19A-4.005. Notice of Intent to Issue Bonds and Request for Written Confirmation

(1) Two originally executed copies of Form BF 2006 shall be filed with the Division to obtain Confirmation of an allocation of the Private Activity Bond Limit imposed on the state. This form shall be entitled “Notice of Intent to Issue Bonds and Request for Written Confirmation.” In addition to a certification that elected official or voter approval required by section 147(f) of the Code has been obtained and a statement of the amount of Private Activity Bonds proposed to be issued (as required by Section 159.805(1), F.S.), the following information shall be submitted to the Division in part I of Form BF 2006:

(a) The current date;

(b) Whether the bonds will finance a Priority Project;

(c) Whether the Notice is a Supplementary Notice;

(d) The Division Serial No. of the prior Notice, if any;

(e) The name, address and telephone number of the person who prepared the Notice (and to whom the Confirmation or rejection will be sent);

(f) The name of the issuing Agency;

(g) The name of the company, if any, which will benefit from or use the proceeds of the bonds;

(h) The date the approval required by section 147(f) of the Code was given;

(i) The purpose of the bonds, including the name of the project (if known);

(j) The contemplated date(s) of issuance of the bonds;

(k) The name of the Approving Authority;

(l) The name and title of the official of the Agency executing the Notice; and

(m) The signature of such official, certifying that the elected official or voter approval required pursuant to section 147(f) of the Code has been obtained on the date indicated and that the amount reasonably expected to be required for the financing equals at least 90% of the amount of allocation requested.

(2) When received by the Division, and after it has been determined whether a Confirmation may be issued, the Division shall return one copy of Form BF 2006 to the person who submitted it, with part II completed with the following information:

(a) The date and time the Notice was received;

(b) The name of the person in the Division who received and processed the request;

(c) Whether the request has been confirmed or rejected;

(d) Any necessary comments, including, in the case of rejected requests, the specific reason for rejection;

(e) The dollar amount of allocation confirmed or rejected;

(f) The category of Confirmation;

(g) The signature of the Director, or the Director’s designated representative;

(h) The advisory that the Confirmation is conditional and shall not be considered final until and unless (a) the Division receives timely notification of issuance of the bonds pursuant to Section 159.805(5), F.S., and (b) the Division has issued its Final Confirmation of Allocation (Form BF 2007) with respect to the bonds.

(3) Copies of Form BF 2006 are available on request from the Division. Use of photocopies of the form is authorized.

Rulemaking Authority 159.815 FS. Law Implemented 159.805(1), 159.814 FS. History–New 1-1-86, Amended 1-7-88, Formerly 13K-4.005.