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



                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1343

    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) Melvin offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 17,

15

16  insert:

17         Section 1.  Paragraph (g) of subsection (7) of section

18  163.01, Florida Statutes, is amended to read:

19         163.01  Florida Interlocal Cooperation Act of 1969.--

20         (7)

21         (g)1.  Notwithstanding any other provisions of this

22  section, any separate legal entity created under this section,

23  the membership of which is limited to municipalities and

24  counties of the state, may acquire, own, construct, improve,

25  operate, and manage public facilities , or finance facilities

26  on behalf of any person, relating to a governmental function

27  or purpose, including, but not limited to, wastewater

28  facilities, water or alternative water supply facilities, and

29  water reuse facilities, which may serve populations within or

30  outside of the members of the entity. Notwithstanding s.

31  367.171(7), any separate legal entity created under this

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1343

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





  1  paragraph is not subject to commission jurisdiction and may

  2  not provide utility services within the service area of an

  3  existing utility system unless it has received the consent of

  4  the utility. The entity may finance or refinance the

  5  acquisition, construction, expansion, and improvement of such

  6  facilities relating to a governmental function or purpose the

  7  public facility through the issuance of its bonds, notes, or

  8  other obligations under this section or as otherwise

  9  authorized by law. The entity has all the powers provided by

10  the interlocal agreement under which it is created or which

11  are necessary to finance, own, operate, or manage the public

12  facility, including, without limitation, the power to

13  establish rates, charges, and fees for products or services

14  provided by it, the power to levy special assessments, the

15  power to sell or finance all or a portion of such its

16  facility, and the power to contract with a public or private

17  entity to manage and operate such its facilities or to provide

18  or receive facilities, services, or products. Except as may be

19  limited by the interlocal agreement under which the entity is

20  created, all of the privileges, benefits, powers, and terms of

21  s. 125.01, relating to counties, and s. 166.021, relating to

22  municipalities, are fully applicable to the entity. However,

23  neither the entity nor any of its members on behalf of the

24  entity may exercise the power of eminent domain over the

25  facilities or property of any existing water or wastewater

26  plant utility system, nor may the entity acquire title to any

27  water or wastewater plant utility facilities, other

28  facilities, or property which was acquired by the use of

29  eminent domain after the effective date of this act. Bonds,

30  notes, and other obligations issued by the entity are issued

31  on behalf of the public agencies that are members of the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1343

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





  1  entity.

  2         2.  Any entity created under this section may also

  3  issue bond anticipation notes in connection with the

  4  authorization, issuance, and sale of bonds. The bonds may be

  5  issued as serial bonds or as term bonds or both. Any entity

  6  may issue capital appreciation bonds or variable rate bonds.

  7  Any bonds, notes, or other obligations must be authorized by

  8  resolution of the governing body of the entity and bear the

  9  date or dates; mature at the time or times, not exceeding 40

10  years from their respective dates; bear interest at the rate

11  or rates; be payable at the time or times; be in the

12  denomination; be in the form; carry the registration

13  privileges; be executed in the manner; be payable from the

14  sources and in the medium or payment and at the place; and be

15  subject to the terms of redemption, including redemption prior

16  to maturity, as the resolution may provide. If any officer

17  whose signature, or a facsimile of whose signature, appears on

18  any bonds, notes, or other obligations ceases to be an officer

19  before the delivery of the bonds, notes, or other obligations,

20  the signature or facsimile is valid and sufficient for all

21  purposes as if he or she had remained in office until the

22  delivery. The bonds, notes, or other obligations may be sold

23  at public or private sale for such price as the governing body

24  of the entity shall determine. Pending preparation of the

25  definitive bonds, the entity may issue interim certificates,

26  which shall be exchanged for the definitive bonds. The bonds

27  may be secured by a form of credit enhancement, if any, as the

28  entity deems appropriate. The bonds may be secured by an

29  indenture of trust or trust agreement. In addition, the

30  governing body of the legal entity may delegate, to an

31  officer, official, or agent of the legal entity as the

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1343

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





  1  governing body of the legal entity may select, the power to

  2  determine the time; manner of sale, public or private;

  3  maturities; rate of interest, which may be fixed or may vary

  4  at the time and in accordance with a specified formula or

  5  method of determination; and other terms and conditions as may

  6  be deemed appropriate by the officer, official, or agent so

  7  designated by the governing body of the legal entity. However,

  8  the amount and maturity of the bonds, notes, or other

  9  obligations and the interest rate of the bonds, notes, or

10  other obligations must be within the limits prescribed by the

11  governing body of the legal entity and its resolution

12  delegating to an officer, official, or agent the power to

13  authorize the issuance and sale of the bonds, notes, or other

14  obligations.

15         3.  Bonds, notes, or other obligations issued under

16  subparagraph 1. may be validated as provided in chapter 75.

17  The complaint in any action to validate the bonds, notes, or

18  other obligations must be filed only in the Circuit Court for

19  Leon County. The notice required to be published by s. 75.06

20  must be published in Leon County and in each county that is a

21  member of the entity issuing the bonds, notes, or other

22  obligations, or in which a member of the entity is located,

23  and the complaint and order of the circuit court must be

24  served only on the State Attorney of the Second Judicial

25  Circuit and on the state attorney of each circuit in each

26  county that is a member of the entity issuing the bonds,

27  notes, or other obligations or in which a member of the entity

28  is located. Section 75.04(2) does not apply to a complaint for

29  validation brought by the legal entity. The bonds of an entity

30  created pursuant to this section subsequent to the effective

31  date of this provision shall also be validated, as provided in

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                                                   HOUSE AMENDMENT

                                               Bill No. CS/HB 1343

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





  1  chapter 75, in the circuit court in each county in which a

  2  facility financed by such bonds may be located.

  3         4.  The accomplishment of the authorized purposes of a

  4  legal entity created under this paragraph is in all respects

  5  for the benefit of the people of the state, for the increase

  6  of their commerce and prosperity, and for the improvement of

  7  their health and living conditions. Since the legal entity

  8  will perform essential governmental functions in accomplishing

  9  its purposes, the legal entity is not required to pay any

10  taxes or assessments of any kind whatsoever upon any property

11  acquired or used by it for such purposes or upon any revenues

12  at any time received by it. The bonds, notes, and other

13  obligations of an entity, their transfer and the income

14  therefrom, including any profits made on the sale thereof, are

15  at all times free from taxation of any kind by the state or by

16  any political subdivision or other agency or instrumentality

17  thereof. The exemption granted in this subparagraph is not

18  applicable to any tax imposed by chapter 220 on interest,

19  income, or profits on debt obligations owned by corporations.

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21

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

23  And the title is amended as follows:

24         On page 1, line 3, after "Program;"

25

26  insert:

27         amending s. 163.01, F.S.; revising language

28         with respect to the Florida Interlocal

29         Cooperation Act of 1969;

30

31

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