House Bill 2353
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
By the Committee on Community Affairs and Representative
Gay
1 A bill to be entitled
2 An act relating to independent special
3 districts; amending s. 163.01, F.S.; revising
4 provisions which authorize a separate legal
5 entity created to administer an interlocal
6 agreement and controlled by counties or
7 municipalities, or a combination thereof, to
8 issue bonds to finance capital projects, and
9 which provide powers and duties with respect
10 thereto, to include such entities controlled by
11 independent special districts or by independent
12 special districts in combination with counties
13 and municipalities; revising provisions which
14 extend certain privileges, immunities,
15 exemptions, and benefits to such entities
16 controlled by municipalities or counties and
17 their officers, agents, and employees, to
18 include such entities controlled by independent
19 special districts and their officers, agents,
20 and employees; amending s. 348.0012, F.S.;
21 clarifying exemptions from the Florida
22 Expressway Authority Act; amending ss. 348.7544
23 and 348.7545, F.S.; providing that specified
24 projects of the Orlando-Orange County
25 Expressway Authority may be refinanced with
26 bonds issued by the authority; amending s.
27 348.755, F.S.; revising provisions relating to
28 issuance of bonds by the authority; providing
29 that the authority may issue bonds to refund
30 any bonds previously issued; providing an
31 effective date.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraph (d) of subsection (7) and
4 paragraph (c) of subsection (9) of section 163.01, Florida
5 Statutes, are amended to read:
6 163.01 Florida Interlocal Cooperation Act of 1969.--
7 (7)
8 (d) Notwithstanding the provisions of paragraph (c),
9 any separate legal entity created pursuant to this section and
10 controlled by the municipalities, or counties, or independent
11 special districts of this state or by any combination of one
12 or more municipality, and one or more county, and one or more
13 independent special district of this state, the membership of
14 which consists or is to consist of municipalities only,
15 counties only, independent special districts only, or any
16 combination of one or more municipality, and one or more
17 county, and one or more independent special district, may, for
18 the purpose of financing or refinancing any capital projects,
19 exercise all powers in connection with the authorization,
20 issuance, and sale of bonds. Notwithstanding any limitations
21 provided in this section, all of the privileges, benefits,
22 powers, and terms of part I of chapter 125, part II of chapter
23 166, and part I of chapter 159 shall be fully applicable to
24 any such entity controlled by municipalities or counties or by
25 one or more municipalities and counties. Notwithstanding any
26 limitations provided in this section, all of the privileges,
27 benefits, powers, and terms of any applicable law relating to
28 independent special districts shall be applicable to any such
29 entity controlled by independent special districts. Bonds
30 issued by such entity shall be deemed issued on behalf of the
31 counties, or municipalities, or independent special districts
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 which enter into loan agreements with such entity as provided
2 in this paragraph. Any loan agreement executed pursuant to a
3 program of such entity shall be governed by the provisions of
4 part I of chapter 159 or, in the case of counties, part I of
5 chapter 125, or in the case of municipalities and charter
6 counties, part II of chapter 166, or in the case of
7 independent special districts, any other applicable law.
8 Proceeds of bonds issued by such entity may be loaned to
9 counties, or municipalities, or independent special districts,
10 of this state or any a combination of municipalities, and
11 counties, and independent special districts, whether or not
12 such counties, or municipalities, or independent special
13 districts are also members of the entity issuing the bonds.
14 The issuance of bonds by such entity to fund a loan program to
15 make loans to municipalities, or counties, or independent
16 special districts or any a combination of municipalities, and
17 counties, and independent special districts with one another
18 for capital projects to be identified subsequent to the
19 issuance of the bonds to fund such loan programs is deemed to
20 be a paramount public purpose. Any entity so created may also
21 issue bond anticipation notes, as provided by s. 215.431, in
22 connection with the authorization, issuance, and sale of such
23 bonds. In addition, the governing body of such legal entity
24 may also authorize bonds to be issued and sold from time to
25 time and may delegate, to such officer, official, or agent of
26 such legal entity as the governing body of such legal entity
27 may select, the power to determine the time; manner of sale,
28 public or private; maturities; rate or rates of interest,
29 which may be fixed or may vary at such time or times and in
30 accordance with a specified formula or method of
31 determination; and other terms and conditions as may be deemed
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 appropriate by the officer, official, or agent so designated
2 by the governing body of such legal entity. However, the
3 amounts and maturities of such bonds and the interest rate or
4 rates of such bonds shall be within the limits prescribed by
5 the governing body of such legal entity and its resolution
6 delegating to such officer, official, or agent the power to
7 authorize the issuance and sale of such bonds. A local
8 government self-insurance fund established under this section
9 may financially guarantee bonds or bond anticipation notes
10 issued or loans made under this subsection. Bonds issued
11 pursuant to this paragraph may be validated as provided in
12 chapter 75. The complaint in any action to validate such
13 bonds shall be filed only in the Circuit Court for Leon
14 County. The notice required to be published by s. 75.06 shall
15 be published only in Leon County, and the complaint and order
16 of the circuit court shall be served only on the State
17 Attorney of the Second Judicial Circuit and on the state
18 attorney of each circuit in each county where the public
19 agencies which were initially a party to the agreement are
20 located. Notice of such proceedings shall be published in the
21 manner and the time required by s. 75.06 in Leon County and in
22 each county where the public agencies which were initially a
23 party to the agreement are located. Obligations of any county,
24 or municipality, or independent special district pursuant to a
25 loan agreement as described in this paragraph may be validated
26 as provided in chapter 75.
27 (9)
28 (c) All of the privileges and immunities from
29 liability and exemptions from laws, ordinances, and rules
30 which apply to the municipalities, and counties, and
31 independent special districts of this state apply to the same
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 degree and extent to any separate legal entity, created
2 pursuant to the provisions of this section, wholly owned by
3 the municipalities, or counties, or independent special
4 districts of this state, the membership of which consists or
5 is to consist only of municipalities, or counties, or
6 independent special districts of this state, unless the
7 interlocal agreement creating such entity provides to the
8 contrary. All of the privileges and immunities from liability;
9 exemptions from laws, ordinances, and rules; and pension and
10 relief, disability, and worker's compensation, and other
11 benefits which apply to the activity of officers, agents,
12 employees, or employees of agents of counties, and
13 municipalities, and independent special districts of this
14 state which are parties to an interlocal agreement creating a
15 separate legal entity pursuant to the provisions of this
16 section shall apply to the same degree and extent to the
17 officers, agents, or employees of such entity unless the
18 interlocal agreement creating such entity provides to the
19 contrary.
20 Section 2. Section 348.0012, Florida Statutes, is
21 amended to read:
22 348.0012 Exemptions from applicability.--The Florida
23 Expressway Authority Act does not apply:
24 (1) To In a county in which an expressway authority
25 which has been created pursuant to parts II through IX of this
26 chapter; or
27 (2) To a transportation authority created pursuant to
28 chapter 349.
29 Section 3. Section 348.7544, Florida Statutes, is
30 amended to read:
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 348.7544 Northwest Beltway Part A, construction
2 authorized; financing.--Notwithstanding s. 338.2275, the
3 Orlando-Orange County Expressway Authority is hereby
4 authorized to construct, finance, operate, own, and maintain
5 that portion of the Western Beltway known as the Northwest
6 Beltway Part A, extending from Florida's Turnpike near Ocoee
7 north to U.S. 441 near Apopka, as part of the authority's
8 20-year capital projects plan. This project may be financed
9 with any funds available to the authority for such purpose or
10 revenue bonds issued by the Division of Bond Finance of the
11 State Board of Administration on behalf of the authority
12 pursuant to s. 11, Art. VII of the State Constitution and the
13 State Bond Act, ss. 215.57-215.83. This project may be
14 refinanced with bonds issued by the authority pursuant to s.
15 348.755(1)(d).
16 Section 4. Section 348.7545, Florida Statutes, is
17 amended to read:
18 348.7545 Western Beltway Part C, construction
19 authorized; financing.--Notwithstanding s. 338.2275, the
20 Orlando-Orange County Expressway Authority is authorized to
21 exercise its condemnation powers, construct, finance, operate,
22 own, and maintain that portion of the Western Beltway known as
23 the Western Beltway Part C, extending from Florida's Turnpike
24 near Ocoee in Orange County southerly through Orange and
25 Osceola Counties to an interchange with I-4 near the
26 Osceola-Polk County line, as part of the authority's 20-year
27 capital projects plan. This project may be financed with any
28 funds available to the authority for such purpose or revenue
29 bonds issued by the Division of Bond Finance of the State
30 Board of Administration on behalf of the authority pursuant to
31 s. 11, Art. VII of the State Constitution and the State Bond
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 Act, ss. 215.57-215.83. This project may be refinanced with
2 bonds issued by the authority pursuant to s. 348.755(1)(d).
3 Section 5. Subsection (1) of section 348.755, Florida
4 Statutes, is amended to read:
5 348.755 Bonds of the authority.--
6 (1)(a) Bonds may be issued on behalf of the authority
7 pursuant to the State Bond Act.
8 (b)(a) The bonds of The authority may issue bonds
9 issued pursuant to the provisions of this part in the
10 principal amount as, in the opinion of the authority, is
11 necessary to provide sufficient moneys for achieving its
12 corporate purposes; however, such bonds shall not pledge the
13 full faith and credit of the state. Bonds issued by the
14 authority pursuant to this paragraph, whether on original
15 issuance or on refunding, shall be authorized by resolution of
16 the members thereof and may be either term or serial bonds,
17 shall bear such date or dates, mature at such time or times,
18 not exceeding 40 years from their respective dates, bear
19 interest at such rate or rates, payable semiannually, be in
20 such denominations, be in such form, either coupon or fully
21 registered, shall carry such registration, exchangeability and
22 interchangeability privileges, be payable in such medium of
23 payment and at such place or places, be subject to such terms
24 of redemption and be entitled to such priorities on the
25 revenues, rates, fees, rentals or other charges or receipts of
26 the authority including the Orange County gasoline tax funds
27 received by the authority pursuant to the terms of any
28 lease-purchase agreement between the authority and the
29 department, as such resolution or any resolution subsequent
30 thereto may provide. The bonds shall be executed either by
31 manual or facsimile signature by such officers as the
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 authority shall determine, provided that such bonds shall bear
2 at least one signature which is manually executed thereon, and
3 the coupons attached to such bonds shall bear the facsimile
4 signature or signatures of such officer or officers as shall
5 be designated by the authority and shall have the seal of the
6 authority affixed, imprinted, reproduced or lithographed
7 thereon, all as may be prescribed in such resolution or
8 resolutions.
9 (c)(b) Said Bonds of the authority issued pursuant to
10 paragraph (b) shall be sold at public sale in the manner
11 provided by the State Bond Act. However, if the authority
12 shall, by official action at a public meeting, determine that
13 a negotiated sale of such the bonds is in the best interest of
14 the authority, the authority may negotiate for sale of such
15 the bonds with the underwriter or underwriters designated by
16 the authority and the Division of Bond Finance of the State
17 Board of Administration. Pending the preparation of definitive
18 bonds, interim certificates may be issued to the purchaser or
19 purchasers of such bonds and may contain such terms and
20 conditions as the authority may determine.
21 (d) The authority may issue bonds pursuant to
22 paragraph (b) to refund any bonds previously issued,
23 regardless of whether the bonds being refunded were issued by
24 the authority or an agency of the state.
25 Section 6. This act shall take effect upon becoming a
26 law.
27
28
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 2353
171-634A-00
1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions which authorize a separate legal
4 entity created to administer an interlocal agreement and
controlled by counties or municipalities, or a
5 combination thereof, to issue bonds to finance capital
projects, and which provide powers and duties with
6 respect thereto, to include such entities controlled by
independent special districts or by independent special
7 districts in combination with counties and
municipalities. Revises provisions which extend certain
8 privileges, immunities, exemptions, and benefits to such
entities controlled by municipalities or counties and
9 their officers, agents, and employees, to include such
entities controlled by independent special districts and
10 their officers, agents, and employees.
11
Clarifies exemptions from the Florida Expressway
12 Authority Act. Provides that specified projects of the
Orlando-Orange County Expressway Authority may be
13 refinanced with bonds issued by the authority. Revises
provisions relating to issuance of bonds by the
14 authority, and provides that the authority may issue
bonds to refund any bonds previously issued.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9