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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 5                                           ORIGINAL STAMP BELOW
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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,
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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.
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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
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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
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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,
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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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