SENATE AMENDMENT
    Bill No. CS/HB 1681, 2nd Eng.
    Amendment No. ___   Barcode 701022
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Geller moved the following amendment to amendment
12  (792734):
13  
14         Senate Amendment (with title amendment) 
15         On page 80, between lines 21 and 22,
16  
17  insert:  
18         Section 72.  Paragraph (g) of subsection (7) of section
19  163.01, Florida Statutes, is amended to read:
20         163.01  Florida Interlocal Cooperation Act of 1969.--
21         (7)
22         (g)1.  Notwithstanding any other provisions of this
23  section, any separate legal entity created under this section,
24  the membership of which is limited to municipalities and
25  counties of the state, may acquire, own, construct, improve,
26  operate, and manage public facilities, or finance facilities
27  on behalf of any person, relating to a governmental function
28  or purpose, including, but not limited to, wastewater
29  facilities, water or alternative water supply facilities, and
30  water reuse facilities, which may serve populations within or
31  outside of the members of the entity. Notwithstanding s.
                                  1
    9:00 PM   03/21/02                               h1681.ag29.r0

SENATE AMENDMENT Bill No. CS/HB 1681, 2nd Eng. Amendment No. ___ Barcode 701022 1 367.171(7), any separate legal entity created under this 2 paragraph is not subject to commission jurisdiction and may 3 not provide utility services within the service area of an 4 existing utility system unless it has received the consent of 5 the utility. The entity may finance or refinance the 6 acquisition, construction, expansion, and improvement of such 7 facilities relating to a governmental function or purpose the 8 public facility through the issuance of its bonds, notes, or 9 other obligations under this section or as otherwise 10 authorized by law. The entity has all the powers provided by 11 the interlocal agreement under which it is created or which 12 are necessary to finance, own, operate, or manage the public 13 facility, including, without limitation, the power to 14 establish rates, charges, and fees for products or services 15 provided by it, the power to levy special assessments, the 16 power to sell or finance all or a portion of such its 17 facility, and the power to contract with a public or private 18 entity to manage and operate such its facilities or to provide 19 or receive facilities, services, or products. Except as may be 20 limited by the interlocal agreement under which the entity is 21 created, all of the privileges, benefits, powers, and terms of 22 s. 125.01, relating to counties, and s. 166.021, relating to 23 municipalities, are fully applicable to the entity. However, 24 neither the entity nor any of its members on behalf of the 25 entity may exercise the power of eminent domain over the 26 facilities or property of any existing water or wastewater 27 plant utility system, nor may the entity acquire title to any 28 water or wastewater plant utility facilities, other 29 facilities, or property which was acquired by the use of 30 eminent domain after the effective date of this act. Bonds, 31 notes, and other obligations issued by the entity are issued 2 9:00 PM 03/21/02 h1681.ag29.r0
SENATE AMENDMENT Bill No. CS/HB 1681, 2nd Eng. Amendment No. ___ Barcode 701022 1 on behalf of the public agencies that are members of the 2 entity. 3 2. Any entity created under this section may also 4 issue bond anticipation notes in connection with the 5 authorization, issuance, and sale of bonds. The bonds may be 6 issued as serial bonds or as term bonds or both. Any entity 7 may issue capital appreciation bonds or variable rate bonds. 8 Any bonds, notes, or other obligations must be authorized by 9 resolution of the governing body of the entity and bear the 10 date or dates; mature at the time or times, not exceeding 40 11 years from their respective dates; bear interest at the rate 12 or rates; be payable at the time or times; be in the 13 denomination; be in the form; carry the registration 14 privileges; be executed in the manner; be payable from the 15 sources and in the medium or payment and at the place; and be 16 subject to the terms of redemption, including redemption prior 17 to maturity, as the resolution may provide. If any officer 18 whose signature, or a facsimile of whose signature, appears on 19 any bonds, notes, or other obligations ceases to be an officer 20 before the delivery of the bonds, notes, or other obligations, 21 the signature or facsimile is valid and sufficient for all 22 purposes as if he or she had remained in office until the 23 delivery. The bonds, notes, or other obligations may be sold 24 at public or private sale for such price as the governing body 25 of the entity shall determine. Pending preparation of the 26 definitive bonds, the entity may issue interim certificates, 27 which shall be exchanged for the definitive bonds. The bonds 28 may be secured by a form of credit enhancement, if any, as the 29 entity deems appropriate. The bonds may be secured by an 30 indenture of trust or trust agreement. In addition, the 31 governing body of the legal entity may delegate, to an 3 9:00 PM 03/21/02 h1681.ag29.r0
SENATE AMENDMENT Bill No. CS/HB 1681, 2nd Eng. Amendment No. ___ Barcode 701022 1 officer, official, or agent of the legal entity as the 2 governing body of the legal entity may select, the power to 3 determine the time; manner of sale, public or private; 4 maturities; rate of interest, which may be fixed or may vary 5 at the time and in accordance with a specified formula or 6 method of determination; and other terms and conditions as may 7 be deemed appropriate by the officer, official, or agent so 8 designated by the governing body of the legal entity. However, 9 the amount and maturity of the bonds, notes, or other 10 obligations and the interest rate of the bonds, notes, or 11 other obligations must be within the limits prescribed by the 12 governing body of the legal entity and its resolution 13 delegating to an officer, official, or agent the power to 14 authorize the issuance and sale of the bonds, notes, or other 15 obligations. 16 3. Bonds, notes, or other obligations issued under 17 subparagraph 1. may be validated as provided in chapter 75. 18 The complaint in any action to validate the bonds, notes, or 19 other obligations must be filed only in the Circuit Court for 20 Leon County. The notice required to be published by s. 75.06 21 must be published in Leon County and in each county that is a 22 member of the entity issuing the bonds, notes, or other 23 obligations, or in which a member of the entity is located, 24 and the complaint and order of the circuit court must be 25 served only on the State Attorney of the Second Judicial 26 Circuit and on the state attorney of each circuit in each 27 county that is a member of the entity issuing the bonds, 28 notes, or other obligations or in which a member of the entity 29 is located. Section 75.04(2) does not apply to a complaint for 30 validation brought by the legal entity. 31 4. The accomplishment of the authorized purposes of a 4 9:00 PM 03/21/02 h1681.ag29.r0
SENATE AMENDMENT Bill No. CS/HB 1681, 2nd Eng. Amendment No. ___ Barcode 701022 1 legal entity created under this paragraph is in all respects 2 for the benefit of the people of the state, for the increase 3 of their commerce and prosperity, and for the improvement of 4 their health and living conditions. Since the legal entity 5 will perform essential governmental functions in accomplishing 6 its purposes, the legal entity is not required to pay any 7 taxes or assessments of any kind whatsoever upon any property 8 acquired or used by it for such purposes or upon any revenues 9 at any time received by it. The bonds, notes, and other 10 obligations of an entity, their transfer and the income 11 therefrom, including any profits made on the sale thereof, are 12 at all times free from taxation of any kind by the state or by 13 any political subdivision or other agency or instrumentality 14 thereof. The exemption granted in this subparagraph is not 15 applicable to any tax imposed by chapter 220 on interest, 16 income, or profits on debt obligations owned by corporations. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 87, line 27, after the semicolon 24 25 insert: 26 amending s. 163.01, F.S.; revising provisions 27 with respect to the Florida Interlocal 28 Cooperation Act of 1969; authorizing entities 29 to finance certain facilities under the act; 30 31 5 9:00 PM 03/21/02 h1681.ag29.r0