Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1102
       
       
       
       
       
       
                                Ì3661389Î366138                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/13/2015           .                                
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       The Committee on Finance and Tax (Soto) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 71 - 206
    4  and insert:
    5         (2) DEFINITIONS.—As used in this section, the term:
    6         (a) “Authority” means an entity created under s.
    7  163.01(7)(g), Florida Statutes, which provides public utility
    8  services and whose membership consists of at least three
    9  counties. The term includes any successor to the powers and
   10  functions of such an entity. The term also includes any local
   11  agency as defined herein.
   12         (b) “Cost,” as applied to a utility project or a portion of
   13  a utility project financed under this section, means:
   14         1. Any part of the expense of constructing, renovating, or
   15  acquiring lands, structures, real or personal property, rights,
   16  rights-of-way, franchises, easements, and interests acquired or
   17  used for a utility project;
   18         2. The expense of demolishing or removing any buildings or
   19  structures on acquired land, including the expense of acquiring
   20  any lands to which the buildings or structures may be moved, and
   21  the cost of all machinery and equipment used for the demolition
   22  or removal;
   23         3. Finance charges;
   24         4. Interest, as determined by the authority;
   25         5. Provisions for working capital and debt service
   26  reserves;
   27         6. Expenses for extensions, enlargements, additions,
   28  replacements, renovations, and improvements;
   29         7. Expenses for architectural, engineering, financial,
   30  accounting, and legal services, plans, specifications,
   31  estimates, and administration; or
   32         8. Any other expenses necessary or incidental to
   33  determining the feasibility of constructing a utility project or
   34  incidental to the construction, acquisition, or financing of a
   35  utility project.
   36         (c) “Customer” means a person receiving water or wastewater
   37  service from a publicly owned utility.
   38         (d) “Finance” or “financing” includes refinancing.
   39         (e) “Financing cost” means:
   40         1. Interest and redemption premiums that are payable on
   41  utility cost containment bonds;
   42         2. The cost of retiring the principal of utility cost
   43  containment bonds, whether at maturity, including acceleration
   44  of maturity upon an event of default, or upon redemption,
   45  including sinking fund redemption;
   46         3. The cost related to issuing or servicing utility cost
   47  containment bonds, including any payment under an interest rate
   48  swap agreement and any type of fee;
   49         4. A payment or expense associated with a bond insurance
   50  policy; financial guaranty; contract, agreement, or other credit
   51  or liquidity enhancement for bonds; or contract, agreement, or
   52  other financial agreement entered into in connection with
   53  utility cost containment bonds;
   54         5. Any coverage charges; or
   55         6. The funding of one or more reserve accounts relating to
   56  utility cost containment bonds.
   57         (f) “Financing resolution” means a resolution adopted by
   58  the governing body of an authority which provides for the
   59  financing or refinancing of a utility project with utility cost
   60  containment bonds and which imposes a utility project charge in
   61  connection with the utility cost containment bonds in accordance
   62  with subsection (4). A financing resolution may be separate from
   63  a resolution authorizing the issuance of the bonds.
   64         (g) “Governing body” means the body that governs a local
   65  agency.
   66         (h) “Local agency” means a member of the authority, or an
   67  agency or subdivision of that member, which is sponsoring or
   68  refinancing a utility project, or any municipality, county,
   69  authority, special district, public corporation, regional water
   70  authority, or other governmental entity of the state which is
   71  sponsoring or refinancing a utility project.
   72         (i) “Public utility services” means water or wastewater
   73  services provided by a publicly owned utility. The term does not
   74  include communications services, as defined in s. 202.11,
   75  Florida Statutes, Internet access services, or information
   76  services.
   77         (j) “Publicly owned utility” means a utility providing
   78  retail or wholesale water or wastewater services which is owned
   79  and operated by a local agency. The term includes any successor
   80  to the powers and functions of such a utility.
   81         (k) “Revenue” means income and receipts of the authority
   82  related to the financing of utility projects and issuance of
   83  utility cost containment bonds, including any of the following:
   84         1. Bond purchase agreements;
   85         2. Bonds acquired by the authority;
   86         3. Installment sales agreements and other revenue-producing
   87  agreements entered into by the authority;
   88         4. Utility projects financed or refinanced by the
   89  authority;
   90         5. Grants and other sources of income;
   91         6. Moneys paid by a local agency;
   92         7. Interlocal agreements with a local agency, including all
   93  service agreements; or
   94         8. Interest or other income from any investment of money in
   95  any fund or account established for the payment of principal,
   96  interest, or premiums on utility cost containment bonds, or the
   97  deposit of proceeds of utility cost containment bonds.
   98         (l) “Utility cost containment bonds” means bonds, notes,
   99  commercial paper, variable rate securities, and any other
  100  evidence of indebtedness issued by an authority, the proceeds of
  101  which are used directly or indirectly to pay or reimburse a
  102  local agency or its publicly owned utility for the costs of a
  103  utility project, which are secured by a pledge of, and are
  104  payable from, utility project property.
  105         (m) “Utility project” means the acquisition, construction,
  106  installation, retrofitting, rebuilding, or other addition to or
  107  improvement of any equipment, device, structure, process,
  108  facility, technology, rights, or property located within or
  109  outside this state which is used in connection with the
  110  operations of a publicly owned utility.
  111         (n) “Utility project charge” means a charge levied on
  112  customers of a publicly owned utility to pay the financing costs
  113  of utility cost containment bonds issued under subsection (4).
  114  The term includes any adjustments to the utility project charge
  115  under subsection (5).
  116         (o) “Utility project property” means the property right
  117  created pursuant to subsection (6). The term does not include
  118  any interest in a customer’s real or personal property but
  119  includes the right, title, and interest of an authority in any
  120  of the following:
  121         1. The financing resolution, the utility project charge,
  122  and any adjustment to the utility project charge established in
  123  accordance with subsection (5);
  124         2. The financing costs of the utility cost containment
  125  bonds and all revenues, and all collections, claims, payments,
  126  moneys, or proceeds for, or arising from, the utility project
  127  charge; or
  128         3. All rights to obtain adjustments to the utility project
  129  charge pursuant to subsection (5).
  130         (3) UTILITY PROJECTS.—
  131         (a) A local agency that owns and operates a publicly owned
  132  utility may, on its own initiative or by application to an
  133  intergovernmental entity that qualifies as an authority under
  134  this act, finance the costs of a utility project using the
  135  proceeds of utility cost containment bonds. If the local agency
  136  applies to a qualified intergovernmental authority, the local
  137  agency’s application shall specify the utility project to be
  138  financed by the utility cost containment bonds and the maximum
  139  principal amount, the maximum interest rate, and the maximum
  140  stated terms of the utility cost containment bonds.
  141         (b) A local agency may not finance a utility project under
  142  this section, either on its own initiative or by application to
  143  a qualified intergovernmental authority, unless the governing
  144  body has determined, in a duly noticed public meeting,