Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 1632
       
       
       
       
       
       
                                Barcode 492710                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/16/2013 12:08 PM       .                                
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       Senator Latvala moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 127 - 141
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) and paragraph
    6  (g) of subsection (7) of section 163.01, Florida Statutes, are
    7  amended to read:
    8         163.01 Florida Interlocal Cooperation Act of 1969.—
    9         (3) As used in this section:
   10         (b) “Public agency” means a political subdivision, agency,
   11  or officer of this state or of any state of the United States,
   12  including, but not limited to, state government, county, city,
   13  school district, single and multipurpose special district,
   14  single and multipurpose public authority, metropolitan or
   15  consolidated government, a separate legal entity or
   16  administrative entity created under subsection (7), a public
   17  transit provider as defined in s. 341.031, an independently
   18  elected county officer, any agency of the United States
   19  Government, a federally recognized Native American tribe, and
   20  any similar entity of any other state of the United States.
   21         (7)
   22         (g)1. Notwithstanding any other provisions of this section,
   23  any separate legal entity created under this section, the
   24  membership of which is limited to municipalities and counties of
   25  the state, and which may include a special district or a public
   26  agency of this state in addition to a municipality or county or
   27  both, may acquire, own, construct, improve, operate, and manage
   28  public facilities, or finance facilities on behalf of any
   29  person, relating to a governmental function or purpose,
   30  including, but not limited to, wastewater facilities, water or
   31  alternative water supply facilities, and water reuse facilities,
   32  which may serve populations within or outside of the members of
   33  the entity. Notwithstanding s. 367.171(7), any separate legal
   34  entity created under this paragraph is not subject to Public
   35  Service Commission jurisdiction. The separate legal entity may
   36  not provide utility services within the service area of an
   37  existing utility system unless it has received the consent of
   38  the utility.
   39         2. For purposes of this paragraph, the term:
   40         a. “Host government” means the governing body of the
   41  county, if the largest number of equivalent residential
   42  connections currently served by a system of the utility is
   43  located in the unincorporated area, or the governing body of a
   44  municipality, if the largest number of equivalent residential
   45  connections currently served by a system of the utility is
   46  located within that municipality’s boundaries.
   47         b. “Separate legal entity” means any entity created by
   48  interlocal agreement the membership of which is limited to two
   49  or more special districts, municipalities, or counties, or
   50  public agencies of the state, but which entity is legally
   51  separate and apart from any of its member governments.
   52         c. “System” means a water or wastewater facility or group
   53  of such facilities owned by one entity or affiliate entities.
   54         d. “Utility” means a water or wastewater utility and
   55  includes every person, separate legal entity, lessee, trustee,
   56  or receiver owning, operating, managing, or controlling a
   57  system, or proposing construction of a system, who is providing,
   58  or proposes to provide, water or wastewater service to the
   59  public for compensation.
   60         3. A separate legal entity that seeks to acquire any
   61  utility shall notify the host government in writing by certified
   62  mail about the contemplated acquisition not less than 30 days
   63  before any proposed transfer of ownership, use, or possession of
   64  any utility assets by such separate legal entity. The potential
   65  acquisition notice shall be provided to the legislative head of
   66  the governing body of the host government and to its chief
   67  administrative officer and shall provide the name and address of
   68  a contact person for the separate legal entity and information
   69  identified in s. 367.071(4)(a) concerning the contemplated
   70  acquisition.
   71         4.a. Within 30 days following receipt of the notice, the
   72  host government may adopt a resolution to become a member of the
   73  separate legal entity, adopt a resolution to approve the utility
   74  acquisition, or adopt a resolution to prohibit the utility
   75  acquisition by the separate legal entity if the host government
   76  determines that the proposed acquisition is not in the public
   77  interest. A resolution adopted by the host government which
   78  prohibits the acquisition may include conditions that would make
   79  the proposal acceptable to the host government.
   80         b. If a host government adopts a membership resolution, the
   81  separate legal entity shall accept the host government as a
   82  member on the same basis as its existing members before any
   83  transfer of ownership, use, or possession of the utility or the
   84  utility facilities. If a host government adopts a resolution to
   85  approve the utility acquisition, the separate legal entity may
   86  complete the acquisition. If a host government adopts a
   87  prohibition resolution, the separate legal entity may not
   88  acquire the utility within that host government’s territory
   89  without the specific consent of the host government by future
   90  resolution. If a host government does not adopt a prohibition
   91  resolution or an approval resolution, the separate legal entity
   92  may proceed to acquire the utility after the 30-day notice
   93  period without further notice.
   94         5. After the acquisition or construction of any utility
   95  systems by a separate legal entity created under this paragraph,
   96  revenues or any other income may not be transferred or paid to a
   97  member of a separate legal entity, or to any other special
   98  district, county, or municipality, or public agency of this
   99  state, from user fees or other charges or revenues generated
  100  from customers that are not physically located within the
  101  jurisdictional or service delivery boundaries of the member,
  102  special district, county, or municipality, or public agency
  103  receiving the transfer or payment. Any transfer or payment to a
  104  member, special district, or other local government, or public
  105  agency of this state must be solely from user fees or other
  106  charges or revenues generated from customers that are physically
  107  located within the jurisdictional or service delivery boundaries
  108  of the member, special district, or local government, or public
  109  agency receiving the transfer of payment.
  110         6. This section is an alternative provision otherwise
  111  provided by law as authorized in s. 4, Art. VIII of the State
  112  Constitution for any transfer of power as a result of an
  113  acquisition of a utility by a separate legal entity from a
  114  municipality, county, or special district, or public agency of
  115  this state.
  116         7. The entity may finance or refinance the acquisition,
  117  construction, expansion, and improvement of such facilities
  118  relating to a governmental function or purpose through the
  119  issuance of its bonds, notes, or other obligations under this
  120  section or as otherwise authorized by law. The entity has all
  121  the powers provided by the interlocal agreement under which it
  122  is created or which are necessary to finance, own, operate, or
  123  manage the public facility, including, without limitation, the
  124  power to establish rates, charges, and fees for products or
  125  services provided by it, the power to levy special assessments,
  126  the power to sell or finance all or a portion of such facility,
  127  and the power to contract with a public or private entity to
  128  manage and operate such facilities or to provide or receive
  129  facilities, services, or products. Except as may be limited by
  130  the interlocal agreement under which the entity is created, all
  131  of the privileges, benefits, powers, and terms of s. 125.01,
  132  relating to counties, and s. 166.021, relating to
  133  municipalities, are fully applicable to the entity. However,
  134  neither the entity nor any of its members on behalf of the
  135  entity may exercise the power of eminent domain over the
  136  facilities or property of any existing water or wastewater plant
  137  utility system, nor may the entity acquire title to any water or
  138  wastewater plant utility facilities, other facilities, or
  139  property which was acquired by the use of eminent domain after
  140  the effective date of this act. Bonds, notes, and other
  141  obligations issued by the entity are issued on behalf of the
  142  public agencies that are members of the entity.
  143         8. Any entity created under this section may also issue
  144  bond anticipation notes in connection with the authorization,
  145  issuance, and sale of bonds. The bonds may be issued as serial
  146  bonds or as term bonds or both. Any entity may issue capital
  147  appreciation bonds or variable rate bonds. Any bonds, notes, or
  148  other obligations must be authorized by resolution of the
  149  governing body of the entity and bear the date or dates; mature
  150  at the time or times, not exceeding 40 years from their
  151  respective dates; bear interest at the rate or rates; be payable
  152  at the time or times; be in the denomination; be in the form;
  153  carry the registration privileges; be executed in the manner; be
  154  payable from the sources and in the medium or payment and at the
  155  place; and be subject to the terms of redemption, including
  156  redemption prior to maturity, as the resolution may provide. If
  157  any officer whose signature, or a facsimile of whose signature,
  158  appears on any bonds, notes, or other obligations ceases to be
  159  an officer before the delivery of the bonds, notes, or other
  160  obligations, the signature or facsimile is valid and sufficient
  161  for all purposes as if he or she had remained in office until
  162  the delivery. The bonds, notes, or other obligations may be sold
  163  at public or private sale for such price as the governing body
  164  of the entity shall determine. Pending preparation of the
  165  definitive bonds, the entity may issue interim certificates,
  166  which shall be exchanged for the definitive bonds. The bonds may
  167  be secured by a form of credit enhancement, if any, as the
  168  entity deems appropriate. The bonds may be secured by an
  169  indenture of trust or trust agreement. In addition, the
  170  governing body of the legal entity may delegate, to an officer,
  171  official, or agent of the legal entity as the governing body of
  172  the legal entity may select, the power to determine the time;
  173  manner of sale, public or private; maturities; rate of interest,
  174  which may be fixed or may vary at the time and in accordance
  175  with a specified formula or method of determination; and other
  176  terms and conditions as may be deemed appropriate by the
  177  officer, official, or agent so designated by the governing body
  178  of the legal entity. However, the amount and maturity of the
  179  bonds, notes, or other obligations and the interest rate of the
  180  bonds, notes, or other obligations must be within the limits
  181  prescribed by the governing body of the legal entity and its
  182  resolution delegating to an officer, official, or agent the
  183  power to authorize the issuance and sale of the bonds, notes, or
  184  other obligations.
  185         9. Bonds, notes, or other obligations issued under this
  186  paragraph may be validated as provided in chapter 75. The
  187  complaint in any action to validate the bonds, notes, or other
  188  obligations must be filed only in the Circuit Court for Leon
  189  County. The notice required to be published by s. 75.06 must be
  190  published in Leon County and in each county that is a member of
  191  the entity issuing the bonds, notes, or other obligations, or in
  192  which a member of the entity is located, and the complaint and
  193  order of the circuit court must be served only on the State
  194  Attorney of the Second Judicial Circuit and on the state
  195  attorney of each circuit in each county that is a member of the
  196  entity issuing the bonds, notes, or other obligations or in
  197  which a member of the entity is located. Section 75.04(2) does
  198  not apply to a complaint for validation brought by the legal
  199  entity.
  200         10. The accomplishment of the authorized purposes of a
  201  legal entity created under this paragraph is in all respects for
  202  the benefit of the people of the state, for the increase of
  203  their commerce and prosperity, and for the improvement of their
  204  health and living conditions. Since the legal entity will
  205  perform essential governmental functions in accomplishing its
  206  purposes, the legal entity is not required to pay any taxes or
  207  assessments of any kind whatsoever upon any property acquired or
  208  used by it for such purposes or upon any revenues at any time
  209  received by it. The bonds, notes, and other obligations of an
  210  entity, their transfer, and the income therefrom, including any
  211  profits made on the sale thereof, are at all times free from
  212  taxation of any kind by the state or by any political
  213  subdivision or other agency or instrumentality thereof. The
  214  exemption granted in this subparagraph is not applicable to any
  215  tax imposed by chapter 220 on interest, income, or profits on
  216  debt obligations owned by corporations.
  217  
  218  
  219  ================= T I T L E  A M E N D M E N T ================
  220         And the title is amended as follows:
  221         Delete line 4
  222  and insert:
  223         agency” to include a public transit provider;
  224         providing that a public agency of this state may have
  225         membership in a separate legal entity created under
  226         the Florida Interlocal Cooperation Act of 1969;
  227         amending