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. |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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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. |