Senate Bill sb0670er

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    2005 Legislature                         SB 670, 1st Engrossed



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  2         An act relating to community colleges; amending

  3         s. 1009.23, F.S.; revising provisions relating

  4         to the fee for capital improvements, technology

  5         enhancements, or equipping student buildings

  6         and the use thereof; providing requirements for

  7         the issuance and validation of bonds; revising

  8         provisions relating to the allocation for child

  9         care centers; providing an effective date.

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

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13         Section 1.  Subsection (11) of section 1009.23, Florida

14  Statutes, is amended to read:

15         1009.23  Community college student fees.--

16         (11)(a)  Each community college board of trustees may

17  establish a separate fee for capital improvements, technology

18  enhancements, or equipping student buildings which may not

19  exceed 10 percent of tuition for resident students or 10

20  percent of the sum of tuition and out-of-state fees for

21  nonresident students.  The fee for resident students shall be

22  limited to an increase of $2 per credit hour over the prior

23  year $1 per credit hour or credit-hour equivalent for

24  residents and which equals or exceeds $3 per credit hour for

25  nonresidents. Funds collected by community colleges through

26  these fees may be bonded only as provided in this subsection

27  for the purpose of financing or refinancing new construction

28  and equipment, renovation, or remodeling of educational

29  facilities. The fee shall be collected as a component part of

30  the tuition and fees, paid into a separate account, and

31  expended only to construct and equip, maintain, improve, or


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    2005 Legislature                         SB 670, 1st Engrossed



 1  enhance the educational facilities of the community college.

 2  Projects funded through the use of the capital improvement fee

 3  shall meet the survey and construction requirements of chapter

 4  1013. Pursuant to s. 216.0158, each community college shall

 5  identify each project, including maintenance projects,

 6  proposed to be funded in whole or in part by such fee.

 7         (b)  Capital improvement fee revenues may be pledged by

 8  a board of trustees as a dedicated revenue source to the

 9  repayment of debt, including lease-purchase agreements with an

10  overall term, including renewals, extensions, and refundings,

11  of not more than 7 years and revenue bonds, with a term not to

12  exceed 20 annual maturities years, and not to exceed the

13  useful life of the asset being financed, only for financing or

14  refinancing of the new construction and equipment, renovation,

15  or remodeling of educational facilities. Community colleges

16  may use the services of the Division of Bond Finance of the

17  State Board of Administration to issue any Bonds authorized

18  through the provisions of this subsection shall be. Any such

19  bonds issued by the Division of Bond Finance upon the request

20  of the community college board of trustees shall be in

21  compliance with the provisions of s. 11(d), Art. VII of the

22  State Constitution and the State Bond Act. The Division of

23  Bond Finance may pledge fees collected by one or more

24  community colleges to secure such bonds. Any project included

25  in the approved educational plant survey pursuant to chapter

26  1013 is approved pursuant to s. 11(d), Art. VII of the State

27  Constitution.

28         (c)  The state does hereby covenant with the holders of

29  the bonds issued under this subsection that it will not take

30  any action that will materially and adversely affect the

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    2005 Legislature                         SB 670, 1st Engrossed



 1  rights of such holders so long as the bonds authorized by this

 2  subsection are outstanding.

 3         (d)  Any validation of the bonds issued pursuant to the

 4  State Bond Act shall be validated in the manner provided by

 5  chapter 75. Only the initial series of bonds is required to be

 6  validated. The complaint for such validation shall be filed in

 7  the circuit court of the county where the seat of state

 8  government is situated, the notice required to be published by

 9  s. 75.06 shall be published only in the county where the

10  complaint is filed, and the complaint and order of the circuit

11  court shall be served only on the state attorney of the

12  circuit in which the action is pending.

13         (e)  A maximum of 15 percent cents per credit hour may

14  be allocated from the capital improvement fee for child care

15  centers conducted by the community college. The use of capital

16  improvement fees for such purpose shall be subordinate to the

17  payment of any bonds secured by the fees.

18         Section 2.  This act shall take effect July 1, 2005.

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