| 1 | A bill to be entitled |
| 2 | An act relating to community colleges; amending s. |
| 3 | 1009.23, F.S.; revising provisions relating to the fee for |
| 4 | capital improvements, technology enhancements, or |
| 5 | equipping student buildings and the use thereof; providing |
| 6 | requirements for the issuance and validation of bonds; |
| 7 | revising provisions relating to the allocation for child |
| 8 | care centers; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsection (11) of section 1009.23, Florida |
| 13 | Statutes, is amended to read: |
| 14 | 1009.23 Community college student fees.-- |
| 15 | (11)(a) Each community college board of trustees may |
| 16 | establish a separate fee for capital improvements, technology |
| 17 | enhancements, or equipping student buildings which may not |
| 18 | exceed 10 percent of tuition for resident students or 10 percent |
| 19 | of the sum of tuition and out-of-state fees for nonresident |
| 20 | students. The fee for resident students shall be limited to an |
| 21 | increase of $2 per credit hour over the prior year $1 per credit |
| 22 | hour or credit-hour equivalent for residents and which equals or |
| 23 | exceeds $3 per credit hour for nonresidents. Funds collected by |
| 24 | community colleges through these fees may be bonded only as |
| 25 | provided in this subsection for the purpose of financing or |
| 26 | refinancing new construction and equipment, renovation, or |
| 27 | remodeling of educational facilities. The fee shall be collected |
| 28 | as a component part of the tuition and fees, paid into a |
| 29 | separate account, and expended only to construct and equip, |
| 30 | maintain, improve, or enhance the educational facilities of the |
| 31 | community college. Projects funded through the use of the |
| 32 | capital improvement fee shall meet the survey and construction |
| 33 | requirements of chapter 1013. Pursuant to s. 216.0158, each |
| 34 | community college shall identify each project, including |
| 35 | maintenance projects, proposed to be funded in whole or in part |
| 36 | by such fee. |
| 37 | (b) Capital improvement fee revenues may be pledged by a |
| 38 | board of trustees as a dedicated revenue source to the repayment |
| 39 | of debt, including lease-purchase agreements with an overall |
| 40 | term, including renewals, extensions, and refundings, of not |
| 41 | more than 7 years and revenue bonds, with a term not to exceed |
| 42 | 20 annual maturities years, and not to exceed the useful life of |
| 43 | the asset being financed, only for financing or refinancing of |
| 44 | the new construction and equipment, renovation, or remodeling of |
| 45 | educational facilities. Community colleges may use the services |
| 46 | of the Division of Bond Finance of the State Board of |
| 47 | Administration to issue any Bonds authorized through the |
| 48 | provisions of this subsection shall be. Any such bonds issued by |
| 49 | the Division of Bond Finance upon the request of the community |
| 50 | college board of trustees shall be in compliance with the |
| 51 | provisions of s. 11(d), Art. VII of the State Constitution and |
| 52 | the State Bond Act. The Division of Bond Finance may pledge fees |
| 53 | collected by one or more community colleges to secure such |
| 54 | bonds. Any project included in the approved educational plant |
| 55 | survey pursuant to chapter 1013 is approved pursuant to s. |
| 56 | 11(d), Art. VII of the State Constitution. |
| 57 | (c) The state does hereby covenant with the holders of the |
| 58 | bonds issued under this subsection that it will not take any |
| 59 | action that will materially and adversely affect the rights of |
| 60 | such holders so long as the bonds authorized by this subsection |
| 61 | are outstanding. |
| 62 | (d) Any validation of the bonds issued pursuant to the |
| 63 | State Bond Act shall be validated in the manner provided by |
| 64 | chapter 75. Only the initial series of bonds is required to be |
| 65 | validated. The complaint for such validation shall be filed in |
| 66 | the circuit court of the county where the seat of state |
| 67 | government is situated, the notice required to be published by |
| 68 | s. 75.06 shall be published only in the county where the |
| 69 | complaint is filed, and the complaint and order of the circuit |
| 70 | court shall be served only on the state attorney of the circuit |
| 71 | in which the action is pending. |
| 72 | (e) A maximum of 15 percent cents per credit hour may be |
| 73 | allocated from the capital improvement fee for child care |
| 74 | centers conducted by the community college. The use of capital |
| 75 | improvement fees for such purpose shall be subordinate to the |
| 76 | payment of any bonds secured by the fees. |
| 77 | Section 2. This act shall take effect July 1, 2005. |