19-5.001. Interest Rate Limitation on Sale of Bonds of Governmental Units

(1) Bonds of any governmental unit may be sold at an interest rate in excess of the maximum set by law, only if application has been made to the State Board of Administration and authority is granted to the governmental unit by the Board pursuant to Section 215.84, F.S., in the case of tax exempt bonds, or Section 159.825, F.S., in the case of taxable bonds. Provided, however, in determining whether or not the governmental unit has complied with the interest rate limitation set forth in Section 215.84(3), F.S., in the issuance of their bonds, where the purchaser of any such bonds is the U.S. Department of Agriculture, Farmers Home Administration, such obligations shall be deemed sold when Farmers Home Administration gives a binding commitment to purchase the bonds even though such commitment is subject to conditions subsequent such as completion of the project being financed with bond proceeds and the computation of adding 300 basis points to The Bond Buyer “20 Bond Index” published immediately preceding the first day of the calendar month in which the bonds are sold shall be computed on the date of such commitment.

(2) The maximum interest rate limitation specified in Section 215.84, F.S., in the case of tax exempt bonds, or Section 159.825, F.S., in the case of taxable bonds, does not apply to bonds within the rating categories of A or better by Moody’s Investors Services, Inc., Standard & Poor’s Corporation, or Fitch Investors Service, Inc., or, in the case of short-term obligations or notes, within the rating categories of MIG2 or VMIG2 or better by Moody’s Investors Services, Inc., SP-2 or better by Standard and Poor’s Corporation, or F-2 or better by Fitch Investors Service, Inc.

(3) Any governmental unit requesting authority to sell its obligations at an interest rate in excess of the maximum set by law shall make application to the State Board of Administration requesting such authority. The application shall be in writing and signed by a responsible official of the governmental unit issuing the bonds or notes. The application shall specify the maximum average net interest cost rate at which the governmental unit is requesting authority to sell its obligations, and shall state the reasons requiring the sale of the bonds at an average net interest rate in excess of the maximum set by law. The following documents or information must be included with the application:

(a) The official statement or prospectus, if available, or similar information relating to the sale of the bonds;

(b) The resolution or ordinance authorizing the issuance of the bonds;

(c) Financial data relating to the anticipated revenue, debt service and coverage;

(d) The most recent financial statement of the governmental unit;

(e) A certified copy of Judgment of Validation if the bonds have been validated;

(f) Information relating to sale of the bonds, including whether they will be sold at public or private sale and the amount of the discount, if any; and

(g) Any other pertinent document or information specifically requested.

(4) After receipt by the Board of the governmental unit’s application and materials referenced in subsection (3), above, the Board may authorize the sale of bonds at an average net interest cost rate in excess of the statutory interest limitation after an informal review by the Executive Director.

(a) The Board in making its determination shall consider, but not be limited to considering,

1. Comparable sales of bonds or other debt of governmental units, and

2. Documented evidence that the objectives and the intent of issuing the bonds will be realized,

(b) The Executive Director in conducting the informal review shall consider the items in paragraph (a), and may consider other aspects of the bonds, including without limitation,

1. Whether the bonds will be privately-placed to accredited investors or publicly-offered, directly or indirectly, such as part of a mutual fund, to individuals,

2. The minimum denomination of the bonds,

3. If the bonds are to finance a project, the principal amount of the bonds relative to other sources of financing of the project,

4. The amortization schedule of the bonds, and

5. The frequency with which the issuer issues bonds.

(c) Information regarding comparable sales of bonds or other debt of governmental units may be provided by a report of staff of the Board or the Division of Bond Finance or by a report of a financial advisor to the Board or the Division of Bond Finance. Documented evidence that the objectives and intent of issuing the bonds will be realized may include, without limitation, statements in the official statement, prospectus or credit underwriting report for the bonds (if applicable) or other evidence, such as construction performance bonds or similar insurance or guarantees, indicating that the project or facility financed by such bonds or debt is reasonably expected to be completed. The Executive Director shall complete the informal review within a reasonable time after receipt of all information required or requested pursuant to these rules but in no event shall the Executive Director be required to complete the informal review sooner than thirty (30) days after receipt of the governmental unit’s completed application.

(d) Upon completion of the informal review, the Executive Director shall provide a report to the Board including the Executive Director’s recommendation with respect to the governmental unit’s request for the sale of bonds at an average net interest rate in excess of the maximum set by law, or shall communicate to the governmental unit that no recommendation can be made and shall provide to the governmental unit a short statement for the reasons therefor. The Board, at a meeting subsequent to the prepraration of the report of the Executive Director, may consider this recommendation in determining whether to authorize the issuance of such bonds at an average net interest rate in excess of the maximum set by law.

(e) The Executive Director may utilize the services and staff of the Board, any other state governmental entity, including without limitation, the Division of Bond Finance, or a financial advisor to the Board or the Division of Bond Finance in conducting the informal review.

(f) The informal review provided for herein is an agency investigation preliminary to agency action within the meaning of Section 120.57(5), F.S.

(5) The Board’s authorization, with respect to a specific issue or reissue of bonds, of a specified maximum average net interest cost rate in excess of the maximum set by law shall expire one hundred eighty (180) days after the date of the Board’s authorization with respect to such issue or reissue of bonds.

(6) The official statement or prospectus shall contain a statement that the authorization of the State Board of Administration for the issuing agency to sell its obligations at an interest rate in excess of the maximum permitted by law is made pursuant to Section 215.84, F.S., in the case of tax exempt bonds or Section 159.825, F.S., in the case of taxable bonds, and is not to be construed as an approval or recommendation of the issue by the State Board of Administration.

Rulemaking Authority 159.825(3), 215.52, 215.84(5) FS. Law Implemented 159.825, 215.84 FS. History–New 10-23-75, Repealed and Readopted 10-14-80, Amended 2-1-83, 12-25-85, Formerly 19-5.01, Amended 12-10-87, 10-6-96, 10-15-13.