HB 523

1	A bill to be entitled
2	An act relating to postsecondary student fees; amending s.
3	1009.22, F.S.; requiring acquisitions of improved real
4	property funded through use of the capital improvement fee
5	by a district school board or Florida College System
6	institution board of trustees to meet certain
7	requirements; authorizing a Florida College System
8	institution that has not met certain relative space needs
9	to establish a capital improvement fee for 5 fiscal years;
10	providing a maximum fee amount; providing requirements
11	relating to the use of the fee; amending s. 1009.23, F.S.;
12	deleting a fee limitation; requiring acquisitions of
13	improved real property funded through use of the capital
14	improvement fee by a Florida College System institution
15	board of trustees to meet certain requirements;
16	authorizing a Florida College System institution that has
17	not met certain relative space needs to establish a
18	capital improvement fee for 5 fiscal years; providing a
19	maximum fee amount; providing requirements relating to the
20	use of the fee; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (6) of section 1009.22, Florida
25	Statutes, is amended to read:
26	1009.22  Workforce education postsecondary student fees.-
27	(6)(a)  Each district school board and community college
28	board of trustees may establish a separate fee for capital
29	improvements, technology enhancements, or equipping buildings
30	which may not exceed 5 percent of tuition for resident students
31	or 5 percent of tuition and out-of-state fees for nonresident
32	students. Funds collected by community colleges through the fee
33	may be bonded only for the purpose of financing or refinancing
34	new construction and equipment, renovation, or remodeling of
35	educational facilities. The fee shall be collected as a
36	component part of the tuition and fees, paid into a separate
37	account, and expended only to construct and equip, maintain,
38	improve, or enhance the certificate career education or adult
39	education facilities of the school district or community
40	college. Projects and acquisitions of improved real property
41	funded through the use of the capital improvement fee must meet
42	the survey and construction requirements of chapter 1013.
43	Pursuant to s. 216.0158, each district school board and
44	community college board of trustees shall identify each project,
45	including maintenance projects, proposed to be funded in whole
46	or in part by such fee. Capital improvement fee revenues may be
47	pledged by a board of trustees as a dedicated revenue source to
48	the repayment of debt, including lease-purchase agreements, with
49	an overall term of not more than 7 years, including renewals,
50	extensions, and refundings, and revenue bonds with a term not
51	exceeding 20 years and not exceeding the useful life of the
52	asset being financed, only for the new construction and
53	equipment, renovation, or remodeling of educational facilities.
54	Bonds authorized pursuant to this paragraph shall be requested
55	by the community college board of trustees and shall be issued
56	by the Division of Bond Finance in compliance with s. 11(d),
57	Art. VII of the State Constitution and the State Bond Act. The
58	Division of Bond Finance may pledge fees collected by one or
59	more community colleges to secure such bonds. Any project
60	included in the approved educational plant survey pursuant to
61	chapter 1013 is approved pursuant to s. 11(f), Art. VII of the
62	State Constitution. Bonds issued pursuant to the State Bond Act
63	may be validated in the manner provided by chapter 75. The
64	complaint for such validation shall be filed in the circuit
65	court of the county where the seat of state government is
66	situated, the notice required to be published by s. 75.06 shall
67	be published only in the county where the complaint is filed,
68	and the complaint and order of the circuit court shall be served
69	only on the state attorney of the circuit in which the action is
70	pending. A maximum of 15 cents per credit hour may be allocated
71	from the capital improvement fee for child care centers
72	conducted by the district school board or community college
73	board of trustees. The use of capital improvement fees for such
74	purpose shall be subordinate to the payment of any bonds secured
75	by the fees.
76	(b)  A Florida College System institution that has less
77	than 65 percent of relative space needs met, as determined by
78	the Division of Florida Colleges by January 1 of each year, may
79	establish a capital improvement fee which may not exceed 20
80	percent of tuition for resident students or 20 percent of
81	tuition and out-of-state fees for nonresident students for the
82	subsequent 5 fiscal years. Funds collected through the capital
83	improvement fee in accordance with this paragraph that exceed 5
84	percent of tuition for resident students or 5 percent of tuition
85	and out-of-state fees for nonresident students may not be
86	bonded. Funds collected through the capital improvement fee in
87	accordance with this paragraph may be spent on any project or
88	improved real property acquisition that meets the survey and
89	construction requirements of chapter 1013.
90	(c)(b)  The state does hereby covenant with the holders of
91	the bonds issued under paragraph (a) that it will not take any
92	action that will materially and adversely affect the rights of
93	such holders so long as the bonds authorized by paragraph (a)
94	are outstanding.
95	Section 2.  Subsection (11) of section 1009.23, Florida
96	Statutes, is amended to read:
97	1009.23  Community college student fees.-
98	(11)(a)  Each community college board of trustees may
99	establish a separate fee for capital improvements, technology
100	enhancements, or equipping student buildings which may not
101	exceed 10 percent of tuition for resident students or 10 percent
102	of the sum of tuition and out-of-state fees for nonresident
103	students. The fee for resident students shall be limited to an
104	increase of $2 per credit hour over the prior year. Funds
105	collected by community colleges through the fee may be bonded
106	only as provided in this subsection for the purpose of financing
107	or refinancing new construction and equipment, renovation, or
108	remodeling of educational facilities. The fee shall be collected
109	as a component part of the tuition and fees, paid into a
110	separate account, and expended only to construct and equip,
111	maintain, improve, or enhance the educational facilities of the
112	community college. Projects and acquisitions of improved real
113	property funded through the use of the capital improvement fee
114	shall meet the survey and construction requirements of chapter
115	1013. Pursuant to s. 216.0158, each community college shall
116	identify each project, including maintenance projects, proposed
117	to be funded in whole or in part by such fee.
118	(b)  Capital improvement fee revenues may be pledged by a
119	board of trustees as a dedicated revenue source to the repayment
120	of debt, including lease-purchase agreements, with an overall
121	term of not more than 7 years, including renewals, extensions,
122	and refundings, and revenue bonds with a term not exceeding 20
123	annual maturities and not exceeding the useful life of the asset
124	being financed, only for financing or refinancing of the new
125	construction and equipment, renovation, or remodeling of
126	educational facilities. Bonds authorized pursuant to this
127	subsection shall be requested by the community college board of
128	trustees and shall be issued by the Division of Bond Finance in
129	compliance with s. 11(d), Art. VII of the State Constitution and
130	the State Bond Act. The Division of Bond Finance may pledge fees
131	collected by one or more community colleges to secure such
132	bonds. Any project included in the approved educational plant
133	survey pursuant to chapter 1013 is approved pursuant to s.
134	11(f), Art. VII of the State Constitution.
135	(c)  Bonds issued pursuant to this subsection may be
136	validated in the manner provided by chapter 75. Only the initial
137	series of bonds is required to be validated. The complaint for
138	such validation shall be filed in the circuit court of the
139	county where the seat of state government is situated, the
140	notice required to be published by s. 75.06 shall be published
141	only in the county where the complaint is filed, and the
142	complaint and order of the circuit court shall be served only on
143	the state attorney of the circuit in which the action is
144	pending.
145	(d)  A Florida College System institution that has less
146	than 65 percent of relative space needs met, as determined by
147	the Division of Florida Colleges by January 1 of each year, may
148	establish a capital improvement fee which may not exceed 20
149	percent of tuition for resident students or 20 percent of
150	tuition and out-of-state fees for nonresident students for the
151	subsequent 5 fiscal years. Funds collected through the capital
152	improvement fee in accordance with this paragraph that exceed 10
153	percent of tuition for resident students or 10 percent of
154	tuition and out-of-state fees for nonresident students may not
155	be bonded. Funds collected through the capital improvement fee
156	in accordance with this paragraph may be spent on any project or
157	improved real property acquisition that meets the survey and
158	construction requirements of chapter 1013.
159	(e)(d)  A maximum of 15 percent may be allocated from the
160	capital improvement fee for child care centers conducted by the
161	community college. The use of capital improvement fees for such
162	purpose shall be subordinate to the payment of any bonds secured
163	by the fees.
164	(f)(e)  The state does hereby covenant with the holders of
165	the bonds issued under this subsection that it will not take any
166	action that will materially and adversely affect the rights of
167	such holders so long as the bonds authorized by this subsection
168	are outstanding.
169	Section 3.  This act shall take effect July 1, 2011.

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