Current through the 2024 Legislative Session
Section 159.8051 - [Effective 1/1/2025] Procedures for requesting state volume limitation; requirements; prohibitions(1) Before the issuance of any private activity bond by or on behalf of any issuer, such issuer shall request and obtain an allocation of a portion of the state volume limitation from the division through the issuance of a confirmation, except for private activity bonds issued by the corporation pursuant to s. 159.8062(2)(b) from the initial allocation of state volume limitation made by s. 159.8041(2)(b). Such request must be made through a notice of intent to issue containing the information required in this section timely filed with the division in accordance with s. 159.814 by or on behalf of the issuer requesting the confirmation. Any notice of intent to issue that does not conform to this section is not eligible to receive a confirmation and must be rejected.(2) Each notice of intent to issue must include the following information: (a) The name of the issuer requesting the allocation.(b) The name and contact information of the person submitting the notice of intent to issue.(c) The amount of state volume limitation requested.(d) A description of the project and the type of qualified bond, as such term is defined in s. 141(e) of the Code, including the type of exempt facility, as described in s. 142(a) of the Code, if applicable, which will be issued to finance the project.(e) The county or counties in which the project will be located.(f) The pool from which the allocation is requested.(g) The governmental unit that provided any required TEFRA approval, and a certification that, if required, TEFRA approval has been obtained. A notice of intent to issue may not be filed until any required TEFRA approval has been obtained.(h) The fee required by s. 159.811.(i) An opinion or statement of counsel that the project to be financed may be financed with private activity bonds and that an allocation of state volume limitation is required to issue such bonds.(3) A separate notice of intent to issue must be filed for each proposed issuance of private activity bonds. A notice of intent to issue may not request an allocation of state volume limitation for more than one project or more than one purpose. An issuer may not request an allocation of state volume limitation from multiple pools in a single notice of intent to issue.Added by 2024 Fla. Laws, ch. 220,s 7, eff. 1/1/2025.