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A bill to be entitled

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An act relating to community colleges; amending s.

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1001.64, F.S.; providing conditions for certain

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contracting by community college boards of trustees;

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authorizing boards of trustees to enter into certain

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short-term loans and contracts and make payments subject

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to appropriation; authorizing boards of trustees to incur

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long-term debt according to specified requirements;

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prohibiting a board of trustees from securing or repaying

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such debt using tuition or certain other revenues;

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amending s. 1004.70, F.S.; requiring community college

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boards of trustees to authorize debt incurred by direct-

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support organizations; authorizing delegation for approval

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of short-term loans and lease-purchase agreements;

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providing restrictions; amending s. 1009.22, F.S.,

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relating to workforce education postsecondary student

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fees, and s. 1009.23, F.S., relating to community college

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student fees; revising provisions relating to the pledge

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of fee revenues to the repayment of debt by community

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college boards of trustees; providing requirements for the

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request, issuance, securing, and payment of bonds;

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providing for limitation of actions; amending s. 1000.21,

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F.S.; renaming Daytona Beach Community College as "Daytona

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Beach College and renaming Indian River Community College

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as "Indian River College"; providing an effective date.

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

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     Section 1.  Subsections (26) and (38) of section 1001.64,

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Florida Statutes, are amended to read:

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     1001.64  Community college boards of trustees; powers and

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duties.--

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     (26)  Each board of trustees is authorized to contract for

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the purchase, sale, lease, license, or acquisition in any manner,

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(including purchase by installment or lease-purchase contract

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which may provide for the payment of interest on the unpaid

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portion of the purchase price and for the granting of a security

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interest in the items purchased, subject to the provisions of

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subsection (38) and ss. 1009.22 and 1009.23,) of goods,

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materials, equipment, and services required by the community

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college. The board of trustees may choose to consolidate

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equipment contracts under master equipment financing agreements

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made pursuant to s. 287.064.

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     (38) Each board of trustees is authorized to enter into

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short-term loans and installment, lease-purchase, and other

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financing contracts for a term of not more than 5 years,

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including renewals, extensions, and refundings. Payments on

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short-term loans and installment, lease-purchase, and other

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financing contracts pursuant to this subsection shall be subject

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to annual appropriation by the board of trustees. Each board of

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trustees is authorized to borrow funds and incur long-term debt,

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including promissory notes, installment sales agreements, lease-

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purchase agreements, certificates of participation, and other

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similar long-term financing arrangements, only as specifically

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provided entering into lease-purchase agreements and the issuance

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of revenue bonds as specifically authorized and only for the

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purposes authorized in ss. 1009.22(6) and (9) and 1009.23(11) and

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(12). At the option of the board of trustees, bonds issued

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pursuant to ss. 1009.22(6) and (9) and 1009.23(11) and (12) may

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be issued which are secured by a combination of revenues

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authorized to be pledged to bonds pursuant to such subsections

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ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9) and 1009.23(12).

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Revenue bonds may not be secured by or paid from, directly or

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indirectly, tuition, financial aid fees, the Community College

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Program Fund, or any other operating revenues of a community

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college. Lease-purchase agreements may be secured by a

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combination of revenues as specifically authorized pursuant to

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ss. 1009.22(7) and 1009.23(10).

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     Section 2.  Paragraph (e) is added to subsection (4) of

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section 1004.70, Florida Statutes, to read:

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     1004.70  Community college direct-support organizations.--

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     (4)  ACTIVITIES; RESTRICTIONS.--

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     (e) A community college board of trustees must authorize

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all debt, including lease-purchase agreements, incurred by a

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direct-support organization. Authorization for approval of short-

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term loans and lease-purchase agreements for a term of not more

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than 5 years, including renewals, extensions, and refundings, for

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goods, materials, equipment, and services may be delegated by the

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board of trustees to the board of directors of the direct-support

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organization. Trustees shall evaluate proposals for debt

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according to guidelines issued by the Division of Community

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Colleges. Revenues of the community college may not be pledged to

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debt issued by direct-support organizations.

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     Section 3.  Subsections (6) and (9) of section 1009.22,

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Florida Statutes, are amended to read:

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     1009.22  Workforce education postsecondary student fees.--

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     (6)(a) Each district school board and community college

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board of trustees may establish a separate fee for capital

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improvements, technology enhancements, or equipping buildings

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which may not exceed 5 percent of tuition for resident students

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or 5 percent of tuition and out-of-state fees for nonresident

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students. Funds collected by community colleges through the fee

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these fees may be bonded only for the purpose of financing or

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refinancing new construction and equipment, renovation, or

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remodeling of educational facilities. The fee shall be collected

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as a component part of the tuition and fees, paid into a separate

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account, and expended only to construct and equip, maintain,

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improve, or enhance the certificate career education or adult

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education facilities of the school district or community college.

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Projects funded through the use of the capital improvement fee

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must meet the survey and construction requirements of chapter

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1013. Pursuant to s. 216.0158, each district school board and

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community college board of trustees shall identify each project,

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including maintenance projects, proposed to be funded in whole or

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in part by such fee. Capital improvement fee revenues may be

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pledged by a board of trustees as a dedicated revenue source to

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the repayment of debt, including lease-purchase agreements, with

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an overall term of not more than 7 years, including renewals,

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extensions, and refundings, and revenue bonds, with a term not

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exceeding to exceed 20 years, and not exceeding to exceed the

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useful life of the asset being financed, only for the new

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construction and equipment, renovation, or remodeling of

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educational facilities. Bonds authorized pursuant to this

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paragraph shall be requested by the community college board of

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trustees and shall be issued by the Division of Bond Finance in

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compliance with s. 11(d), Art. VII of the State Constitution and

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the State Bond Act. The Division of Bond Finance may pledge fees

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collected by one or more community colleges to secure such bonds.

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Any project included in the approved educational plant survey

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pursuant to chapter 1013 is approved pursuant to s. 11(f), Art.

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VII of the State Constitution. Community colleges may use the

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services of the Division of Bond Finance of the State Board of

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Administration to issue any bonds authorized through the

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provisions of this subsection. Any such bonds issued by the

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Division of Bond Finance shall be in compliance with the

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provisions of the State Bond Act. Bonds issued pursuant to the

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

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chapter 75. The complaint for such validation shall be filed in

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the circuit court of the county where the seat of state

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government is situated, the notice required to be published by s.

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75.06 shall be published only in the county where the complaint

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is filed, and the complaint and order of the circuit court shall

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be served only on the state attorney of the circuit in which the

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action is pending. A maximum of 15 cents per credit hour may be

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allocated from the capital improvement fee for child care centers

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conducted by the district school board or community college board

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of trustees. The use of capital improvement fees for such purpose

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shall be subordinate to the payment of any bonds secured by the

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fees.

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     (b) The state does hereby covenant with the holders of the

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bonds issued under paragraph (a) that it will not take any action

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that will materially and adversely affect the rights of such

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holders so long as the bonds authorized by paragraph (a) are

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outstanding.

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     (9)  Community college boards of trustees and district

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school boards are not authorized to charge students enrolled in

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workforce development programs any fee that is not specifically

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authorized by statute. In addition to tuition, out-of-state,

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financial aid, capital improvement, and technology fees, as

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authorized in this section, community college boards of trustees

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and district school boards are authorized to establish fee

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schedules for the following user fees and fines: laboratory fees;

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parking fees and fines; library fees and fines; fees and fines

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relating to facilities and equipment use or damage; access or

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identification card fees; duplicating, photocopying, binding, or

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microfilming fees; standardized testing fees; diploma replacement

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fees; transcript fees; application fees; graduation fees; and

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late fees related to registration and payment. Such user fees and

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fines shall not exceed the cost of the services provided and

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shall only be charged to persons receiving the service. Parking

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fee revenues may be pledged by a community college board of

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trustees as a dedicated revenue source for the repayment of debt,

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including lease-purchase agreements, with an overall term of not

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more than 7 years, including renewals, extensions, and

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refundings, and revenue bonds with a term terms not exceeding 20

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years and not exceeding the useful life of the asset being

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financed. Community colleges shall use the services of the

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Division of Bond Finance of the State Board of Administration to

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issue any revenue bonds authorized by the provisions of this

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subsection. Any such bonds issued by the Division of Bond Finance

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shall be in compliance with the provisions of the State Bond Act.

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Bonds issued pursuant to the State Bond Act may shall be

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validated in the manner established in chapter 75. The complaint

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for such validation shall be filed in the circuit court of the

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county where the seat of state government is situated, the notice

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required to be published by s. 75.06 shall be published only in

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the county where the complaint is filed, and the complaint and

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order of the circuit court shall be served only on the state

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attorney of the circuit in which the action is pending.

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     Section 4.  Subsections (11) and (12) of section 1009.23,

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Florida Statutes, are amended to read:

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     1009.23  Community college student fees.--

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

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establish a separate fee for capital improvements, technology

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enhancements, or equipping student buildings which may not exceed

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10 percent of tuition for resident students or 10 percent of the

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sum of tuition and out-of-state fees for nonresident students.

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The fee for resident students shall be limited to an increase of

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$2 per credit hour over the prior year. Funds collected by

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community colleges through the fee these fees may be bonded only

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as provided in this subsection for the purpose of financing or

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refinancing new construction and equipment, renovation, or

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remodeling of educational facilities. The fee shall be collected

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as a component part of the tuition and fees, paid into a separate

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account, and expended only to construct and equip, maintain,

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improve, or enhance the educational facilities of the community

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college. Projects funded through the use of the capital

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improvement fee shall meet the survey and construction

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requirements of chapter 1013. Pursuant to s. 216.0158, each

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community college shall identify each project, including

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maintenance projects, proposed to be funded in whole or in part

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by such fee.

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

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board of trustees as a dedicated revenue source to the repayment

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of debt, including lease-purchase agreements, with an overall

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term, including renewals, extensions, and refundings, of not more

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than 7 years, including renewals, extensions, and refundings, and

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revenue bonds with a term not exceeding to exceed 20 annual

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maturities and not exceeding to exceed the useful life of the

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asset being financed, only for financing or refinancing of the

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new construction and equipment, renovation, or remodeling of

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educational facilities. Bonds authorized pursuant to through the

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provisions of this subsection shall be requested by the community

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college board of trustees and shall be issued by the Division of

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Bond Finance upon the request of the community college board of

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

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

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Bond Finance may pledge fees collected by one or more community

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colleges to secure such bonds. Any project included in the

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approved educational plant survey pursuant to chapter 1013 is

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approved pursuant to s. 11(f)(d), Art. VII of the State

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Constitution.

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     (c)(d) Any validation of the Bonds issued pursuant to this

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subsection may be validated shall be in the manner provided by

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

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validated. The complaint for such validation shall be filed in

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the circuit court of the county where the seat of state

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government is situated, the notice required to be published by s.

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75.06 shall be published only in the county where the complaint

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is filed, and the complaint and order of the circuit court shall

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be served only on the state attorney of the circuit in which the

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action is pending.

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     (d)(e) A maximum of 15 percent may be allocated from the

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capital improvement fee for child care centers conducted by the

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community college. The use of capital improvement fees for such

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purpose shall be subordinate to the payment of any bonds secured

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by the fees.

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

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

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action that will materially and adversely affect the rights of

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such holders so long as the bonds authorized by this subsection

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are outstanding.

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     (12)  In addition to tuition, out-of-state, financial aid,

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capital improvement, student activity and service, and technology

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fees authorized in this section, each community college board of

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trustees is authorized to establish fee schedules for the

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following user fees and fines: laboratory fees; parking fees and

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fines; library fees and fines; fees and fines relating to

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facilities and equipment use or damage; access or identification

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card fees; duplicating, photocopying, binding, or microfilming

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fees; standardized testing fees; diploma replacement fees;

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transcript fees; application fees; graduation fees; and late fees

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related to registration and payment. Such user fees and fines

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shall not exceed the cost of the services provided and shall only

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be charged to persons receiving the service. A community college

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may not charge any fee except as authorized by law or rules of

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the State Board of Education. Parking fee revenues may be pledged

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by a community college board of trustees as a dedicated revenue

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source for the repayment of debt, including lease-purchase

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agreements, with an overall term of not more than 7 years,

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including renewals, extensions, and refundings, and revenue bonds

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with a term terms not exceeding 20 years and not exceeding the

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useful life of the asset being financed. Community colleges shall

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use the services of the Division of Bond Finance of the State

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Board of Administration to issue any revenue bonds authorized by

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the provisions of this subsection. Any such bonds issued by the

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Division of Bond Finance shall be in compliance with the

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provisions of the State Bond Act. Bonds issued pursuant to the

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State Bond Act may shall be validated in the manner established

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in chapter 75. The complaint for such validation shall be filed

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

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government is situated, the notice required to be published by s.

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75.06 shall be published only in the county where the complaint

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is filed, and the complaint and order of the circuit court shall

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be served only on the state attorney of the circuit in which the

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action is pending.

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     Section 5.  Paragraphs (e) and (k) of subsection (3) of

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section 1000.21, Florida Statutes, are amended to read:

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     1000.21  Systemwide definitions.--As used in the Florida K-

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20 Education Code:

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     (3)  "Community college," except as otherwise specifically

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provided, includes the following institutions and any branch

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campuses, centers, or other affiliates of the institution:

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     (e) Daytona Beach Community College.

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     (k) Indian River Community College.

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     Section 6.  This act shall take effect July 1, 2008.