This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0217c.APC
DATE: 2/8/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 217 College Campus Facilities in Areas of Critical State Concern
SPONSOR(S): Appropriations Committee, Postsecondary Education & Workforce Subcommittee, Mooney
TIED BILLS: None. IDEN./SIM. BILLS: CS/CS/SB 222
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Postsecondary Education & Workforce
Subcommittee
16 Y, 0 N, As CS Collins Kiner
2) Appropriations Committee 25 Y, 0 N, As CS Trexler Pridgeon
3) Education & Employment Committee
SUMMARY ANALYSIS
Current law authorizes a Florida College System (FCS) institution located in a municipality within an area of
critical state concern to construct dormitories for up to 340 beds for students and an additional 25 beds for
employees, educators, and first responders. The FCS institution is not permitted to use state funds or tuition
and fee revenues for construction, debt service payments, maintenance, or operation of the dormitories.
The College of the Florida Keys (CFK) is the only FCS institution that is located in a municipality within an area
of critical state concern; therefore, the bill’s changes only apply to CFK.
The bill expands the categories of non-students that may be housed within dormitories to include health care
workers and increases the cap on non-student beds from 25 to 50.
The bill also clarifies which revenues may be used for construction, debt service payments, maintenance, or
operation of dormitories and authorizes CFK to use grants and donations for capital outlay, as well as
revenues from the capital improvement fee, for such purposes. The bill does not authorize a new fee, as CFK
is authorized to assess a capital improvement fee under existing law.
The bill creates a requirement for the Division of Bond Finance to analyze financing prior to the issuance of any
bonds.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0217c.APC PAGE: 2
DATE: 2/8/2024
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 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: h0217c.APC PAGE: 3
DATE: 2/8/2024
2016, may not be financed through the issuance of bonds by the college.
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 for students,
11
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.
12
Capital Improvement Fees
Current law authorizes each FCS institution board of trustees to establish a separate fee for capital
improvements which may not exceed 20 percent of tuition for resident students or 20 percent of the
sum of tuition and out-of-state fees for nonresident students.
13
The fee for resident students is limited to
an increase of $2 per credit hour over the prior year.
14
The fee must be collected as a component part
of the tuition and fees, paid into a separate account, and expended only to acquire improved real
property or construct and equip, maintain, improve, or enhance the educational facilities of the FCS
institution.
15
Funds collected by FCS institutions through the fee may be bonded only for the purpose of
financing or refinancing new construction and equipment, renovation, remodeling of educational
facilities, or the acquisition and renovation or remodeling of improved real property for use as
educational facilities.
16
Division of Bond Finance
The Division of Bond Finance is authorized to issue bonds on behalf of local governments and
agencies of the State of Florida.
17
The Division is housed administratively within the State Board of
Administration and operates under the control of a governing board consisting of the Governor and
Cabinet.
18
The Division provides financial, legal, and marketing services necessary for the issuance
and sale of bonds, including performing financial analyses and structuring bond issues.
19
Effect of the Bill
The bill expands the categories of non-students that may be housed within CFK dormitories to include
health care workers and increases the cap on non-student beds from 25 to 50.
The bill also clarifies which revenues may be used for construction, debt service payments,
maintenance, or operation of dormitories and authorizes CFK to use grants and donations for capital
outlay, as well as revenues from the capital improvement fee, for such purposes. The bill does not
authorize a new fee, as CFK is authorized to assess a capital improvement fee under existing law.
The bill creates a requirement for the Division of Bond Finance to review financing prior to the issuance
of any bonds by a nonpublic entity as part of a public-private partnership with the college.
9
Id.
10
Id.
11
S. 4, ch. 2008-213, Laws of Fla.
12
See s. 1, ch. 2016-32, and s. 68, ch. 2022-154, Laws of Fla.
13
Section 1009.23(11)(a) and (b), F.S.
14
Id.
15
Id.
16
Id.
17
Section 215.64, F.S.
18
Section 215.62, F.S.
19
Supra note 17. STORAGE NAME: h0217c.APC PAGE: 4
DATE: 2/8/2024
B. SECTION DIRECTORY:
Section 1: Amends s. 1009.23. F.S.; relating to Florida College System institution student
fees.
Section 2: Amends s. 1013.40, F.S.; relating to planning and construction of Florida College
System institution facilities and property acquisition.
Section 3: 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:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill authorizes CFK to use grants and donations for capital outlay, as well as revenues from the
capital improvement fee, for construction, debt service payments, maintenance, or operation of
dormitories. CFK is already authorized to assess the capital improvement fee under existing law. The
bill does not authorize a new fee. According to the Department of Education, CFK collected $325,153 in
capital improvement fees in Fiscal Year 2022-23.
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: STORAGE NAME: h0217c.APC PAGE: 5
DATE: 2/8/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 25, 2024, the Postsecondary Education & Workforce Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute. The amendment restores current
law with respect to CFK’s hurricane evacuation plan. The amendment also authorizes CFK to use state
grant funds and capital improvement fee revenues for the construction, debt service payments,
maintenance, or operation of dormitories. CFK is already authorized to assess the capital improvement
fee under existing law. Neither the bill, nor amendment authorize a new fee.
On February 8, 2024, the Appropriations Committee adopted a strike-all amendment and reported the
bill favorably as a committee substitute. The amendment maintains the same provisions as CS/HB 217
relating to non-student dormitory beds. The amendment provides clarification on which revenues the
college may use to construct, finance, maintain, or operate the dormitories and specifies that grants
and donations for capital outlay, as well as revenues from the capital improvement fee, may be used for
such purposes. The amendment also adds a requirement for the Division of Bond Finance to analyze
financing prior to the issuance of any bonds.
The analysis is drafted to the committee substitute adopted by the Appropriations Committee.