1998 Florida Code
TITLE XVI EDUCATION
Chapter 243 Educational Institutions Law; Revenue Certificates  
PART I EDUCATIONAL INSTITUTIONS LAW (ss. 243.01-243.151)
243.151   Lease agreements; land, facilities.

243.151  Lease agreements; land, facilities.--

(1)  Each university is authorized to negotiate and, upon approval of the Board of Regents, enter into agreements to lease land under its jurisdiction to for-profit and nonprofit corporations, registered by the Secretary of State to do business in this state, for the purpose of erecting thereon facilities and accommodations necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the Board of Regents. Such agreement will be for a term not in excess of 99 years or the life expectancy of the permanent facilities constructed thereon, whichever is shorter, and shall include as a part of the consideration provisions for the eventual ownership of the completed facilities by the state. The Board of Trustees of the Internal Improvement Trust Fund upon request of the university shall lease any such property to the university for sublease as heretofore provided.

(2)  Each university is authorized to enter into agreements with for-profit and nonprofit corporations, registered by the Secretary of State to do business in this state, whereby income-producing buildings, improvements, and facilities necessary and desirable to serve the needs and purposes of the university, as determined by the systemwide strategic plan adopted by the Board of Regents, are acquired by purchase or lease-purchase by the university, upon approval of the Board of Regents and approval of the project by the Legislature. When such agreements provide for lease-purchase of facilities erected on land that is not under the jurisdiction of the university, the agreement shall include as a part of the consideration provisions for the eventual ownership of the land and facility by the state. Agreements for lease-purchase shall not exceed 30 years or the life expectancy of the permanent facility constructed, whichever is shorter. Notwithstanding the provisions of any other law, the Board of Regents may enter into an agreement for the lease-purchase of a facility under this section for a term greater than 1 year when such term has been approved by the Legislature as part of the project. Each university, upon approval of the Board of Regents, is authorized to use any auxiliary trust funds, available and not otherwise obligated, to pay rent to the owner should income from the facilities not be sufficient in any debt payment period. The trust funds used for payment of rent shall be reimbursed as soon as possible to the extent that income from the facilities exceeds the amount necessary for such debt payment.

(3)  Upon approval by the Board of Regents, a university may:

(a)  Construct educational facilities on land that is owned by a direct-support organization, as defined in s. 240.299, or a governmental agency at the federal, state, county, or municipal level, if the university has acquired a long-term lease for the use of the land. The lease must be for at least 40 years or the expected time the facilities to be constructed on the land are expected to remain in a condition acceptable for use, whichever is longer.

(b)  Acquire a short-term lease from one of the entities listed in paragraph (a) for the use of land, if adequate temporary or relocatable facilities are available on the land.

(c)  Enter into a short-term lease for the use of land and buildings upon which capital improvements may be made.

If sufficient land is not available from any of the entities listed in paragraph (a), a university may acquire a short-term lease from a private landowner or developer.

(4)  Agreements as provided in this section shall be entered into with an offeror resulting from publicly announced competitive bids or proposals, except that the university may enter into an agreement with an entity enumerated in paragraph (3)(a) for leasing land or with a direct-support organization as provided in s. 240.299, which shall enter into subsequent agreements for financing and constructing the project after receiving competitive bids or proposals. Any facility constructed, lease-purchased, or purchased under such agreements, whether erected on land under the jurisdiction of the university or not, shall conform to the construction standards and codes applicable to university facilities. The Board of Regents shall adopt such rules as are necessary to carry out its duties and responsibilities imposed by this section.

(5)  Agreements executed by the Board of Regents prior to January 1, 1980, for the purposes listed herein shall be validated, and said board's capacity to act in such cases ratified and confirmed.

History.--ss. 1, 2, 4, ch. 69-404; ss. 27, 35, ch. 69-106; s. 12, ch. 75-302; s. 1, ch. 79-216; s. 116, ch. 79-222; ss. 1, 2, ch. 80-359; s. 4, ch. 82-137; s. 44, ch. 82-241; s. 16, ch. 94-230; s. 19, ch. 95-243; s. 30, ch. 95-392; s. 15, ch. 98-65.