the interlocal agreement between the community redevelopment
194	agency and the district school board and affected local general
195	purpose governments may provide for the district school board to
196	establish school attendance zones that allow students residing
197	within a reasonable distance of facilities financed through the
198	interlocal agreement to attend such facilities.
199	Section 4. Part VIII of chapter 159, Florida Statutes,
200	consisting of sections 159.831, 159.832, 159.833, 159.834, and
201	159.835, is created to read:
202	159.831 Popular name.--This part may be known by the
203	popular name the “Florida Qualified Public Educational
204	Facilities Private Activity Bond Allocation Act.”
205	159.832 Purpose.--The purpose of this part is to allocate
206	the state volume limitation imposed by s. 142(k)(5)(A) of the
207	Code on private activity bonds to finance qualified public
208	educational facilities. No private activity bond subject to the
209	limitation in s. 142(k)(5)(A) of the Code shall be issued in
210	this state unless a written confirmation therefor is issued
211	pursuant to this part.
212	159.833 Definitions.--As used in this part, the term:
213	(1) “Board” means the State Board of Education, created
214	pursuant to s. 2, Art. IX of the State Constitution.
215	(2) “Code” means the Internal Revenue Code of 1986, as
216	amended, and the regulations and rulings issued thereunder.
217	(3) “Commissioner” means the Commissioner of Education.
218	(4) “Department” means the Department of Education,
219	created pursuant to s. 20.15.
220	(5) “Issued” has the same meaning as in the Code.
221	(6) “Private activity bond” means any bond described in s.
222	141 of the Code.
223	(7) “Qualified public educational facility” means a
224	facility described in s. 142(k)(1) of the Code.
225	159.834 Allocation of state volume limitation.—-
226	(1) The board shall establish a program for allocating the
227	state volume limitation imposed by s. 142(k)(5)(A) of the Code
228	on private activity bonds to finance qualified public
229	educational facilities. Such program shall include objective
230	criteria to be considered in determining whether to grant a
231	request for such volume limitation, including, but not limited
232	to: the need for a qualified public educational facility in the
233	area proposed in the application, the number of students to be
234	served by such facility, and the cost-effectiveness of the
235	proposed facility. The program shall be administered by the
236	department.
237	(2) The department shall annually determine the amount of
238	private activity bonds for qualified public educational
239	facilities permitted to be issued in this state under s.
240	142(k)(5) of the Code and shall make such information available
241	upon request to any person or agency.
242	(3) The department shall ensure that any volume limitation
243	unused at the end of each calendar is carried forward pursuant
244	to s. 142(k)(5)(B)(ii) of the Code.
245	(4) The commissioner shall sign any certificate required
246	by the Code relating to the allocation of the state volume
247	limitation on private activity bonds to finance qualified public
248	educational facilities.
249	159.835 Rules.--The board and the department shall
250	prescribe any rules necessary to ensure the orderly
251	implementation and administration of this act.
252	Section 5. This act shall take effect July 1, 2003.