Florida Senate - 2017                                     SB 930
       By Senator Baxley
       12-01233A-17                                           2017930__
    1                        A bill to be entitled                      
    2         An act relating to access to capital; amending s.
    3         215.84, F.S.; redefining the term “revenue bonds”;
    4         amending s. 288.9602, F.S.; revising legislative
    5         findings; amending s. 288.9604, F.S.; expanding the
    6         authority of the Florida Development Finance
    7         Corporation to function within the corporate limits of
    8         this state as opposed to the corporate limits of an
    9         agency with which it has entered into an interlocal
   10         agreement; authorizing meetings of the directors of
   11         the corporation to be conducted through
   12         teleconference; ratifying certain actions taken by the
   13         board of directors of the Florida Development Finance
   14         Corporation on a specified date without regard to
   15         vacancies on the board; amending s. 288.9605, F.S.;
   16         deleting a requirement that interlocal agreements
   17         entered into by the corporation be executed pursuant
   18         to specified provisions of ch. 163, F.S.; authorizing
   19         the execution of documents by electronic signature;
   20         amending s. 288.9606, F.S.; increasing the maximum
   21         maturation date for specified bonds, notes, or other
   22         forms of indebtedness; deleting a requirement that the
   23         Florida Development Finance Corporation receive
   24         authority to issue revenue bonds from a public agency;
   25         specifying that bonds issued by the corporation are
   26         not a debt, liability, or obligation of the state or
   27         of any political subdivision thereof; providing
   28         requirements for the issuance of specified bonds;
   29         amending s. 288.9610, F.S.; revising the entities to
   30         which the corporation must submit an annual report;
   31         providing an effective date.
   33  Be It Enacted by the Legislature of the State of Florida:
   35         Section 1. Paragraph (b) of subsection (2) of section
   36  215.84, Florida Statutes, is amended to read:
   37         215.84 Government bonds; maximum rate of interest.—
   38         (2) As used in this section and s. 215.845:
   39         (b) “Bonds” includes:
   40         1. “General obligation bonds,” which are obligations
   41  secured by the full faith and credit of a governmental unit or
   42  payable from the proceeds of ad valorem taxes of a governmental
   43  unit.
   44         2. “Revenue bonds,” which are obligations of a governmental
   45  unit issued to pay the cost of a self-liquidating project or
   46  improvements thereof, or combination of one or more projects or
   47  improvements thereof, and payable from the earnings of such
   48  project and any other special funds authorized to be pledged as
   49  additional security therefor, except for bonds issued to finance
   50  projects under part II, part III, or part V of chapter 159,
   51  projects under part X of chapter 288, or health facilities under
   52  part III of chapter 154.
   53         3. “Bond anticipation notes,” which are notes issued by a
   54  governmental unit in anticipation of the issuance of general
   55  obligation or revenue bonds.
   56         4. “Limited revenue bonds,” which are obligations issued by
   57  a governmental unit to pay the cost of a project or improvement
   58  thereof, or combination of one or more projects or improvements
   59  thereof, and payable from funds of a governmental unit,
   60  exclusive of ad valorem taxes, special assessments, or earnings
   61  from such projects or improvements.
   62         5. “Special assessment bonds,” which are bonds that provide
   63  for capital improvements and are paid in whole or in part by
   64  levying and collecting special assessments on the abutting,
   65  adjoining, contiguous, or other specially benefited property.
   66         Section 2. Subsection (8) of section 288.9602, Florida
   67  Statutes, is amended to read:
   68         288.9602 Findings and declarations of necessity.—The
   69  Legislature finds and declares that:
   70         (8) In order to efficiently and effectively achieve the
   71  purposes of this act, it is necessary and in the public interest
   72  to create a special development finance authority to provide
   73  access to capital cooperate and act in conjunction with, but
   74  separate from the entitlements approval process of, public
   75  agencies of this state and local governments of this state,
   76  through interlocal agreements pursuant to the Florida Interlocal
   77  Cooperation Act of 1969, in the promotion and advancement of
   78  projects related to economic development, including
   79  redevelopment of brownfield areas, throughout the state.
   80         Section 3. Subsection (1) and paragraph (b) of subsection
   81  (3) of section 288.9604, Florida Statutes, are amended to read:
   82         288.9604 Creation of the authority.—
   83         (1) There is created a public body corporate and politic
   84  known as the “Florida Development Finance Corporation.” The
   85  corporation shall be constituted as a public instrumentality,
   86  and the exercise by the corporation of the powers conferred by
   87  this act shall be deemed and held to be the performance of an
   88  essential public function. The corporation has the power to
   89  function within the corporate limits of this state any public
   90  agency with which it has entered into an interlocal agreement
   91  for any of the purposes of this act.
   92         (3)
   93         (b) The powers of the corporation shall be exercised by its
   94  the directors thereof. A majority of the directors constitutes a
   95  quorum for the purposes of conducting business and exercising
   96  the powers of the corporation and for all other purposes.
   97  Meetings of the directors may be conducted by teleconference.
   98  Action may be taken by the corporation upon a vote of a majority
   99  of the directors present, unless in any case the bylaws require
  100  a larger number. A Any person may be appointed as director if he
  101  or she resides, owns or is engaged in business, which means
  102  owning a business, practices practicing a profession, performs
  103  or performing a service for compensation, or serves serving as
  104  an officer or director of a corporation or other business entity
  105  in this so engaged, within the state.
  106         Section 4. The adoption of Resolution No. 15-01 on April 7,
  107  2015, by the directors of the Florida Development Finance
  108  Corporation to ratify certain actions of the directors,
  109  officers, and employees of the corporation which were in
  110  furtherance of the purposes of the act, as defined in s.
  111  288.9603, Florida Statutes, is deemed valid and binding to
  112  ratify such actions as of the original date those actions were
  113  taken without regard to any board vacancies occurring on or
  114  after January 1, 2008.
  115         Section 5. Paragraph (e) of subsection (2) of section
  116  288.9605, Florida Statutes, is amended, and paragraph (x) is
  117  added to that subsection, to read:
  118         288.9605 Corporation powers.—
  119         (2) The corporation is authorized and empowered to:
  120         (e) Enter into interlocal agreements pursuant to s.
  121  163.01(7) with public agencies of this state for the exercise of
  122  any power, privilege, or authority consistent with the purposes
  123  of this act.
  124         (x) Execute and deliver documents, agreements, and
  125  instruments in accordance with and to the extent authorized by
  126  the Electronic Signature Act of 1996, Part I of chapter 688.
  127         Section 6. Subsections (1), (2), and (3), of section
  128  288.9606, Florida Statutes, are amended to read:
  129         288.9606 Issue of revenue bonds.—
  130         (1) When authorized by a public agency pursuant to s.
  131  163.01(7), The corporation has power in its corporate capacity,
  132  in its discretion, to issue revenue bonds or other evidences of
  133  indebtedness which a public agency has the power to issue, from
  134  time to time to finance the undertaking of any purpose of this
  135  act, including, without limiting the generality thereof, the
  136  payment of principal and interest upon any advances for surveys
  137  and plans or preliminary loans, and has the power to issue
  138  refunding bonds for the payment or retirement of bonds
  139  previously issued. Bonds issued pursuant to this section shall
  140  bear the name “Florida Development Finance Corporation Revenue
  141  Bonds.” The security for such bonds may be based upon such
  142  revenues as are legally available. In anticipation of the sale
  143  of such revenue bonds, the corporation may issue bond
  144  anticipation notes and may renew such notes from time to time,
  145  but the maximum maturity of any such note, including renewals
  146  thereof, may not exceed 5 years from the date of issuance of the
  147  original note. Such notes shall be paid from any revenues of the
  148  corporation available therefor and not otherwise pledged or from
  149  the proceeds of sale of the revenue bonds in anticipation of
  150  which they were issued. Any bond, note, or other form of
  151  indebtedness issued pursuant to this act shall mature no later
  152  than the end of the 40th 30th fiscal year after the fiscal year
  153  in which the bond, note, or other form of indebtedness was
  154  issued.
  155         (2) Bonds issued under this section do not constitute an
  156  indebtedness within the meaning of any constitutional or
  157  statutory debt limitation or restriction, and are not subject to
  158  the provisions of any other law or charter relating to the
  159  authorization, issuance, or sale of bonds. Bonds issued under
  160  the provisions of this act are declared to be for an essential
  161  public and governmental purpose. Bonds issued under this act,
  162  the interest on which is exempt from income taxes of the United
  163  States, together with interest thereon and income therefrom, are
  164  exempted from all taxes, except those taxes imposed by chapter
  165  220, on interest, income, or profits on debt obligations owned
  166  by corporations, pursuant to s. 159.31. Bonds issued under this
  167  part are not a debt, liability, or obligation of the state or
  168  any political subdivision of the state, and do not pledge the
  169  faith and credit of the corporation or the state, or any
  170  political subdivision of the state, but are payable solely from
  171  the revenues provided for that purpose. Each bond issued under
  172  this part must state on its face that the corporation is not
  173  obligated to pay the principal of or the interest on the bond
  174  from the revenues and proceeds pledged for that purpose, and
  175  that neither the faith and credit nor the taxing power of the
  176  corporation or the state, or of any political subdivision of the
  177  state, is pledged to the payment of the principal of or the
  178  interest on such bonds.
  179         (3) Bonds issued under this section shall be authorized by
  180  a public agency of this state pursuant to the terms of an
  181  interlocal agreement, unless such bonds are issued pursuant to
  182  subsection (7); may be issued in one or more series; and must
  183  shall bear such date or dates, be payable upon demand or mature
  184  at such time or times, bear interest rate or rates, be in such
  185  denomination or denominations, be in such form either with or
  186  without coupon or registered, carry such conversion or
  187  registration privileges, have such rank or priority, be executed
  188  in such manner, be payable in such medium of payments at such
  189  place or places, be subject to such terms of redemption, with or
  190  without premium, be secured in such manner, and have such other
  191  characteristics as may be provided by the corporation. Bonds
  192  issued under this section may be sold in such manner, either at
  193  public or private sale, and for such price as the corporation
  194  may determine will effectuate the purpose of this act.
  195         Section 7. Section 288.9610, Florida Statutes, is amended
  196  to read:
  197         288.9610 Annual reports of Florida Development Finance
  198  Corporation.—On or before 90 days after the close of the Florida
  199  Development Finance Corporation’s fiscal year, the corporation
  200  shall submit to the Governor, the Legislature, the Auditor
  201  General, and the governing body of each public entity for which
  202  the corporation issues revenue bonds pursuant to s. 288.9606
  203  with which it has entered into an interlocal agreement a
  204  complete and detailed report setting forth:
  205         (1) The results of any audit conducted pursuant to s.
  206  11.45.
  207         (2) The activities, operations, and accomplishments of the
  208  Florida Development Finance Corporation, including the number of
  209  businesses assisted by the corporation.
  210         (3) Its assets, liabilities, income, and operating expenses
  211  at the end of its most recent fiscal year, including a
  212  description of all of its outstanding revenue bonds.
  213         Section 8. This act shall take effect July 1, 2017.