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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Meek moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 12, between lines 25 and 26,

15         Section 8.  Section 163.055, Florida Statutes, is

16  created to read:

17         163.055  Local Government Financial Technical

18  Assistance Program.--

19         (1)  Among municipalities and special districts, the

20  Legislature finds that:

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

22  and almost 1,000 special districts statewide.

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

24  have a population under 5,000.

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

26  additional funding demands on all municipalities and special

27  districts.

28         (d)  State government lacks the specific technical

29  expertise or resources to effectively perform ongoing

30  educational support and financial emergency detection or

31  assistance.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  Legislature declares that:

 3         (a)  The fiscal challenges confronting various

 4  municipalities and special districts require an investment

 5  that will facilitate efforts to improve the productivity and

 6  efficiency of their financial structures and operating

 7  procedures.

 8         (b)  Current and additional revenue enhancements

 9  authorized by the Legislature should be managed and

10  administered using appropriate management practices and

11  expertise.

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

13  technical assistance to municipalities and special districts

14  to enable them to implement workable solutions to financially

15  related problems.

16         (4)  The Comptroller shall enter into contracts with

17  program providers who shall:

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

19  corporation, association, or entity.

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

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

22  or the private sector.

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

24  source.

25         (d)  Annually submit information to assist the

26  Legislative Committee on Intergovernmental Relations in

27  preparing a performance review that will include a analysis of

28  the effectiveness of the program.

29         (e)  Assist municipalities and independent special

30  districts in developing alternative revenue sources.

31         (f)  Provide for an annual independent financial audit

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  of the program, if the program receives funding.

 2         (g)  Provide assistance to municipalities and special

 3  districts in the areas of financial management, accounting,

 4  investing, budgeting, and debt issuance.

 5         (h)  Develop a needs assessment to determine where

 6  assistance should be targeted, and to establish a priority

 7  system to deliver assistance to those jurisdictions most in

 8  need through the most economical means available.

 9         (i)  Provide financial emergency assistance upon

10  direction from the Office of the Governor pursuant to s.

11  218.503.

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

13  proposals to provide assistance to municipalities and special

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

15  Committee on Intergovernmental Relations shall assist in the

16  preparation of the request for proposals.

17         (b)  The Comptroller shall review each contract

18  proposal submitted.

19         (c)  The Legislative Committee on Intergovernmental

20  Relations shall review each contract proposal and submit to

21  the Comptroller, in writing, advisory comments and

22  recommendations, citing with specificity the reasons for its

23  recommendations.

24         (d)  The Comptroller and the Legislative Committee on

25  Intergovernmental Relations shall consider the following

26  factors in reviewing contract proposals:

27         1.  The demonstrated capacity of the provider to

28  conduct needs assessments and implement the program as

29  proposed.

30         2.  The number of municipalities and special districts

31  to be served under the proposal.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  budget.

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

 4  assistance to municipalities and special districts.

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

 6  services, and information that are available from state and

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

 8  used by the provider under the contract.

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

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

11  copy provided to the Legislative Committee on

12  Intergovernmental Relations.

13         (7)  The Comptroller may enter into contracts and

14  agreements with other state and local agencies and with any

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

16  program providers, for the purpose of administering this

17  section.

18         (8)  The Comptroller shall provide fiscal oversight to

19  ensure that funds expended for the program are used in

20  accordance with the contracts entered into pursuant to

21  subsection (4).

22         (9)  The Legislative Committee on Intergovernmental

23  Relations shall annually conduct a performance review of the

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

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

26  the Speaker of the House of Representatives, and the

27  Comptroller by January 15 of each year.

28         Section 9.  Paragraph (d) of subsection (7) of section

29  163.01, Florida Statutes, is amended to read:

30         163.01  Florida Interlocal Cooperation Act of 1969.--

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  section and controlled by the municipalities or counties of

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

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

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

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

 7  of financing or refinancing any capital projects, exercise all

 8  powers in connection with the authorization, issuance, and

 9  sale of bonds. Notwithstanding any limitations provided in

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

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

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

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

14  behalf of the counties or municipalities which enter into loan

15  agreements with such entity as provided in this paragraph.

16  Any loan agreement executed pursuant to a program of such

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

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

19  125, or in the case of municipalities and charter counties,

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

21  entity may be loaned to counties or municipalities of this

22  state or a combination of municipalities and counties, whether

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

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

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

26  or counties or a combination of municipalities and counties

27  with one another for capital projects to be identified

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

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

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

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

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

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

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

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

 9  specified formula or method of determination; and other terms

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

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

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

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

14  within the limits prescribed by the governing body of such

15  legal entity and its resolution delegating to such officer,

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

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

18  established under this section may financially guarantee bonds

19  or bond anticipation notes issued or loans made under this

20  subsection.  Bonds issued pursuant to this paragraph may be

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

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

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

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

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

26  served only on the State Attorney of the Second Judicial

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

28  county where the public agencies which were initially a party

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





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

 2  Obligations of any county or municipality pursuant to a loan

 3  agreement as described in this paragraph may be validated as

 4  provided in chapter 75.

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 6  (Redesignate subsequent sections.)

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 8

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

10  And the title is amended as follows:

11         On page 1, lines 2 and 3, delete those lines

12

13  and insert:

14         An act relating to local governmental entities;

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; amending s.

27         125.69, F.S.;

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