HB 523

1
A bill to be entitled
2An act relating to postsecondary student fees; amending s.
31009.22, F.S.; requiring acquisitions of improved real
4property funded through use of the capital improvement fee
5by a district school board or Florida College System
6institution board of trustees to meet certain
7requirements; authorizing a Florida College System
8institution that has not met certain relative space needs
9to establish a capital improvement fee for 5 fiscal years;
10providing a maximum fee amount; providing requirements
11relating to the use of the fee; amending s. 1009.23, F.S.;
12deleting a fee limitation; requiring acquisitions of
13improved real property funded through use of the capital
14improvement fee by a Florida College System institution
15board of trustees to meet certain requirements;
16authorizing a Florida College System institution that has
17not met certain relative space needs to establish a
18capital improvement fee for 5 fiscal years; providing a
19maximum fee amount; providing requirements relating to the
20use of the fee; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (6) of section 1009.22, Florida
25Statutes, is amended to read:
26     1009.22  Workforce education postsecondary student fees.-
27     (6)(a)  Each district school board and community college
28board of trustees may establish a separate fee for capital
29improvements, technology enhancements, or equipping buildings
30which may not exceed 5 percent of tuition for resident students
31or 5 percent of tuition and out-of-state fees for nonresident
32students. Funds collected by community colleges through the fee
33may be bonded only for the purpose of financing or refinancing
34new construction and equipment, renovation, or remodeling of
35educational facilities. The fee shall be collected as a
36component part of the tuition and fees, paid into a separate
37account, and expended only to construct and equip, maintain,
38improve, or enhance the certificate career education or adult
39education facilities of the school district or community
40college. Projects and acquisitions of improved real property
41funded through the use of the capital improvement fee must meet
42the survey and construction requirements of chapter 1013.
43Pursuant to s. 216.0158, each district school board and
44community college board of trustees shall identify each project,
45including maintenance projects, proposed to be funded in whole
46or in part by such fee. Capital improvement fee revenues may be
47pledged by a board of trustees as a dedicated revenue source to
48the repayment of debt, including lease-purchase agreements, with
49an overall term of not more than 7 years, including renewals,
50extensions, and refundings, and revenue bonds with a term not
51exceeding 20 years and not exceeding the useful life of the
52asset being financed, only for the new construction and
53equipment, renovation, or remodeling of educational facilities.
54Bonds authorized pursuant to this paragraph shall be requested
55by the community college board of trustees and shall be issued
56by the Division of Bond Finance in compliance with s. 11(d),
57Art. VII of the State Constitution and the State Bond Act. The
58Division of Bond Finance may pledge fees collected by one or
59more community colleges to secure such bonds. Any project
60included in the approved educational plant survey pursuant to
61chapter 1013 is approved pursuant to s. 11(f), Art. VII of the
62State Constitution. Bonds issued pursuant to the State Bond Act
63may be validated in the manner provided by chapter 75. The
64complaint for such validation shall be filed in the circuit
65court of the county where the seat of state government is
66situated, the notice required to be published by s. 75.06 shall
67be published only in the county where the complaint is filed,
68and the complaint and order of the circuit court shall be served
69only on the state attorney of the circuit in which the action is
70pending. A maximum of 15 cents per credit hour may be allocated
71from the capital improvement fee for child care centers
72conducted by the district school board or community college
73board of trustees. The use of capital improvement fees for such
74purpose shall be subordinate to the payment of any bonds secured
75by the fees.
76     (b)  A Florida College System institution that has less
77than 65 percent of relative space needs met, as determined by
78the Division of Florida Colleges by January 1 of each year, may
79establish a capital improvement fee which may not exceed 20
80percent of tuition for resident students or 20 percent of
81tuition and out-of-state fees for nonresident students for the
82subsequent 5 fiscal years. Funds collected through the capital
83improvement fee in accordance with this paragraph that exceed 5
84percent of tuition for resident students or 5 percent of tuition
85and out-of-state fees for nonresident students may not be
86bonded. Funds collected through the capital improvement fee in
87accordance with this paragraph may be spent on any project or
88improved real property acquisition that meets the survey and
89construction requirements of chapter 1013.
90     (c)(b)  The state does hereby covenant with the holders of
91the bonds issued under paragraph (a) that it will not take any
92action that will materially and adversely affect the rights of
93such holders so long as the bonds authorized by paragraph (a)
94are outstanding.
95     Section 2.  Subsection (11) of section 1009.23, Florida
96Statutes, is amended to read:
97     1009.23  Community college student fees.-
98     (11)(a)  Each community college board of trustees may
99establish a separate fee for capital improvements, technology
100enhancements, or equipping student buildings which may not
101exceed 10 percent of tuition for resident students or 10 percent
102of the sum of tuition and out-of-state fees for nonresident
103students. The fee for resident students shall be limited to an
104increase of $2 per credit hour over the prior year. Funds
105collected by community colleges through the fee may be bonded
106only as provided in this subsection for the purpose of financing
107or refinancing new construction and equipment, renovation, or
108remodeling of educational facilities. The fee shall be collected
109as a component part of the tuition and fees, paid into a
110separate account, and expended only to construct and equip,
111maintain, improve, or enhance the educational facilities of the
112community college. Projects and acquisitions of improved real
113property funded through the use of the capital improvement fee
114shall meet the survey and construction requirements of chapter
1151013. Pursuant to s. 216.0158, each community college shall
116identify each project, including maintenance projects, proposed
117to be funded in whole or in part by such fee.
118     (b)  Capital improvement fee revenues may be pledged by a
119board of trustees as a dedicated revenue source to the repayment
120of debt, including lease-purchase agreements, with an overall
121term of not more than 7 years, including renewals, extensions,
122and refundings, and revenue bonds with a term not exceeding 20
123annual maturities and not exceeding the useful life of the asset
124being financed, only for financing or refinancing of the new
125construction and equipment, renovation, or remodeling of
126educational facilities. Bonds authorized pursuant to this
127subsection shall be requested by the community college board of
128trustees and shall be issued by the Division of Bond Finance in
129compliance with s. 11(d), Art. VII of the State Constitution and
130the State Bond Act. The Division of Bond Finance may pledge fees
131collected by one or more community colleges to secure such
132bonds. Any project included in the approved educational plant
133survey pursuant to chapter 1013 is approved pursuant to s.
13411(f), Art. VII of the State Constitution.
135     (c)  Bonds issued pursuant to this subsection may be
136validated in the manner provided by chapter 75. Only the initial
137series of bonds is required to be validated. The complaint for
138such validation shall be filed in the circuit court of the
139county where the seat of state government is situated, the
140notice required to be published by s. 75.06 shall be published
141only in the county where the complaint is filed, and the
142complaint and order of the circuit court shall be served only on
143the state attorney of the circuit in which the action is
144pending.
145     (d)  A Florida College System institution that has less
146than 65 percent of relative space needs met, as determined by
147the Division of Florida Colleges by January 1 of each year, may
148establish a capital improvement fee which may not exceed 20
149percent of tuition for resident students or 20 percent of
150tuition and out-of-state fees for nonresident students for the
151subsequent 5 fiscal years. Funds collected through the capital
152improvement fee in accordance with this paragraph that exceed 10
153percent of tuition for resident students or 10 percent of
154tuition and out-of-state fees for nonresident students may not
155be bonded. Funds collected through the capital improvement fee
156in accordance with this paragraph may be spent on any project or
157improved real property acquisition that meets the survey and
158construction requirements of chapter 1013.
159     (e)(d)  A maximum of 15 percent may be allocated from the
160capital improvement fee for child care centers conducted by the
161community college. The use of capital improvement fees for such
162purpose shall be subordinate to the payment of any bonds secured
163by the fees.
164     (f)(e)  The state does hereby covenant with the holders of
165the bonds issued under this subsection that it will not take any
166action that will materially and adversely affect the rights of
167such holders so long as the bonds authorized by this subsection
168are outstanding.
169     Section 3.  This act shall take effect July 1, 2011.


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