CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 3125

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Kirkpatrick moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, between lines 10 and 11,

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16  insert:

17         Section 1.  Subsections (1), (3), (9), and (10) of

18  section 403.1835, Florida Statutes, are amended to read:

19         403.1835  Sewage treatment facilities revolving loan

20  program.--

21         (1)  The purpose of this section is to assist in

22  implementing the legislative declaration of public policy as

23  contained in s. 403.021 by establishing a self-perpetuating

24  loan program to accelerate construction of sewage treatment

25  facilities by local governmental agencies and to assist local

26  governmental agencies.

27         (3)  The department is authorized to make loans and

28  grants to local governmental agencies to assist them in

29  planning, designing, and constructing sewage treatment

30  facilities and stormwater management systems. The department

31  may administer the resulting portfolio of loans, including the

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                                                  SENATE AMENDMENT

    Bill No. HB 3125

    Amendment No.    





 1  authority to sell or pledge the loans, or any portion of the

 2  loans, with the approval of the Governor, the Treasurer, and

 3  the Comptroller, acting as the State Board of Administration,

 4  to ensure compliance with subsection (1).

 5         (a)  The department is authorized to make loans, to

 6  provide loan guarantees, to purchase loan insurance, and to

 7  refinance local debt through the issue of new loans for

 8  projects approved by the department. Local governmental

 9  agencies are authorized to borrow funds made available

10  pursuant to this section and may pledge any revenue available

11  to them to repay any funds borrowed.  The department shall

12  administer loans to local governmental agencies so that at

13  least 15 percent of each annual allocation for loans is

14  reserved for small communities.

15         (b)  The department may make grants to financially

16  disadvantaged small communities, as defined in s. 403.1838,

17  using funds made available from grant allocations on loans

18  authorized under subsection (4). The grants must be

19  administered in accordance with s. 403.1838.

20         (c)  The department may make grants to local government

21  agencies as authorized under the Federal Water Pollution

22  Control Act, or as a result of other federal action. The

23  grants must be administered in accordance with this section

24  and applicable federal requirements.

25         (9)  Funds for the loans and grants authorized under

26  this section must be managed as follows:

27         (a)  A nonlapsing trust fund with revolving loan

28  provisions to be known as the "Sewage Treatment Revolving Loan

29  Fund" is hereby established in the State Treasury to be used

30  as a revolving fund by the department to carry out the purpose

31  of this section.  Any funds therein which are not needed on an

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                                                  SENATE AMENDMENT

    Bill No. HB 3125

    Amendment No.    





 1  immediate basis for loans may be invested pursuant to s.

 2  215.49. The cost of administering the program shall be paid

 3  from federal funds, and from reasonable service fees that may

 4  be imposed upon loans, and from proceeds from the sale of

 5  loans as permitted by federal law so as to enhance program

 6  perpetuity.  Grants awarded by the Federal Government, state

 7  matching funds, and investment earnings thereon shall be

 8  deposited into the fund. Proceeds from the sale of loans must

 9  be deposited into the fund. All moneys available in the fund,

10  including investment earnings, are hereby designated to carry

11  out the purpose of this section. The principal and interest

12  payments of all loans held by the fund repaid and investment

13  earnings shall be deposited into this fund.

14         (b)  Revenues from the loan grant allocations

15  authorized under subsection (4), federal appropriations, state

16  matching funds for grants authorized by federal statute or

17  other federal action, and service fees, and all earnings

18  thereon, shall be deposited into the department's Grants and

19  Donations Trust Fund. Service fees and all earnings thereon

20  must be used solely for program administration. The loan grant

21  allocation revenues and earnings thereon must be used solely

22  for the purpose of making grants to financially disadvantaged

23  small communities. Federal appropriations and state matching

24  funds for grants authorized by federal statute or other

25  federal action, and earnings thereon, must be used solely for

26  the purposes authorized. All deposits into the department's

27  Grants and Donations Trust Fund under this section, and

28  earnings thereon, must be accounted for separately from all

29  other moneys deposited into the fund.

30         (10)(a)  Because the Legislature has experienced

31  revenue shortfalls in recent years and has been unable to

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                                                  SENATE AMENDMENT

    Bill No. HB 3125

    Amendment No.    





 1  provide enough funds to fully match available federal funds to

 2  help capitalize the Sewage Treatment Revolving Loan Fund, it

 3  is necessary for innovative approaches to be considered to

 4  help capitalize the revolving loan fund. The department shall

 5  evaluate potential innovative approaches that can generate

 6  funds to match available federal funds. The department may

 7  adopt approaches that will help ensure the continuing

 8  viability of the Sewage Treatment Revolving Loan Fund. The

 9  department shall consider, among other possible alternatives,

10  the option of implementing by rule a program to allow local

11  governments to offer funds voluntarily to the state for use as

12  a match to available federal funds to capitalize the state

13  sewage treatment revolving loan fund.

14         (b)  The department may adopt rules necessary to

15  administer this section.

16

17  (Redesignate subsequent sections.)

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19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         On page 1, line 2, delete that line

23

24  and insert:

25         An act relating to pollution control; amending

26         s. 403.1835, F.S.; providing for the

27         administration of the sewage treatment

28         facilities revolving loan program;

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