Florida Senate - 2021                      CS for CS for SB 1274
       
       
        
       By the Committees on Rules; and Community Affairs; and Senator
       Perry
       
       
       
       
       595-04557-21                                          20211274c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.01, F.S.; providing an exception to a prohibition
    4         against legal entities and their members exercising
    5         the power of eminent domain over or acquiring title to
    6         certain facilities or property; amending s. 163.3167,
    7         F.S.; authorizing landowners with development orders
    8         existing before the incorporation of a municipality to
    9         elect to abandon such orders and develop the vested
   10         density and intensity contained therein under
   11         specified conditions; amending s. 163.3187, F.S.;
   12         revising the required acreage thresholds under which a
   13         small scale development amendment may be adopted;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (g) of subsection (7) of section
   19  163.01, Florida Statutes, is amended to read:
   20         163.01 Florida Interlocal Cooperation Act of 1969.—
   21         (7)
   22         (g)1. Notwithstanding any other provisions of this section,
   23  any separate legal entity created under this section, the
   24  membership of which is limited to municipalities and counties of
   25  the state, and which may include a special district in addition
   26  to a municipality or county or both, may acquire, own,
   27  construct, improve, operate, and manage public facilities, or
   28  finance facilities on behalf of any person, relating to a
   29  governmental function or purpose, including, but not limited to,
   30  wastewater facilities, water or alternative water supply
   31  facilities, and water reuse facilities, which may serve
   32  populations within or outside of the members of the entity.
   33  Notwithstanding s. 367.171(7), any separate legal entity created
   34  under this paragraph is not subject to Public Service Commission
   35  jurisdiction. The separate legal entity may not provide utility
   36  services within the service area of an existing utility system
   37  unless it has received the consent of the utility.
   38         2. For purposes of this paragraph, the term:
   39         a. “Host government” means the governing body of the
   40  county, if the largest number of equivalent residential
   41  connections currently served by a system of the utility is
   42  located in the unincorporated area, or the governing body of a
   43  municipality, if the largest number of equivalent residential
   44  connections currently served by a system of the utility is
   45  located within that municipality’s boundaries.
   46         b. “Separate legal entity” means any entity created by
   47  interlocal agreement the membership of which is limited to two
   48  or more special districts, municipalities, or counties of the
   49  state, but which entity is legally separate and apart from any
   50  of its member governments.
   51         c. “System” means a water or wastewater facility or group
   52  of such facilities owned by one entity or affiliate entities.
   53         d. “Utility” means a water or wastewater utility and
   54  includes every person, separate legal entity, lessee, trustee,
   55  or receiver owning, operating, managing, or controlling a
   56  system, or proposing construction of a system, who is providing,
   57  or proposes to provide, water or wastewater service to the
   58  public for compensation.
   59         3. A separate legal entity that seeks to acquire any
   60  utility shall notify the host government in writing by certified
   61  mail about the contemplated acquisition not less than 30 days
   62  before any proposed transfer of ownership, use, or possession of
   63  any utility assets by such separate legal entity. The potential
   64  acquisition notice shall be provided to the legislative head of
   65  the governing body of the host government and to its chief
   66  administrative officer and shall provide the name and address of
   67  a contact person for the separate legal entity and information
   68  identified in s. 367.071(4)(a) concerning the contemplated
   69  acquisition.
   70         4.a. Within 30 days following receipt of the notice, the
   71  host government may adopt a resolution to become a member of the
   72  separate legal entity, adopt a resolution to approve the utility
   73  acquisition, or adopt a resolution to prohibit the utility
   74  acquisition by the separate legal entity if the host government
   75  determines that the proposed acquisition is not in the public
   76  interest. A resolution adopted by the host government which
   77  prohibits the acquisition may include conditions that would make
   78  the proposal acceptable to the host government.
   79         b. If a host government adopts a membership resolution, the
   80  separate legal entity shall accept the host government as a
   81  member on the same basis as its existing members before any
   82  transfer of ownership, use, or possession of the utility or the
   83  utility facilities. If a host government adopts a resolution to
   84  approve the utility acquisition, the separate legal entity may
   85  complete the acquisition. If a host government adopts a
   86  prohibition resolution, the separate legal entity may not
   87  acquire the utility within that host government’s territory
   88  without the specific consent of the host government by future
   89  resolution. If a host government does not adopt a prohibition
   90  resolution or an approval resolution, the separate legal entity
   91  may proceed to acquire the utility after the 30-day notice
   92  period without further notice.
   93         5. After the acquisition or construction of any utility
   94  systems by a separate legal entity created under this paragraph,
   95  revenues or any other income may not be transferred or paid to a
   96  member of a separate legal entity, or to any other special
   97  district, county, or municipality, from user fees or other
   98  charges or revenues generated from customers that are not
   99  physically located within the jurisdictional or service delivery
  100  boundaries of the member, special district, county, or
  101  municipality receiving the transfer or payment. Any transfer or
  102  payment to a member, special district, or other local government
  103  must be solely from user fees or other charges or revenues
  104  generated from customers that are physically located within the
  105  jurisdictional or service delivery boundaries of the member,
  106  special district, or local government receiving the transfer of
  107  payment.
  108         6. This section is an alternative provision otherwise
  109  provided by law as authorized in s. 4, Art. VIII of the State
  110  Constitution for any transfer of power as a result of an
  111  acquisition of a utility by a separate legal entity from a
  112  municipality, county, or special district.
  113         7. The entity may finance or refinance the acquisition,
  114  construction, expansion, and improvement of such facilities
  115  relating to a governmental function or purpose through the
  116  issuance of its bonds, notes, or other obligations under this
  117  section or as otherwise authorized by law. The entity has all
  118  the powers provided by the interlocal agreement under which it
  119  is created or which are necessary to finance, own, operate, or
  120  manage the public facility, including, without limitation, the
  121  power to establish rates, charges, and fees for products or
  122  services provided by it, the power to levy special assessments,
  123  the power to sell or finance all or a portion of such facility,
  124  and the power to contract with a public or private entity to
  125  manage and operate such facilities or to provide or receive
  126  facilities, services, or products. Except as may be limited by
  127  the interlocal agreement under which the entity is created, all
  128  of the privileges, benefits, powers, and terms of s. 125.01,
  129  relating to counties, and s. 166.021, relating to
  130  municipalities, are fully applicable to the entity. However,
  131  neither the entity nor any of its members on behalf of the
  132  entity may exercise the power of eminent domain over the
  133  facilities or property of any existing water or wastewater plant
  134  utility system, nor may the entity acquire title to any water or
  135  wastewater plant utility facilities, other facilities, or
  136  property which was acquired by the use of eminent domain after
  137  the effective date of this act, unless 10 or more years have
  138  elapsed since the date of the acquisition by eminent domain.
  139  Bonds, notes, and other obligations issued by the entity are
  140  issued on behalf of the public agencies that are members of the
  141  entity.
  142         8. Any entity created under this section may also issue
  143  bond anticipation notes in connection with the authorization,
  144  issuance, and sale of bonds. The bonds may be issued as serial
  145  bonds or as term bonds or both. Any entity may issue capital
  146  appreciation bonds or variable rate bonds. Any bonds, notes, or
  147  other obligations must be authorized by resolution of the
  148  governing body of the entity and bear the date or dates; mature
  149  at the time or times, not exceeding 40 years from their
  150  respective dates; bear interest at the rate or rates; be payable
  151  at the time or times; be in the denomination; be in the form;
  152  carry the registration privileges; be executed in the manner; be
  153  payable from the sources and in the medium or payment and at the
  154  place; and be subject to the terms of redemption, including
  155  redemption prior to maturity, as the resolution may provide. If
  156  any officer whose signature, or a facsimile of whose signature,
  157  appears on any bonds, notes, or other obligations ceases to be
  158  an officer before the delivery of the bonds, notes, or other
  159  obligations, the signature or facsimile is valid and sufficient
  160  for all purposes as if he or she had remained in office until
  161  the delivery. The bonds, notes, or other obligations may be sold
  162  at public or private sale for such price as the governing body
  163  of the entity shall determine. Pending preparation of the
  164  definitive bonds, the entity may issue interim certificates,
  165  which shall be exchanged for the definitive bonds. The bonds may
  166  be secured by a form of credit enhancement, if any, as the
  167  entity deems appropriate. The bonds may be secured by an
  168  indenture of trust or trust agreement. In addition, the
  169  governing body of the legal entity may delegate, to an officer,
  170  official, or agent of the legal entity as the governing body of
  171  the legal entity may select, the power to determine the time;
  172  manner of sale, public or private; maturities; rate of interest,
  173  which may be fixed or may vary at the time and in accordance
  174  with a specified formula or method of determination; and other
  175  terms and conditions as may be deemed appropriate by the
  176  officer, official, or agent so designated by the governing body
  177  of the legal entity. However, the amount and maturity of the
  178  bonds, notes, or other obligations and the interest rate of the
  179  bonds, notes, or other obligations must be within the limits
  180  prescribed by the governing body of the legal entity and its
  181  resolution delegating to an officer, official, or agent the
  182  power to authorize the issuance and sale of the bonds, notes, or
  183  other obligations.
  184         9. Bonds, notes, or other obligations issued under this
  185  paragraph may be validated as provided in chapter 75. The
  186  complaint in any action to validate the bonds, notes, or other
  187  obligations must be filed only in the Circuit Court for Leon
  188  County. The notice required to be published by s. 75.06 must be
  189  published in Leon County and in each county that is a member of
  190  the entity issuing the bonds, notes, or other obligations, or in
  191  which a member of the entity is located, and the complaint and
  192  order of the circuit court must be served only on the State
  193  Attorney of the Second Judicial Circuit and on the state
  194  attorney of each circuit in each county that is a member of the
  195  entity issuing the bonds, notes, or other obligations or in
  196  which a member of the entity is located. Section 75.04(2) does
  197  not apply to a complaint for validation brought by the legal
  198  entity.
  199         10. The accomplishment of the authorized purposes of a
  200  legal entity created under this paragraph is in all respects for
  201  the benefit of the people of the state, for the increase of
  202  their commerce and prosperity, and for the improvement of their
  203  health and living conditions. Since the legal entity will
  204  perform essential governmental functions for the public health,
  205  safety, and welfare in accomplishing its purposes, the legal
  206  entity is not required to pay any taxes or assessments of any
  207  kind whatsoever upon any property acquired or used by it for
  208  such purposes or upon any revenues at any time received by it,
  209  whether the property is within or outside the jurisdiction of
  210  members of the entity. The exemption provided in this paragraph
  211  applies regardless of whether the separate legal entity enters
  212  into agreements with private firms or entities to manage,
  213  operate, or improve the utilities owned by the separate legal
  214  entity. The bonds, notes, and other obligations of an entity,
  215  their transfer, and the income therefrom, including any profits
  216  made on the sale thereof, are at all times free from taxation of
  217  any kind by the state or by any political subdivision or other
  218  agency or instrumentality thereof. The exemption granted in this
  219  subparagraph is not applicable to any tax imposed by chapter 220
  220  on interest, income, or profits on debt obligations owned by
  221  corporations.
  222         Section 2. Subsection (5) of section 163.3167, Florida
  223  Statutes, is amended to read:
  224         163.3167 Scope of act.—
  225         (5) Nothing in this act shall limit or modify the rights of
  226  any person to complete any development that has been authorized
  227  as a development of regional impact pursuant to chapter 380 or
  228  who has been issued a final local development order and
  229  development has commenced and is continuing in good faith. Any
  230  landowner with a development order existing before the
  231  incorporation of a municipality may elect to abandon the
  232  development order and develop the vested density and intensity
  233  contained therein pursuant to the municipality’s comprehensive
  234  plan and land development regulations adopted pursuant to
  235  subsection (3) so long as the vested uses, density, and
  236  intensity are consistent with the municipality’s comprehensive
  237  plan and all existing obligations in the development order
  238  regarding concurrency remain.
  239         Section 3. Subsections (1) and (3) of section 163.3187,
  240  Florida Statutes, are amended to read:
  241         163.3187 Process for adoption of small scale small-scale
  242  comprehensive plan amendment.—
  243         (1) A small scale development amendment may be adopted
  244  under the following conditions:
  245         (a) The proposed amendment involves a use of 50 10 acres or
  246  fewer. and:
  247         (b) The proposed amendment does not involve a text change
  248  to the goals, policies, and objectives of the local government’s
  249  comprehensive plan, but only proposes a land use change to the
  250  future land use map for a site-specific small scale development
  251  activity. However, text changes that relate directly to, and are
  252  adopted simultaneously with, the small scale future land use map
  253  amendment shall be permissible under this section.
  254         (c) The property that is the subject of the proposed
  255  amendment is not located within an area of critical state
  256  concern, unless the project subject to the proposed amendment
  257  involves the construction of affordable housing units meeting
  258  the criteria of s. 420.0004(3), and is located within an area of
  259  critical state concern designated by s. 380.0552 or by the
  260  Administration Commission pursuant to s. 380.05(1).
  261         (3) If the small scale development amendment involves a
  262  site within a rural area of opportunity as defined under s.
  263  288.0656(2)(d) for the duration of such designation, the acreage
  264  10-acre limit listed in subsection (1) shall be increased by 100
  265  percent to 20 acres. The local government approving the small
  266  scale plan amendment shall certify to the state land planning
  267  agency that the plan amendment furthers the economic objectives
  268  set forth in the executive order issued under s. 288.0656(7),
  269  and the property subject to the plan amendment shall undergo
  270  public review to ensure that all concurrency requirements and
  271  federal, state, and local environmental permit requirements are
  272  met.
  273         Section 4. This act shall take effect July 1, 2021.