403.1834 State bonds to finance or refinance
facilities; exemption from taxation. ---
(1) The issuance of state bonds to finance or refinance the
construction of water supply and distribution facilities, stormwater control
and treatment facilities, and air and water pollution control and abatement
and solid waste disposal facilities, payable primarily from the pledged
revenues provided for by s. 14, Art. VII of the State Constitution or from
such pledged revenues and the full faith and credit of any county,
municipality, district, authority, or any agency thereof, and pledging the
full faith and credit of the state as additional security, is authorized,
subject and pursuant to the provisions of s. 14, Art. VII of the State
Constitution, the provisions of the State Bond Act, ss. 215.57-215.83, as
amended, and the provisions of this section.
(2) The State Board of Administration is designated as the state
fiscal agency to make the determinations required by s. 14, Art. VII of the
State Constitution in connection with the issuance of such bonds.
(3) The amount of the state bonds to be issued shall be
determined by the Division of Bond Finance of the State Board of
Administration. However, the total principal amount issued shall not exceed
$300 million in any state fiscal year. This limitation does not apply to
bonds issued to refinance outstanding bonds that were issued pursuant to this
section in a previous fiscal year.
(4) The facilities to be financed or refinanced with the
proceeds of such state bonds shall be determined and approved by the
department and may be constructed, acquired, maintained, and operated by any
county, municipality, district, or authority, or any agency thereof, or by
the department.
(5) The department and the Division of Bond Finance of the State
Board of Administration are hereby authorized to enter into lease-purchase
agreements between such departments or to enter into lease-purchase
agreements or loan agreements between either of such departments and any
county, municipality, district, or authority, or any agency thereof, for such
periods and under such other terms and conditions as may be mutually agreed
upon by the parties thereto in order to carry out the purposes of s. 14, Art.
VII of the State Constitution and this section.
(6) The department shall have power to fix, establish, and
collect fees, rentals, or other charges for the use or benefit of said
facilities or may delegate such power to any county, municipality, district,
authority, or any agency thereof under such terms and conditions and for such
periods as may be mutually agreed upon.
(7) It is found and declared that said facilities will
constitute a public governmental purpose necessary for the health and welfare
of all the inhabitants of the state, and none of said facilities or said
state bonds or the interest thereon shall ever be subject to taxation by the
state or any political subdivision or agency thereof. However, a leasehold
interest in property of the state or the facilities thereon may not be
exempted from ad valorem taxation when a nongovernmental lessee uses such
property for the operation of a multipurpose hazardous waste treatment
facility. The exemption granted by this subsection shall not be applicable to
any tax imposed by chapter 220 on interest, income, or profits on debt
obligations owned by corporations.
(8) As used in this section, "water supply and distribution
facilities" means a waterworks system as defined in s. 159.02(9) which is
constructed, owned, or operated by a county, municipality, water management
district created by chapter 373, or regional water supply authority created
pursuant to chapter 373, or a water facility of an authority created by
chapter 76-441, Laws of Florida, as amended by chapter 80-546, Laws of
Florida.
History: ss. 1, 2, 3, 4, 5, 6, 7, ch. 70-270; s. 1, ch. 70-439; s. 2, ch.
71-137; s. 4, ch. 73-256; s. 14, ch. 73-327; s. 78, ch. 79-65; s. 1, ch.
81-21; s. 61, ch. 83-218; s. 19, ch. 86-186; s. 1, ch. 87-203; s. 82, ch.
88-130; s. 303, ch. 92-279; s. 55, ch. 92-326; s. 374, ch. 94-356.