Florida 2023 Regular Session

Florida House Bill H0257 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 257 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to higher educational facilities 2
16	16	financing; amending s. 243.51, F.S.; modifying 3
17	17	legislative findings and declarations regarding the 4
18	18	Higher Education Facilities Financing Act; amending s. 5
19	19	243.53, F.S.; specifying when the term for a new 6
20	20	appointee to the Higher Educational Facilities 7
21	21	Financing Authority begins; defining the term 8
22	22	"communications media technology"; revising a 9
23	23	requirement for when action may be taken by the 10
24	24	authority; authorizing the authority to conduct 11
25	25	meetings and workshops by means of communications 12
26	26	media technology; providing notice requirements for 13
27	27	meetings and workshops; amending s. 243.54, F.S.; 14
28	28	authorizing the authority to contract with an entity 15
29	29	to assist with administrative matters; amending s. 16
30	30	243.58, F.S.; prohibiting the authority from entering 17
31	31	into a financing agreement with a participating 18
32	32	institution for a project if at the time the agreement 19
33	33	is executed certain con ditions exist; amending s. 20
34	34	243.73, F.S.; revising the timeframe within which the 21
35	35	authority is required to submit a report to the 22
36	36	Governor and the Legislature; providing an effective 23
37	37	date. 24
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40	40	HB 257 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	Be It Enacted by the Legislature of the State of Florida: 26
52	52	27
53	53	Section 1. Section 243.51, Florida Statutes, is amended to 28
54	54	read: 29
55	55	243.51 Findings and declarations. —It is the purpose of ss. 30
56	56	243.50-243.77 to provide a measure of assistance and an 31
57	57	alternative method for enabling private institutions of higher 32
58	58	education in of this state to provide the facilities and 33
59	59	structures that they need and to enable those institutions to 34
60	60	coordinate their budgetary needs with the timing of receipt of 35
61	61	tuition revenues. The necessity of the public interest of the 36
62	62	provisions hereinafter enacted is hereby declared as a matter of 37
63	63	legislative determination. 38
64	64	Section 2. Subsections (2) and (5) of section 243.53, 39
65	65	Florida Statutes, are amended to read: 40
66	66	243.53 Creation of Higher Educational Facilities Financing 41
67	67	Authority.— 42
68	68	(2) The authority shall consist of five members to be 43
69	69	appointed by the Governor, subject to confirmation by the 44
70	70	Senate. One member shall be a trustee, director, officer, or 45
71	71	employee of an institution of higher education. Of the members 46
72	72	first appointed, one shall serve fo r 1 year, one for 2 years, 47
73	73	one for 3 years, one for 4 years, and one for 5 years, and in 48
74	74	each case until his or her successor is appointed and has 49
75	75	qualified. Thereafter, the Governor shall appoint for terms of 5 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	years each a member or members to succeed th ose whose terms 51
89	89	expire, beginning on the later of the dates on which the current 52
90	90	term expires or the date of appointment by the Governor . The 53
91	91	Governor shall fill any vacancy for an unexpired term. A member 54
92	92	of the authority is eligible for reappointment. An y member of 55
93	93	the authority may be removed by the Governor for misfeasance, 56
94	94	malfeasance, or willful neglect of duty. Each member of the 57
95	95	authority before entering upon his or her duties shall take and 58
96	96	subscribe to the oath or affirmation required by the State 59
97	97	Constitution. A record of each oath must be filed in the office 60
98	98	of the Department of State and with the authority. 61
99	99	(5)(a) As used in this subsection, the term 62
100	100	"communications media technology" means telephone conference, 63
101	101	video conference, or other commu nications technology by which 64
102	102	all persons attending a public meeting or workshop may audibly 65
103	103	communicate. 66
104	104	(b) A majority of the members of the authority constitutes 67
105	105	a quorum, and the affirmative vote of a majority of the members 68
106	106	participating in the present at a meeting of the authority is 69
107	107	necessary for any action taken by the authority. A vacancy in 70
108	108	the membership of the authority does not impair the right of a 71
109	109	quorum to exercise all the rights and perform all the duties of 72
110	110	the authority. Any action take n by the authority under ss. 73
111	111	243.50-243.77 may be authorized by resolution at any regular or 74
112	112	special meeting, and each resolution takes shall take effect 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	immediately and does need not need to be published or posted. 76
126	126	The authority may conduct public meeting s and workshops by means 77
127	127	of communications media technology. The notice for any such 78
128	128	public meeting or workshop must state that the meeting or 79
129	129	workshop will be conducted through the use of communications 80
130	130	media technology, must specify how persons intereste d in 81
131	131	attending may do so, and must provide a location where 82
132	132	communications media technology facilities are available. The 83
133	133	participation by an officer, a board member, or any other 84
134	134	representative of a member public agency in a meeting or 85
135	135	workshop conducted through communications media technology 86
136	136	constitutes that individual's presence at such meeting or 87
137	137	workshop. 88
138	138	Section 3. Subsection (16) of section 243.54, Florida 89
139	139	Statutes, is amended to read: 90
140	140	243.54 Powers of the authority. —The purpose of the 91
141	141	authority is to assist institutions of higher education in 92
142	142	constructing, financing, and refinancing projects throughout the 93
143	143	state and, for this purpose, the authority may: 94
144	144	(16) Contract with an entity as its agent to assist the 95
145	145	authority with administrative mat ters and in screening 96
146	146	applications of institutions of higher education for loans under 97
147	147	ss. 243.50-243.77 and receive any recommendations the entity may 98
148	148	make. 99
149	149	Section 4. Subsection (2) of section 243.58, Florida 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	Statutes, is amended to read: 101
163	163	243.58 Criteria and requirements. —In undertaking any 102
164	164	project under ss. 243.50 -243.77, the authority shall be guided 103
165	165	by and shall observe the following criteria and requirements: 104
166	166	(2) A financing agreement for a project may not be entered 105
167	167	into with a participating institution that is not , at the time 106
168	168	such agreement is executed, financially responsible and fully 107
169	169	capable of and willing to fulfill its obligations under the 108
170	170	financing agreement, including the obligations to make payments 109
171	171	in the amounts and at the times r equired; to operate, repair, 110
172	172	and maintain at its own expense the project owned or leased; and 111
173	173	to serve the purposes of ss. 243.50 -243.77 and any other 112
174	174	responsibilities that may be imposed under the financing 113
175	175	agreement. In determining the financial responsi bility of the 114
176	176	participating institution, consideration will must be given to 115
177	177	the party's ratio of current assets to current liabilities; net 116
178	178	worth; endowments; pledges; earning trends; coverage of all 117
179	179	fixed charges; the nature of the project involved; its inherent 118
180	180	stability; any guarantee of the obligations by some other 119
181	181	financially responsible corporation, firm, or person; means by 120
182	182	which the bonds are to be marketed to the public; and other 121
183	183	factors determinative of the capability of the participating 122
184	184	institution, financially and otherwise, to fulfill its 123
185	185	obligations consistently with the purposes of ss. 243.50 -243.77. 124
186	186	Section 5. Subsection (1) of section 243.73, Florida 125
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188	188	HB 257 2023
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199	199	Statutes, is amended to read: 126
200	200	243.73 Reports; audits. — 127
201	201	(1) The authority shall s ubmit to the Governor and the 128
202	202	presiding officers of each house of the Legislature, within 6 2 129
203	203	months after the end of its fiscal year, a complete and detailed 130
204	204	report setting forth: 131
205	205	(a) Its operations and accomplishments. 132
206	206	(b) Its receipts and expenditur es during its fiscal year 133
207	207	in accordance with the categories or classifications established 134
208	208	by the authority for its operating and capital outlay purposes. 135
209	209	(c) Its assets and liabilities at the end of its fiscal 136
210	210	year and the status of reserve, special, or other funds. 137
211	211	(d) A schedule of its bonds outstanding at the end of its 138
212	212	fiscal year, together with a statement of the principal amounts 139
213	213	of bonds issued and redeemed during the fiscal year. 140
214	214	(e) Any other information the authority deems appropriate. 141
215	215	Section 6. This act shall take effect July 1, 2023. 142