CS/HB 1343, First Engrossed1 A bill to be entitled2 An act relating to the Small County Technical3 Assistance Program; amending s. 163.01, F.S.;4 revising language with respect to the Florida5 Interlocal Cooperation Act of 1969; amending s.6 163.05, F.S.; revising legislative findings;7 providing criteria for contracts between the8 Commissioner of Agriculture and program9 providers; deleting responsibilities of the10 Comptroller and the Legislative Committee on11 Intergovernmental Relations; authorizing the12 Commissioner of Agriculture to award contracts13 to provide assistance to small counties;14 requiring the Commissioner of Agriculture to15 provide fiscal oversight and performance16 reviews; providing an appropriation; providing17 an effective date.18 19 Be It Enacted by the Legislature of the State of Florida:20 21 Section 1. Paragraph (g) of subsection (7) of section22 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 this26 section, any separate legal entity created under this section,27 the membership of which is limited to municipalities and28 counties of the state, may acquire, own, construct, improve,29 operate, and manage public facilities , or finance facilities30 on behalf of any person, relating to a governmental function31 or purpose, including, but not limited to, wastewater 1 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 facilities, water or alternative water supply facilities, and2 water reuse facilities, which may serve populations within or3 outside of the members of the entity. Notwithstanding s.4 367.171(7), any separate legal entity created under this5 paragraph is not subject to commission jurisdiction and may6 not provide utility services within the service area of an7 existing utility system unless it has received the consent of8 the utility. The entity may finance or refinance the9 acquisition, construction, expansion, and improvement of such10 facilities relating to a governmental function or purposethe11 public facilitythrough the issuance of its bonds, notes, or12 other obligations under this section or as otherwise13 authorized by law. The entity has all the powers provided by14 the interlocal agreement under which it is created or which15 are necessary to finance, own, operate, or manage the public16 facility, including, without limitation, the power to17 establish rates, charges, and fees for products or services18 provided by it, the power to levy special assessments, the19 power to sell or finance all or a portion of suchits20 facility, and the power to contract with a public or private21 entity to manage and operate suchitsfacilities or to provide22 or receive facilities, services, or products. Except as may be23 limited by the interlocal agreement under which the entity is24 created, all of the privileges, benefits, powers, and terms of25 s. 125.01, relating to counties, and s. 166.021, relating to26 municipalities, are fully applicable to the entity. However,27 neither the entity nor any of its members on behalf of the28 entity may exercise the power of eminent domain over the29 facilities or property of any existing water or wastewater30 plant utility system, nor may the entity acquire title to any31 water or wastewater plant utility facilities, other 2 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 facilities, or property which was acquired by the use of2 eminent domain after the effective date of this act. Bonds,3 notes, and other obligations issued by the entity are issued4 on behalf of the public agencies that are members of the5 entity.6 2. Any entity created under this section may also7 issue bond anticipation notes in connection with the8 authorization, issuance, and sale of bonds. The bonds may be9 issued as serial bonds or as term bonds or both. Any entity10 may issue capital appreciation bonds or variable rate bonds.11 Any bonds, notes, or other obligations must be authorized by12 resolution of the governing body of the entity and bear the13 date or dates; mature at the time or times, not exceeding 4014 years from their respective dates; bear interest at the rate15 or rates; be payable at the time or times; be in the16 denomination; be in the form; carry the registration17 privileges; be executed in the manner; be payable from the18 sources and in the medium or payment and at the place; and be19 subject to the terms of redemption, including redemption prior20 to maturity, as the resolution may provide. If any officer21 whose signature, or a facsimile of whose signature, appears on22 any bonds, notes, or other obligations ceases to be an officer23 before the delivery of the bonds, notes, or other obligations,24 the signature or facsimile is valid and sufficient for all25 purposes as if he or she had remained in office until the26 delivery. The bonds, notes, or other obligations may be sold27 at public or private sale for such price as the governing body28 of the entity shall determine. Pending preparation of the29 definitive bonds, the entity may issue interim certificates,30 which shall be exchanged for the definitive bonds. The bonds31 may be secured by a form of credit enhancement, if any, as the 3 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 entity deems appropriate. The bonds may be secured by an2 indenture of trust or trust agreement. In addition, the3 governing body of the legal entity may delegate, to an4 officer, official, or agent of the legal entity as the5 governing body of the legal entity may select, the power to6 determine the time; manner of sale, public or private;7 maturities; rate of interest, which may be fixed or may vary8 at the time and in accordance with a specified formula or9 method of determination; and other terms and conditions as may10 be deemed appropriate by the officer, official, or agent so11 designated by the governing body of the legal entity. However,12 the amount and maturity of the bonds, notes, or other13 obligations and the interest rate of the bonds, notes, or14 other obligations must be within the limits prescribed by the15 governing body of the legal entity and its resolution16 delegating to an officer, official, or agent the power to17 authorize the issuance and sale of the bonds, notes, or other18 obligations.19 3. Bonds, notes, or other obligations issued under20 subparagraph 1. may be validated as provided in chapter 75.21 The complaint in any action to validate the bonds, notes, or22 other obligations must be filed only in the Circuit Court for23 Leon County. The notice required to be published by s. 75.0624 must be published in Leon County and in each county that is a25 member of the entity issuing the bonds, notes, or other26 obligations, or in which a member of the entity is located,27 and the complaint and order of the circuit court must be28 served only on the State Attorney of the Second Judicial29 Circuit and on the state attorney of each circuit in each30 county that is a member of the entity issuing the bonds,31 notes, or other obligations or in which a member of the entity 4 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 is located. Section 75.04(2) does not apply to a complaint for2 validation brought by the legal entity. The bonds of an entity3 created pursuant to this section subsequent to the effective4 date of this provision shall also be validated, as provided in5 chapter 75, in the circuit court in each county in which a6 facility financed by such bonds may be located.7 4. The accomplishment of the authorized purposes of a8 legal entity created under this paragraph is in all respects9 for the benefit of the people of the state, for the increase10 of their commerce and prosperity, and for the improvement of11 their health and living conditions. Since the legal entity12 will perform essential governmental functions in accomplishing13 its purposes, the legal entity is not required to pay any14 taxes or assessments of any kind whatsoever upon any property15 acquired or used by it for such purposes or upon any revenues16 at any time received by it. The bonds, notes, and other17 obligations of an entity, their transfer and the income18 therefrom, including any profits made on the sale thereof, are19 at all times free from taxation of any kind by the state or by20 any political subdivision or other agency or instrumentality21 thereof. The exemption granted in this subparagraph is not22 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 section26 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 counties30 residing in the unincorporated areas is relatively high based31 5 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 on the United States Decennial Census of 2000and increased2 substantially between 1980 and 1990.3 (c) Fiscal shortfalls persist even though 1213of the4 small counties levied the maximum ad valorem millage5 authorized in their jurisdictions in 20011990and an6 additional 1513small counties levied between 8 and 10 mills.7 (4) The Commissioner of AgricultureComptrollershall8 enter into contracts with program providers who shall:9 (a) Be a foundation that meets the requirements for10 nonprofit status under s. 501(c)(3) of the Internal Revenue11 Code with a governing board which includes in its membership12 county commissioners and professional staff of the county13 public agency or private, nonprofit corporation, association,14 or entity.15 (b) Have substantial and documented experience working16 closely with county governments in providing both educational17 and technical assistance.18 (c)(b)Use existing resources, services, and19 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 or22 private source.23 (d) Annually submit information to assist the24 Legislative Committee on Intergovernmental Relations in25 preparing a performance review that will include an analysis26 of the effectiveness of the program.27 (e) Assist small counties in developing alternative28 revenue sources.29 (f) Provide assistance to small counties intheareas30 such asoffinancial management, accounting, investing,31 purchasing, planning and budgeting, debt issuance, public 6 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 management, management systems, computers and information2 technology, economic and community development, and public3 safety management.4 (g) Provide for an annual independent financial audit5 of the program.6 (h) In each county served, conduct a needs assessment7 upon which the assistance provided for that county will be8 designed.9 (5)(a) The Commissioner of AgricultureComptroller10 shall issue a request for proposals to provide assistance to11 small counties. The request for proposals shall be required no12 more frequently than every third year beginning with fiscal13 year 2004-2005. All contracts in existence on the effective14 date of this act between the Comptroller and any other party15 with respect to the Small County Technical Assistance Program16 may be accepted by the Commissioner of Agriculture as the17 party in interest and said contracts shall remain in full18 force and effect according to their terms.At the request of19 the Comptroller, the Legislative Committee on20 Intergovernmental Relations shall assist in the preparation of21 the request for proposals.22 (b) The Commissioner of AgricultureComptrollershall23 review each contract proposal submitted.24 (c) The Legislative Committee on Intergovernmental25 Relations shall review each contract proposal and submit to26 the Comptroller, in writing, advisory comments and27 recommendations, citing with specificity the reasons for its28 recommendations.29 (c)(d)The Commissioner of AgricultureComptroller and30 the councilshall consider the following factors in reviewing31 contract proposals: 7 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 1. The demonstrated capacity of the provider to2 conduct needs assessments and implement the program as3 proposed.4 2. The number of small counties to be served under the5 proposal.6 3. The cost of the program as specified in a proposed7 budget.8 4. The short-term and long-term benefits of the9 assistance to small counties.10 5. The form and extent to which existing resources,11 services, and information that are available from state and12 local agencies, universities, and the private sector will be13 used by the provider under the contract.14 (6) A decision of the Commissioner of Agriculture15 Comptrollerto award a contract under this section is final16 and shall be in writingwith a copy provided to the17 Legislative Committee on Intergovernmental Relations.18 (7) The Comptroller may enter into contracts and19 agreements with other state and local agencies and with any20 person, association, corporation, or entity other than the21 program providers, for the purpose of administering this22 section.23 (7)(8)The Commissioner of AgricultureComptroller24 shall provide fiscal oversight to ensure that funds expended25 for the program are used in accordance with the contracts26 entered into pursuant to subsection (4) and shall conduct a27 performance review of the program as may be necessary to28 ensure that the goals and objectives of the program are being29 met.30 (9) The Legislative Committee on Intergovernmental31 Relations shall annually conduct a performance review of the8 CODING: Wordsstrickenare deletions; words underlined are additions.CS/HB 1343, First Engrossed 1 program. The findings of the review shall be presented in a2 report submitted to the Governor, the President of the Senate,3 the Speaker of the House of Representatives, and the4 Comptroller by January 15 of each year.5 Section 3. Specific Appropriation 2252 in the6 2002-2003 General Appropriations Act is hereby repealed and an7 identical amount is hereby appropriated to the Department of8 Agriculture and Consumer Services from the General Revenue9 Fund for the purposes of this act.10 Section 4. This act shall take effect June 30, 2002.11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 CODING: Wordsstrickenare deletions; words underlined are additions.