HB 0935

1
A bill to be entitled
2An act relating to community colleges; amending s.
31009.23, F.S.; revising provisions relating to the fee for
4capital improvements, technology enhancements, or
5equipping student buildings and the use thereof; providing
6requirements for the issuance and validation of bonds;
7revising provisions relating to the allocation for child
8care centers; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (11) of section 1009.23, Florida
13Statutes, is amended to read:
14     1009.23  Community college student fees.--
15     (11)(a)  Each community college board of trustees may
16establish a separate fee for capital improvements, technology
17enhancements, or equipping student buildings which may not
18exceed 10 percent of tuition for resident students or 10 percent
19of the sum of tuition and out-of-state fees for nonresident
20students. The fee for resident students shall be limited to an
21increase of $2 per credit hour over the prior year $1 per credit
22hour or credit-hour equivalent for residents and which equals or
23exceeds $3 per credit hour for nonresidents. Funds collected by
24community colleges through these fees may be bonded only as
25provided in this subsection for the purpose of financing or
26refinancing new construction and equipment, renovation, or
27remodeling of educational facilities. The fee shall be collected
28as a component part of the tuition and fees, paid into a
29separate account, and expended only to construct and equip,
30maintain, improve, or enhance the educational facilities of the
31community college. Projects funded through the use of the
32capital improvement fee shall meet the survey and construction
33requirements of chapter 1013. Pursuant to s. 216.0158, each
34community college shall identify each project, including
35maintenance projects, proposed to be funded in whole or in part
36by such fee.
37     (b)  Capital improvement fee revenues may be pledged by a
38board of trustees as a dedicated revenue source to the repayment
39of debt, including lease-purchase agreements with an overall
40term, including renewals, extensions, and refundings, of not
41more than 7 years and revenue bonds, with a term not to exceed
4220 annual maturities years, and not to exceed the useful life of
43the asset being financed, only for financing or refinancing of
44the new construction and equipment, renovation, or remodeling of
45educational facilities. Community colleges may use the services
46of the Division of Bond Finance of the State Board of
47Administration to issue any Bonds authorized through the
48provisions of this subsection shall be. Any such bonds issued by
49the Division of Bond Finance upon the request of the community
50college board of trustees shall be in compliance with the
51provisions of s. 11(d), Art. VII of the State Constitution and
52the State Bond Act. The Division of Bond Finance may pledge fees
53collected by one or more community colleges to secure such
54bonds. Any project included in the approved educational plant
55survey pursuant to chapter 1013 is approved pursuant to s.
5611(d), Art. VII of the State Constitution.
57     (c)  The state does hereby covenant with the holders of the
58bonds issued under this subsection that it will not take any
59action that will materially and adversely affect the rights of
60such holders so long as the bonds authorized by this subsection
61are outstanding.
62     (d)  Any validation of the bonds issued pursuant to the
63State Bond Act shall be validated in the manner provided by
64chapter 75. Only the initial series of bonds is required to be
65validated. The complaint for such validation shall be filed in
66the circuit court of the county where the seat of state
67government is situated, the notice required to be published by
68s. 75.06 shall be published only in the county where the
69complaint is filed, and the complaint and order of the circuit
70court shall be served only on the state attorney of the circuit
71in which the action is pending.
72     (e)  A maximum of 15 percent cents per credit hour may be
73allocated from the capital improvement fee for child care
74centers conducted by the community college. The use of capital
75improvement fees for such purpose shall be subordinate to the
76payment of any bonds secured by the fees.
77     Section 2.  This act shall take effect July 1, 2005.


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