Florida Senate - 2018                                    SB 1814
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01517-18                                            20181814__
    1                        A bill to be entitled                      
    2         An act relating to safe neighborhood improvement
    3         districts; creating s. 163.5161, F.S.; creating the
    4         Safe Neighborhood Improvement District Revolving Loan
    5         Program; providing legislative purpose; providing
    6         definitions; authorizing the Department of Legal
    7         Affairs to provide loans for specified projects within
    8         safe neighborhood improvement districts; authorizing a
    9         safe neighborhood improvement district to borrow funds
   10         made available under the program and pledge revenues
   11         to repay such funds; specifying the procedures by
   12         which the department is to administer and manage the
   13         loans; specifying the term of such loans; authorizing
   14         the department to provide financial assistance to
   15         small safe neighborhood improvement districts;
   16         authorizing the department to adopt rules related to
   17         the loan program; requiring the department to prepare
   18         an annual report and submit it to specified committees
   19         in the Legislature; specifying items that the safe
   20         neighborhood improvement districts must submit to the
   21         department before being approved for loans; requiring
   22         the approval of the use of the revolving loans by the
   23         registered voters of the district by referendum;
   24         specifying items to be included in the referendum;
   25         requiring the referendum to be by sent by mail and
   26         published; specifying audit procedures once a loan
   27         project is completed; authorizing the department to
   28         charge reasonable service fees on loans to ensure the
   29         Safe Neighborhood Improvement District Revolving Loan
   30         Trust Fund will be operated in perpetuity; specifying
   31         fee amounts; restricting uses of the trust fund;
   32         specifying procedures if a safe neighborhood
   33         improvement district defaults under the terms of its
   34         loan agreement; authorizing the department to levy
   35         penalties for delinquent loan payments; authorizing
   36         the department to terminate or rescind a financial
   37         assistance agreement under certain conditions;
   38         providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Section 163.5161, Florida Statutes, is created
   43  to read:
   44         163.5161Safe Neighborhood Improvement District Revolving
   45  Loan Program; use; rules.—
   46         (1)The purpose of this section is to help implement the
   47  legislative public policy of guiding the coordinated, balanced,
   48  and harmonious development of safe neighborhood improvement
   49  districts. This is accomplished by ensuring such districts have
   50  adequate finances to plan and increase crime prevention through
   51  environmental design, environmental security, or defensible
   52  space techniques, or through community policing innovations.
   53         (2)For purposes of this section, the term:
   54         (a)“Bonds” means bonds, certificates, or other obligations
   55  of indebtedness issued by the department under this section.
   56         (b)“Neighborhood improvements” means all facilities,
   57  including land, water, utilities, and roads, necessary for
   58  providing critical infrastructure to implement the crime
   59  prevention plans of a safe neighborhood improvement district.
   60         (3)The department may provide loan guarantees, purchase
   61  loan insurance, and refinance local debt through the issuance of
   62  new loans for projects that are in the plans of a safe
   63  neighborhood improvement district and that have been approved by
   64  the department. A safe neighborhood improvement district may
   65  borrow funds made available pursuant to this section and may
   66  pledge any revenues or other adequate security available to the
   67  district to repay any funds borrowed.
   68         (a)The department shall administer loans so that 15
   69  percent of the amounts credited to the Safe Neighborhood
   70  Improvement District Revolving Loan Trust Fund in any fiscal
   71  year is reserved for small safe neighborhood improvement
   72  districts.
   73         (b)If an insufficient number of the projects for which
   74  funds are reserved under this subsection have been submitted to
   75  the department at the time a funding priority list is adopted,
   76  the reservation of these funds no longer applies. The department
   77  may award the unreserved funds as otherwise provided in this
   78  section.
   79         (4)The term of loans made pursuant to this section may not
   80  exceed the life of the project secured by the bond. The interest
   81  rate on such loans may not exceed that paid on the last bonds
   82  sold pursuant to s. 14, Art. VII of the State Constitution.
   83         (5)(a)The department may provide financial assistance to
   84  small neighborhood improvement districts, as determined by the
   85  department, including providing forgiveness of the loan
   86  principal.
   87         (b)The department shall establish by rule the criteria for
   88  determining whether a safe neighborhood improvement district
   89  serves a financially disadvantaged community. Such criteria
   90  shall be based on the median household income of the service
   91  population or other reliably documented measures of
   92  disadvantaged status.
   93         (6)In order to ensure that public moneys are managed in an
   94  equitable, prudent, and cost-effective manner, the total amount
   95  of money loaned to any safe neighborhood improvement district
   96  during a fiscal year may not exceed 25 percent of the total
   97  funds available for making loans during that year.
   98         (7)The department may adopt rules to:
   99         (a)Establish a priority system for loans based on degree
  100  of likelihood of enhancing crime prevention and affordability
  101  within a safe neighborhood improvement district.
  102         (b)Establish the requirements for the award and the
  103  repayment of financial assistance.
  104         (c)Require evidence of credit worthiness and adequate
  105  security, including an identification of revenues to be pledged
  106  and documentation of the sufficiency of revenues for loan
  107  repayment and pledged revenue coverage, to ensure that each loan
  108  recipient can meet its loan repayment requirements.
  109         (d)Require each project receiving financial assistance to
  110  be cost-effective, environmentally sound, implementable, and
  111  self-supporting.
  112         (8)The department shall prepare a report at the end of
  113  each fiscal year which details the financial assistance provided
  114  under this section, service fees collected, interest earned, and
  115  loans outstanding. The report shall be provided to the
  116  appropriations committees in the Senate and the House of
  117  Representatives.
  118         (9)Before being approved for a loan, the safe neighborhood
  119  improvement district must, at a minimum:
  120         (a)Provide a repayment schedule.
  121         (b)Submit evidence that the project proposed for financial
  122  assistance can be permitted or implemented.
  123         (c)Submit plans and specifications, biddable contract
  124  documents, or other documentation of appropriate procurement of
  125  goods and services.
  126         (d)Provide assurance that records will be kept using
  127  generally accepted accounting principles and that the department
  128  and the Auditor General will have access to all records
  129  pertaining to the loan.
  130         (e)Provide assurance that the goods and services funded
  131  will be properly operated and maintained.
  132         (10)A safe neighborhood improvement district may not
  133  receive a revolving loan under this section unless the local
  134  government approves a resolution that provides for a referendum,
  135  and the qualified electors of the district have approved the use
  136  of revolving loans by referendum. The referendum must include
  137  the estimated cost of the capital projects that are anticipated
  138  to be funded by the revolving loan funds and the amount of the
  139  loan.
  140         (a)The referendum to approve the loan funds shall be by
  141  mail ballot.
  142         (b)Within 45 days after the date the city or county
  143  commission enacts an ordinance calling a referendum, the city
  144  clerk or the supervisor of elections, as appropriate, shall
  145  compile a list of the names and last known addresses of the
  146  electors within the safe neighborhood improvement district from
  147  the list of registered voters of the municipality or county, as
  148  appropriate, as of the last day of the preceding month, which
  149  shall be the registration list for the referendum. A resident of
  150  the district whose name does not appear on the registration list
  151  may register to vote in the referendum as otherwise provided by
  152  law.
  153         (c)Within 45 days after compilation of the voter
  154  registration list, the city clerk or the supervisor of
  155  elections, as appropriate, shall notify each qualified elector
  156  of the provisions of the ordinance and the date of the upcoming
  157  referendum. Notification shall be by first-class mail and a one
  158  time publication in a newspaper of general circulation in the
  159  municipality or county, as appropriate, in which the district is
  160  located.
  161         (d)The registration list must remain open for 75 days
  162  after the date of the mailing of the notices to the electors as
  163  provided in paragraph (c).
  164         (e)Within 15 days after closing the registration list, the
  165  city clerk or the supervisor of elections, as appropriate, shall
  166  send a ballot to each elector at his or her last known mailing
  167  address by first-class mail. The ballot must include:
  168         1.A description of the capital projects to be funded by
  169  the loan and the revenue sources that will be used to repay the
  170  loan.
  171         2.The following statement:
  172         “Do you favor authorizing the .... Safe Neighborhood
  173  Improvement District to use revolving loan funds in the amount
  174  of $............to finance capital projects that are estimated
  175  to cost $............ as provided by section 163.5161, Florida
  176  Statutes?
  177  
  178         ....Yes, I favor authorizing the use of revolving loan
  179  funds for district purposes.
  180         ....No, I am opposed to authorizing the use of revolving
  181  loan funds for district purposes.
  182  
  183         (f)Ballots must be returned by mail or by personal
  184  delivery.
  185         (g)All ballots received within 60 days after the closing
  186  of the registration list shall be tabulated by the city clerk or
  187  the supervisor of elections, as appropriate, who shall certify
  188  the results thereof to the city or county commission, as
  189  appropriate, no later than 5 days thereafter.
  190         (h)The use of revolving loan funds is deemed to have been
  191  approved only upon the affirmative vote of a majority of the
  192  registered voters in the district voting on the issue.
  193         (11)The department may conduct an audit of the loan
  194  project upon completion, or may require that a separate project
  195  audit, prepared by an independent certified public accountant,
  196  be submitted.
  197         (12)The department may require reasonable service fees on
  198  loans made to safe neighborhood improvement districts to ensure
  199  that the Safe Neighborhood Improvement District Revolving Loan
  200  Trust Fund will be operated in perpetuity and to implement the
  201  purposes authorized under this section. Service fees may not be
  202  less than 2 percent nor greater than 4 percent of the loan
  203  amount exclusive of the service fee. Service fee revenues shall
  204  be deposited into the department’s Grants and Donations Trust
  205  Fund. The fee revenues, and interest earnings thereon, shall be
  206  used exclusively to carry out the purposes of this section.
  207         (13)The Safe Neighborhood Improvement District Revolving
  208  Loan Trust Fund shall be used exclusively to carry out the
  209  purposes of this section. Any funds that are not needed
  210  immediately for financial assistance shall be invested pursuant
  211  to s. 215.49. The principal and interest of all loans repaid and
  212  investment earnings thereon shall be deposited into the fund.
  213         (14)(a)If a safe neighborhood improvement district
  214  defaults under the terms of its loan agreement, the department
  215  must so certify to the Chief Financial Officer, who shall
  216  forward the amount delinquent to the department from any
  217  unobligated funds due to the safe neighborhood improvement
  218  district under any revenue-sharing or tax-sharing fund
  219  established by the state, except as otherwise provided by the
  220  State Constitution. Certification of delinquency may not limit
  221  the department from pursuing other remedies available for
  222  default on a loan, including accelerating loan repayments,
  223  eliminating all or part of the interest rate subsidy on the
  224  loan, and requesting a court appoint a receiver to manage the
  225  safe neighborhood improvement district.
  226         (b)The department may impose a penalty for delinquent loan
  227  payments in the amount of 6 percent of the amount due, in
  228  addition to charging the cost to handle and process the debt.
  229  Penalty interest shall accrue on any amount due and payable
  230  beginning on the 30th day following the date upon which payment
  231  is due.
  232         (15)The department may terminate or rescind a financial
  233  assistance agreement if the recipient fails to comply with the
  234  terms and conditions of the agreement.
  235         Section 2. This act shall take effect upon becoming a law.