Florida Senate - 2010                                    SB 1130
       
       
       
       By Senator Constantine
       
       
       
       
       22-00964-10                                           20101130__
    1                        A bill to be entitled                      
    2         An act relating to the Local Government Revenue
    3         Intercept Act; creating s. 218.387, F.S.; providing a
    4         short title; providing definitions; providing that a
    5         local government may authorize by resolution or
    6         ordinance the Department of Revenue to intercept
    7         certain revenues in order to replenish the debt
    8         service reserve or other payment for local government
    9         bonds; providing certain requirements for such
   10         resolution or ordinance; specifying certain
   11         obligations and restrictions on the local government
   12         with respect to such interception; authorizing the
   13         department to adopt rules; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 218.387, Florida Statutes, is created to
   19  read:
   20         218.387Local Government Revenue Intercept Act.—
   21         (1) This section may be cited as the “Local Government
   22  Revenue Intercept Act.”
   23         (2) As used in this section, the term:
   24         (a) “Available revenues” means local government funds
   25  derived from one or more of the following: the communications
   26  services tax, the local government half-cent sales tax, a local
   27  option fuel tax, or revenue sharing.
   28         (b) “Bonds” means any bond, loan, promissory note, lease
   29  purchase agreement, certificate of participation, installment
   30  sale, lease, or similar financing mechanism or financial
   31  arrangement of a local government, whether or not a debt for
   32  legal purposes.
   33         (c) “Communications services tax” means the communications
   34  services tax collected pursuant to chapter 202 for distribution
   35  to local governments.
   36         (d) “Department” means the Department of Revenue.
   37         (e) “Intercept program” means an authorized process for
   38  intercepting a local government’s available revenues as provided
   39  in subsection (3).
   40         (f) “Local government” means any county or municipality, or
   41  any county or municipality that individually or collectively
   42  participates with a separate legal entity created under s.
   43  163.01 for the purpose of financing or refinancing bonds and the
   44  separate legal entity.
   45         (g) “Local government half-cent sales tax” means the local
   46  government half-cent sales tax collected pursuant to part VI of
   47  this chapter for distribution to local governments.
   48         (h) “Local option fuel tax” means any optional fuel tax
   49  collected by a county, municipality, or other political
   50  subdivision pursuant to chapter 206 for distribution to local
   51  governments.
   52         (i) “Revenue sharing” means funds available pursuant to
   53  part II of this chapter for distribution to local governments.
   54         (3) A local government may, by resolution or ordinance,
   55  authorize the department to intercept the local government’s
   56  available revenues as specified in this section.
   57         (a) The resolution or ordinance must:
   58         1. Specifically authorize the department to intercept
   59  available revenues collected or held by the state for the local
   60  government and use the revenues to replenish the debt service
   61  reserve or other similar payment account for the local
   62  government bonds if the local government failed to make a
   63  required debt service or other similar payment and the bond
   64  account has been drawn upon to make such payment.
   65         2. Specifically authorize the department to intercept
   66  available revenues that have not been pledged to other current
   67  or future bonds of the local government.
   68         3. Specifically authorize the department to intercept
   69  available revenues, if any, as needed from the following sources
   70  in the following order of priority:
   71         a. Funds derived from revenue sharing which are restricted
   72  under s. 218.25(4) and not permitted to be assigned, pledged, or
   73  set aside for debt service or other similar payment.
   74         b. Funds derived from the local government half-cent sales
   75  tax.
   76         c. Funds derived from the communications services tax.
   77         d. Funds derived from a local option fuel tax if the bonds
   78  relate to an authorized use of such funds.
   79         e. Any remaining funds derived from revenue sharing.
   80         4. Specify the trustee or paying agent for the local
   81  government bonds, specifically authorize the department to
   82  receive and act on requests by the trustee or paying agent to
   83  intercept available revenues, and acknowledge that the local
   84  government is responsible for informing the department of any
   85  changes to the trustee or paying agent within 30 days after such
   86  change.
   87         5. Require that local government bonds have a cash-funded
   88  debt service or other similar payment reserve equal to the
   89  maximum annual debt service or other similar payment, and
   90  require that payment dates for principal and interest for the
   91  bonds be no more frequent than quarterly.
   92         6. Inform the department of the debt service or other
   93  similar payment schedule for the local government bonds.
   94         7.Provide that the local government has reasonably
   95  determined in good faith that anticipated available revenues in
   96  each fiscal year during the term or length of the local
   97  government bonds will be at least 1.75 times the maximum annual
   98  amount of debt service or other similar payment on the bonds.
   99         8. Acknowledge that the local government may not amend or
  100  repeal the resolution or ordinance establishing the intercept
  101  program without the concurrence of a majority of the purchasers,
  102  holders, and owners of the local government bonds, or an entity
  103  authorized to act on the behalf of the purchasers, holders, and
  104  owners.
  105         9. Acknowledge that the resolution or ordinance authorizing
  106  the intercept program must be included and made a part of the
  107  bond resolution or other bond agreement.
  108         (b) The local government shall provide a copy of the
  109  ordinance or resolution to the department and the Division of
  110  Bond Finance of the State Board of Administration. Within 30
  111  days after receipt, the department shall acknowledge and accept
  112  the ordinance or resolution after it has determined that the
  113  ordinance or resolution contains all the required authorizations
  114  and information specified in this subsection, or, if not, inform
  115  the local government in writing of any deficiencies with the
  116  ordinance or resolution.
  117         (4) A local government’s funds, as restricted under revenue
  118  sharing under s. 218.25(4) and not permitted to be assigned,
  119  pledged, or set aside for debt service or other similar payment,
  120  must be available revenues subject to being intercepted as
  121  provided in this section. Available revenues under an intercept
  122  program of 1.75 times the maximum annual amount of debt service
  123  or other similar payment on the local government bonds are
  124  provided solely to prevent a default on local government bonds
  125  and may not be considered in any calculation for additional
  126  local government bonds. The department shall implement only the
  127  specific provisions of this section and is not responsible for
  128  providing the local government’s demographic or revenue history.
  129  The local government and trustee or paying agent shall jointly
  130  inform the department of the termination of local government
  131  bonds subject to the intercept program.
  132         (5) The trustee or paying agent for local government bonds
  133  subject to an intercept program must provide the department and
  134  the local government with at least 60 days’ written notice of
  135  the need to intercept the local government’s available revenues,
  136  the exact amount of revenues to be intercepted, the date the
  137  intercepted revenues are to be deposited with the trustee or
  138  paying agent, and wiring or other instructions for transmitting
  139  the revenues. Upon receiving the notice, the department shall
  140  intercept the local government’s available revenues, if the
  141  revenues are otherwise required to be distributed to the local
  142  government by the department, and transmit the revenues as
  143  specified by the trustee or paying agent in a timely manner. The
  144  department shall be paid for all costs it incurs in
  145  administering this section.
  146         (6) A local government’s bonds subject to an intercept
  147  program do not constitute an obligation of the state, a debt of
  148  the state, or a pledge of the full faith and credit or taxing
  149  power of the state. Revenues payable under an intercept program
  150  are payable only from available revenues as provided in this
  151  section. An intercept program does not constitute the state’s
  152  assumption of a debt of a local government. The state covenants
  153  with the purchasers, holders, and owners of bonds covered under
  154  an intercept program that it will not repeal, revoke, rescind,
  155  modify, or amend the provisions of this section in a manner that
  156  would abrogate the rights or protections of such purchasers,
  157  holders, and owners of bonds.
  158         (7) The department may adopt forms or rules to administer
  159  this section.
  160         Section 2. This act shall take effect upon becoming a law.