House Bill hb1343e1

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                                       CS/HB 1343, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Small County Technical

  3         Assistance Program; amending s. 163.01, F.S.;

  4         revising language with respect to the Florida

  5         Interlocal Cooperation Act of 1969; amending s.

  6         163.05, F.S.; revising legislative findings;

  7         providing criteria for contracts between the

  8         Commissioner of Agriculture and program

  9         providers; deleting responsibilities of the

10         Comptroller and the Legislative Committee on

11         Intergovernmental Relations; authorizing the

12         Commissioner of Agriculture to award contracts

13         to provide assistance to small counties;

14         requiring the Commissioner of Agriculture to

15         provide fiscal oversight and performance

16         reviews; providing an appropriation; providing

17         an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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

22  163.01, Florida Statutes, is amended to read:

23         163.01  Florida Interlocal Cooperation Act of 1969.--

24         (7)

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

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

27  the membership of which is limited to municipalities and

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

29  operate, and manage public facilities , or finance facilities

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

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


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                                       CS/HB 1343, First Engrossed



  1  facilities, water or alternative water supply facilities, and

  2  water reuse facilities, which may serve populations within or

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

  4  367.171(7), any separate legal entity created under this

  5  paragraph is not subject to commission jurisdiction and may

  6  not provide utility services within the service area of an

  7  existing utility system unless it has received the consent of

  8  the utility. The entity may finance or refinance the

  9  acquisition, construction, expansion, and improvement of such

10  facilities relating to a governmental function or purpose the

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

12  other obligations under this section or as otherwise

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

14  the interlocal agreement under which it is created or which

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

16  facility, including, without limitation, the power to

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

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

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

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

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

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

23  limited by the interlocal agreement under which the entity is

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

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

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

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

28  entity may exercise the power of eminent domain over the

29  facilities or property of any existing water or wastewater

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

31  water or wastewater plant utility facilities, other


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                                       CS/HB 1343, First Engrossed



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

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

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

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

  5  entity.

  6         2.  Any entity created under this section may also

  7  issue bond anticipation notes in connection with the

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

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

10  may issue capital appreciation bonds or variable rate bonds.

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

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

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

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

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

16  denomination; be in the form; carry the registration

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

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

19  subject to the terms of redemption, including redemption prior

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

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

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

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

24  the signature or facsimile is valid and sufficient for all

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

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

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

28  of the entity shall determine. Pending preparation of the

29  definitive bonds, the entity may issue interim certificates,

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

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


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                                       CS/HB 1343, First Engrossed



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

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

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

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

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

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

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

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

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

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

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

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

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

14  other obligations must be within the limits prescribed by the

15  governing body of the legal entity and its resolution

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

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

18  obligations.

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

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

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

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

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

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

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

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

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

28  served only on the State Attorney of the Second Judicial

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

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

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


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                                       CS/HB 1343, First Engrossed



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

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

  3  created pursuant to this section subsequent to the effective

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

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

  6  facility financed by such bonds may be located.

  7         4.  The accomplishment of the authorized purposes of a

  8  legal entity created under this paragraph is in all respects

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

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

11  their health and living conditions. Since the legal entity

12  will perform essential governmental functions in accomplishing

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

14  taxes or assessments of any kind whatsoever upon any property

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

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

17  obligations of an entity, their transfer and the income

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

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

20  any political subdivision or other agency or instrumentality

21  thereof. The exemption granted in this subparagraph is not

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

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

24         Section 2.  Paragraphs (a) and (c) of subsection (1)

25  and subsections (4), (5), (6), (7), (8), and (9) of section

26  163.05, Florida Statutes, are amended to read:

27         163.05  Small County Technical Assistance Program.--

28         (1)  Among small counties, the Legislature finds that:

29         (a)  The percentage of the population of small counties

30  residing in the unincorporated areas is relatively high based

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                                       CS/HB 1343, First Engrossed



  1  on the United States Decennial Census of 2000 and increased

  2  substantially between 1980 and 1990.

  3         (c)  Fiscal shortfalls persist even though 12 13 of the

  4  small counties levied the maximum ad valorem millage

  5  authorized in their jurisdictions in 2001 1990 and an

  6  additional 15 13 small counties levied between 8 and 10 mills.

  7         (4)  The Commissioner of Agriculture Comptroller shall

  8  enter into contracts with program providers who shall:

  9         (a)  Be a foundation that meets the requirements for

10  nonprofit status under s. 501(c)(3) of the Internal Revenue

11  Code with a governing board which includes in its membership

12  county commissioners and professional staff of the county

13  public agency or private, nonprofit corporation, association,

14  or entity.

15         (b)  Have substantial and documented experience working

16  closely with county governments in providing both educational

17  and technical assistance.

18         (c)(b)  Use existing resources, services, and

19  information that are available from state or local agencies,

20  universities, or the private sector.

21         (d)(c)  Seek and accept funding from any public or

22  private source.

23         (d)  Annually submit information to assist the

24  Legislative Committee on Intergovernmental Relations in

25  preparing a performance review that will include an analysis

26  of the effectiveness of the program.

27         (e)  Assist small counties in developing alternative

28  revenue sources.

29         (f)  Provide assistance to small counties in the areas

30  such as of financial management, accounting, investing,

31  purchasing, planning and budgeting, debt issuance, public


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                                       CS/HB 1343, First Engrossed



  1  management, management systems, computers and information

  2  technology, economic and community development, and public

  3  safety management.

  4         (g)  Provide for an annual independent financial audit

  5  of the program.

  6         (h)  In each county served, conduct a needs assessment

  7  upon which the assistance provided for that county will be

  8  designed.

  9         (5)(a)  The Commissioner of Agriculture Comptroller

10  shall issue a request for proposals to provide assistance to

11  small counties. The request for proposals shall be required no

12  more frequently than every third year beginning with fiscal

13  year 2004-2005. All contracts in existence on the effective

14  date of this act between the Comptroller and any other party

15  with respect to the Small County Technical Assistance Program

16  may be accepted by the Commissioner of Agriculture as the

17  party in interest and said contracts shall remain in full

18  force and effect according to their terms. At the request of

19  the Comptroller, the Legislative Committee on

20  Intergovernmental Relations shall assist in the preparation of

21  the request for proposals.

22         (b)  The Commissioner of Agriculture Comptroller shall

23  review each contract proposal submitted.

24         (c)  The Legislative Committee on Intergovernmental

25  Relations shall review each contract proposal and submit to

26  the Comptroller, in writing, advisory comments and

27  recommendations, citing with specificity the reasons for its

28  recommendations.

29         (c)(d)  The Commissioner of Agriculture Comptroller and

30  the council shall consider the following factors in reviewing

31  contract proposals:


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                                       CS/HB 1343, First Engrossed



  1         1.  The demonstrated capacity of the provider to

  2  conduct needs assessments and implement the program as

  3  proposed.

  4         2.  The number of small counties to be served under the

  5  proposal.

  6         3.  The cost of the program as specified in a proposed

  7  budget.

  8         4.  The short-term and long-term benefits of the

  9  assistance to small counties.

10         5.  The form and extent to which existing resources,

11  services, and information that are available from state and

12  local agencies, universities, and the private sector will be

13  used by the provider under the contract.

14         (6)  A decision of the Commissioner of Agriculture

15  Comptroller to award a contract under this section is final

16  and shall be in writing with a copy provided to the

17  Legislative Committee on Intergovernmental Relations.

18         (7)  The Comptroller may enter into contracts and

19  agreements with other state and local agencies and with any

20  person, association, corporation, or entity other than the

21  program providers, for the purpose of administering this

22  section.

23         (7)(8)  The Commissioner of Agriculture Comptroller

24  shall provide fiscal oversight to ensure that funds expended

25  for the program are used in accordance with the contracts

26  entered into pursuant to subsection (4) and shall conduct a

27  performance review of the program as may be necessary to

28  ensure that the goals and objectives of the program are being

29  met.

30         (9)  The Legislative Committee on Intergovernmental

31  Relations shall annually conduct a performance review of the


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                                       CS/HB 1343, First Engrossed



  1  program. The findings of the review shall be presented in a

  2  report submitted to the Governor, the President of the Senate,

  3  the Speaker of the House of Representatives, and the

  4  Comptroller by January 15 of each year.

  5         Section 3.  Specific Appropriation 2252 in the

  6  2002-2003 General Appropriations Act is hereby repealed and an

  7  identical amount is hereby appropriated to the Department of

  8  Agriculture and Consumer Services from the General Revenue

  9  Fund for the purposes of this act.

10         Section 4.  This act shall take effect June 30, 2002.

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