CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Constantine offered the following:

12

13         Amendment to Amendment 553475 (with title amendment) 

14         On page 12, between lines 9 and 10,

15

16  insert:

17         Section 2.  Effective upon this act becoming a law,

18  section 163.055, Florida Statutes, is created to read:

19         163.055  Local Government Financial Technical

20  Assistance Program.--

21         (1)  Among municipalities and special districts, the

22  Legislature finds that:

23         (a)  Florida is a state comprised of 400 municipalities

24  and almost 1,000 special districts statewide.

25         (b)  Of the 400 municipalities in the state, over 200

26  have a population under 5,000.

27         (c)  State and federal mandates will continue to place

28  additional funding demands on all municipalities and special

29  districts.

30         (d)  State government lacks the specific technical

31  expertise or resources to effectively perform ongoing

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  educational support and financial emergency detection or

 2  assistance.

 3         (2)  Recognizing the findings in subsection (1), the

 4  Legislature declares that:

 5         (a)  The fiscal challenges confronting various

 6  municipalities and special districts require an investment

 7  that will facilitate efforts to improve the productivity and

 8  efficiency of their financial structures and operating

 9  procedures.

10         (b)  Current and additional revenue enhancements

11  authorized by the Legislature should be managed and

12  administered using appropriate management practices and

13  expertise.

14         (3)  The purpose of this section is to provide

15  technical assistance to municipalities and special districts

16  to enable them to implement workable solutions to financially

17  related problems.

18         (4)  The Comptroller shall enter into contracts with

19  program providers who shall:

20         (a)  Be a public agency or private, nonprofit

21  corporation, association, or entity.

22         (b)  Use existing resources, services, and information

23  that are available from state or local agencies, universities,

24  or the private sector.

25         (c)  Seek and accept funding from any public or private

26  source.

27         (d)  Annually submit information to assist the

28  Legislative Committee on Intergovernmental Relations in

29  preparing a performance review that will include a analysis of

30  the effectiveness of the program.

31         (e)  Assist municipalities and independent special

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  districts in developing alternative revenue sources.

 2         (f)  Provide for an annual independent financial audit

 3  of the program, if the program receives funding.

 4         (g)  Provide assistance to municipalities and special

 5  districts in the areas of financial management, accounting,

 6  investing, budgeting, and debt issuance.

 7         (h)  Develop a needs assessment to determine where

 8  assistance should be targeted, and to establish a priority

 9  system to deliver assistance to those jurisdictions most in

10  need through the most economical means available.

11         (i)  Provide financial emergency assistance upon

12  direction from the Executive Office of the Governor pursuant

13  to s. 218.503.

14         (5)(a)  The Comptroller shall issue a request for

15  proposals to provide assistance to municipalities and special

16  districts.  At the request of the Comptroller, the Legislative

17  Committee on Intergovernmental Relations shall assist in the

18  preparation of the request for proposals.

19         (b)  The Comptroller shall review each contract

20  proposal submitted.

21         (c)  The Legislative Committee on Intergovernmental

22  Relations shall review each contract proposal and submit to

23  the Comptroller, in writing, advisory comments and

24  recommendations, citing with specificity the reasons for its

25  recommendations.

26         (d)  The Comptroller and the Legislative Committee on

27  Intergovernmental Relations shall consider the following

28  factors in reviewing contract proposals:

29         1.  The demonstrated capacity of the provider to

30  conduct needs assessments and implement the program as

31  proposed.

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1         2.  The number of municipalities and special districts

 2  to be served under the proposal.

 3         3.  The cost of the program as specified in a proposed

 4  budget.

 5         4.  The short-term and long-term benefits of the

 6  assistance to municipalities and special districts.

 7         5.  The form and extent to which existing resources,

 8  services, and information that are available from state and

 9  local agencies, universities, and the private sector will be

10  used by the provider under the contract.

11         (6)  A decision of the Comptroller to award a contract

12  under this section is final and shall be in writing with a

13  copy provided to the Legislative Committee on

14  Intergovernmental Relations.

15         (7)  The Comptroller may enter into contracts and

16  agreements with other state and local agencies and with any

17  person, association, corporation, or entity other than the

18  program providers, for the purpose of administering this

19  section.

20         (8)  The Comptroller shall provide fiscal oversight to

21  ensure that funds expended for the program are used in

22  accordance with the contracts entered into pursuant to

23  subsection (4).

24         (9)  The Legislative Committee on Intergovernmental

25  Relations shall annually conduct a performance review of the

26  program.  The findings of the review shall be presented in a

27  report submitted to the Governor, the President of the Senate,

28  the Speaker of the House of Representatives, and the

29  Comptroller by January 15 of each year.

30         Section 3.  Effective upon this act becoming a law,

31  paragraph (d) of subsection (7) of section 163.01, Florida

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Statutes, is amended to read:

 2         163.01  Florida Interlocal Cooperation Act of 1969.--

 3         (7)(d)  Notwithstanding the provisions of paragraph

 4  (c), any separate legal entity created pursuant to this

 5  section and controlled by the municipalities or counties of

 6  this state or by one or more municipality and one or more

 7  county of this state, the membership of which consists or is

 8  to consist of municipalities only, counties only, or one or

 9  more municipality and one or more county, may, for the purpose

10  of financing or refinancing any capital projects, exercise all

11  powers in connection with the authorization, issuance, and

12  sale of bonds. Notwithstanding any limitations provided in

13  this section, all of the privileges, benefits, powers, and

14  terms of part I of chapter 125, part II of chapter 166, and

15  part I of chapter 159 shall be fully applicable to such

16  entity.  Bonds issued by such entity shall be deemed issued on

17  behalf of the counties or municipalities which enter into loan

18  agreements with such entity as provided in this paragraph.

19  Any loan agreement executed pursuant to a program of such

20  entity shall be governed by the provisions of part I of

21  chapter 159 or, in the case of counties, part I of chapter

22  125, or in the case of municipalities and charter counties,

23  part II of chapter 166. Proceeds of bonds issued by such

24  entity may be loaned to counties or municipalities of this

25  state or a combination of municipalities and counties, whether

26  or not such counties or municipalities are also members of the

27  entity issuing the bonds.  The issuance of bonds by such

28  entity to fund a loan program to make loans to municipalities

29  or counties or a combination of municipalities and counties

30  with one another for capital projects to be identified

31  subsequent to the issuance of the bonds to fund such loan

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  programs is deemed to be a paramount public purpose.  Any

 2  entity so created may also issue bond anticipation notes, as

 3  provided by s. 215.431, in connection with the authorization,

 4  issuance, and sale of such bonds.  In addition, the governing

 5  body of such legal entity may also authorize bonds to be

 6  issued and sold from time to time and may delegate, to such

 7  officer, official, or agent of such legal entity as the

 8  governing body of such legal entity may select, the power to

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

10  maturities; rate or rates of interest, which may be fixed or

11  may vary at such time or times and in accordance with a

12  specified formula or method of determination; and other terms

13  and conditions as may be deemed appropriate by the officer,

14  official, or agent so designated by the governing body of such

15  legal entity.  However, the amounts and maturities of such

16  bonds and the interest rate or rates of such bonds shall be

17  within the limits prescribed by the governing body of such

18  legal entity and its resolution delegating to such officer,

19  official, or agent the power to authorize the issuance and

20  sale of such bonds.  A local government self-insurance fund

21  established under this section may financially guarantee bonds

22  or bond anticipation notes issued or loans made under this

23  subsection.  Bonds issued pursuant to this paragraph may be

24  validated as provided in chapter 75.  The complaint in any

25  action to validate such bonds shall be filed only in the

26  Circuit Court for Leon County.  The notice required to be

27  published by s. 75.06 shall be published only in Leon County,

28  and the complaint and order of the circuit court shall be

29  served only on the State Attorney of the Second Judicial

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

31  county where the public agencies which were initially a party

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                                                   HOUSE AMENDMENT

    502-192AX-32          Bill No. CS for CS for SB 1566, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  to the agreement are located. Notice of such proceedings shall

 2  be published in the manner and the time required by s. 75.06

 3  in Leon County and in each county where the public agencies

 4  which were initially a party to the agreement are located.

 5  Obligations of any county or municipality pursuant to a loan

 6  agreement as described in this paragraph may be validated as

 7  provided in chapter 75.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 169, line 28, after the semicolon,

13

14  insert:

15         creating s. 163.055, F.S.; creating the Local

16         Government Financial Technical Assistance

17         Program; providing legislative findings and

18         declaration; requiring the Comptroller to enter

19         into certain contracts; providing for review of

20         contract proposals; providing for fiscal

21         oversight by the Comptroller; providing for an

22         annual performance review; providing for a

23         report; amending s. 163.01, F.S.; allowing

24         local government self-insurance reserves to be

25         used to guarantee local government obligations

26         under certain circumstances;

27

28

29

30

31

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