This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0217.PEW
DATE: 1/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 217 College Campus Facilities in Areas of Critical State Concern
SPONSOR(S): Mooney
TIED BILLS: None. IDEN./SIM. BILLS: SB 222
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Postsecondary Education & Workforce
Subcommittee
Collins Kiner
2) Education & Employment Committee
SUMMARY ANALYSIS
The bill maintains the cap of 340 dormitory beds that may be provided for students at a Florida College System
(FCS) institution located in a municipality within an area of critical state concern, but expands the categories of
non-students that may be housed within such dormitories to include health care workers. Additionally, the bill
increases the cap on non-student beds to 50 from 25.
The bill also repeals the prohibition on the use of state funds and tuition and fee revenues for the construction,
debt service payments, maintenance, or operation of FCS dormitories located in a municipality designated as
an area of critical state concern. Instead, the bill specifies any funds used to construct, maintain, or operate
dormitories may not come from state appropriations.
As the College of Florida Keys is the only FCS institution located in a municipality designated as an area of
critical state concern, the bill’s changes only apply to the College of the Florida Keys.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0217.PEW PAGE: 2
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Areas of Critical State Concern
The Areas of Critical State Concern Program (Program) is intended to protect resources and public
facilities of major statewide significance, within designated geographic areas, from uncontrolled
development that would cause substantial deterioration of such resources.
1
The designated Areas of
Critical State Concern are the Apalachicola Bay Area (Franklin County), Brevard Barrier Island Area
(Brevard County), Green Swamp Area (portions of Polk and Lake Counties), the Big Cypress Area
(portions of Collier, Miami-Dade, and Monroe Counties), the Florida Keys Area (Monroe County), and
the City of Key West Area (Monroe County).
2
Currently, the College of the Florida Keys in Monroe
County is the only FCS institution located within a municipality designated as an area of critical state
concern.
3
Florida College System Dormitory Facilities
An FCS institution and its direct-support organization have limited authority to plan and construct
facilities and to acquire additional property.
4
Residency opportunities within the FCS are predominately
off campus and provided through a third party, often for specific student populations such as
international students, student athletes, or specific scholarship recipients.
5
FCS institutions were
developed as commuter schools. With 28 institutions and multiple campuses all over the state, colleges
were located so students would drive no further than 50 miles to be able to attend college. Historically,
two colleges have institution-owned dormitories, Chipola College and Florida Gateway College, which
were started in facilities that originally housed World War II bases for servicemen. Chipola College
continues to operate a college-owned dormitory for athletes only. Florida Gateway College allows any
student to apply for their limited number of beds.
Florida law also authorizes an FCS institution campus within a municipality designated as an area of
critical state concern, and having a comprehensive plan and land development regulations containing a
building permit allocation system that limits annual growth, to construct dormitories for up to 340 beds
for FCS institution students, and an additional 25 beds for employees, educators, and first responders.
6
Such dormitories are exempt from the building permit allocation system and may be constructed up to
60 feet in height if the dormitories are otherwise consistent with the comprehensive plan, the FCS
institution has a hurricane evacuation plan that requires all dormitory occupants to be evacuated 48
hours in advance of tropical force winds, and transportation is provided for dormitory occupants during
an evacuation.
7
State funds and tuition and fee revenues may not be used for construction, debt service payments,
maintenance, or operation of such dormitories.
8
Additional dormitory beds constructed after July 1,
1
See ‘Areas of Critical State Concern Program,’ on Florida Department of Commerce’s website at
https://www.floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/areas-of-critical-
state-concern. (last visited November 28, 2023).
2
Sections 380.05 – 380.0555, F.S.
3
Section 1013.40(4), F.S.
4
Section 1013.40, F.S.
5
Florida College System, Student Housing in the Florida College System, available at
http://www.fldoe.org/core/fileparse.php/7480/urlt/0082726-faqhousing.pdf.
6
Section 1013.40(4), F.S. Currently, only the College of the Florida Keys meets this requirement and is able to construct such
dormitory facilities.
7
Id.
8
Id. STORAGE NAME: h0217.PEW PAGE: 3
DATE: 1/23/2024
2016, may not be financed through the issuance of bonds.
9
However, nonpublic entities may issue
bonds as part of a public-private partnership between the college and a nonpublic entity.
10
Currently, the College of the Florida Keys (CFK) is the only college within a municipality designated as
an area of critical state concern that meets the requirements specified in law.
The College of the Florida Keys
In 2008, CFK was granted legislative authority to build a dormitory facility with 100 beds, which was
subsequently constructed and opened in 2011. Although there has been no further construction of
student housing at CFK, the authorized number of beds has increased to 340 beds for FCS students
and 25 beds for employees, educators, and first responders.
Effect of the Bill
The bill maintains the cap of 340 beds that may be provided for students in an FCS dormitory located in
an area of critical state concern, but expands the categories of non-students that may be housed within
such dormitories to include health care workers. Additionally, the bill increases the cap on non-student
beds to 50 from 25.
The bill also repeals the prohibition on the use of state funds and tuition and fee revenues for the
construction, debt service payments, maintenance, or operation of FCS dormitories located in a
municipality designated as an area of critical state concern. Instead, the bill specifies any funds used to
construct, maintain, or operate dormitories may not come from state appropriations.
As CFK is the only FCS institution located in a municipality designated as an area of critical state
concern, the bill’s proposed changes only apply to CFK.
B. SECTION DIRECTORY:
Section 1: Amends s. 1013.40, F.S.; to expand the categories of non-students that may be
housed within certain FCS dormitories, increases the cap on non-student beds in
such dormitories, and allows state funds, such as tuition and fee revenues to be
used for construction, debt service, or operation of such dormitories.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
9
Id.
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DATE: 1/23/2024
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill repeals the prohibition on the use of state funds and tuition and fee revenues for the
construction, debt service payments, maintenance, or operation of FCS dormitories located in a
municipality designated as an area of critical state concern. Instead, the bill specifies any funds used to
construct, maintain, or operate dormitories may not come from state appropriations.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill’s proposed changes are intended to authorize CFK to use of tuition and fee revenue for the
construction, debt service payments, or operation of a new dormitory. However, tuition revenue is
intended to cover the cost of instruction. Further, the bill does not specify which fee or fees the revenue
of which the college would like to use.
The bill revises language related to the requirement CFK have a hurricane evacuation plan that
requires all dormitory occupants to be evacuated 48 hours in advance of tropical force winds. In doing
so, the bill substitutes the term, ‘tropical storm-force winds’ for ‘tropical force winds.’ It is unclear is this
is intended to be a substantive change, or rather, a bill drafting error.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.