159.29
Criteria and requirements.
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159.29 Criteria and requirements.—In undertaking any project pursuant to this part, a local agency shall be guided by and shall observe the following criteria and requirements; however, the determination of the local agency as to compliance with such criteria and requirements shall be final and conclusive:
(1) The project, in the determination of the local agency, is appropriate to the needs and circumstances of, and shall make a significant contribution to the economic growth of, the local agency in which it is to be located; shall provide or preserve gainful employment; shall protect the environment; or shall serve a public purpose by advancing the economic prosperity, the public health, or the general welfare of the state and its people as stated in s. 159.26.
(2) No financing agreement for a project shall be entered into with a party that is not financially responsible and fully capable and willing to fulfill its obligations under the financing agreement, including the obligations to make payments in the amounts and at the times required; to operate, repair, and maintain at its own expense the project leased; and to serve the purposes of this part and such other responsibilities as may be imposed under the financing agreement. In determining the financial responsibility of such party, consideration shall be given to the party’s ratio of current assets to current liabilities; net worth; earning trends; coverage of all fixed charges; the nature of the industry or activity involved; its inherent stability; any guarantee of the obligations by some other financially responsible corporation, firm, or person; and other factors determinative of the capability of the party, financially and otherwise, to fulfill its obligations consistently with the purposes of this part.
(3) The local agency in which the project is to be located will be able to cope satisfactorily with the impact of such project and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that will be necessary for the construction, operation, repair, and maintenance of the project and on account of any increases in population or other circumstances resulting therefrom.
(4) Adequate provision shall be made for the operation, repair, and maintenance of the project at the expense of the lessee and for the payment of principal of and interest on the bonds.
(5) The costs to be paid from the proceeds of the bonds shall be costs of a project within the meaning of this part, or, when applicable, part III or part V of this chapter, except for payments included in the purposes for which revenue refunding bonds may be issued under this part.
History.—s. 5, ch. 69-104; s. 4, ch. 80-287.
Notes of Decisions
Cited in 7
cases, 1971–1985 · leading case: State v. City of Riviera Beach
State v. City of Riviera Beach (1981)
“In the opinion validating the bonds, we said: Fla. Stat. § 159.29 , F.S.A. provides that the determination of the local agency as to compliance with the criteria of that section shall be final and conclusive.”
State v. Broward County (1985)
“§ 159.29(2), Fla. Stat. (1983). [*] Passage of the Tax Reform Act of 1984, part of Pub.”
State v. Leon County, Fla. (1982)
“The trial court confirmed and validated the bonds, finding, among other things, that the resolution had been properly adopted, that the bonds would not constitute a public debt, that the criteria set out in section 159.29 had been met, and that the project would serve a…”
State v. County of Dade (1971)
“In fact, § 159.29 provides that such determination by the local agency as to compliance with such criteria and requirements of the Act shall be final and conclusive.”
INTERN. BROTH. v. Jacksonville Port Auth. (1982)
“See § 159.29, Fla. Stat. (1981). The appellant also questions the necessity or propriety, under section 159.”
State v. Jacksonville Port Authority (1972)
“As required by Fla.Stat. § 159.29, F.S.A., the resolution also determined: (1) that the project would make a significant contribution to the economic growth of the community, would provide gainful employment and would serve a public purpose by advancing the economic prosperity…”
Harris v. Dade County (1985)
“Pursuant to Section 159.29, Florida Statutes, no financing agreement for a project shall be entered into with a party that is not financially responsible and fully capable and willing to fulfill its obligations under the financing agreement.”
— 159.29(1) — 1 case
State v. County of Dade (1971)
“In fact, § 159.29 provides that such determination by the local agency as to compliance with such criteria and requirements of the Act shall be final and conclusive.”
— 159.29(2) — 1 case
State v. Broward County (1985)
“§ 159.29(2), Fla. Stat. (1983). [*] Passage of the Tax Reform Act of 1984, part of Pub.”
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