The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Education Postsecondary
BILL: SB 222
INTRODUCER: Senator Rodriguez
SUBJECT: College Campus Facilities in Areas of Critical State Concern
DATE: January 8, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Pre-meeting
2. AED
3. AP
I. Summary:
SB 222 provides that additional beds for healthcare workers may be included in the construction
of dormitories on the campus of a Florida College System institution, and revises the number of
beds that may be provided in such dormitories for employees, educators, healthcare workers, and
first responders. Additionally, the bill updates those funds that may not be used to construct or
maintain dormitories to specify state appropriations, and remove the prohibition on the use of
tuition and fee revenue.
The bill is effective July 1, 2024.
II. Present Situation:
Florida College System Dormitory Facilities
A Florida College System (FCS) institution or its direct-support organization has limited
authority to plan and construct facilities and to acquire additional property.
1
Residency
opportunities within the FCS are predominantly off campus and provided through a third party,
often for specific student populations such as international students, student-athletes, or specific
scholarship recipients.
2
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.
3
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
1
Section 1013.40, F.S.
2
Florida College System, Student Housing in the Florida College System, available at
http://www.fldoe.org/core/fileparse.php/7480/urlt/0082726-faqhousing.pdf.
3
Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023), with attachment.
REVISED: BILL: SB 222 Page 2
to operate a college-owned dormitory for athletes only. Florida Gateway College allows any
student to apply for their limited number of beds.
4
An FCS institution campus within a municipality designated as an area of critical state concern,
5
which meets planning and development requirements, may 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
In 2008, the College of the Florida Keys (CFK) was granted legislative authority to build a
dormitory facility with 100 beds, which was subsequently constructed and opened in 2011.
8
Although there has been no further construction of student housing at CFK, the authorized
number of beds has increased to 365, and there are restrictions regarding bonding and the
revenues CFK can use for construction, debt service payments, maintenance and operation of
dorm facilities. CFK is the only college within a municipality designated as an area of critical
state concern that meets the requirements specified in law.
9
Other colleges can provide student housing only through their foundations. A direct-support
organization may, at the request of the board of trustees, provide residency opportunities on or
near campus for students.
10
State funds and tuition and fee revenues may not be used for construction, debt service
payments, maintenance, or operation of such dormitories. Additional dormitory beds constructed
after July 1, 2016, may not be financed through the issuance of bonds.
11
However, nonpublic
entities may issue bonds as part of a public-private partnership between the college and a
nonpublic entity.
III. Effect of Proposed Changes:
The bill amends s. 1013.40, F.S., by providing that beds for healthcare workers may be included
in the additional beds authorized for employees, educators, and first responders in the
construction of dormitories on the campus of a Florida College System institution. The bill also
revises from 25 to 50 the number of dormitory beds that may be provided for such individuals.
4
Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023).
5
Section 380.05, F.S. The Areas of Critical State Concern Program was created by the "Florida Environmental Land and
Water Management Act of 1972." The 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. The designated Areas of Critical State Concern are the Apalachicola Bay Area, the Green Swamp Area,
the Big Cypress Area, the Florida Keys Area, and the City of Key West Area.
6
Section 1013.40(4), F.S.
7
Section 1013.40(4), F.S.
8
Section 1013.40(4), F.S. Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023).
9
Id.
10
Section 1004.70(4)(a), F.S.
11
Section 1013.40(4), F.S. BILL: SB 222 Page 3
Additionally, the bill updates which funds may not be used for the construction, debt service
payments, maintenance, or operation of dormitories. The bill prohibits the use of state
appropriations rather than state funds, and removes the prohibition on the use of tuition and fee
revenue.
The bill is effective July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None. BILL: SB 222 Page 4
VIII. Statutes Affected:
This bill substantially amends section 1013.40 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.