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





                                                   HOUSE AMENDMENT

    hbd-08                                        Bill No. HB 2403

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay offered the following:

12

13         Amendment (with title amendment) 

14         On page 9, between lines 21 and 22, of the bill

15

16  insert:

17         Section 4.  Paragraph (d) of subsection (7) and

18  paragraph (c) of subsection (9) of section 163.01, Florida

19  Statutes, are amended to read:

20         163.01  Florida Interlocal Cooperation Act of 1969.--

21         (7)

22         (d)  Notwithstanding the provisions of paragraph (c),

23  any separate legal entity created pursuant to this section and

24  controlled by the municipalities, or counties, or independent

25  special districts of this state or by any combination of one

26  or more municipality, and one or more county, and one or more

27  independent special district of this state, the membership of

28  which consists or is to consist of municipalities only,

29  counties only, independent special districts only, or any

30  combination of one or more municipality, and one or more

31  county, and one or more independent special district, may, for

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    File original & 9 copies    04/27/00
    hbd0002                     05:59 pm         02403-0074-090211




                                                   HOUSE AMENDMENT

    hbd-08                                        Bill No. HB 2403

    Amendment No.     (for drafter's use only)





 1  the purpose of financing or refinancing any capital projects,

 2  exercise all powers in connection with the authorization,

 3  issuance, and sale of bonds. Notwithstanding any limitations

 4  provided in this section, all of the privileges, benefits,

 5  powers, and terms of part I of chapter 125, part II of chapter

 6  166, and part I of chapter 159 shall be fully applicable to

 7  any such entity controlled by municipalities or counties or by

 8  one or more municipalities and counties. Notwithstanding any

 9  limitations provided in this section, all of the privileges,

10  benefits, powers, and terms of any applicable law relating to

11  independent special districts shall be applicable to any such

12  entity controlled by independent special districts. Bonds

13  issued by such entity shall be deemed issued on behalf of the

14  counties, or municipalities, or independent special districts

15  which enter into loan agreements with such entity as provided

16  in this paragraph.  Any loan agreement executed pursuant to a

17  program of such entity shall be governed by the provisions of

18  part I of chapter 159 or, in the case of counties, part I of

19  chapter 125, or in the case of municipalities and charter

20  counties, part II of chapter 166, or in the case of

21  independent special districts, any other applicable law.

22  Proceeds of bonds issued by such entity may be loaned to

23  counties, or municipalities, or independent special districts,

24  of this state or any a combination of municipalities, and

25  counties, and independent special districts, whether or not

26  such counties, or municipalities, or independent special

27  districts are also members of the entity issuing the bonds.

28  The issuance of bonds by such entity to fund a loan program to

29  make loans to municipalities, or counties, or independent

30  special districts or any a combination of municipalities, and

31  counties, and independent special districts with one another

                                  2

    File original & 9 copies    04/27/00
    hbd0002                     05:59 pm         02403-0074-090211




                                                   HOUSE AMENDMENT

    hbd-08                                        Bill No. HB 2403

    Amendment No.     (for drafter's use only)





 1  for capital projects to be identified subsequent to the

 2  issuance of the bonds to fund such loan programs is deemed to

 3  be a paramount public purpose.  Any entity so created may also

 4  issue bond anticipation notes, as provided by s. 215.431, in

 5  connection with the authorization, issuance, and sale of such

 6  bonds.  In addition, the governing body of such legal entity

 7  may also authorize bonds to be issued and sold from time to

 8  time and may delegate, to such officer, official, or agent of

 9  such legal entity as the governing body of such legal entity

10  may select, the power to determine the time; manner of sale,

11  public or private; maturities; rate or rates of interest,

12  which may be fixed or may vary at such time or times and in

13  accordance with a specified formula or method of

14  determination; and other terms and conditions as may be deemed

15  appropriate by the officer, official, or agent so designated

16  by the governing body of such legal entity.  However, the

17  amounts and maturities of such bonds and the interest rate or

18  rates of such bonds shall be within the limits prescribed by

19  the governing body of such legal entity and its resolution

20  delegating to such officer, official, or agent the power to

21  authorize the issuance and sale of such bonds.  A local

22  government self-insurance fund established under this section

23  may financially guarantee bonds or bond anticipation notes

24  issued or loans made under this subsection.  Bonds issued

25  pursuant to this paragraph may be validated as provided in

26  chapter 75.  The complaint in any action to validate such

27  bonds shall be filed only in the Circuit Court for Leon

28  County. The notice required to be published by s. 75.06 shall

29  be published only in Leon County, and the complaint and order

30  of the circuit court shall be served only on the State

31  Attorney of the Second Judicial Circuit and on the state

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                                                   HOUSE AMENDMENT

    hbd-08                                        Bill No. HB 2403

    Amendment No.     (for drafter's use only)





 1  attorney of each circuit in each county where the public

 2  agencies which were initially a party to the agreement are

 3  located. Notice of such proceedings shall be published in the

 4  manner and the time required by s. 75.06 in Leon County and in

 5  each county where the public agencies which were initially a

 6  party to the agreement are located. Obligations of any county,

 7  or municipality, or independent special district pursuant to a

 8  loan agreement as described in this paragraph may be validated

 9  as provided in chapter 75.

10         (9)

11         (c)  All of the privileges and immunities from

12  liability and exemptions from laws, ordinances, and rules

13  which apply to the municipalities, and counties, and

14  independent special districts of this state apply to the same

15  degree and extent to any separate legal entity, created

16  pursuant to the provisions of this section, wholly owned by

17  the municipalities, or counties, or independent special

18  districts of this state, the membership of which consists or

19  is to consist only of municipalities, or counties, or

20  independent special districts of this state, unless the

21  interlocal agreement creating such entity provides to the

22  contrary. All of the privileges and immunities from liability;

23  exemptions from laws, ordinances, and rules; and pension and

24  relief, disability, and worker's compensation, and other

25  benefits which apply to the activity of officers, agents,

26  employees, or employees of agents of counties, and

27  municipalities, and independent special districts of this

28  state which are parties to an interlocal agreement creating a

29  separate legal entity pursuant to the provisions of this

30  section shall apply to the same degree and extent to the

31  officers, agents, or employees of such entity unless the

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    File original & 9 copies    04/27/00
    hbd0002                     05:59 pm         02403-0074-090211




                                                   HOUSE AMENDMENT

    hbd-08                                        Bill No. HB 2403

    Amendment No.     (for drafter's use only)





 1  interlocal agreement creating such entity provides to the

 2  contrary.

 3

 4

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

 6  And the title is amended as follows:

 7         On page 1, line 13, after the semicolon,

 8

 9  insert:

10         amending s. 163.01, F.S.; revising provisions

11         which authorize a separate legal entity created

12         to administer an interlocal agreement and

13         controlled by counties or municipalities, or a

14         combination thereof, to issue bonds to finance

15         capital projects, and which provide powers and

16         duties with respect thereto, to include such

17         entities controlled by independent special

18         districts or by independent special districts

19         in combination with counties and

20         municipalities; revising provisions which

21         extend certain privileges, immunities,

22         exemptions, and benefits to such entities

23         controlled by municipalities or counties and

24         their officers, agents, and employees, to

25         include such entities controlled by independent

26         special districts and their officers, agents,

27         and employees;

28

29

30

31

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    File original & 9 copies    04/27/00
    hbd0002                     05:59 pm         02403-0074-090211