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 Appropriations Committee on Education
BILL: CS/CS/SB 222
INTRODUCER: Appropriations Committee on Education; Education Postsecondary Committee; and
Senator Rodriguez
SUBJECT: College Campus Facilities in Areas of Critical State Concern
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jahnke Bouck HE Fav/CS
2. Gray Elwell AED Fav/CS
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/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 (FCS) 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 authorizes certain funds to be used
to construct or maintain dormitories.
This bill has no fiscal impact. See fiscal, section V.
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
1
Section 1013.40, F.S.
REVISED: BILL: CS/CS/SB 222 Page 2
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
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. 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.
6
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.
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.
7
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.
8
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. However, nonpublic
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 (last visited Jan. 16, 2024).
3
Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023), with attachment (on file with the
Senate Committee on Higher Education).
4
Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023)., (on file with the Senate Committee
on Higher Education).
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
Id., F.S. Email, Florida Department of Education, Division of Florida Colleges (Nov. 20, 2023) (on file with Senate
Committee on Higher Education).
8
Section 1004.70(4), F.S. BILL: CS/CS/SB 222 Page 3
entities may issue bonds as part of a public-private partnership between the college and a
nonpublic entity.
9
III. Effect of Proposed Changes:
This bill amends s. 1013.40, F.S., to provide 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 (FCS) institution. The bill also revises
from 25 to 50 the number of dormitory beds that may be provided for such individuals.
The bill authorizes state grant funds and capital improvement fee revenues to be used for the
construction, debt service payments, maintenance, or operation of dormitories.
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.
9
Section 1013.40(4), F.S. BILL: CS/CS/SB 222 Page 4
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1013.40 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations Committee on Education on January 24, 2024:
The committee substitute retains the provisions in the bill regarding dormitory beds and
makes the following modifications:
Retains current law requiring all Florida College System dormitory occupants to be
evacuated 48 hours in advance from tropical force winds.
The amendment also provides a cross-reference to clarify the allowance of certain
fees that can be used for construction and maintenance of dormitories.
CS by Education Postsecondary on January 9, 2023:
The committee substitute retains the provisions in the bill regarding dormitory beds and
makes the following modifications:
Revises a Florida College System institution’s hurricane evacuation plan to require all
dormitory occupants to be evacuated 48 hours in advance from hurricane-force winds
rather than tropical storm-force winds.
Authorizes state grant funds and capital improvement fees to be used for the
construction and maintenance of dormitories.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.