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





                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Governmental Rules & Regulations offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 403.1835, Florida Statutes, is

19  amended to read:

20         403.1835  Water pollution control financial assistance

21  Sewage treatment facilities revolving loan program.--

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

23  implementing the legislative declaration of public policy as

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

25  loan program to accelerate the implementation of water

26  pollution control projects construction of sewage treatment

27  facilities by local governmental agencies and to assist local

28  governmental agencies.  Projects and activities that may be

29  funded are those eligible under s. 603 of the Federal Water

30  Pollution Control Act (Clean Water Act), Pub.. L. No. 92-500,

31  as amended; including, but not limited to, planning, design,

                                  1

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  construction, and implementation of wastewater management

 2  systems, stormwater management systems, nonpoint source

 3  pollution management systems, and estuary conservation and

 4  management.

 5         (2)  For the purposes of this section, the term:

 6         (a)  "Local governmental agencies" means local

 7  governmental agencies as defined in s. 403.1822(3).

 8         (b)  "Sewage treatment facilities" means all facilities

 9  necessary, including land, for the collection, treatment, or

10  disposal of domestic wastewater.

11         (b)(c)  "Bonds" means state bonds, certificates, or

12  other obligations of indebtedness issued by the Florida Water

13  Pollution Control Financing Corporation under Division of Bond

14  Finance of the State Board of Administration pursuant to this

15  section and s. 403.1837 the State Bond Act.

16         (c)  "Corporation" means the Florida Water Pollution

17  Control Financing Corporation.

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

19  grants to local governmental agencies to assist them in

20  planning, designing, and constructing sewage treatment

21  facilities and stormwater management systems. The department

22  may administer the resulting portfolio of loans, including the

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

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

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

26  to ensure compliance with subsection (1).

27         (a)  The department may provide financial assistance

28  through any program authorized under s. 603 of the Federal

29  Water Pollution Control Act (Clean Water Act), Pub. L. No.

30  92-500, as amended, including but not limited to making grants

31  and loans, providing loan guarantees, purchasing loan

                                  2

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  insurance or other credit enhancements, and buying or

 2  refinancing local debt is authorized to make loans, to provide

 3  loan guarantees, to purchase loan insurance, and to refinance

 4  local debt through the issue of new loans for projects

 5  approved by the department. This financial assistance must be

 6  administered in accordance with this section and applicable

 7  federal authorities.  The department shall administer all

 8  programs operated from funds secured through the activities of

 9  the Florida Water Pollution Control Financing Corporation

10  under s. 403.1837 to fulfill the purposes of this section.

11         (a)  The department may make or request the corporation

12  to make loans to local government agencies, which agencies may

13  pledge any revenue available to them to repay any funds

14  borrowed.

15         (b)  The department may make or request the corporation

16  to make loans, grants, and deposits to other entities eligible

17  to participate in the financial assistance programs authorized

18  under the Federal Water Pollution Control Act, or as a result

19  of other federal action, which entities may pledge any revenue

20  available to them to repay any funds borrowed.

21         (c)  The department shall administer financial

22  assistance so that at least 15 percent of the funding made

23  available each year under this section is reserved for use by

24  small communities during the year it is reserved. Local

25  governmental agencies are authorized to borrow funds made

26  available pursuant to this section and may pledge any revenue

27  available to them to repay any funds borrowed.  The department

28  shall administer loans to local governmental agencies so that

29  at least 15 percent of each annual allocation for loans is

30  reserved for small communities.

31         (d)(b)  The department may make grants to financially

                                  3

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





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

 2  using funds made available from grant allocations on loans

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

 4  administered in accordance with s. 403.1838.

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

 6  agencies as authorized under the Federal Water Pollution

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

 8  grants must be administered in accordance with this section

 9  and applicable federal requirements.

10         (4)  The term of loans made pursuant to this section

11  shall not exceed 30 years.  The department may assess grant

12  allocations on the loans made under this section for the

13  purpose of making grants to financially disadvantaged small

14  communities. The combined rate of interest and grant

15  allocations on loans shall be no greater than the interest

16  rate paid on the last bonds sold pursuant to s. 14, Art. VII

17  of the State Constitution. The grant allocations on a loan

18  shall be equal to or less than the interest rate on the loan.

19         (5)(a)  The department has authority to adopt rules

20  pursuant to ss. 120.536(1) and 120.54 to implement the

21  provisions of this section, including rules to administer the

22  state revolving fund authorized pursuant to the Federal Water

23  Pollution Control Act, as amended.

24         (b)  The department shall prepare an annual report

25  detailing the amount of grants, amount loaned, interest

26  earned, grant allocations, and loans outstanding at the end of

27  each fiscal year.

28         (6)  Prior to approval of financial assistance, the

29  applicant a construction loan, the local government shall:

30         (a)  Submit evidence of credit worthiness, loan

31  security, and a loan Provide a repayment schedule in support

                                  4

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  of a request for a loan.

 2         (b)  Submit plans and specifications and evidence of

 3  permittability in support of a request for funding of

 4  construction or other activities requiring a permit from the

 5  department for sewage treatment facilities and stormwater

 6  management systems.

 7         (c)  Provide assurance that records will be kept using

 8  generally accepted government accounting principals standards

 9  and that the department, the Auditor General, or their agents

10  will have access to all records pertaining to the financial

11  assistance provided loan.

12         (d)  Provide assurance that the subject facilities,

13  systems, or activities facility will be properly operated and

14  maintained.

15         (e)  Identify the revenues to be pledged and document

16  their sufficiency for loan repayment and pledged revenue

17  coverage in support of a request for a loan Document that the

18  revenues generated will be sufficient to ensure that the

19  facilities will be self-supporting.

20         (f)  Provide assurance that annual financial

21  information audit reports, and a separate project audit

22  prepared by an independent certified public accountant upon

23  project completion, will be provided as required by submitted

24  to the department.

25         (g)  Provide assurance that a project audit prepared by

26  an independent certified public accountant upon project

27  completion will be submitted to the department in support of a

28  request for a grant.

29         (h)(g)  Submit project planning documentation

30  demonstrating a cost comparison of alternative methods

31  cost-effectiveness, environmental soundness, public

                                  5

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  participation, and financial feasibility for any proposed

 2  project or activity the implementability of the proposed

 3  sewage treatment facilities and stormwater management systems.

 4         (7)  Eligible projects must be given priority according

 5  to the extent each project is intended to remove, mitigate, or

 6  prevent adverse effects on surface or ground water quality and

 7  public health.  The relative costs of achieving environmental

 8  and public health benefits must be taken into consideration

 9  during the department's assignment of project priorities.  The

10  department shall adopt a priority system by rule.  In

11  developing the priority system, the department shall give

12  priority to projects that:

13         (a)  Eliminate public health hazards;

14         (b)  Enable compliance with laws requiring the

15  elimination of discharges to specific water bodies;

16         (c)  Assist in the implementation of total maximum

17  daily loads adopted under s. 403.067;

18         (d)  Enable compliance with other pollution control

19  requirements, including but not limited to toxics control,

20  wastewater residuals management, and reduction of nutrients

21  and bacteria;

22         (e)  Assist in the implementation of surface water

23  improvement and management plans approved under 373.456 and

24  pollutant load reduction goals developed under state water

25  policy;

26         (f)  Promote reclaimed water reuse;

27         (g)  Eliminate failing onsite sewage treatment and

28  disposal systems or those that are causing environmental

29  damage; or

30         (h)  Reduce pollutants to and otherwise promote the

31  restoration of Florida's surface and ground waters.  However,

                                  6

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  preference must be given to eligible projects that protect the

 2  public health or are required by law to eliminate sewage

 3  treatment facility discharges into specific bodies of water.

 4         (8)(a)  If a local governmental agency becomes

 5  delinquent on its loan, the department shall so certify to the

 6  Comptroller who shall forward the amount delinquent to the

 7  department from any unobligated funds due to the local

 8  governmental agency under any revenue-sharing or tax-sharing

 9  fund established by the state, except as otherwise provided by

10  the State Constitution. Certification of delinquency shall not

11  limit the department from pursuing other remedies available

12  for default on a loan.  The department may impose a penalty

13  for delinquent loan payments in an the amount not to exceed an

14  interest rate of 18 6 percent per annum on of the amount due

15  in addition to charging the cost to handle and process the

16  debt. Penalty interest shall accrue on any amount due and

17  payable beginning on the 30th day following the date upon

18  which payment is due.

19         (b)  If a loan recipient, other than a local government

20  agency, defaults under the terms of a loan, the department may

21  pursue any remedy available to it at law or in equity.  The

22  department may impose a penalty in an amount not to exceed an

23  interest rate of 18 per cent per annum on any amount due in

24  addition to charging the cost to handle and process the debt.

25  Penalty interest shall accrue on any amount due and payable

26  beginning on the 30th day following the date upon which such

27  amount is due.

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

29  this section must be managed as follows:

30         (a)  A nonlapsing trust fund with revolving loan

31  provisions to be known as the "Wastewater Treatment and

                                  7

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  Stormwater Management Revolving Loan Trust Fund" is

 2  established in the State Treasury to be used as a revolving

 3  fund by the department to carry out the purpose of this

 4  section. Any funds therein which are not needed on an

 5  immediate basis for grants or loans may be invested pursuant

 6  to s. 215.49. The cost of administering the program shall be

 7  paid from federal funds, from reasonable service fees that may

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

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

10  perpetuity.  Grants awarded by the Federal Government, state

11  matching funds, and investment earnings thereon shall be

12  deposited into the trust fund. Proceeds from the sale of loans

13  must be deposited into the trust fund. All moneys available in

14  the trust fund, including investment earnings, are hereby

15  designated to carry out the purpose of this section. The

16  principal and interest payments of all loans held by the trust

17  fund shall be deposited into this trust fund.

18         1.  The department may obligate moneys available in the

19  Wastewater Treatment and Stormwater Management Revolving Loan

20  Trust Fund for payment of amounts payable under any service

21  contract entered into by the department under s. 403.1837,

22  subject to annual appropriation by the Legislature.  Amounts

23  on deposit in the trust fund in each fiscal year shall first

24  be applied or allocated for the payment of amounts payable by

25  the department under this subparagraph and appropriated each

26  year by the Legislature before making or providing for other

27  disbursement from the trust fund.

28         2.  Under the provisions of s. 19(f) (3), Art. III of

29  the State Constitution, the Wastewater Treatment and

30  Stormwater Management Revolving Loan Trust Fund is exempt from

31  the termination provisions of s. 19(f)(2), Art. III of the

                                  8

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  State Constitution.

 2         (b)  Revenues from the loan grant allocations

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

 4  matching funds for grants authorized by federal statute or

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

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

 7  Donations Trust Fund. Service fees and all earnings thereon

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

 9  allocation revenues and earnings thereon must be used solely

10  for the purpose of making grants to financially disadvantaged

11  small communities. Federal appropriations and state matching

12  funds for grants authorized by federal statute or other

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

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

15  Grants and Donations Trust Fund under this section, and

16  earnings thereon, must be accounted for separately from all

17  other moneys deposited into the fund.

18         (10)  The department may adopt rules regarding program

19  administration; project eligibilities and priorities,

20  including the development and management of project priority

21  lists; financial assistance application requirements

22  associated with planning, design, construction, and

23  implementation activities, including environmental and

24  engineering requirements; financial assistance agreement

25  conditions; disbursement and repayment provisions; auditing

26  provisions; program exceptions; the procedural and contractual

27  relationship between the department and the Florida Water

28  Pollution Control Financing Corporation under s. 403.1837; and

29  other provisions consistent with the purposes of this section.

30  Because the Legislature has experienced revenue shortfalls in

31  recent years and has been unable to provide enough funds to

                                  9

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  fully match available federal funds to help capitalize the

 2  Wastewater Treatment and Stormwater Management Revolving Loan

 3  Trust Fund, it is necessary for innovative approaches to be

 4  considered to help capitalize the revolving loan fund. The

 5  department shall evaluate potential innovative approaches that

 6  can generate funds to match available federal funds. The

 7  department may adopt approaches that will help ensure the

 8  continuing viability of the Wastewater Treatment and

 9  Stormwater Management Revolving Loan Trust Fund. The

10  department shall consider, among other possible alternatives,

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

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

13  a match to available federal funds to capitalize the

14  Wastewater Treatment and Stormwater Management Revolving Loan

15  Trust Fund.

16         (11)  Any projects for reclaimed water reuse in Monroe

17  County funded from the Wastewater Treatment and Stormwater

18  Management Revolving Loan Trust Fund shall take into account

19  water balances and nutrient balances in order to prevent the

20  runoff of pollutants into surface waters.

21         Section 2.  Section 403.1837, Florida Statutes, is

22  created to read:

23         403.1837  Florida Water Pollution Control Financing

24  Corporation.--

25         (1)  The Florida Water Pollution Control Financing

26  Corporation is created as a nonprofit public-benefit

27  corporation for the purpose of financing or refinancing the

28  costs of water pollution projects and activities described in

29  s. 403.1835.  The projects and activities described in that

30  section are found to constitute a public governmental purpose

31  and be necessary for the health, safety, and welfare of all

                                  10

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  residents, and include legislatively approved fixed capital

 2  outlay projects.  The fulfillment of the purposes of the

 3  corporation promotes the health, safety, and welfare of the

 4  people of the state and serves essential governmental

 5  functions and a paramount public purpose.  The activities of

 6  the corporation are specifically limited to assisting the

 7  department in implementing financing activities to provide

 8  funding for the programs authorized in s. 403.1835.  All other

 9  activities relating to the purposes for which the corporation

10  raises funds shall be the responsibility of the department,

11  including but not limited to development of program criteria,

12  review of applications for financial assistance, decisions

13  relating to the number and amount of loans or other financial

14  assistance to be provided, and enforcement of the terms of any

15  financial assistance agreements provided through funds raised

16  by the corporation.  The corporation shall terminate upon

17  fulfillment of the purposes of this section.

18         (2)  The corporation shall be governed by a board of

19  directors consisting of the Governor's Budget Director or the

20  Budget Director's designee, the Comptroller or the

21  Comptroller's designee, the Treasurer or the Treasurer's

22  designee, and the Secretary of Environmental Protection or the

23  Secretary's designee, until January 7, 2003, at which time the

24  board shall include the Chief Financial Officer or the Chief

25  Financial Officer's designee in place of the Treasurer and

26  Comptroller.  The executive director of the State Board of

27  Administration shall be the chief executive officer of the

28  corporation and shall direct and supervise the administrative

29  affairs of the corporation and shall control, direct, and

30  supervise operation of the corporation.  The corporation shall

31  have such other officers as may be determined by the board of

                                  11

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  directors.

 2         (3)  The corporation shall have all the powers of a

 3  corporate body under the laws of the state to the extent not

 4  inconsistent with or restricted by this section, including but

 5  not limited to the power to:

 6         (a)  Adopt, amend, and repeal bylaws not inconsistent

 7  with this section.

 8         (b)  Sue and be sued.

 9         (c)  Adopt and use a common seal.

10         (d)  Acquire, purchase, hold, lease, and convey any

11  real and personal property as may be proper or expedient to

12  carry out the purposes of the corporation and this section,

13  and to sell, lease, or otherwise dispose of that property.

14         (e)  Elect or appoint and employ such officers, agents,

15  and employees as the corporation considers advisable to

16  operate and manage the affairs of the corporation, which

17  officers, agents, and employees may be officers or employees

18  of the department and the state agencies represented on the

19  board of directors of the corporation.

20         (f)  Borrow money and issue notes, bonds, certificates

21  of indebtedness, or other obligations or evidences of

22  indebtedness described in s. 403.1835.

23         (g)  Operate, as specifically directed by the

24  department, any program to provide financial assistance

25  authorized under s. 403.1835(3), which may be funded with any

26  funds received under a service contract with the department,

27  from the proceeds of bonds issued by the corporation, or from

28  any other funding sources obtained by the corporation.

29         (h)  Sell all or any portion of the loans issued under

30  s. 403.1835 to accomplish the purposes of this section and s.

31  403.1835.

                                  12

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1         (i)  Make and execute any contracts, trust agreements,

 2  and other instruments and agreements necessary or convenient

 3  to accomplish the purposes of the corporation and this

 4  section.

 5         (j)  Select, retain, and employ professionals,

 6  contractors, or agents, which may include the Division of Bond

 7  Finance of the State Board of Administration, as is necessary

 8  or convenient to enable or assist the corporation in carrying

 9  out is purposes and this section.

10         (k)  Do any act or thing necessary or convenient to

11  carry out the purposes of the corporation and this section.

12         (4)  The corporation shall evaluate all financial and

13  market conditions necessary and prudent for the purpose of

14  making sound, financially responsible, and cost-effective

15  decisions in order to secure additional funds to fulfill the

16  purpose of this section and s. 403.1835.

17         (5)  The corporation may enter into one or more service

18  contracts with the department under which the corporation

19  shall provide services to the department in connection with

20  financing the functions, projects, and activities provided for

21  in s. 403.1835.  The department may enter into one or more

22  service contracts with the corporation and provide for

23  payments under those contracts pursuant to s. 403.1835(9),

24  subject to annual appropriation by the Legislature.  The

25  service contracts may provide for the transfer of all or a

26  portion of the funds in the Wastewater Treatment and

27  Stormwater Management Revolving Loan Trust Fund to the

28  corporation for use by the corporation for costs incurred by

29  the corporation in its operations, including but not limited

30  to payment of debt service, reserves, or other costs in

31  relation to bonds issued by the corporation, for use by the

                                  13

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  corporation at the request of the department to directly

 2  provide the types of local financial assistance provided for

 3  in s. 403.1835(3), or for payment of the administrative costs

 4  of the corporation.  The department may not transfer funds

 5  under any service contract with the corporation without

 6  specific appropriation for such purpose in the General

 7  Appropriations Act, except for administrative expenses

 8  incurred by the State Board of Administration or other

 9  expenses necessary pursuant to documents authorizing or

10  securing previously issued bonds of the corporation. The

11  service contracts may also provide for the assignment or

12  transfer to the corporation of any loans made by the

13  department.  The service contracts may establish the operating

14  relationship between the department and the corporation and

15  shall require the department to request the corporation to

16  issue bonds prior to any issuance of bonds by the corporation,

17  to take any actions necessary to enforce the agreements

18  entered into between the corporation and other parties, and to

19  take all other actions necessary to assist the corporation in

20  its operations.  In compliance with s. 287.0641 and other

21  applicable provisions of law, the obligations of the

22  department under the service contracts does not constitute a

23  general obligation of the state or a pledge of the faith and

24  credit or taxing power of the state, nor may the obligations

25  be construed in any manner as an obligation of the State Board

26  of Administration of entities for which it invests funds, or

27  the department except as provided in this section as payable

28  solely from amounts available under any service contract

29  between the corporation and the department, subject to

30  appropriation.  In compliance with this subsection and s.

31  387.0582, service contracts must expressly include the

                                  14

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  following statement:  "The State of Florida's performance and

 2  obligation to pay under this contract is contingent upon an

 3  annual appropriation by the Legislature."

 4         (6)  The corporation may issue and incur notes, bonds,

 5  certificates of indebtedness, or other obligations or

 6  evidences of indebtedness payable from and secured by amounts

 7  received from payment of loans and other moneys received by

 8  the corporation, including but not limited to amounts payable

 9  to the corporation by the department under a service contract

10  entered into under subsection (5).  The corporation may not

11  issue bonds in excess of an amount authorized by general law

12  or an appropriations act except to refund previously issued

13  bonds.  The corporation is authorized to issue bonds in

14  amounts not exceeding $50 million in fiscal year 200-2001, $75

15  million in fiscal year 2001-2002, and $100 million in fiscal

16  year 2002-2003.  The proceeds of the bonds may be used for the

17  purpose of providing funds for projects and activities

18  provided for in subsection (1) or for refunding bonds

19  previously issued by the corporation.  The corporation may

20  select a financing team and issue obligations through

21  competitive bidding or negotiated contracts, whichever is most

22  cost-effective.  Any such indebtedness of the corporation does

23  not constitute a debt or obligation of the state or a pledge

24  of the faith and credit or taxing power of the state.

25         (7)  The corporation is exempt from taxation and

26  assessments of any nature whatsoever upon its income and any

27  property, assets, or revenues acquired, received, or used in

28  the furtherance of the purposes provided in ss. 403.1835

29  through 403.1838.  The obligations of the corporation incurred

30  under subsection (6) and the interest and income on the

31  obligations and all security agreements, letters of credit,

                                  15

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  liquidity facilities, or other obligations or instruments

 2  arising out of, entered into in connection with, or given to

 3  secure payment of the obligations are exempt from all

 4  taxation, however, the exemption does not apply to any tax

 5  imposed by chapter 220 on the interest, income, or profits on

 6  debt obligations owned by corporations.

 7         (8)  The corporation shall validate any bonds issued

 8  under this section, except refunding bonds which may be

 9  validated at the option of the corporation, by proceedings

10  under chapter 75.  The validation complaint must be filed only

11  in the Circuit Court for Leon County.  The notice required

12  under s. 75.06 must be published in Leon County and the

13  complaint and order of the circuit court shall be served only

14  on the State Attorney for the Second Judicial Circuit.

15  Sections 75.04(2) and 75.06(2) do not apply to a validation

16  complaint filed as authorized in this subsection.  The

17  validation of the first bonds issued under this section may be

18  appealed to the Supreme Court and the appeal shall be handled

19  on an expedited basis.

20         (9)  The corporation and the department shall not take

21  any action that will materially and adversely affect the

22  rights of holders of any obligations issued under this section

23  as long as the obligations are outstanding.

24         (10)  The corporation is not a special district for

25  purposes of chapter 189 or a unit of local government for

26  purposes of part III of chapter 218.  The provisions of

27  chapters 120 and 215,, except the limitation on interest rates

28  provided by s. 215.84, which applies to obligations of the

29  corporation issued pursuant to this section, and part I of

30  chapter 287, except ss. 287.0582 and 287.0641, do not apply to

31  this section, the corporation created in this section, the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  service contracts entered into under this section, or debt

 2  obligations issued by the corporation as provided in this

 3  section.

 4         (11)  The benefits or earnings of the corporation may

 5  not inure to the benefit of any private person, except persons

 6  receiving grants and loans pursuant to s. 403.1835.

 7         (12)  Upon dissolution of the corporation, title to all

 8  property owned by the corporation reverts to the department.

 9         (13)  The corporation may contract with the State Board

10  of Administration to serve as trustee with respect to debt

11  obligations issued by the corporation as provided by this

12  section and to hold, administer, and invest proceeds of those

13  debt obligations and other funds of the corporation and to

14  perform other services required by the corporation.  The State

15  Board of Administration may perform these services and may

16  contract with others to provide all or a part of these

17  services and to recover the costs and expenses of providing

18  these services.

19         (14)  The Auditor General may conduct a financial audit

20  of the accounts and records of the corporation.

21         Section 3.  Section 403.1836, Florida Statutes, is

22  repealed.

23         Section 4.  In fiscal year 2000-2001, the Department of

24  Environmental Protection is appropriated an amount not to

25  exceed $10 million from the Wastewater Treatment and

26  Stormwater Management Revolving Loan Trust Fund for the

27  purpose of transferring funds to the Florida Water Pollution

28  Control Financing Corporation under service contract to carry

29  out the activities authorized in s. 403.1835 and s. 403.1837,

30  Florida Statutes.

31         Section 5.  This act shall take effect upon becoming a

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1  law.

 2

 3

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

 5  And the title is amended as follows:

 6         On page 1, lines 6 through 26

 7  remove from the title of the bill:  all of said lines

 8

 9  and insert in lieu thereof:

10         authorizing loans and grants; providing for the

11         use of the Wastewater Treatment and Stormwater

12         Management Revolving Loan Trust Fund; requiring

13         the Department of Environmental Protection to

14         adopt a priority system by rule; providing

15         criteria for such rule; granting rulemaking

16         authority to the Department of Environmental

17         Protection; providing a requirement relating to

18         the unding of reuse projects in Monroe County;

19         creating s. 403.1837, F.S.; creating the

20         Florida Water Pollution Control Financing

21         Corporation; providing for its membership and

22         powers; authorizing the issuance of bonds and

23         other obligations; authorizing the sale of

24         loans issued under s. 403.1835, F.S.; providing

25         tax exemptions; requiring the corporation to

26         evaluate all financial and market conditions

27         necessary and prudent for the purpose of making

28         sound, financially responsible, and

29         cost-effective decisions to secure additional

30         funding for water pollution control projects;

31         authorizing the corporation to contract with

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1755

    Amendment No.     (for drafter's use only)





 1         the State Board of Administration for services;

 2         requiring the Department of Environmental

 3         Protection to obtain legislative spending

 4         authority prior to transferring funds to the

 5         corporation; restricting the corporation from

 6         issuing bonds unless it has legislative

 7         authorization; authorizing the corporation to

 8         issue bonds not in excess of $50 million in

 9         fiscal year 2000-2001, $75 million in fiscal

10         year 2001-2002, and $100 million in fiscal year

11         2002-2003; establishing that the corporation is

12         tax-exempt; requiring validation of bonds;

13         establishing that the corporation may contract

14         with the State Board of Administration;

15         repealing s. 403.1836, F.S.; relating to the

16         Wastewater Treatment and Stormwater Management

17         Revolving Loan Trust Fund; authorizing an

18         appropriation to the Department of

19         Environmental Protection not to exceed $10

20         million in fiscal year 2000-2001 from the

21         Wastewater Treatment and Stormwater Management

22         Revolving Loan Trust Fund to transfer under

23         service contract to the Florida Water Pollution

24         Control Financing Corporation; providing an

25         effective date.

26

27

28

29

30

31

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