Senate Bill sb1954

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    Florida Senate - 2002                                  SB 1954

    By Senator Constantine





    9-1326-02

  1                      A bill to be entitled

  2         An act relating to intergovernmental programs;

  3         amending s. 163.01, F.S.; prohibiting an entity

  4         created under the Interlocal Cooperation Act

  5         and consisting of municipalities and counties

  6         from owning and operating certain public

  7         facilities that serve populations outside the

  8         territorial limits of the entity members;

  9         providing an effective date.

10

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

12

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

14  163.01, Florida Statutes, is amended to read:

15         163.01  Florida Interlocal Cooperation Act of 1969.--

16         (7)

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

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

19  the membership of which is limited to municipalities and

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

21  operate, and manage public facilities relating to a

22  governmental function or purpose, including, but not limited

23  to, wastewater facilities, water or alternative water supply

24  facilities, and water reuse facilities, which may serve

25  populations within but not or outside the territorial limits

26  of the members of the entity. Notwithstanding s. 367.171(7),

27  any separate legal entity created under this paragraph is not

28  subject to commission jurisdiction and may not provide utility

29  services within the service area of an existing utility system

30  unless it has received the consent of the utility. The entity

31  may finance or refinance the acquisition, construction,

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    Florida Senate - 2002                                  SB 1954
    9-1326-02




  1  expansion, and improvement of the public facility through the

  2  issuance of its bonds, notes, or other obligations under this

  3  section. The entity has all the powers provided by the

  4  interlocal agreement under which it is created or which are

  5  necessary to own, operate, or manage the public facility,

  6  including, without limitation, the power to establish rates,

  7  charges, and fees for products or services provided by it, the

  8  power to levy special assessments, the power to sell all or a

  9  portion of its facility, and the power to contract with a

10  public or private entity to manage and operate its facilities

11  or to provide or receive services or products. Except as may

12  be limited by the interlocal agreement under which the entity

13  is created, all of the privileges, benefits, powers, and terms

14  of s. 125.01, relating to counties, and s. 166.021, relating

15  to municipalities, are fully applicable to the entity.

16  However, neither the entity nor any of its members on behalf

17  of the entity may exercise the power of eminent domain over

18  the facilities or property of any existing water or wastewater

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

20  water or wastewater plant utility facilities or property which

21  was acquired by the use of eminent domain after the effective

22  date of this act. Bonds, notes, and other obligations issued

23  by the entity are issued on behalf of the public agencies that

24  are members of the entity.

25         2.  Any entity created under this section may also

26  issue bond anticipation notes in connection with the

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

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

29  may issue capital appreciation bonds or variable rate bonds.

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

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

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    Florida Senate - 2002                                  SB 1954
    9-1326-02




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

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

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

  4  denomination; be in the form; carry the registration

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

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

  7  subject to the terms of redemption, including redemption prior

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

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

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

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

12  the signature or facsimile is valid and sufficient for all

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

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

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

16  of the entity shall determine. Pending preparation of the

17  definitive bonds, the entity may issue interim certificates,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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    Florida Senate - 2002                                  SB 1954
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  1  obligations and the interest rate of the bonds, notes, or

  2  other obligations must be within the limits prescribed by the

  3  governing body of the legal entity and its resolution

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

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

  6  obligations.

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

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

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

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

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

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

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

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

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

16  served only on the State Attorney of the Second Judicial

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

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

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

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

21  validation brought by the legal entity.

22         4.  The accomplishment of the authorized purposes of a

23  legal entity created under this paragraph is in all respects

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

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

26  their health and living conditions. Since the legal entity

27  will perform essential governmental functions in accomplishing

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

29  taxes or assessments of any kind whatsoever upon any property

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

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

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    Florida Senate - 2002                                  SB 1954
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  1  obligations of an entity, their transfer and the income

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

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

  4  any political subdivision or other agency or instrumentality

  5  thereof. The exemption granted in this subparagraph is not

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

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

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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11            *****************************************

12                          SENATE SUMMARY

13    Prohibits an entity created under the Interlocal
      Cooperation Act and composed of municipalities and
14    counties from acquiring, owning, constructing, improving,
      operating, and managing public facilities relating to a
15    governmental function or purpose which serve populations
      outside the territorial limits of the entity members.
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