Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for CS for SB 218 Ì486104~Î486104 LEGISLATIVE ACTION Senate . House Comm: WD . 03/27/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 184 - 222 4 and insert: 5 (3) The department may request proposals from investors 6 willing to enter into agreements to purchase the revenue stream 7 from one or more existing department leases for wireless 8 communication facilities on property owned or controlled by the 9 department. If the department receives a proposal from an 10 interested potential investor that the department wants to 11 consider, the department shall publish a notice in a newspaper 12 of general circulation at least once a week for 2 weeks, stating 13 that it has received the proposal and will accept, for 120 days 14 after the date of publication, other proposals for purchase of 15 the identified revenue stream. Agreements entered into under 16 this section shall be structured as tax-exempt financings for 17 federal income tax purposes in order to result in the largest 18 possible payout. 19 (4) Before requesting proposals or advertising receipt of 20 an unsolicited proposal for purchase of a department revenue 21 stream as authorized in this section, the department shall 22 provide a summary of the proposed transaction to the Executive 23 Office of the Governor, the chair of each legislative 24 appropriations committee, the President of the Senate, and the 25 Speaker of the House of Representatives. The summary must 26 include a description of the department lease that generates the 27 revenue stream and the historical revenue generated by the 28 lease. The department may not request proposals or advertise 29 receipt of an unsolicited proposal without the approval of the 30 Executive Office of the Governor. If the chair of either 31 legislative appropriations committee, the President of the 32 Senate, or the Speaker of the House of Representatives objects 33 to the proposed transaction in writing within 14 days after 34 receipt of the summary, the Executive Office of the Governor may 35 not approve the proposed transaction. 36 (5) The department may not pledge the credit, the general 37 revenues, or the taxing power of the state or of any political 38 subdivision of the state. The obligations of the department and 39 investors under the agreement do not constitute a general 40 obligation of the state or a pledge of the full faith and credit 41 or taxing power of the state. The agreement is payable from and 42 secured solely by payments received from department leases for 43 wireless communication facilities on property owned or 44 controlled by the department, and neither the state nor any of 45 its agencies has any liability beyond such payments. 46 (6) The department may make any covenant or representation 47 necessary or desirable in connection with the agreement, 48 including a commitment by the department to take whatever 49 actions are necessary on behalf of investors to enforce the 50 department’s rights to payments on property leased for wireless 51 communications facilities. However, the department may not 52 guarantee that revenues actually received in a future year will 53 be those anticipated in its leases for wireless communication 54 facilities. The department may agree to use its best efforts to 55 ensure that anticipated future-year revenues are protected. Any 56 risk that actual revenues received from department leases for 57 wireless communications facilities will be lower than 58 anticipated shall be borne exclusively by investors. 59 (7) Subject to annual appropriation, the investors shall 60 collect the lease payments on a schedule and in a manner 61 established in the agreements entered into pursuant to this 62 section between the department and the investors. The agreements 63 may provide for lease payments to be made directly to investors 64 by lessees if the lease agreements entered into by the 65 department and the lessees pursuant to s. 365.172(12)(f) allow 66 direct payment. 67 (8) Proceeds received by the department from leases for 68 69 ================= T I T L E A M E N D M E N T ================ 70 And the title is amended as follows: 71 Delete lines 16 - 20 72 and insert: 73 authorizing the department to request proposals from 74 investors willing to enter into agreements to purchase 75 the revenue stream; requiring the department to 76 provide public notice for proposals it wants to 77 consider; requiring the department to provide a 78 summary of the proposed transaction before requesting 79 proposals or advertising receipt of an unsolicited 80 proposal for purchase of a department revenue stream; 81 prohibiting the department from pledging