House Bill hb1297

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




    Florida House of Representatives - 2002                HB 1297

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act relating to intergovernmental programs;

  3         amending s. 163.01, F.S.; prohibiting legal

  4         entities created under the Florida Interlocal

  5         Cooperation Act of 1969 from acquiring water

  6         utility facilities beyond the member entities'

  7         territorial limits; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraph (g) of subsection (7) of section

13  163.01, Florida Statutes, is amended to read:

14         163.01  Florida Interlocal Cooperation Act of 1969.--

15         (7)

16         (g)1.  Notwithstanding any other provisions of this

17  section, any separate legal entity created under this section,

18  the membership of which is limited to municipalities and

19  counties of the state, may acquire, own, construct, improve,

20  operate, and manage public facilities relating to a

21  governmental function or purpose, including, but not limited

22  to, wastewater facilities, water or alternative water supply

23  facilities, and water reuse facilities, which may serve

24  populations within but not or outside of the territorial

25  limits of the members of the entity. Notwithstanding s.

26  367.171(7), any separate legal entity created under this

27  paragraph is not subject to commission jurisdiction and may

28  not provide utility services within the service area of an

29  existing utility system unless it has received the consent of

30  the utility. The entity may finance or refinance the

31  acquisition, construction, expansion, and improvement of the

                                  1

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






    Florida House of Representatives - 2002                HB 1297

    743-114-02






  1  public facility through the issuance of its bonds, notes, or

  2  other obligations under this section. The entity has all the

  3  powers provided by the interlocal agreement under which it is

  4  created or which are necessary to own, operate, or manage the

  5  public facility, including, without limitation, the power to

  6  establish rates, charges, and fees for products or services

  7  provided by it, the power to levy special assessments, the

  8  power to sell all or a portion of its facility, and the power

  9  to contract with a public or private entity to manage and

10  operate its facilities or to provide or receive services or

11  products. Except as may be limited by the interlocal agreement

12  under which the entity is created, all of the privileges,

13  benefits, powers, and terms of s. 125.01, relating to

14  counties, and s. 166.021, relating to municipalities, are

15  fully applicable to the entity. However, neither the entity

16  nor any of its members on behalf of the entity may exercise

17  the power of eminent domain over the facilities or property of

18  any existing water or wastewater plant utility system, nor may

19  the entity acquire title to any water or wastewater plant

20  utility facilities or property which was acquired by the use

21  of eminent domain after the effective date of this act. Bonds,

22  notes, and other obligations issued by the entity are issued

23  on behalf of the public agencies that are members of the

24  entity.

25         2.  Any entity created under this section may also

26  issue bond anticipation notes in connection with the

27  authorization, issuance, and sale of bonds. The bonds may be

28  issued as serial bonds or as term bonds or both. Any entity

29  may issue capital appreciation bonds or variable rate bonds.

30  Any bonds, notes, or other obligations must be authorized by

31  resolution of the governing body of the entity and bear the

                                  2

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






    Florida House of Representatives - 2002                HB 1297

    743-114-02






  1  date or dates; mature at the time or times, not exceeding 40

  2  years from their respective dates; bear interest at the rate

  3  or rates; be payable at the time or times; be in the

  4  denomination; be in the form; carry the registration

  5  privileges; be executed in the manner; be payable from the

  6  sources and in the medium or payment and at the place; and be

  7  subject to the terms of redemption, including redemption prior

  8  to maturity, as the resolution may provide. If any officer

  9  whose signature, or a facsimile of whose signature, appears on

10  any bonds, notes, or other obligations ceases to be an officer

11  before the delivery of the bonds, notes, or other obligations,

12  the signature or facsimile is valid and sufficient for all

13  purposes as if he or she had remained in office until the

14  delivery. The bonds, notes, or other obligations may be sold

15  at public or private sale for such price as the governing body

16  of the entity shall determine. Pending preparation of the

17  definitive bonds, the entity may issue interim certificates,

18  which shall be exchanged for the definitive bonds. The bonds

19  may be secured by a form of credit enhancement, if any, as the

20  entity deems appropriate. The bonds may be secured by an

21  indenture of trust or trust agreement. In addition, the

22  governing body of the legal entity may delegate, to an

23  officer, official, or agent of the legal entity as the

24  governing body of the legal entity may select, the power to

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

26  maturities; rate of interest, which may be fixed or may vary

27  at the time and in accordance with a specified formula or

28  method of determination; and other terms and conditions as may

29  be deemed appropriate by the officer, official, or agent so

30  designated by the governing body of the legal entity. However,

31  the amount and maturity of the bonds, notes, or other

                                  3

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






    Florida House of Representatives - 2002                HB 1297

    743-114-02






  1  obligations and the interest rate of the bonds, notes, or

  2  other obligations must be within the limits prescribed by the

  3  governing body of the legal entity and its resolution

  4  delegating to an officer, official, or agent the power to

  5  authorize the issuance and sale of the bonds, notes, or other

  6  obligations.

  7         3.  Bonds, notes, or other obligations issued under

  8  subparagraph 1. may be validated as provided in chapter 75.

  9  The complaint in any action to validate the bonds, notes, or

10  other obligations must be filed only in the Circuit Court for

11  Leon County. The notice required to be published by s. 75.06

12  must be published in Leon County and in each county that is a

13  member of the entity issuing the bonds, notes, or other

14  obligations, or in which a member of the entity is located,

15  and the complaint and order of the circuit court must be

16  served only on the State Attorney of the Second Judicial

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

18  county that is a member of the entity issuing the bonds,

19  notes, or other obligations or in which a member of the entity

20  is located. Section 75.04(2) does not apply to a complaint for

21  validation brought by the legal entity.

22         4.  The accomplishment of the authorized purposes of a

23  legal entity created under this paragraph is in all respects

24  for the benefit of the people of the state, for the increase

25  of their commerce and prosperity, and for the improvement of

26  their health and living conditions. Since the legal entity

27  will perform essential governmental functions in accomplishing

28  its purposes, the legal entity is not required to pay any

29  taxes or assessments of any kind whatsoever upon any property

30  acquired or used by it for such purposes or upon any revenues

31  at any time received by it. The bonds, notes, and other

                                  4

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






    Florida House of Representatives - 2002                HB 1297

    743-114-02






  1  obligations of an entity, their transfer and the income

  2  therefrom, including any profits made on the sale thereof, are

  3  at all times free from taxation of any kind by the state or by

  4  any political subdivision or other agency or instrumentality

  5  thereof. The exemption granted in this subparagraph is not

  6  applicable to any tax imposed by chapter 220 on interest,

  7  income, or profits on debt obligations owned by corporations.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Prohibits legal entities created by interlocal agreement
14    from acquiring water utility facilities beyond the member
      entities' territorial limits.
15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5

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