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Amendment No. 5 - PCS for CS/HB 203 (Commerce Committee, 2020)

Summary

Amendment No. 5 to PCS for CS/HB 203 (2020), offered by Representative Santiago for the Commerce Committee, an amendment with title amendment. It inserts Section 1, amending paragraph (g) of subsection (7) of section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, on a separate legal entity created under that section that may acquire, own, construct, improve, operate and manage public facilities, including wastewater and water facilities. The inserted text states that such an entity is not subject to Public Service Commission jurisdiction. The title amendment refers to a condition under which certain entities may acquire title to water or wastewater plant utility facilities previously acquired by eminent domain.

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“Amendment No. 5 - PCS for CS/HB 203 (Commerce Committee, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-2994-commerce-committee-proposed-committee-bill-amendments-fn-pcs-5ab9e0d4eb/, SHA-256 f42e01a137ec2d4d8689d72547a0fb988b4c5ca02e1fef8fcaad5947a2fe22bd.

Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 203     (2020)
       Amendment No. 5




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:     Commerce Committee
2      Representative Santiago offered the following:
3
4           Amendment (with title amendment)
5           Between lines 24 and 25, insert:
6           Section 1.     Paragraph (g) of subsection (7) of section
7      163.01, Florida Statutes, is amended to read:
8           163.01    Florida Interlocal Cooperation Act of 1969.—
9           (7)
10          (g)1.    Notwithstanding any other provisions of this
11     section, any separate legal entity created under this section,
12     the membership of which is limited to municipalities and
13     counties of the state, and which may include a special district
14     in addition to a municipality or county or both, may acquire,
15     own, construct, improve, operate, and manage public facilities,
16     or finance facilities on behalf of any person, relating to a
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17     governmental function or purpose, including, but not limited to,
18     wastewater facilities, water or alternative water supply
19     facilities, and water reuse facilities, which may serve
20     populations within or outside of the members of the entity.
21     Notwithstanding s. 367.171(7), any separate legal entity created
22     under this paragraph is not subject to Public Service Commission
23     jurisdiction. The separate legal entity may not provide utility
24     services within the service area of an existing utility system
25     unless it has received the consent of the utility.
26          2.   For purposes of this paragraph, the term:
27          a.   "Host government" means the governing body of the
28     county, if the largest number of equivalent residential
29     connections currently served by a system of the utility is
30     located in the unincorporated area, or the governing body of a
31     municipality, if the largest number of equivalent residential
32     connections currently served by a system of the utility is
33     located within that municipality's boundaries.
34          b.   "Separate legal entity" means any entity created by
35     interlocal agreement the membership of which is limited to two
36     or more special districts, municipalities, or counties of the
37     state, but which entity is legally separate and apart from any
38     of its member governments.
39          c.   "System" means a water or wastewater facility or group
40     of such facilities owned by one entity or affiliate entities.


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41          d.     "Utility" means a water or wastewater utility and
42     includes every person, separate legal entity, lessee, trustee,
43     or receiver owning, operating, managing, or controlling a
44     system, or proposing construction of a system, who is providing,
45     or proposes to provide, water or wastewater service to the
46     public for compensation.
47          3.   A separate legal entity that seeks to acquire any
48     utility shall notify the host government in writing by certified
49     mail about the contemplated acquisition not less than 30 days
50     before any proposed transfer of ownership, use, or possession of
51     any utility assets by such separate legal entity. The potential
52     acquisition notice shall be provided to the legislative head of
53     the governing body of the host government and to its chief
54     administrative officer and shall provide the name and address of
55     a contact person for the separate legal entity and information
56     identified in s. 367.071(4)(a) concerning the contemplated
57     acquisition.
58          4.a.     Within 30 days following receipt of the notice, the
59     host government may adopt a resolution to become a member of the
60     separate legal entity, adopt a resolution to approve the utility
61     acquisition, or adopt a resolution to prohibit the utility
62     acquisition by the separate legal entity if the host government
63     determines that the proposed acquisition is not in the public
64     interest. A resolution adopted by the host government which


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65     prohibits the acquisition may include conditions that would make
66     the proposal acceptable to the host government.
67          b.   If a host government adopts a membership resolution,
68     the separate legal entity shall accept the host government as a
69     member on the same basis as its existing members before any
70     transfer of ownership, use, or possession of the utility or the
71     utility facilities. If a host government adopts a resolution to
72     approve the utility acquisition, the separate legal entity may
73     complete the acquisition. If a host government adopts a
74     prohibition resolution, the separate legal entity may not
75     acquire the utility within that host government's territory
76     without the specific consent of the host government by future
77     resolution. If a host government does not adopt a prohibition
78     resolution or an approval resolution, the separate legal entity
79     may proceed to acquire the utility after the 30-day notice
80     period without further notice.
81          5.   After the acquisition or construction of any utility
82     systems by a separate legal entity created under this paragraph,
83     revenues or any other income may not be transferred or paid to a
84     member of a separate legal entity, or to any other special
85     district, county, or municipality, from user fees or other
86     charges or revenues generated from customers that are not
87     physically located within the jurisdictional or service delivery
88     boundaries of the member, special district, county, or
89     municipality receiving the transfer or payment. Any transfer or
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90      payment to a member, special district, or other local government
91      must be solely from user fees or other charges or revenues
92      generated from customers that are physically located within the
93      jurisdictional or service delivery boundaries of the member,
94      special district, or local government receiving the transfer of
95      payment.
96           6.    This section is an alternative provision otherwise
97      provided by law as authorized in s. 4, Art. VIII of the State
98      Constitution for any transfer of power as a result of an
99      acquisition of a utility by a separate legal entity from a
100     municipality, county, or special district.
101          7.    The entity may finance or refinance the acquisition,
102     construction, expansion, and improvement of such facilities
103     relating to a governmental function or purpose through the
104     issuance of its bonds, notes, or other obligations under this
105     section or as otherwise authorized by law. The entity has all
106     the powers provided by the interlocal agreement under which it
107     is created or which are necessary to finance, own, operate, or
108     manage the public facility, including, without limitation, the
109     power to establish rates, charges, and fees for products or
110     services provided by it, the power to levy special assessments,
111     the power to sell or finance all or a portion of such facility,
112     and the power to contract with a public or private entity to
113     manage and operate such facilities or to provide or receive
114     facilities, services, or products. Except as may be limited by
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115     the interlocal agreement under which the entity is created, all
116     of the privileges, benefits, powers, and terms of s. 125.01,
117     relating to counties, and s. 166.021, relating to
118     municipalities, are fully applicable to the entity. However,
119     neither the entity nor any of its members on behalf of the
120     entity may exercise the power of eminent domain over the
121     facilities or property of any existing water or wastewater plant
122     utility system, nor may the entity acquire title to any water or
123     wastewater plant utility facilities, other facilities, or
124     property which was acquired by the use of eminent domain after
125     the effective date of this act unless 10 or more years have
126     elapsed since the date of the acquisition by eminent domain.
127     Bonds, notes, and other obligations issued by the entity are
128     issued on behalf of the public agencies that are members of the
129     entity.
130          8.   Any entity created under this section may also issue
131     bond anticipation notes in connection with the authorization,
132     issuance, and sale of bonds. The bonds may be issued as serial
133     bonds or as term bonds or both. Any entity may issue capital
134     appreciation bonds or variable rate bonds. Any bonds, notes, or
135     other obligations must be authorized by resolution of the
136     governing body of the entity and bear the date or dates; mature
137     at the time or times, not exceeding 40 years from their
138     respective dates; bear interest at the rate or rates; be payable
139     at the time or times; be in the denomination; be in the form;
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140     carry the registration privileges; be executed in the manner; be
141     payable from the sources and in the medium or payment and at the
142     place; and be subject to the terms of redemption, including
143     redemption prior to maturity, as the resolution may provide. If
144     any officer whose signature, or a facsimile of whose signature,
145     appears on any bonds, notes, or other obligations ceases to be
146     an officer before the delivery of the bonds, notes, or other
147     obligations, the signature or facsimile is valid and sufficient
148     for all purposes as if he or she had remained in office until
149     the delivery. The bonds, notes, or other obligations may be sold
150     at public or private sale for such price as the governing body
151     of the entity shall determine. Pending preparation of the
152     definitive bonds, the entity may issue interim certificates,
153     which shall be exchanged for the definitive bonds. The bonds may
154     be secured by a form of credit enhancement, if any, as the
155     entity deems appropriate. The bonds may be secured by an
156     indenture of trust or trust agreement. In addition, the
157     governing body of the legal entity may delegate, to an officer,
158     official, or agent of the legal entity as the governing body of
159     the legal entity may select, the power to determine the time;
160     manner of sale, public or private; maturities; rate of interest,
161     which may be fixed or may vary at the time and in accordance
162     with a specified formula or method of determination; and other
163     terms and conditions as may be deemed appropriate by the
164     officer, official, or agent so designated by the governing body
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165     of the legal entity. However, the amount and maturity of the
166     bonds, notes, or other obligations and the interest rate of the
167     bonds, notes, or other obligations must be within the limits
168     prescribed by the governing body of the legal entity and its
169     resolution delegating to an officer, official, or agent the
170     power to authorize the issuance and sale of the bonds, notes, or
171     other obligations.
172          9.    Bonds, notes, or other obligations issued under this
173     paragraph may be validated as provided in chapter 75. The
174     complaint in any action to validate the bonds, notes, or other
175     obligations must be filed only in the Circuit Court for Leon
176     County. The notice required to be published by s. 75.06 must be
177     published in Leon County and in each county that is a member of
178     the entity issuing the bonds, notes, or other obligations, or in
179     which a member of the entity is located, and the complaint and
180     order of the circuit court must be served only on the State
181     Attorney of the Second Judicial Circuit and on the state
182     attorney of each circuit in each county that is a member of the
183     entity issuing the bonds, notes, or other obligations or in
184     which a member of the entity is located. Section 75.04(2) does
185     not apply to a complaint for validation brought by the legal
186     entity.
187          10.    The accomplishment of the authorized purposes of a
188     legal entity created under this paragraph is in all respects for
189     the benefit of the people of the state, for the increase of
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190     their commerce and prosperity, and for the improvement of their
191     health and living conditions. Since the legal entity will
192     perform essential governmental functions for the public health,
193     safety, and welfare in accomplishing its purposes, the legal
194     entity is not required to pay any taxes or assessments of any
195     kind whatsoever upon any property acquired or used by it for
196     such purposes or upon any revenues at any time received by it,
197     whether the property is within or outside the jurisdiction of
198     members of the entity. The exemption provided in this paragraph
199     applies regardless of whether the separate legal entity enters
200     into agreements with private firms or entities to manage,
201     operate, or improve the utilities owned by the separate legal
202     entity. The bonds, notes, and other obligations of an entity,
203     their transfer, and the income therefrom, including any profits
204     made on the sale thereof, are at all times free from taxation of
205     any kind by the state or by any political subdivision or other
206     agency or instrumentality thereof. The exemption granted in this
207     subparagraph is not applicable to any tax imposed by chapter 220
208     on interest, income, or profits on debt obligations owned by
209     corporations.
210
211
212           -----------------------------------------------------
213                         T I T L E   A M E N D M E N T
214          Between lines 2 and 3, insert:
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215     163.01, F.S.; providing a condition under which certain entities
216     may acquire title to any water or wastewater plant utility
217     facilities, other facilities, or property, that were previously
218     acquired by eminent domain;




      PCS for CSHB 203 a5
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