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



                                                   HOUSE AMENDMENT

    hbd-08                              Bill No. HB 2403, 2nd Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Gay offered the following:

12

13         Amendment to Senate Amendment (592890) (with title

14  amendment) 

15         On page 56, line 1, of the amendment

16

17  insert:

18         Section 23.  Paragraph (d) of subsection (7) and

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

20  Statutes, are amended to read:

21         163.01  Florida Interlocal Cooperation Act of 1969.--

22         (7)

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

24  any separate legal entity created pursuant to this section and

25  controlled by the municipalities, or counties, or independent

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

27  or more municipality, and one or more county, and one or more

28  independent special district of this state, the membership of

29  which consists or is to consist of municipalities only,

30  counties only, independent special districts only, or any

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

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                                                   HOUSE AMENDMENT

    hbd-08                              Bill No. HB 2403, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  the purpose of financing or refinancing any capital projects,

  3  exercise all powers in connection with the authorization,

  4  issuance, and sale of bonds. Notwithstanding any limitations

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

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

  7  166, and part I of chapter 159 shall be fully applicable to

  8  any such entity controlled by municipalities or counties or by

  9  one or more municipalities and counties. Notwithstanding any

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

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

12  independent special districts shall be applicable to any such

13  entity controlled by independent special districts. Bonds

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

15  counties, or municipalities, or independent special districts

16  which enter into loan agreements with such entity as provided

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

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

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

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

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

22  independent special districts, any other applicable law.

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

24  counties, or municipalities, or independent special districts,

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

26  counties, and independent special districts, whether or not

27  such counties, or municipalities, or independent special

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

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

30  make loans to municipalities, or counties, or independent

31  special districts or any a combination of municipalities, and

                                  2

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                                                   HOUSE AMENDMENT

    hbd-08                              Bill No. HB 2403, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  counties, and independent special districts with one another

  2  for capital projects to be identified subsequent to the

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

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

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

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

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

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

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

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

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

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

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

14  accordance with a specified formula or method of

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

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

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

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

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

20  the governing body of such legal entity and its resolution

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

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

23  government self-insurance fund established under this section

24  may financially guarantee bonds or bond anticipation notes

25  issued or loans made under this subsection.  Bonds issued

26  pursuant to this paragraph may be validated as provided in

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

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

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-08                              Bill No. HB 2403, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  Attorney of the Second Judicial Circuit and on the state

  2  attorney of each circuit in each county where the public

  3  agencies which were initially a party to the agreement are

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

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

  6  each county where the public agencies which were initially a

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

  8  or municipality, or independent special district pursuant to a

  9  loan agreement as described in this paragraph may be validated

10  as provided in chapter 75.

11         (9)

12         (c)  All of the privileges and immunities from

13  liability and exemptions from laws, ordinances, and rules

14  which apply to the municipalities, and counties, and

15  independent special districts of this state apply to the same

16  degree and extent to any separate legal entity, created

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

18  the municipalities, or counties, or independent special

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

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

21  independent special districts of this state, unless the

22  interlocal agreement creating such entity provides to the

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

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

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

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

27  employees, or employees of agents of counties, and

28  municipalities, and independent special districts of this

29  state which are parties to an interlocal agreement creating a

30  separate legal entity pursuant to the provisions of this

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

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                                                   HOUSE AMENDMENT

    hbd-08                              Bill No. HB 2403, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





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

  2  interlocal agreement creating such entity provides to the

  3  contrary.

  4

  5

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

  7  And the title is amended as follows:

  8         On page 58, line 18, of the amendment

  9

10  after the semicolon, insert:

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

12         which authorize a separate legal entity created

13         to administer an interlocal agreement and

14         controlled by counties or municipalities, or a

15         combination thereof, to issue bonds to finance

16         capital projects, and which provide powers and

17         duties with respect thereto, to include such

18         entities controlled by independent special

19         districts or by independent special districts

20         in combination with counties and

21         municipalities; revising provisions which

22         extend certain privileges, immunities,

23         exemptions, and benefits to such entities

24         controlled by municipalities or counties and

25         their officers, agents, and employees, to

26         include such entities controlled by independent

27         special districts and their officers, agents,

28         and employees;

29

30

31

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