HomeMy WebLinkAbout17-260EXECUTION COPY
ST. LUCIE COUNTY, FLORIDA
TAXABLE NON -AD VALOREM REVENUE BONDS, SERIES 2017A
BOND RESOLUTION
ADOPTED NOVEMBER 7, 2017
TABLE OF CONTENTS
PAGE
ARTICLE I
GENERAL
SECTION 1.01. DEFINITIONS............................................................................................ 1
SECTION 1.02. AUTHORITY FOR RESOLUTION.......................................................... 6
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT ..................................... 6
SECTION1.04. FINDINGS.................................................................................................. 7
SECTION 1.05. AUTHORIZATION OF THE PROJECT ................................................... 7
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS
SECTION 2.01.
SECTION 2.02.
SECTION 2.03.
SECTION 2.04.
SECTION 2.05.
SECTION 2.06.
SECTION 2.07.
SECTION 2.08.
SECTION 2.09.
AUTHORIZATION AND DESCRIPTION OF BONDS .......................... 8
APPLICATION OF BOND PROCEEDS .................................................. 8
EXECUTION OF BONDS......................................................................... 9
AUTHENTICATION................................................................................. 9
TEMPORARYBONDS............................................................................. 9
BONDS MUTILATED, DESTROYED, STOLEN OR LOST .................. 9
INTERCHANGEABILITY, NEGOTIABILITY AND TRANSFER...... 10
FULL BOOK ENTRY FOR BONDS ....................................................... 11
FORMOF BONDS................................................................................... 12
ARTICLE III
REDEMPTION OF BONDS
SECTION 3.01. PRIVILEGE OF REDEMPTION............................................................. 21
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED ..................................... 21
SECTION 3.03. NOTICE OF REDEMPTION................................................................... 21
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS ......................................... 22
SECTION 3.05. PAYMENT OF REDEEMED BONDS .................................................... 22
ARTICLE IV
SECURITY; FUNDS; COVENANTS OF THE ISSUERS
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER ............................ 23
SECTION 4.02. SECURITY FOR BONDS........................................................................ 23
SECTION 4.03. PROJECT FUND...................................................................................... 23
SECTION 4.04. COVENANT TO BUDGET AND APPROPRIATE; PAYMENT
OFBONDS............................................................................................... 24
SECTION 4.05. ISSUANCE OF OTHER OBLIGATIONS ............................................... 24
SECTION 4.06. INVESTMENTS....................................................................................... 25
SECTION 4.07. SEPARATE ACCOUNTS........................................................................ 25
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ARTICLE V
COVENANTS
SECTION 5.01. GENERAL................................................................................................ 26
SECTION 5.02. ANNUAL BUDGET................................................................................ 26
SECTION 5.03. ANNUAL AUDIT.................................................................................... 26
ARTICLE VI
DEFAULTS AND REMEDIES
SECTION 6.01.
EVENTS OF DEFAULT ..................................................
2
SECTION 6.02.
REMEDIES...............................................................................................
27
SECTION 6.03.
DIRECTIONS TO TRUSTEE AS TO REMEDIAL
36
SECTION 9.03.
PROCEEDINGS.......................................................................................
28
SECTION 6.04.
REMEDIES CUMULATIVE...................................................................
28
SECTION 6.05.
WAIVER OF DEFAULT.........................................................................
28
SECTION 6.06.
APPLICATION OF MONEYS AFTER DEFAULT ...............................
28
SECTION 6.07.
CONTROL BY INSURER.......................................................................
29
ARTICLE VII
SUPPLEMENTAL RESOLUTIONS
SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT
BONDHOLDERS' CONSENT................................................................. 31
SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS'
AND INSURER'S CONSENT................................................................. 31
SECTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY ..................... 32
ARTICLE VIII
DEFEASANCE
SECTION8.01. DEFEASANCE......................................................................................... 34
ARTICLE IX
MISCELLANEOUS
SECTION 9.01.
SALE OF BONDS....................................................................................
36
SECTION 9.02.
OFFICIAL STATEMENT; CONTINUING DISCLOSURE
CERTIFICATE.........................................................................................
36
SECTION 9.03.
APPOINTMENT OF REGISTRAR AND PAYING AGENT ...............
37
SECTION 9.04.
PURCHASE OF BOND INSURANCE POLICY ....................................
37
SECTION 9.05.
DESIGNATION OF UNDERWRITERS .................................................
37
SECTION 9.06.
GENERAL AUTHORITY........................................................................
37
SECTION 9.07.
SEVERABILITY OF INVALID PROVISIONS ......................................
37
SECTION 9.08.
REPEAL OF INCONSISTENT RESOLUTIONS ...................................
38
SECTION 9.09.
EFFECTIVE DATE..................................................................................
38
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EXHIBIT A - FORM OF BOND PURCHASE CONTRACT
EXHIBIT B - FORM OF OFFICIAL STATEMENT
EXHIBIT C - FORM OF CONTINUING DISCLOSURE CERTIFICATE
EXHIBIT D - UNDERWRITER RECOMMENDATION
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RESOLUTION NO. 17-260
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY, FLORIDA AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $26,000,000 IN AGGREGATE PRINCIPAL AMOUNT
OF ST. LUCIE COUNTY, FLORIDA TAXABLE NON -AD VALOREM
REVENUE BONDS, SERIES 2017A, TO FINANCE THE ACQUISITION
OF CERTAIN PORT AND ANCILLARY FACILITIES AND PROPERTY
RIGHTS LOCATED IN THE COUNTY AND THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS THERETO; COVENANTING TO
BUDGET AND APPROPRIATE CERTAIN LEGALLY AVAILABLE
NON -AD VALOREM REVENUES TO PAY DEBT SERVICE ON THE
BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE
BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF SUCH
BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID
BONDS AND THE EXECUTION AND DELIVERY OF A BOND
PURCHASE CONTRACT WITH RESPECT THERETO UPON
COMPLIANCE WITH CERTAIN PARAMETERS; APPOINTING THE
PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID
BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN
OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING
THE PURCHASE OF BOND INSURANCE AND, IF SO PURCHASED,
THE EXECUTION AND DELIVERY OF AN INSURANCE
AGREEMENT; AUTHORIZING THE EXECUTION OF A CONTINUING
DISCLOSURE CERTIFICATE; MAKING CERTAIN OTHER
COVENANTS AND AGREEMENTS IN CONNECTION WITH THE
BONDS; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS
RESOLUTION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA:
ARTICLE I
GENERAL
SECTION 1.01. DEFINITIONS. When used in this Resolution, the following
terms shall have the following meanings, unless the context clearly otherwise requires:
"Act" shall mean Chapter 125, Florida Statutes, and other applicable provisions of law.
"Adjusted Essential Expenditures" means essential expenditures for general
government and public safety as shown in the Issuer's audited financial statements less any
revenues derived from ad valorem taxation on real and personal property that are legally
available to pay for such expenditures.
"Amortization Installments" shall mean an amount designated as such pursuant to the
provisions of this Resolution and established with respect to Term Bonds.
"Annual Audit" shall mean the annual audited financial statements prepared pursuant to
the requirements of Section 5.03 hereof.
"Annual Budget" shall mean the annual budget prepared pursuant to the requirements of
Section 5.02 hereof.
"Authorized Investments" means any obligations, deposit certificates, or other
evidence of indebtedness legal for investment pursuant to law, to the extent not inconsistent with
the terms of the investment policy of the Issuer and applicable law.
"Authorized Issuer Officer" shall mean the Chairman and the Clerk and when used in
reference to any act or document, also means any other person authorized by resolution of the
Board to perform such act or sign such document.
"Board" shall mean the Board of County Commissioners of St. Lucie County, Florida,
or any successor thereto.
"Bond Counsel" shall mean Nabors, Giblin & Nickerson, P.A. or any other attorney at
law or firm of attorneys, of nationally recognized standing in matters pertaining to the federal tax
exemption of interest on obligations issued by states and political subdivisions, and duly
admitted to practice law before the highest court of any state of the United States of America.
"Bond Insurance Policy" shall mean the insurance policy, if any, issued by the Insurer
guaranteeing the scheduled payment of principal of and interest on the Bonds when due.
"Bondholder" or "Holder" or "holder" or any similar term, when used with reference
to a Bond or Bonds, shall mean any person who shall be the registered owner of any Outstanding
Bond or Bonds as provided in the registration books of the Issuer.
"Bonds" shall mean the St. Lucie County, Florida Taxable Non -Ad Valorem Revenue
Bonds, Series 2017A.
"Chairman" shall mean the Chairman of the Board or, in his or her absence or
unavailability, the Vice Chairman.
"Clerk" shall mean the Clerk of the Circuit Court, ex officio Clerk of the Board, and
such other person as may be duly authorized to act on her or his behalf, including any Deputy
Clerk.
"Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations
and rules thereunder in effect or proposed.
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"Cost" or "Costs" shall mean (1) the Issuer's cost of physical construction of the
Project; (2) costs of acquisition by or for the Issuer of the Project; (3) costs of land and interests
therein and the costs of the Issuer incidental to such acquisition; (4) the cost of any indemnity
and surety bonds and premiums for insurance during construction; (5) all interest due to be paid
on the Bonds and other obligations relating to the Project during, and if advisable by the Issuer,
for up to one (1) year after the end of, the construction period of such Project; (6) engineering,
legal and other consultant fees and expenses; (7) costs and expenses of the financing incurred
during, and if advisable by the Issuer, for up to one (1) year after the end of, the construction
period for such Project, including audits, fees and expenses of any Paying Agent, Registrar, or
depository; (8) payments, when due (whether at the maturity of principal or the due date of
interest or upon redemption) on any indebtedness of the Issuer (other than the Bonds) incurred
for such Project; (9) costs of machinery or equipment required by the Issuer for the
commencement of operation of such Project; (10) any other costs properly attributable to such
construction or acquisition, as determined by generally accepted accounting principles, and shall
include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer.
Any Supplemental Resolution may provide for additional items to be included in the aforesaid
Costs.
"Debt" means at any date (without duplication) all of the following to the extent that
they are secured by or payable in whole or in part from any Non -Ad Valorem Revenues (A) all
obligations of the Issuer for borrowed money or evidenced by bonds, debentures, notes or other
similar instruments; (B) all obligations of the Issuer to pay the deferred purchase price of
property or services, except trade accounts payable under normal trade terms and which arise in
the ordinary course of business; (C) all obligations of the Issuer as lessee under capitalized
leases; and (D) all indebtedness of other Persons to the extent guaranteed by, or secured by, Non -
Ad Valorem Revenues of the Issuer; provided, however, that with respect to any obligation
contemplated in (D) above, such obligation shall not be considered "Debt" for purposes of this
Resolution unless the Issuer has actually used Non -Ad Valorem Revenues to satisfy such
obligation during the immediately preceding Fiscal Year or reasonably expects to use Non -Ad
Valorem Revenues to satisfy such obligation in the current or immediately succeeding Fiscal
Year. After an obligation is considered "Debt" as a result of the proviso set forth in the
immediately preceding sentence, it shall continue to be considered "Debt" until the Issuer has not
used any Non -Ad Valorem Revenues to satisfy such obligation for two consecutive Fiscal Years.
"Debt Service" shall mean, at any time, the aggregate amount in the then applicable
period of time of (1) interest required to be paid on the applicable Debt during such period of
time, except to the extent that such interest is to be paid from proceeds of the Debt for such
purpose, (2) principal of outstanding Debt maturing in such period of time, and (3) the
Amortization Installments with respect to Outstanding Term Bonds or amortization payments
with respect to other Debt maturing in such period of time.
"Essential Expenditures" means essential expenditures for general government and
safety as shown in the Issuer's audited financial statements.
"Federal Securities" shall mean non -callable direct obligations of the United States of
America (including obligations issued or held in book -entry form on the books of the
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Department of Treasury) or non -callable obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America.
"Financial Advisor" shall mean Public Financial Management, Inc., or its successor, as
financial advisor to the Issuer.
"Fiscal Year" shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be prescribed
by law.
"Fitch" shall mean Fitch Ratings, and any assigns and successors thereto.
"Insurer" shall mean the municipal bond insurer, if any, designated pursuant to Section
9.04 hereof.
"Interest Date" or "Interest Payment Date" shall be May 1 and November 1 of each
year, commencing May 1, 2018, and any date of redemption of any portion of the Bonds, or such
other dates as established by the County Administrator, based on advice of the County's
Financial Advisor, prior to the issuance of the Bonds.
"Issuer" or "County" shall mean St. Lucie County, Florida.
"Maximum Annual Debt Service" means the maximum annual Debt Service on a
consolidated basis of all Debt payable from Non -Ad Valorem Revenues then outstanding and the
planned additional Debt to be issued for the then -current or any subsequent Fiscal Year. For
purposes of the foregoing (a) if said Debt has 25% or more of the aggregate principal amount
coming due in any one year, Debt Service shall be determined on the Debt during such period of
time as if the principal of and interest on such Debt were being paid from the date of incurrence
thereof in substantially equal annual amounts over a period of 25 years; and (b) for the purpose
of determining Debt Service as described above, the interest rate on variable rate Debt shall be
deemed to be 120% of the average of the SIFMA Index over a two year period of time ending on
the date immediately prior to the sale of such additional obligation.
"Moody's" shall mean Moody's Investors Service, and any assigns and successors
thereto.
"Net Non -Ad Valorem Revenues Available For Debt Service" means the Non -Ad
Valorem Revenues minus Adjusted Essential Expenditures.
"Non -Ad Valorem Revenues" shall mean total revenues of the Issuer derived from any
source whatsoever, other than revenues generated from ad valorem taxation on real or personal
property, and which are legally available to make the payments required herein.
"Outstanding," when used with reference to Bonds and as of any particular date, shall
describe all Bonds theretofore and thereupon being authenticated and delivered except, (1) any
Bond in lieu of which other Bond or Bonds have been issued under Section 2.06 hereof to
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replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof in
exchange for other Bond or Bonds under Sections 2.05 and 2.07 hereof, (3) Bonds deemed to
have been paid pursuant to Section 8.01 hereof and (4) Bonds cancelled after purchase in the
open market or because of payment at or redemption prior to maturity.
"Paying Agent" shall mean the paying agent appointed by the Issuer for the Bonds and
its successor or assigns, if any.
"Person" or "person" shall mean an individual, a corporation, a partnership, an
association, a joint stock company, a trust, any unincorporated organization, governmental entity
or other legal entity.
"Prerefunded Obligations" shall mean any bonds or other obligations of any state of
the United States of America or of any agency, instrumentality or local governmental unit of any
such state (1) which are (A) not callable prior to maturity or (B) as to which irrevocable
instructions have been given to the fiduciary for such bonds or other obligations by the obligor to
give due notice of redemption and to call such bonds for redemption on the date or dates
specified in such instructions, (2) which are fully secured as to principal, redemption premium, if
any, and interest by a fund held by a fiduciary consisting only of cash or Federal Securities,
secured in substantially the manner set forth in Section 8.01 hereof, which fund may be applied
only to the payment of such principal of, redemption premium, if any, and interest on such bonds
or other obligations on the maturity date or dates thereof or the specified redemption date or
dates pursuant to such irrevocable instructions, as the case may be, (3) as to which the principal
of and interest on the Federal Securities, which have been deposited in such fund along with any
cash on deposit in such fund are sufficient, as verified by an independent certified public
accountant or other expert in such matters, to pay principal of, redemption premium, if any, and
interest on the bonds or other obligations on the maturity date or dates thereof or on the
redemption date or dates specified in the irrevocable instructions referred to in clause (1) above
and are not available to satisfy any other claims, including those against the fiduciary holding the
same, and (4) which are rated in the highest rating category (without regard to gradations, such
as "+" or "-" or "1, 2 or 3" of such categories) of one of the Rating Agencies.
"Project" shall mean the acquisition of certain port and ancillary facilities and property
rights located within the Issuer and the construction of certain improvements thereto.
"Rating Agencies" means Fitch, Moody's and Standard & Poor's.
"Redemption Price" shall mean, with respect to any Bond or portion thereof, the
principal amount or portion thereof, plus the applicable premium, if any, payable upon
redemption thereof pursuant to such Bond or this Resolution.
"Refunding Securities" shall mean Federal Securities and, to the extent approved in
writing by the Insurer, if a Bond Insurance Policy is in place, Prerefunded Obligations.
"Registrar" shall mean the bond registrar appointed by the Issuer for the Bonds and its
successor or assigns, if any.
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"Resolution" shall mean this Resolution, as the same may from time to time be
amended, modified or supplemented by Supplemental Resolution.
"Serial Bonds" shall mean all of the Bonds other than the Term Bonds.
"SIFMA Index" shall mean the Securities Industry and Financial Markets Association
Municipal Swap Index, or if that index is no longer published, a successor or similar index of
short-term high-grade tax-exempt indebtedness.
"Standard and Poor's" or "S&P" shall mean S&P Global Ratings, and any assigns and
successors thereto.
"State" shall mean the State of Florida.
"Supplemental Resolution" shall mean any resolution of the Issuer amending or
supplementing this Resolution enacted and becoming effective in accordance with the terms of
Sections 7.01, 7.02 and 7.03 hereof.
"Term Bonds" shall mean those Bonds which shall be designated as Term Bonds
hereby.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms,
shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this
Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Act. The Issuer has ascertained and hereby determines that
adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly
provided in the Act, that each and every matter and thing as to which provision is made herein is
necessary in order to carry out and effectuate the purposes of the Issuer in accordance with the
Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the
Issuer herein exercised are in each case exercised in accordance with the provisions of the Act
and in furtherance of the purposes of the Issuer.
SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In
consideration of the purchase and acceptance of any or all of the Bonds by those who shall hold
the same from time to time, the provisions of this Resolution shall be a part of the contract of the
Issuer with the Holders of the Bonds, and shall be deemed to be and shall constitute a contract
between the Issuer, the Holders from time to time of the Bonds and the Insurer, if any. The
pledge made in the Resolution and the provisions, covenants and agreements herein set forth to
be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security
of the Holders of any and all of said Bonds and the Insurer, if any, but only in accordance with
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the terms hereof. All of the Bonds, regardless of the time or times of their issuance or maturity,
shall be of equal rank without preference, priority or distinction of any of the Bonds over any
other thereof except as expressly provided in or pursuant to this Resolution.
SECTION 1.04. FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The Issuer has deemed it in the best interest of its citizens to acquire and construct
the improvements consisting of the Project.
(B) The Issuer deems it to be in its best interest to issue the Bonds for the principal
purpose of financing the Project, as determined pursuant to the provisions herein.
(C) The Bonds shall be secured solely by a covenant of the Issuer, subject to certain
conditions set forth herein, to budget and appropriate from Non -Ad Valorem Revenues amounts
sufficient to pay the principal of and interest, and premium, if any, on the Bonds, when due.
(D) The principal of and interest on the Bonds to be issued pursuant to this
Resolution, and all other payments provided for in this Resolution, will be paid solely from Non -
Ad Valorem Revenues budgeted and appropriated in accordance with the terms hereof; and the
ad valorem taxing power of the Issuer will never be necessary or authorized to pay the principal
of and interest on the Bonds to be issued pursuant to this Resolution, or to make any other
payments provided for in this Resolution, and the Bonds shall not constitute a lien upon any
property whatsoever of or in the Issuer.
(E) Due to the present volatility of the market for obligations such as the Bonds, it is
in the best interest of the Issuer to sell the Bonds by a negotiated sale, allowing the Issuer to enter
the market at the most advantageous time, rather than at a specified advertised date, thereby
permitting the Issuer to obtain the best possible price and interest rate for the Bonds. The
Issuer's receipt of the information required by Section 218.385, Florida Statutes, is a condition to
the execution of the Purchase Contract (as defined below) in connection with the negotiated sale
of the Bonds. A copy of the letter of the underwriters for said Bonds containing the
aforementioned information is a condition precedent to the execution and delivery by the Issuer
of the Purchase Contract referred to below.
(F) Citigroup Global Markets Inc., on behalf of itself and Wells Fargo Bank, National
Association (collectively, and as authorized by Section 9.05 hereof, the "Underwriters") expects
to offer to purchase the Bonds from the Issuer and submit a Bond Purchase Contract in the form
attached hereto as Exhibit A (the "Purchase Contract") expressing the terms of such offer, and,
assuming compliance with the provisions of Section 9.01 hereof, the Issuer does hereby find and
determine that it is in the best financial interest of the Issuer that the terms expressed in the
Purchase Contract be accepted by the Issuer.
SECTION 1.05. AUTHORIZATION OF THE PROJECT. The acquisition and
construction of the Project is hereby authorized.
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ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF BONDS
SECTION 2.01. AUTHORIZATION AND DESCRIPTION OF BONDS. This
Resolution creates an issue of Bonds of the Issuer to be designated as "St. Lucie County, Florida
Taxable Non -Ad Valorem Revenue Bonds, Series 2017A," issued in the aggregate principal
amount of not exceeding $26,000,000, the exact amount to be set forth in the Purchase Contract.
The Bonds are issued for the principal purposes of financing the Project and paying certain costs
of issuance incurred with respect to the Bonds. The Chairman is authorized and directed to
determine whether the Bonds or any portion thereof shall be insured by the Bond Insurance
Policy or whether the Bonds or any portion thereof will be issued uninsured, as set forth in
Section 9.04 hereof.
The Bonds shall be dated as of their date of delivery (or such other date as the Chairman
may determine), shall be numbered consecutively from one upward in order of maturity preceded
by the letter "R", shall be issued in the form of fully registered Bonds in denominations of
$5,000 and any integral multiple thereof, shall be initially in book entry -only form of
registration, shall bear interest from their date of delivery (or such other date as the Chairman
may determine), payable semi-annually on each Interest Date, at such rates and maturing in such
amounts as set forth in the Purchase Contract. The Bonds shall bear interest computed on the
basis of a 360 -day year consisting of twelve 30 -day months.
Subject to the provisions of the book entry -only system of registration described in
Section 2.08 hereof, the principal of, and Redemption Price, if applicable, on the Bonds is
payable upon presentation and surrender of the Bonds at the office of the Paying Agent. Interest
payable on any Bond on any Interest Date will be paid by check or draft of the Paying Agent to
the Holder in whose name such Bond shall be registered at the close of business on the date
which shall be the fifteenth day (whether or not a business day) of the calendar month next
preceding such Interest Date, or at the request of such Holder, by bank wire transfer for the
account of such Holder. All payments of principal of, or Redemption Price, if applicable, and
interest on the Bonds shall be payable in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of public and private debts.
SECTION 2.02. APPLICATION OF BOND PROCEEDS. The proceeds derived
from the sale of the Bonds, including premium, if any, shall be applied by the Issuer as follows:
(A) If the Chairman determines that the Bonds will be insured by the Bond Insurance
Policy in accordance with Section 9.04 hereof, a sufficient amount of the Bond proceeds will be
applied to the payment of the premium for the Bond Insurance Policy.
(B) A sufficient amount of Bond proceeds necessary to pay costs and expenses
relating to the issuance of the Bonds shall be used for such purpose.
(C) The remaining Bond proceeds shall be deposited into the Project Fund and used to
pay the costs of the Project.
SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the
name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of
the Issuer shall be imprinted thereon, attested with the manual or facsimile signature of the
Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds
or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer
before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may
nevertheless be sold and delivered as herein provided and may be issued as if the person who
signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and
sealed on behalf of the Issuer by such person who at the actual time of the execution of such
Bond shall hold the proper office of the Issuer, although at the date of such Bond such person
may not have held such office or may not have been so authorized. The Issuer may adopt and
use for such purposes the facsimile signatures of any such persons who shall have held such
offices at any time after the date of the adoption of this Resolution, notwithstanding that either or
both shall have ceased to hold such office at the time the Bonds shall be actually sold and
delivered.
SECTION 2.04. AUTHENTICATION. No Bond shall be secured hereunder or
entitled to the benefit hereof or shall be valid or obligatory for any purpose unless there shall be
manually endorsed on such Bond a certificate of authentication by the Registrar or such other
entity as may be approved by the Issuer for such purpose. Such certificate on any Bond shall be
conclusive evidence that such Bond has been duly authenticated and delivered under this
Resolution. The form of such certificate shall be substantially in the form provided in Section
2.09 hereof.
SECTION 2.05. TEMPORARY BONDS. Until definitive Bonds are prepared, the
Issuer may execute, in the same manner as is provided in Section 2.03, and deliver, upon
authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but
subject to the same provisions, limitations and conditions as the definitive Bonds, except as to
the denominations thereof, one or more temporary Bonds substantially of the tenor of the
definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations
authorized by the Issuer by subsequent resolution and with such omissions, insertions and
variations as may be appropriate to temporary Bonds. The Issuer, at its own expense, shall
prepare and execute definitive Bonds, which shall be authenticated by the Registrar. Upon the
surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder
thereof, shall deliver in exchange therefor definitive Bonds, of the same aggregate principal
amount and maturity as the temporary Bonds surrendered. Until so exchanged, the temporary
Bonds shall in all respects be entitled to the same benefits and security as definitive Bonds issued
pursuant to this Resolution. All temporary Bonds surrendered in exchange for another temporary
Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar.
SECTION 2.06. BONDS MUTILATED, DESTROYED, STOLEN OR LOST.
In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may, in its
discretion, issue and deliver, and the Registrar shall authenticate, a new Bond of like tenor as the
Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated
Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for
the Bond destroyed, stolen or lost, and upon the Holder furnishing the Issuer and the Registrar
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proof of his ownership thereof and satisfactory indemnity and complying with such other
reasonable regulations and conditions as the Issuer or the Registrar may prescribe and paying
such expenses as the Issuer and the Registrar may incur. All Bonds so surrendered shall be
cancelled by the Registrar. If any of the Bonds shall have matured or be about to mature, instead
of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon
being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender
thereof.
Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original,
additional contractual obligations on the part of the Issuer whether or not the lost, stolen or
destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to
equal and proportionate benefits and rights to the same extent as all other Bonds issued
hereunder.
SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILITY AND
TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a written
instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his
attorney duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an
equal aggregate principal amount of registered Bonds of the same maturity of any other
authorized denominations.
The Bonds issued under this Resolution shall be and have all the qualities and incidents
of negotiable instruments under the law merchant and the Uniform Commercial Code of the
State of Florida, subject to the provisions for registration and transfer contained in this
Resolution and in the Bonds. So long as any of the Bonds shall remain Outstanding, the Issuer
shall maintain and keep, at the office of the Registrar, books for the registration and transfer of
the Bonds.
Each Bond shall be transferable only upon the books of the Issuer, at the office of the
Registrar, under such reasonable regulations as the Issuer may prescribe, by the Holder thereof in
person or by his attorney duly authorized in writing upon surrender thereof together with a
written instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the
Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall
issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the
same aggregate principal amount and maturity as the surrendered Bond. The Issuer, the
Registrar and any Paying Agent or fiduciary of the Issuer may deem and treat the Person in
whose name any Outstanding Bond shall be registered upon the books of the Issuer as the
absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of
receiving payment of, or on account of, the principal or Redemption Price, if applicable, and
interest on such Bond and for all other purposes, and all such payments so made to any such
Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon
such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor
any Paying Agent or other fiduciary of the Issuer shall be affected by any notice to the contrary.
The Registrar, in any case where it is not also the Paying Agent in respect to any Bonds,
forthwith (A) following the fifteenth day prior to an Interest Date for the Bonds; (B) following
10
the fifteenth day next preceding the date of first mailing of notice of redemption of any Bonds;
and (C) at any other time as reasonably requested by the Paying Agent of such Bonds, shall
certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and
any other relevant information reflected in the registration books. Any Paying Agent of any fully
registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder
entitled thereto or may, in lieu thereof, upon the request and expense of such Holder, transmit
such payment by bank wire transfer for the account of such Holder.
In all cases in which the privilege of exchanging Bonds or transferring Bonds is
exercised, the Issuer shall execute and deliver Bonds and the Registrar shall authenticate such
Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the
Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at
the time of the original delivery of the Bonds. All Bonds surrendered in any such exchanges or
transfers shall be held by the Registrar in safekeeping until directed by the Issuer to be cancelled
by the Registrar. For every such exchange or transfer of Bonds, the Issuer or the Registrar may
make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge
required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall
not be obligated to make any such exchange or transfer of Bonds during the 15 days next
preceding an Interest Date on the Bonds, or, in the case of any proposed redemption of Bonds,
then, for the Bonds subject to redemption, during the 15 days next preceding the date of the first
mailing of notice of such redemption and continuing until such redemption date.
SECTION 2.08. FULL BOOK ENTRY FOR BONDS. Notwithstanding the
provisions set forth in Section 2.07 hereof, the Bonds shall be initially issued in the form of a
separate single certificated fully registered bond certificate for each of the maturities of the
Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of The
Depository Trust Company ("DTC"). All of the Outstanding Bonds shall be registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC. As long
as the Bonds shall be registered in the name of Cede & Co., all payments of principal on the
Bonds shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede &
Co., as Holder of the Bonds, upon presentation of the Bonds to be paid, to the Paying Agent.
With respect to the Bonds registered in the registration books kept by the Registrar in the
name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and the Paying Agent shall
have no responsibility or obligation to any direct or indirect participant in the DTC book -entry
program (the "Participants"). Without limiting the immediately preceding sentence, the Issuer,
the Registrar and the Paying Agent shall have no responsibility or obligation with respect to (A)
the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership
interest on the Bonds, (B) the delivery to any Participant or any other Person other than a
Bondholder, as shown in the registration books kept by the Registrar, of any notice with respect
to the Bonds, including any notice of redemption, or (C) the payment to any Participant or any
other Person, other than a Bondholder, as shown in the registration books kept by the Registrar,
of any amount with respect to principal of, redemption premium, if any, or interest on the Bonds.
The Issuer, the Registrar and the Paying Agent shall treat and consider the Person in whose name
each Bond is registered in the registration books kept by the Registrar as the Holder and absolute
11
owner of such Bond for the purpose of payment of principal, redemption premium, if any, and
interest with respect to such Bond, for the purpose of giving notices of redemption and other
matters with respect to such Bond, for the purpose of registering transfers with respect to such
Bond, and for all other purposes whatsoever. The Paying Agent shall pay all principal of,
redemption premium, if any, and interest on the Bonds only to or upon the order of the respective
Holders, as shown in the registration books kept by the Registrar, or their respective attorneys
duly authorized in writing, as provided herein and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal,
redemption premium, if any, and interest on the Bonds to the extent of the sum or sums so paid.
No Person other than a Holder, as shown in the registration books kept by the Registrar, shall
receive a certificated Bond evidencing the obligation of the Issuer to make payments of
principal, redemption premium, if any, and interest pursuant to the provisions of this Resolution.
Upon delivery by DTC to the Issuer of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in Section 2.07
with respect to transfers during the 15 days next preceding an Interest Date or mailing of notice
of redemption, the words "Cede & Co." shall refer to such new nominee of DTC; and upon
receipt of such notice, the Issuer shall promptly deliver a copy of the same to the Registrar and
the Paying Agent.
Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the Outstanding Bonds be registered in the registration
books kept by the Registrar in the name of Cede & Co., as nominee of DTC, is not in the best
interest of the beneficial owners of the Bonds or (ii) to the effect that DTC is unable or unwilling
to discharge its responsibilities and no substitute depository willing to undertake the functions of
DTC hereunder can be found which is willing and able to undertake such functions upon
reasonable and customary terms, or (B) determination by the Issuer that such book -entry only
system is burdensome or undesirable to the Issuer and compliance by the Issuer of all applicable
policies and procedures of DTC regarding discontinuance of the book entry registration system,
the Bonds shall no longer be restricted to being registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, but may be registered in whatever
name or names Holders shall designate, in accordance with the provisions of this Resolution. In
such event, the Issuer shall issue, and the Registrar shall authenticate, transfer and exchange the
Bonds of like principal amount and maturity, in denominations of $5,000 or any integral multiple
thereof to the Holders thereof. The foregoing notwithstanding, until such time as participation in
the book -entry only system is discontinued, the provisions set forth in the Blanket Letter of
Representations previously executed by the Issuer and delivered to DTC shall apply to the
payment of principal of and interest on the Bonds.
SECTION 2.09. FORM OF BONDS. The text of the Bonds shall be in
substantially the following form, with such omissions, insertions and variations as may be
necessary and/or desirable and approved by the Chairman prior to the issuance thereof (which
necessity and/or desirability and approval shall be presumed by such officer's execution of the
Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thereof):
12
No. R -
UNITED STATES OF AMERICA
STATE OF FLORIDA
ST. LUCIE COUNTY, FLORIDA
TAXABLE NON -AD VALOREM REVENUE BONDS,
SERIES 2017A
Interest Maturity Date of
Rate Date Original Issue CUSIP Number
Registered Holder:
Principal Amount:
KNOW ALL MEN BY THESE PRESENTS, that St. Lucie County, Florida, a political
subdivision of the State of Florida (the "Issuer"), for value received, hereby promises to pay,
solely from the Non -Ad Valorem Revenues hereinafter described, to the Registered Holder
identified above, or registered assigns as hereinafter provided, on the Maturity Date identified
above, the Principal Amount identified above and to pay interest on such Principal Amount from
the Date of Original Issue identified above or from the most recent interest payment date to
which interest has been paid at the Interest Rate per annum identified above on May 1 and
November 1 of each year, commencing 1, until such Principal Amount shall have
been paid, except as the provisions hereinafter set forth with respect to redemption prior to
maturity may be or become applicable hereto.
Such Principal Amount and interest and the premium, if any, on this Bond are payable in
any coin or currency of the United States of America which, on the respective dates of payment
thereof, shall be legal tender for the payment of public and private debts. Such Principal Amount
and the premium, if any, on this Bond, are payable at the designated corporate trust office of
, Florida, as Paying Agent. Payment of each installment of interest
shall be made to the person in whose name this Bond shall be registered on the registration books
of the Issuer maintained by , , Florida, as Registrar, at the close of
business on the date which shall be the fifteenth day (whether or not a business day) next
preceding each interest payment date and shall be paid by a check of such Paying Agent mailed
to such Registered Holder at the address appearing on such registration books or, at the request
of such Registered Holder, by bank wire transfer for the account of such Holder. Interest shall
be calculated on the basis of a 360 -day year of twelve 30 -day months.
13
This Bond is one of an authorized issue of Bonds in the aggregate principal amount of
$ (the 'Bonds") of like date, tenor and effect, except as to maturity date, interest
rate, denomination and number issued under the authority of and in full compliance with the
Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, and
other applicable provisions of law (collectively, the "Act"), and a resolution duly adopted by the
Board of County Commissioners of the Issuer on November 7, 2017, as the same may be
amended and supplemented (the "Resolution"), and is subject to all the terms and conditions of
the Resolution. The Bonds are being issued to acquire certain port and ancillary facilities and
property rights and to finance certain capital improvements in and for the Issuer.
Pursuant to the Resolution, the Issuer has covenanted to appropriate in its annual budget,
by amendment, if necessary, such amounts of Non -Ad Valorem Revenues (as defined in the
Resolution) as shall be necessary to pay the principal of and interest on the Bonds when due.
Such covenant to appropriate Non -Ad Valorem Revenues is not a pledge by the Issuer of such
Non -Ad Valorem Revenues and is subject in all respects to the payment of obligations secured
by a pledge of such Non -Ad Valorem Revenues heretofore or hereafter entered into (including
the payment of Debt Service on bonds or other debt instruments) and also to the payment of
Essential Expenditures (as defined in the Resolution).
IT IS EXPRESSLY AGREED BY THE REGISTERED HOLDER OF THIS BOND
THAT THE FULL FAITH AND CREDIT OF THE ISSUER, THE STATE OF FLORIDA, OR
ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, ARE NOT PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THIS
BOND AND THAT SUCH HOLDER SHALL NEVER HAVE THE RIGHT TO REQUIRE OR
COMPEL THE EXERCISE OF ANY TAXING POWER OF THE ISSUER, THE STATE OF
FLORIDA, OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF, TO THE
PAYMENT OF SUCH PRINCIPAL, PREMIUM, IF ANY, AND INTEREST. EXCEPT AS
EXPRESSLY SET FORTH HEREIN, THIS BOND AND THE OBLIGATION EVIDENCED
HEREBY SHALL NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF THE ISSUER,
BUT SHALL BE PAYABLE SOLELY FROM AMOUNTS BUDGETED AND
APPROPRIATED BY THE ISSUER AS DESCRIBED ABOVE AND AS PROVIDED IN THE
RESOLUTION.
The Issuer has established a book -entry system of registration for the Bonds. Except as
specifically provided otherwise in the Resolution, an agent will hold this Bond on behalf of the
beneficial owner thereof. By acceptance of a confirmation of purchase, delivery or transfer, the
beneficial owner of this Bond shall be deemed to have agreed to such arrangement.
This Bond is transferable in accordance with the terms of the Resolution only upon the
books of the Issuer kept for that purpose at the designated corporate trust office of the Registrar
by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the
surrender of this Bond together with a written instrument of transfer satisfactory to the Registrar
duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon
a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in
exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds
are issuable in the form of fully registered Bonds in the denomination of $5,000 and any integral
14
multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the
Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute
owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be
affected by any notice to the contrary. The Issuer shall not be obligated to make any exchange or
transfer of the Bonds during the 15 days next preceding an interest payment date or, in the case
of any proposed redemption of the Bonds, then, for the Bonds subject to such redemption, during
the 15 days next preceding the date of the first mailing of notice of such redemption.
(INSERT REDEMPTION PROVISIONS)
Redemption of this Bond under the preceding paragraphs shall be made as provided in
the Resolution upon notice given by first class mail sent at least 30 days prior to the redemption
date to the Registered Holder hereof at the address shown on the registration books maintained
by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof,
or any defect therein, shall not affect the validity of the proceedings for redemption of other
Bonds as to which no such failure or defect has occurred. In the event that less than the full
principal amount hereof shall have been called for redemption, the Registered Holder hereof
shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount
equal to the unredeemed portion of principal, as provided in the Resolution.
As long as the book -entry only system is used for determining beneficial ownership of
the Bonds, notice of redemption will only be sent to Cede & Co. Cede & Co. will be responsible
for notifying the DTC Participants, who will in turn be responsible for notifying the beneficial
owners of the Bonds. Any failure of Cede & Co. to notify any DTC Participant, or of any DTC
Participant to notify the beneficial owner of any such notice, will not affect the validity of the
redemption of the Bonds.
Reference to the Resolution and any and all resolutions supplemental thereto and
modifications and amendments thereof and to the Act is made for a description of the pledge and
covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and
covenants, and the rights, duties, immunities and obligations of the Issuer.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen and to be performed precedent to and in the issuance of this Bond, exist, have happened
and have been performed, in regular and due form and time as required by the laws and
Constitution of the State of Florida applicable thereto, and that the issuance of the Bonds does
not violate any constitutional or statutory limitations or provisions.
Neither the Chairman nor the members of the Board of County Commissioners of the
Issuer nor any person executing this Bond shall be liable personally hereon or be subject to any
personal liability or accountability by reason of the issuance hereof.
This Bond shall not be valid or become obligatory for any purpose until the certificate of
authentication hereon shall have been signed by the Registrar.
15
IN WITNESS WHEREOF, St. Lucie County, Florida has issued this Bond and has
caused the same to be executed by the manual or facsimile signature of the Chairman of its
Board of County Commissioners and attested by the manual or facsimile signature of its Clerk,
and its official seal or a facsimile thereof to be affixed or reproduced hereon, all as of the Date of
Original Issue.
(SEAL)
Clerk of the Circuit Court, ex officio Clerk
of the Board of County Commissioners
ST. LUCIE COUNTY, FLORIDA
Chairman, Board of County Commissioners
16
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the Issue described in the within -mentioned Resolution.
DATE OF AUTHENTICATION:
Registrar
In
Authorized Officer
17
Unless this certificate is presented by an authorized representative of The Depository
Trust Company to the Issuer or its agent for registration of transfer, exchange or payment, and
any certificate issued is registered in the name of Cede & Co. or such other name as requested by
the authorized representative of The Depository Trust Company and any payment is made to
Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof,
Cede & Co., has an interest herein.
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
Insert Social Security or Other Identifying Number of Assignee
(Name and Address of Assignee)
the within Bond and does hereby irrevocably constitute and appoint
, as attorneys to register the transfer of the said Bond on the
books kept for registration thereof with full power of substitution in the premises.
Dated:
Signature guaranteed:
NOTICE: Signature must be guaranteed by
an institution which is a participant in the
Securities Transfer Agent Medallion
Program (STAMP) or similar program.
19
NOTICE: The signature to this assignment
must correspond with the name of the
Registered Holder as it appears upon the
face of the within Bond in every particular,
without alteration or enlargement or any
change whatever and the Social Security or
other identifying number of such assignee
must be supplied.
The following abbreviations, when used in the inscription on the face.of the within Bond,
shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM -- as tenants in common
TEN ENT -- as tenants by the entireties
JT TEN -- as joint tenants with right of
survivorship and not as tenants
in common
UNIF TRANS MIN ACT --
(Cust.)
Custodian for
under Uniform Transfers to Minors Act of
(State)
Additional abbreviations may also be used though not in list above.
20
ARTICLE III
REDEMPTION OF BONDS
SECTION 3.01. PRIVILEGE OF REDEMPTION. (A) The terms of this Article
III shall apply to redemption of Bonds.
(B) The Bonds shall be subject to such optional and mandatory sinking fund
redemption provisions as are set forth in the Purchase Contract.
SECTION 3.02. SELECTION OF BONDS TO BE REDEEMED. The Bonds
shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof.
The Issuer shall, at least 45 days prior to the redemption date (unless a shorter time period shall
be satisfactory to the Registrar), notify the Registrar of such redemption date and of the principal
amount of Bonds to be redeemed. For purposes of any redemption of less than all of the
Outstanding Bonds of a single maturity, the particular Bonds or portions of Bonds to be
redeemed shall be selected not more than 45 days and not less than 35 days prior to the
redemption date by the Registrar from the Outstanding Bonds of the maturity or maturities
designated by the Issuer by such method as the Registrar shall deem fair and appropriate and
which may provide for the selection for redemption of Bonds or portions of Bonds in principal
amounts of $5,000 and integral multiples thereof.
SECTION 3.03. NOTICE OF REDEMPTION. Notice of such redemption,
which shall specify the Bond or Bonds (or portions thereof) to be redeemed and the date and
place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be
filed with the Paying Agent of such Bonds, and (B) shall be mailed first class, postage prepaid,
not less than 30 days nor more than 45 days prior to the redemption date to all Holders of Bonds
to be redeemed at their addresses as they appear on the registration books kept by the Registrar
as of the date of mailing of such notice. In addition to the making of the notice described above,
the Registrar shall give additional notice of the redemption of Bonds in accordance with any
regulation or release of the Municipal Securities Rulemaking Board or governmental agency or
body from time to time applicable to such Bonds. Failure to mail such notice, or any defect
therein, shall not affect the proceedings for redemption of Bonds as to which no such failure or
defect has occurred. Such notice shall also be mailed to the Insurer, if any, of such redeemed
Bonds. Failure of any Holder to receive any notice mailed as herein provided shall not affect the
proceedings for redemption of such Holder's Bonds.
Each notice of redemption shall state: (1) the CUSIP numbers and any other
distinguishing number or letter of all Bonds being redeemed, (2) the original issue date of such
Bonds, (3) the maturity date and rate of interest borne by each Bond being redeemed, (4) the
redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less
than all Outstanding Bonds are to be redeemed, the certificate number (and, in the case of a
partial redemption of any Bond, the principal amount) of each Bond to be redeemed, (8) that on
such redemption date there shall become due and payable upon each Bond to be redeemed the
Redemption Price thereof, or the Redemption Price of the specified portions of the principal
thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon
to the redemption date, and that from and after such date interest thereon shall cease to accrue
21
and be payable, (9) that the Bonds to be redeemed, whether as a whole or in part, are to be
surrendered for payment of the Redemption Price at the designated office of the Registrar at an
address specified, (10) the name and telephone number of a person designated by the Registrar to
be responsible for such redemption, (11) unless sufficient funds have been set aside by the Issuer
for such purpose prior to the mailing of the notice of redemption, that such redemption is
conditioned upon the deposit of sufficient funds for such purpose on or prior to the date set for
redemption, and (12) any other conditions that must be satisfied prior to such redemption.
The Issuer may provide that a redemption will be contingent upon the occurrence of
certain conditions and that if such conditions do not occur the notice of redemption will be
rescinded, provided notice of rescission shall be mailed in the manner described above to all
affected Bondholders not later than three business days prior to the date of redemption.
SECTION 3.04. REDEMPTION OF PORTIONS OF BONDS. Any Bond which
is to be redeemed only in part shall be surrendered at any place of payment specified in the
notice of redemption (with due endorsement by, or written instrument of transfer in form
satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized
in writing) and the Issuer shall execute and the Registrar shall authenticate and deliver to the
Holder of such Bond, without service charge, a new Bond or Bonds, of any authorized
denomination, as requested by such Holder in an aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bonds so surrendered.
SECTION 3.05. PAYMENT OF REDEEMED BONDS. Notice of redemption
having been given substantially as aforesaid, the Bonds or portions of Bonds to be redeemed
shall, on the redemption date, become due and payable at the Redemption Price therein specified,
and from and after such date (unless the Issuer shall default in the payment of the Redemption
Price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such
Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Registrar
and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds
which have been redeemed shall be cancelled and destroyed by the Registrar and shall not be
reissued.
22
ARTICLE IV
SECURITY; FUNDS; COVENANTS OF THE ISSUERS
SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The
Bonds shall not be or constitute general obligations or indebtedness of the Issuer as "bonds"
within the meaning of any constitutional or statutory provision, but shall be special obligations of
the Issuer, payable solely from amounts budgeted and appropriated by the Issuer from Non -Ad
Valorem Revenues in accordance with Section 4.06 hereof. No Holder of any Bond shall ever
have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be
entitled to payment of such Bond from any moneys of the Issuer except from the Non -Ad
Valorem Revenues in the manner and to the extent provided herein.
SECTION 4.02. SECURITY FOR BONDS. The payment of the principal of or
Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith equally and
ratably by a covenant to budget and appropriate Non -Ad Valorem Revenues described in Section
4.06 hereof.
SECTION 4.03. PROJECT FUND. The Issuer covenants and agrees to establish a
separate fund, to be known as the "St. Lucie County, Florida Non -Ad Valorem Revenue Bonds,
Series 2017A Project Fund," which shall be used only for payment of the Costs of the Project.
Moneys in the Project Fund, until applied in payment of any item of the Cost of the Project in the
manner hereinafter provided, shall be held in trust by the Issuer and shall be subject to a lien and
charge in favor of the Holders of the Bonds and for the further security of such Holders. There
shall be paid into the Project Fund the amounts required to be so paid by the provisions of this
Resolution or a Supplemental Resolution.
The Issuer covenants that the acquisition, construction and installation of the Project will
be completed without delay and in accordance with sound engineering practices. The Issuer
shall make disbursements or payments from the Project Fund to pay the Cost of the Project upon
the filing with the Clerk of documents and/or certificates signed by an Authorized Issuer Officer,
stating with respect to each disbursement or payment to be made: (1) the item number of the
payment, (2) the name and address of the Person to whom payment is due, (3) the amount to be
paid, (4) the purpose, by general classification, for which payment is to be made, and (5) that (A)
each obligation, item of cost or expense mentioned therein has been properly incurred, is in
payment of a part of the Cost of the Project and is a proper charge against the Project Fund and
has not been the basis of any previous disbursement or payment, or (B) each obligation, item of
cost or expense mentioned therein has been paid by the Issuer, is a reimbursement of a part of the
Cost of the Project, is a proper charge against the Project Fund, has not been theretofore
reimbursed to the Issuer or otherwise been the basis of any previous disbursement or payment
and the Issuer is entitled to reimbursement thereof. The Clerk shall retain all such documents
and/or certificates of the Authorized Issuer Officer for seven (7) years from the dates of such
documents and/or certificates. The Clerk shall make available the documents and/or certificates
at all reasonable times for inspection by any Holder of any of the Bonds or the agent or
representative of any Holder of any of the Bonds.
23
Notwithstanding any of the other provisions of this Section 4.03, to the extent that other
moneys are not available therefor, amounts in the Project Fund shall be applied to the payment of
principal and interest on Bonds when due.
The date of completion of the Project shall be determined by the Authorized Issuer
Officer, who shall certify such fact in writing to the Board. Promptly after the date of the
completion of the Project, and after paying or making provisions for the payment of all unpaid
items of the Cost of such Project, the Issuer shall deposit any balance of moneys remaining in the
Project Fund in such other fund or account established hereunder as shall be determined by the
Board, provided the Issuer has received an opinion of Bond Counsel to the effect that such
transfer shall not adversely affect the exclusion, if any, of interest on the Bonds from gross
income for purposes of federal income taxation.
SECTION 4.04. COVENANT TO BUDGET AND APPROPRIATE;
PAYMENT OF BONDS. The Issuer covenants and agrees to appropriate in its annual budget,
by amendment, if necessary, from Non -Ad Valorem Revenues amounts sufficient to pay
principal of and interest on the Bonds when due. Such covenant and agreement on the part of the
Issuer to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be
cumulative to the extent not paid, and shall continue until such Non -Ad Valorem Revenues or
other legally available funds in amounts sufficient to make all such required payments shall have
been budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the
Issuer, the Issuer does not covenant to maintain any services or programs, now provided or
maintained by the Issuer, which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the Issuer from pledging in the future its Non -
Ad Valorem Revenues, nor does it require the Issuer to levy and collect any particular Non -Ad
Valorem Revenues, nor does it give the Bondholders a prior claim on the Non -Ad Valorem
Revenues as opposed to claims of general creditors of the Issuer. Such covenant to appropriate
Non -Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a
pledge of such Non -Ad Valorem Revenues heretofore or hereafter entered into (including the
payment of debt service on bonds and other debt instruments). However, the covenant to budget
and appropriate for the purposes and in the manner stated herein shall have the effect of making
available for the payment of the Bonds, in the manner described herein, Non -Ad Valorem
Revenues and placing on the Issuer a positive duty to appropriate and budget, by amendment, if
necessary, amounts sufficient to meet its obligations hereunder; subject, however, in all respects
to the payment of Essential Expenditures.
The Issuer covenants and agrees to transfer to the Paying Agent for the Bonds, solely
from funds budgeted and appropriated as described in this Section 4.04, at least three business
days prior to the date designated for payment of any principal of or interest on the Bonds,
sufficient moneys to pay such principal or interest. The Registrar and Paying Agent shall utilize
such moneys for payment of the principal and interest on the Bonds when due.
SECTION 4.05. ISSUANCE OF OTHER OBLIGATIONS. Except for the
Bonds, the Issuer will not issue any additional obligations payable from the Non -Ad Valorem
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Revenues, nor voluntarily create or cause to be created any debt, lien, pledge, assignment,
encumbrance or other charge against the Non -Ad Valorem Revenues, or any part thereof, except
as set out below.
No additional indebtedness payable from or secured by Non -Ad Valorem Revenues shall
be issued by the Issuer unless the average of the annual Net Non -Ad Valorem Revenues
Available For Debt Service for the prior two Fiscal Years equals at least 150% of the Maximum
Annual Debt Service on all Debt payable from such Non -Ad Valorem Revenues.
In the event any additional obligations are issued for the purpose of refunding any Debt
then outstanding, the conditions of this Section 4.05 shall not apply, provided that the issuance of
such additional obligations shall result in a reduction of the aggregate Debt Service on the
applicable Debt.
SECTION 4.06. INVESTMENTS. The Project Fund shall be continuously
secured in the manner by which the deposit of public funds are authorized to be secured by the
laws of the State. Moneys on deposit in the Project Fund may be invested and reinvested in
Authorized Investments maturing not later than the date on which the moneys therein will be
needed for the purposes of such Fund.
Any and all income received by the Issuer from the investment of moneys in the Project
Fund shall be retained therein. All investments shall be valued at the lower of market value
(exclusive of accrued interest) and cost.
Nothing contained in this Resolution shall prevent any Authorized Investments acquired
as investments of or security for funds held under this Resolution from being issued or held in
book -entry form on the books of the Department of the Treasury of the United States.
SECTION 4.07. SEPARATE ACCOUNTS. The moneys required to be accounted
for in each of the foregoing funds established herein may be deposited in a single bank account,
and funds allocated to the various funds established herein may be invested in a common
investment pool, provided that adequate accounting records are maintained to reflect and control
the restricted allocation of the moneys on deposit therein and such investments for the various
purposes of such funds as herein provided.
The designation and establishment of the various funds in and by this Resolution shall not
be construed to require the establishment of any completely independent, self -balancing funds as
such term is commonly defined and used in governmental accounting, but rather is intended
solely to constitute an earmarking of certain revenues for certain purposes and to establish
certain priorities for application of such revenues as herein provided.
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ARTICLE V
COVENANTS
SECTION 5.01. GENERAL. The Issuer hereby makes the following covenants, in
addition to all other covenants in this Resolution, with each and every successive Holder of any
of the Bonds so long as any of said Bonds remain Outstanding.
SECTION 5.02. ANNUAL BUDGET. The Issuer shall annually prepare and
adopt, prior to the beginning of each Fiscal Year, an Annual Budget in accordance with
applicable law.
If for any reason the Issuer shall not have adopted the Annual Budget before the first day
of any Fiscal Year, the preliminary budget for such year shall be deemed to be in effect for such
Fiscal Year until the Annual Budget for such Fiscal Year is adopted.
The Issuer shall provide the Annual Budget to any Holder or Holders of Bonds upon
written request. The Issuer shall be permitted to make a reasonable charge for furnishing such
information to such Holder or Holders.
SECTION 5.03. ANNUAL AUDIT. The Issuer shall, immediately after the close
of each Fiscal Year, cause the books, records and accounts relating to the Issuer to be properly
audited by a recognized independent firm of certified public accountants, and shall require such
accountants to complete their report of such Annual Audit in accordance with applicable law.
Each Annual Audit shall be in conformity with generally accepted accounting principles as
applied to governmental entities.
The Issuer shall provide the Annual Audit to any Holder or Holders of Bonds upon
written request. The Issuer shall be permitted to make a reasonable charge for furnishing such
information to such Holder or Holders.
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ARTICLE VI
DEFAULTS AND REMEDIES
SECTION 6.01. EVENTS OF DEFAULT. The following events shall each
constitute an "Event of Default":
(A) Default shall be made in the payment of the principal of, Amortization
Installment, redemption premium, if any, or interest on any Bond when due. In determining
whether a payment default has occurred, no effect shall be given to payment made under the
Bond Insurance Policy, if any.
(B) There shall occur the dissolution or liquidation of the Issuer, or the filing by the
Issuer of a voluntary petition in bankruptcy, or the commission by the Issuer of any act of
bankruptcy, or adjudication of the Issuer as a bankrupt, or assignment by the Issuer for the
benefit of its creditors, or appointment of a receiver for the Issuer, or the entry by the Issuer into
an agreement of composition with its creditors, or the approval by a court of competent
jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization
instituted under the provisions of the Federal Bankruptcy Act, as amended, or under any similar
act in any jurisdiction which may now be in effect or hereafter enacted.
(C) The Issuer shall default in the due and punctual performance of any other of the
covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on
the part of the Issuer to be performed, and such default shall continue for a period of 30 days
after written notice of such default shall have been received from the Holders of not less than
25% of the aggregate principal amount of Bonds Outstanding. Notwithstanding the foregoing,
the Issuer shall not be deemed to be in default hereunder if such default can be cured within a
reasonable period of time and if the Issuer in good faith institutes appropriate curative action and
diligently pursues such action until default has been corrected; provided, however, no such
curative action shall exceed 60 days without the prior written consent of the Insurer, if any.
The Issuer shall provide the Holders with immediate notice of any Event of Default
described in Section 6.01(A) hereof and notice of any other Default occurring hereunder within
thirty (30) days of the occurrence thereof.
SECTION 6.02. REMEDIES. Any Holder of Bonds issued under the provisions of
this Resolution or any trustee or receiver acting for such Bondholders may either at law or in
equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction,
protect and enforce any and all rights under the Laws of the State of Florida, or granted and
contained in this Resolution, and may enforce and compel the performance of all duties required
by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer
thereof; provided, however, that no Holder, trustee or receiver shall have the right to declare the
Bonds immediately due and payable.
The Holder or Holders of Bonds in an aggregate principal amount of not less than 25% of
the Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for
Holders of Bonds issued pursuant to this Resolution with authority to represent such
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Bondholders in any legal proceedings for the enforcement and protection of the rights of such
Bondholders, and such certificate shall be executed by such Bondholders or their duly authorized
attorneys or representatives, and shall be filed in the office of the Clerk. Notice of such
appointment, together with evidence of the requisite signatures of the Holders of not less than
25% in aggregate principal amount of Bonds Outstanding and the trust instrument under which
the trustee shall have agreed to serve, shall be filed with the Issuer and the trustee and notice of
such appointment shall be given to all Holders of Bonds in the same manner as notices of
redemption are given hereunder. After the appointment of the first trustee hereunder, no further
trustees may be appointed; however, the Holders of a majority in aggregate principal amount of
all the Bonds then Outstanding may remove the trustee initially appointed and appoint a
successor and subsequent successors at any time.
SECTION 6.03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL
PROCEEDINGS. The Holders of a majority in principal amount of the Bonds then
Outstanding (or the Insurer, if any, insuring any then Outstanding Bonds so long as such Insurer
is not in payment default under its Bond Insurance Policy) have the right, by an instrument or
concurrent instruments in writing executed and delivered to the trustee, to direct the method and
place of conducting all remedial proceedings to be taken by the trustee hereunder with respect to
the Bonds owned by such Holders or insured by the Insurer, if any, provided that such direction
shall not be otherwise than in accordance with law or the provisions hereof (including the
prohibition contained in Section 6.02 hereof on declaring the Bonds immediately due and
payable), and that the trustee shall have the right to decline to follow any direction which in the
opinion of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such
direction.
SECTION 6.04. REMEDIES CUMULATIVE. No remedy herein conferred upon
or reserved to the Bondholders is intended to be exclusive of any other remedy or remedies, and
each and every such remedy shall be cumulative, and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute.
SECTION 6.05. WAIVER OF DEFAULT. No delay or omission of any
Bondholder to exercise any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver of any such default, or an acquiescence therein; and
every power and remedy given by Section 6.02 to the Bondholders may be exercised from time
to time, and as often as may be deemed expedient.
SECTION 6.06. APPLICATION OF MONEYS AFTER DEFAULT. If an
Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or
receiver appointed for the purpose shall apply all moneys received from the Issuer for payment
of the Bonds as follows and in the following order:
(A) To the payment of the reasonable and proper charges, expenses and liabilities of
the trustee or receiver and Registrar hereunder;
(B) To the payment of the interest and principal or Redemption Price, if applicable,
then due on the Bonds, as follows:
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(1) Unless the principal of all the Bonds shall have become due and payable,
all such moneys shall be applied:
FIRST: to the payment to the Persons entitled thereto of all
installments of interest then due, in the order of the maturity of such
installments, and, if the amount available shall not be sufficient to pay in
full any particular installment, then to the payment ratably, according to
the amounts due on such installment, to the Persons entitled thereto,
without any discrimination or preference;
SECOND: to the payment to the Persons entitled thereto of the unpaid
principal of any of the Bonds which shall have become due at maturity or
upon mandatory redemption prior to maturity (other than Bonds called for
redemption for the payment of which moneys are held pursuant to the
provisions of Section 8.01 of this Resolution), in the order of their due
dates, with interest upon such Bonds from the respective dates upon which
they became due, and, if the amount available shall not be sufficient to pay
in full Bonds due on any particular date, together with such interest, then
to the payment first of such interest, ratably according to the amount of
such interest due on such date, and then to the payment of such principal,
ratably according to the amount of such principal due on such date, to the
Persons entitled thereto without any discrimination or preference; and
THIRD: to the payment of the Redemption Price of any Bonds
called for optional redemption pursuant to the provisions of this
Resolution.
(2) If the principal of all the Bonds shall have become due and payable, all
such moneys shall be applied to the payment of the principal and interest then due and
unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority
of principal over interest or of interest over principal, or of any installment of interest
over any other installment of interest, or of any Bond over any other Bond, ratably,
according to the amounts due respectively for principal and interest, to the Persons
entitled thereto without any discrimination or preference.
(C) To the payment of all amounts owed to the Insurer not covered by (A) or (B)
above.
SECTION 6.07. CONTROL BY INSURER. If the Bonds or any portion thereof
(the "Insured Bonds") are insured by the Bond Insurance Policy, to the extent the Insurer makes
any payment of principal of or interest on Insured Bonds in accordance with the Bond Insurance
Policy, such Insurer shall become subrogated to the rights of the recipients of such payments in
accordance with the terms of the Bond Insurance Policy. Upon the occurrence and continuance
of an Event of Default, the Insurer, if it shall not be in payment default under the Bond Insurance
Policy, shall be deemed to be the sole owner of such Insured Bonds for purposes of (A) directing
and controlling the enforcement of all rights and remedies with respect to the Insured Bonds,
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including any waiver of an Event of Default and removal of any trustee, and (B) exercising any
voting right or privilege or giving any consent or direction or taking any other action that the
Holders of such Insured Bonds are entitled to take pursuant to this Article VI. No provision
expressly recognizing or granting rights in or to the Insurer shall be modified without the consent
of the Insurer. The Insurer's rights under this Section 6.07 shall be suspended during any period
in which the Insurer is in default in its payment obligations under the Bond Insurance Policy
(except to the extent of amounts previously paid by the Insurer and due and owing to it) and shall
be of no force or effect if the Bond Insurance Policy is no longer in effect or if the Insurer asserts
that the Bond Insurance Policy is not in effect or if the Insurer waives such rights in writing. The
rights granted to the Insurer under this Section 6.07 are granted in consideration of the Insurer
issuing the Bond Insurance Policy. The Issuer shall provide the Insurer immediate notice of any
Event of Default described in Section 6.01(A) hereof and notice of any other Event of Default
occurring hereunder within 30 days of the occurrence thereof. The Insurer hereunder shall be
considered a third -party beneficiary to the Resolution with respect to the Insured Bonds.
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ARTICLE VII
SUPPLEMENTAL RESOLUTIONS
SECTION 7.01. SUPPLEMENTAL RESOLUTION WITHOUT
BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such
Supplemental Resolutions without the consent of the Bondholders (which Supplemental
Resolution shall thereafter form a part hereof) for any of the following purposes:
(A) To cure any ambiguity or formal defect or omission or to correct any immaterial
inconsistent provisions in this Resolution or to clarify any matters or questions arising hereunder.
(B) To grant to or confer upon the Bondholders any additional rights, remedies,
powers, authority or security that may lawfully be granted to or conferred upon the Bondholders.
(C) To add to the conditions, limitations and restrictions on the issuance of Bonds
under the provisions of this Resolution other conditions, limitations and restrictions thereafter to
be observed.
(D) To add to the covenants and agreements of the Issuer in this Resolution other
covenants and agreements thereafter to be observed by the Issuer or to surrender any right or
power herein reserved to or conferred upon the Issuer.
(E) To specify and determine the matters and things referred to in Section 2.01 hereof
and also any other matters and things relative to such Bonds which are not contrary to or
inconsistent with this Resolution as theretofore in effect, or to amend, modify or rescind any
such authorization, specification or determination at any time prior to the first delivery of the
Bonds.
(F) To make any other change that, in the reasonable opinion of the Issuer, would not
materially adversely affect the interests of the Holders of the Bonds. In making such
determination, the Issuer shall not take into consideration the Bond Insurance Policy, if any.
SECTION 7.02. SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS'
AND INSURER'S CONSENT. Subject to the terms and provisions contained in this Section
7.02 and Sections 7.01 and 7.03 hereof, the Holder or Holders of not less than a majority in
aggregate principal amount of the Bonds then Outstanding shall have the right, from time to
time, anything contained in this Resolution to the contrary notwithstanding, to consent to and
approve the adoption of such Supplemental Resolutions hereto as shall be deemed necessary or
desirable by the Issuer for the purpose of supplementing, modifying, altering, amending, adding
to or rescinding, in any particular, any of the terms or provisions contained in this Resolution;
provided, however, that if such modification or amendment will, by its terms, not take effect so
long as any Bonds of any specified maturity remain Outstanding, the consent of the Holders of
such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the
purpose of any calculation of Outstanding Bonds under this Section 7.02. Any Supplemental
Resolution which is adopted in accordance with the provisions of this Section 7.02 shall also
require the written consent of the Insurer, if any, of Bonds which are Outstanding at the time
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such Supplemental Resolution shall take effect. No Supplemental Resolution may be approved
or adopted which shall permit or require, without the consent of all affected Bondholders, (A) an
extension of the maturity of the principal of or the payment of the interest on any Bond issued
hereunder, (B) reduction in the principal amount of any Bond or the Redemption Price or the rate
of interest thereon, (C) a preference or priority of any Bond or Bonds over any other Bond or
Bonds, or (D) a reduction in the aggregate principal amount of the Bonds required for consent to
such Supplemental Resolution. Nothing herein contained, however, shall be construed as
making necessary the approval by Bondholders or the Insurer, if any, of the adoption of any
Supplemental Resolution as authorized in Section 7.01 hereof.
If at any time the Issuer shall determine that it is necessary or desirable to adopt any
Supplemental Resolution pursuant to this Section 7.02, the Clerk shall cause the Registrar to give
notice of the proposed adoption of such Supplemental Resolution and the form of consent to
such adoption to be mailed, postage prepaid, to all Bondholders at their addresses as they appear
on the registration books. Such notice shall briefly set forth the nature of the proposed
Supplemental Resolution and shall state that copies thereof are on file at the offices of the Clerk
and the Registrar for inspection by all Bondholders. The Issuer shall not, however, be subject to
any liability to any Bondholder by reason of its failure to cause the notice required by this
Section 7.02 to be mailed, and any such failure shall not affect the validity of such Supplemental
Resolution when consented to and approved as provided in this Section 7.02.
Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing
purporting to be executed by the Holders of not less than a majority in aggregate principal
amount of the Bonds then Outstanding, which instrument or instruments shall refer to the
proposed Supplemental Resolution described in such notice and shall specifically consent to and
approve the adoption thereof in substantially the form of the copy thereof referred to in such
notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in
substantially such form, without liability or responsibility to any Holder of any Bond, whether or
not such Holder shall have consented thereto.
If the Holders of not less than a majority in aggregate principal amount of the Bonds
Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to
and approved the adoption thereof as herein provided, no Holder of any Bond shall have any
right to object to the adoption of such Supplemental Resolution, or to object to any of the terms
and provisions contained therein or the operation thereof, or in any manner to question the
propriety of the adoption thereof, or to enjoin or restrain the Issuer from adopting the same or
from taking any action pursuant to the provisions thereof.
Upon the adoption of any Supplemental Resolution pursuant to the provisions of this
Section 7.02, this Resolution shall be deemed to be modified and amended in accordance
therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and
all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in
all respects under the provisions of this Resolution as so modified and amended.
SECTION 7.03. AMENDMENT WITH CONSENT OF INSURER ONLY. For
purposes of amending this Resolution pursuant to Section 7.02 hereof, so long as the Insurer is
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not in default in its payment obligations under the Bond Insurance Policy (except to the extent of
amounts previously paid by the Insurer and owing to it) the Insurer, if any, of Bonds shall be
considered the Holder of such Insured Bonds which it has insured. The consent of the Holders of
such Insured Bonds shall not be required if the Insurer of such Insured Bonds shall consent to the
amendment as provided by this Section 7.03. Prior to adoption of any amendment made
pursuant to this Section 7.03, notice of such amendment shall be delivered to the Rating
Agencies then rating the Bonds. Upon filing with the Clerk of evidence of such consent the
Insurer as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by
the Issuer of such Supplemental Resolution, notice thereof shall be mailed in the same manner as
notices of an amendment under Section 7.02 hereof.
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ARTICLE VIII
DEFEASANCE
SECTION 8.01. DEFEASANCE. If the Issuer shall pay or cause to be paid or
there shall otherwise be paid to the Holders of any Bonds, the principal and interest or
Redemption Price due or to become due thereon, at the times and in the manner stipulated
therein and in this Resolution, all covenants, agreements and other obligations of the Issuer to the
holders of such Bonds shall thereupon cease, terminate and become void and be discharged and
satisfied. In such event, the Paying Agent shall pay over or deliver to the Issuer all money or
securities held by it pursuant to this Resolution which are not required for payment or
redemption of any Bonds not theretofore surrendered for such payment or redemption.
Any Bonds or interest installments appertaining thereto shall be deemed to have been
paid within the meaning of this Section 8.01 if (i) in case any such Bonds are to be redeemed
prior to the maturity thereof, there shall have been taken all action necessary to call such Bonds
for redemption and notice of such redemption shall have been duly given or provision shall have
been made for the giving of such notice, and (ii) there shall have been deposited in irrevocable
trust with a banking institution or trust company by or on behalf of the Issuer either moneys in an
amount which shall be sufficient, or Refunding Securities verified by an independent certified
public accountant to be in such amount that the principal of and the interest on which, when due,
will provide moneys which, together with the moneys, if any, deposited with such banking
institution or trust company at the same time shall be sufficient, to pay the principal of,
Redemption Price, if applicable and interest due and to become due on said Bonds on and prior
to the redemption date or maturity date thereof, as the case may be. Except as hereafter provided,
neither the Refunding Securities nor any moneys so deposited with such banking institution or
trust company nor any moneys received by such bank or trust company on account of principal
of or interest on said Refunding Securities shall be withdrawn or used for any purpose other than,
and all such moneys shall be held in trust for and be applied to, the payment, when due, of the
principal of or Redemption Price of the Bonds for the payment of which they were deposited and
the interest accruing thereon to the date of redemption or maturity, as the case may be; provided,
however, the Issuer may substitute new Refunding Securities and moneys for the deposited
Refunding Securities and moneys if the new Refunding Securities and moneys are sufficient to
pay the principal of and interest on or Redemption Price, if applicable, of the refunded Bonds.
If Bonds are not to be redeemed or paid within 60 days after any such defeasance
described in this Section 8.01, the Issuer shall cause the Registrar to mail a notice to the Holders
of such Bonds that the deposit required by this Section 8.01 of moneys or Refunding Securities
has been made and said Bonds are deemed to be paid in accordance with the provisions of this
Section 8.01 and stating such maturity date upon which moneys are to be available for the
payment of the principal of and interest on or redemption price of said Bonds. Failure to provide
said notice shall not affect the Bonds being deemed to have been paid in accordance with the
provisions of this Section 8.01.
Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds
for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to
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impair the discretion of the Issuer in determining whether to exercise any such option for early
redemption.
Notwithstanding anything herein to the contrary, in the event that the principal of or
interest due on the Bonds shall be paid by the Insurer, such Bonds shall remain Outstanding,
shall not be defeased or otherwise satisfied and shall not be considered paid by the Issuer, and all
covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to
exist and the Insurer shall be subrogated to the rights of such Bondholders.
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ARTICLE IX
MISCELLANEOUS
SECTION 9.01. SALE OF BONDS. Upon the delivery to the Chairman and Clerk
of a Purchase Contract substantially in the form of Exhibit A attached hereto, evidencing:
(A) Bonds in an aggregate principal amount not exceeding $26,000,000;
(B) A final maturity of such Bonds of not later than November 1, 2047;
(C) A true interest cost with respect to the Bonds of not greater than 5.50% per
annum; and
(D) An underwriting discount of not greater than $3.75 per $1,000 of Bonds;
the Bonds shall be sold to the Underwriters pursuant to the Purchase Contract at the purchase
price provided therein (including any original issue discounts or original issue premiums), all
terms and conditions set forth in said Purchase Contract being hereby approved. Upon
compliance with the foregoing, the Chairman is hereby authorized and directed to execute said
Purchase Contract and to deliver the same to the Underwriters.
SECTION 9.02. OFFICIAL STATEMENT; CONTINUING DISCLOSURE
CERTIFICATE.
(A) The form, terms and provisions of the Official Statement, dated the date of
execution of the Purchase Contract, in substantially the form attached hereto as Exhibit B, which
shall include the terms and provisions set forth in the executed version of the Purchase Contract,
relating to the Bonds, be and the same hereby are approved with respect to the information
therein contained. The Chairman and the County Administrator, upon execution of the Purchase
Contract described above, are hereby authorized and directed to execute and deliver said Official
Statement in the name and on behalf of the County, and thereupon to cause such Official
Statement to be delivered to the Underwriters with such changes, amendments, omissions and
additions as may be approved by the Chairman. The use of the Preliminary Official Statement,
in the form attached hereto as Exhibit B, in the marketing of the Bonds is hereby authorized, and
the Official Statement, including any such changes, amendments, modifications, omissions and
additions as approved by the Chairman, and the information contained therein are hereby
authorized to be used in connection with the sale of the Bonds to the public. Execution by the
Chairman and the County Administrator of the Official Statement shall be deemed to be
conclusive evidence of approval of such changes, amendments, modifications, omissions and
additions. The Chairman and County Administrator are hereby authorized to deem the
Preliminary Official Statement "final," within the meaning of Securities and Exchange
Commission Rule 15c2-12, except for permitted omissions as described therein.
(B) In order to enable the Underwriters to comply with the provisions of SEC Rule
15c2-12 relating to secondary market disclosure, the Chairman is hereby authorized and directed
to execute and deliver the Continuing Disclosure Certificate in the name and on behalf of the
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County substantially in the form attached hereto as Exhibit C, with such changes, amendments,
omissions and additions as shall be approved by the Chairman, his execution and delivery
thereof being conclusive evidence of such approval.
SECTION 9.03. APPOINTMENT OF REGISTRAR AND PAYING AGENT.
U.S. Bank National Association, Jacksonville, Florida, is hereby designated Registrar and Paying
Agent for the Bonds. The Chairman and the Clerk are hereby authorized to enter into any
agreement which may be necessary to effect the transactions contemplated by this Section 9.03.
SECTION 9.04. PURCHASE OF BOND INSURANCE POLICY. Pursuant to
Section 2.01 hereof, the Chairman, upon advice of the County's Financial Advisor, is delegated
the authority to determine whether a Bond Insurance Policy should be purchased with respect to
all or a portion of the Bonds. In connection therewith, in the event bond insurance is so utilized,
the Issuer hereby authorizes and directs the Chairman to execute and deliver a standard insurance
agreement and a bond insurance commitment, and the Clerk to attest the same under the official
seal of the Issuer. All of the provisions of the insurance agreement, when executed and delivered
by the Issuer as authorized herein and when duly authorized, executed and delivered by the
Insurer, shall be deemed to be a part of this Resolution as fully and to the same extent as if
incorporated verbatim herein.
SECTION 9.05. DESIGNATION OF UNDERWRITERS. The County hereby
designates Citibank Global Markets Inc. as lead managing underwriter for the Bonds, and Wells
Fargo Bank, National Association, as co -manager, pursuant to the recommendation of the
County's Financial Advisor attached hereto as Exhibit D.
SECTION 9.06. GENERAL AUTHORITY. The members of the Board of
County Commissioners of the Issuer and the officers, attorneys and other agents or employees of
the Issuer and the Clerk are hereby authorized to do all acts and things required of them by this
Resolution, or desirable or consistent with the requirements hereof, including the execution of
such documents necessary to establish a book -entry system of registration with respect to the
Bonds, for the full punctual and complete performance hereof or thereof. Each member,
employee, attorney and officer of the Issuer is hereby authorized and directed to execute and
deliver any and all papers and instruments and to be and cause to be done any and all acts and
things necessary or proper for carrying out the transactions contemplated hereunder. The
Chairman and/or the Clerk are hereby authorized to execute such tax forms or agreements as
shall be necessary to effect the transactions contemplated hereby, including designating Bond
Counsel to assist or act as agent with respect thereto.
SECTION 9.07. SEVERABILITY OF INVALID PROVISIONS. If any one or
more of the covenants, agreements or provisions of this Resolution shall be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable from
the remaining covenants, agreements and provisions of this Resolution and shall in no way affect
the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued
hereunder.
37
SECTION 9.08. REPEAL OF INCONSISTENT RESOLUTIONS. All
ordinances, resolutions or parts thereof in conflict herewith are hereby superseded and repealed
to the extent of such conflict.
SECTION 9.09. EFFECTIVE DATE. This Resolution shall become effective
immediately upon its passage and adoption.
PASSED AND DULY ADOPTED this 7"' day of November, 2017.
(SEAL)
ATTEST:
the 'rcuit Court, ex officio Clerk
Of heBoarddof County Commissioners
ST. LUCIE COUNTY, FLORIDA
Chairman, B and of Cou Commissioners
39
EXHIBIT A
FORM OF BOND PURCHASE CONTRACT
A-1
DRAFT -2
GrayRobinson, P.A.
October 25, 2017
BOND PURCHASE CONTRACT
, 2017
RE: $ St. Lucie County, Florida Taxable Non -Ad Valorem
Revenue Bonds, Series 2017A
Board of County Commissioners of
St Lucie County, Florida
Fort Pierce, Florida
Ladies and Gentlemen:
The undersigned, Citigroup Global Markets Inc. (the "Representative"), on behalf of
itself and Wells Fargo Bank, National Association (collectively, the "Underwriters"), jointly and
severally, hereby offer to purchase all of the Bonds (as hereinafter defined) from St. Lucie
County, Florida (the "Issuer"), subject to the acceptance of this offer by the Issuer on or before
12:00 P.M. (New York, New York time), on the date hereof, which offer, upon acceptance by the
Issuer, will be binding upon the Issuer and upon the Underwriters. The Representative hereby
warrants that it is duly authorized to execute this Purchase Contract on behalf of the
Underwriters and has been duly authorized to act hereunder in connection with the purchase of
the Bonds.
SECTION 1. Definitions: The following terms shall have the following meanings in
this Purchase Contract unless another meaning is plainly intended, and capitalized terms not
otherwise defined herein have the meanings ascribed to them in the hereinafter defined Bond
Resolution:
"Bond Counsel" means Nabors, Giblin & Nickerson, P.A.
"Bond Resolution" means the Bond Resolution adopted ,2017 by the Issuer
in connection with the Bonds.
"Bonds" means the $ St. Lucie County, Florida Taxable Non -Ad Valorem
Revenue Bonds, Series 2017A.
"Closing" refers to the transaction at which the Bonds are delivered by the Issuer to the
Underwriters and paid for by the Underwriters pursuant to this Purchase Contract, as further
described in Section 4 hereof.
"Closing Documents" means the documents described in Section 5 hereof, which are
required to be delivered to the Underwriters at the Closing.
"Code" means the Internal Revenue Code of 1986, as amended, together with the
regulations thereunder.
"Continuing Disclosure Certificate" means, the Continuing Disclosure Certificate,
dated as of , 2017, of the Issuer.
"County Attorney" means Daniel S. McIntyre, County Attorney.
"Disclosure Counsel" means Bryant Miller Olive P.A.
"Issuer" means St. Lucie County, Florida.
"Letter" means the Blanket Letter of Representations between the Issuer and The
Depository Trust Company, relating to the global book -entry system for ownership of beneficial
interests in the Bonds.
"Official Statement" means the Official Statement of the Issuer with respect to the
Bonds, substantially in the form of the Preliminary Official Statement, including the cover page,
inside cover page and all appendices, exhibits and statements included therein or attached
thereto, and all supplements thereto, with such changes as shall be necessary to conform to the
terms of this Purchase Contract and shall be approved by the Underwriters and the Issuer.
"Preliminary Official Statement" means the Preliminary Official Statement dated
, 2017 of the Issuer with respect to the Bonds, including the cover page, inside cover
page and all appendices, exhibits and statements included therein or attached thereto.
"Purchase Contract" means this Bond Purchase Contract between the Underwriters and
the Issuer.
"Representative" means Citigroup Global Markets Inc., as representative of the
Underwriters.
"State" means the State of Florida.
"Underwriters" means, collectively, Citigroup Global Markets Inc. and Wells Fargo
Bank, National Association
"Underwriters' Counsel" means GrayRobinson, P.A..
SECTION 2. Purchase and Sale of the Bonds. Upon the terms and conditions
contained herein and upon the basis of the representations herein set forth, the Underwriters will
purchase and the Issuer will sell, all, but not less than all, of the Bonds at an aggregate purchase
price of $ The foregoing purchase price reflects $ of original issue
premium and $ of underwriting discount with respect to the Bonds.
The Bonds shall be dated their date of delivery, and shall have the maturities and bear
interest at the rates, and be sold to the public at the prices, and shall be subject to redemption on
the dates, all as set forth on Schedule A hereto.
The Bonds shall be substantially in the form described in, and shall be issued and
secured pursuant to the provisions of the Bond Resolution, as well as Chapter 125, Florida
2
Statutes, Section 288.11631, Florida Statutes, and other applicable provisions of law
(collectively, the "Act"). The Bonds and interest thereon will be payable solely from and
secured by a covenant of the Issuer, subject to certain conditions set forth in the Bond
Resolution, to budget and appropriate from Non -Ad Valorem Revenues amounts sufficient to
pay the principal of and interest on the Bonds when due.
THE BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS OR
INDEBTEDNESS OF THE ISSUER AS "BONDS" WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL
OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY FROM AMOUNTS BUDGETED
AND APPROPRIATED BY THE ISSUER FROM NON -AD VALOREM REVENUES IN
ACCORDANCE WITH THE BOND RESOLUTION. NO HOLDER OF ANY BOND SHALL
EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM
TAXING POWER TO PAY SUCH BOND, OR BE ENTITLED TO PAYMENT OF SUCH
BOND FROM ANY MONEYS OF THE ISSUER EXCEPT FROM THE NON -AD VALOREM
REVENUES IN THE MANNER AND TO THE EXTENT PROVIDED IN THE BOND
RESOLUTION.
The Underwriters agree to make an initial bona fide public offering of the Bonds at the
offering prices or yields set forth in Schedule A; provided, however, that the Underwriters
reserve the right to: (i) offer and sell the Bonds to certain dealers and others at prices lower than
such offering prices; and (ii) change such offering prices after the initial offering to such extent
as the Underwriters shall deem necessary in connection with the marketing of the Bonds.
The primary role of the Underwriters, as underwriters, is to purchase the Bonds for resale
to investors, in an arm's length commercial transaction between the Issuer and the Underwriters.
The Underwriters, as underwriters, have financial and other interests that differ from those of the
Issuer.
The Issuer (i) ratifies and approves the use by the Underwriters prior to the date hereof of
the Preliminary Official Statement in connection with the offering of the Bonds, (ii) agrees that
the Official Statement and copies of the Bond Resolution may be used by the Underwriters in the
offering of the Bonds, and (iii) agrees that it will cooperate reasonably with the Underwriters if
the Underwriters decide to qualify the Bonds under the securities act of any state except as
limited by Section 3(i) hereof. The Issuer acknowledges that it has received a copy of the
Preliminary Official Statement and has reviewed the same to its satisfaction, including the
information therein under the section "UNDERWRITING."
Delivered to the Issuer herewith by the Representative and attached hereto as Exhibit A is
a disclosure statement of the Underwriters pursuant to Section 218.385, Florida Statutes.
The Issuer hereby acknowledges receipt from the Representative of a check in the
amount of $ (the "Good Faith Check"), which Good Faith Check shall not be cashed
by the Issuer except under the circumstances set forth in this paragraph. If the Issuer does not
accept this offer, or upon the Issuer's failure (other than for a reason permitted under this
Purchase Contract) to deliver the Bonds at Closing, or if the Issuer shall be unable to satisfy the
conditions to the Underwriters' obligations contained in this Purchase Contract, or otherwise, at
3
Closing, the Issuer shall immediately return the uncashed Good Faith Check to the
Representative. If the Underwriters fail (other than for a reason permitted under this Purchase
Contract) to accept and pay for all of the Bonds at Closing, the Good Faith Check may be cashed
by the Issuer and the proceeds thereof retained by the Issuer as and for full liquidated damages
(because the amount of such damages cannot be calculated by the parties hereto) for such failure
and for any and all defaults hereunder on the part of the Underwriters, and thereupon, any claims
and rights of the Issuer hereunder against the Underwriters shall be fully released and
discharged. Accordingly, the Underwriters hereby waive any right to claim that the actual
damages of the County are less than such sum, and the acceptance of this offer by the County
shall constitute a waiver of any right the County may have to additional damages from the
Underwriters.
SECTION 3. Representations, Warranties and Covenants of the Issuer. The Issuer
represents and warrants to and covenants with the Underwriters that:
(a) The Issuer is a validly existing political subdivision of the State and has, and at
the time of the Closing will have, full legal right, power and authority (i) to execute and deliver
this Purchase Contract and the Continuing Disclosure Certificate, (ii) to adopt the Bond
Resolution, (iii) to covenant and agree to budget and appropriate from its Non -Ad Valorem
Revenues to pay the principal of and interest on the Bonds and to make other payments due
under the Bond Resolution in the manner and to the extent provided in the Bond Resolution, (iv)
to sell, execute, issue and deliver the Bonds to the Underwriters pursuant to the Constitution and
laws of the State, particularly the Act and (v) to apply the proceeds of the Bonds in accordance
with the Bond Resolution and as contemplated by the Official Statement.
(b) The Issuer has (i) duly authorized and approved the execution and delivery of the
Official Statement, (ii) duly authorized and approved the execution and delivery of, and
performance by the Issuer of its obligations under the Bonds, the Continuing Disclosure
Certificate and this Purchase Contract, (iii) duly authorized and approved the performance by the
Issuer of its obligations under the Bond Resolution and the consummation by it of all other
transactions contemplated by the Official Statement to be performed by the Issuer and (iv) duly
authorized and adopted the Bond Resolution.
(c) At or prior to the Closing, the Bonds will have been duly authorized, executed and
delivered by the Issuer, and each of them and the Bond Resolution will constitute legal, valid and
binding obligations of the Issuer enforceable against the Issuer in accordance with their
respective terms, except to the extent that the enforceability thereof may be limited by
bankruptcy or other laws affecting creditors' rights generally and except that equitable remedies
lie in the discretion of the court and may not be available.
(d) As of the date hereof, the Issuer is not, and as of the date of Closing will not be, in
material breach of or in material default under any constitutional provision, applicable law or
administrative rule or regulation of the State, the United States, or of any department, division,
agency or instrumentality of either thereof or any applicable court or administrative decree or
order, or any loan agreement, note, ordinance, resolution, indenture, contract, agreement or other
instrument to which the Issuer is subject or by which the Issuer is bound, which in any material
way, directly or indirectly, affects the issuance of the Bonds or the validity thereof, the validity
4
or adoption of the Bond Resolution, or the execution and delivery of the Bonds, this Purchase
Contract, the Continuing Disclosure Certificate, the Official Statement or the other instruments
contemplated by the issuance of the Bonds to which the Issuer is or will be a party, and
compliance with the provisions of each thereof will not materially conflict with or constitute a
material breach of or material default under any constitutional provision, applicable law or
administrative rule or regulation of the State, the United States, or of any department, division,
agency or instrumentality of either thereof.
(e) The Preliminary Official Statement and the Official Statement (including the
financial and statistical data included therein and the Appendices thereto, but excluding the
information contained under the subheading "DESCRIPTION OF THE SERIES 2017A BONDS
-- Book -Entry Only System") did not as of their respective dates, and the Official Statement at
Closing will not, contain any untrue statement of a material fact or omit to state any material fact
necessary in order to make the statements therein, in light of the circumstances under which they
were made, not misleading. The financial and statistical data relating to the Issuer and the Non -
Ad Valorem Revenues and the audited financial statements of the Issuer contained in the Official
Statement fairly present, and at the Closing will fairly present, the financial condition of the
Issuer and the Non -Ad Valorem Revenues at the dates and for the periods therein specified in
conformity with generally accepted accounting principles, as modified by applicable State
requirements and the governmental accounting standards promulgated by the Governmental
Accounting Standards Board, applied on a basis substantially consistent with that of the audited
financial statements of the Issuer.
(f) The Bonds and the Bond Resolution conform to the descriptions thereof contained
in the Official Statement, and the Bonds, when delivered in accordance with the Bond Resolution
and paid for by the Underwriters at the Closing as provided herein, will be validly issued and
outstanding special obligations of the Issuer entitled to an the benefits and security of the Bond
Resolution.
(g) Except as disclosed in the Official Statement, no controversy or litigation of any
nature is now pending or, to the best of the Issuer's knowledge, threatened in any court or before
any governmental agency:
(i) restraining or enjoining, or seeking to restrain or enjoin, the issuance, sale,
execution or delivery of the Bonds, or the Issuer's covenant to budget and appropriate
from its Non -Ad Valorem Revenues to pay the principal of and interest on the Bonds and
to make other payments under the Bond Resolution to the extent and in the manner
provided under the Bond Resolution, or the execution, delivery and performance of this
Purchase Contract or the Continuing Disclosure Certificate; or
(ii) in any way contesting or affecting (a) the validity or enforceability of the
Bonds, this Purchase Contract or the Continuing Disclosure Certificate, or (b) any
proceedings of or on behalf of the Issuer taken with respect to the issuance and sale of the
Bonds, or (c) the adoption of the Bond Resolution, or (d) the title to office of the
members of the Board of County Commissioners or the existence or powers of the Issuer,
or (e) the covenant to budget and appropriate Non -Ad Valorem Revenues in the
manner and to the extent described in the Bond Resolution; or
(iii) in any manner questioning (a) the proceedings or authority for the
issuance of the Bonds, or (b) any provisions made or authorized for the payment of the
Bonds, or (c) the existence of the Issuer, or (d) the power of the Issuer to issue the Bonds,
adopt the Bond Resolution, or undertake any other transactions contemplated by the
Official Statement; or
(iv) which would have a material adverse effect upon the operations or
financial condition of the Issuer or the contemplated use of the proceeds of the Bonds
or would result in any material adverse change in the ability of the Issuer to covenant
to budget and appropriate Non -Ad Valorem Revenues in the manner and to the
extent described in the Bond Resolution or to pay debt service on the Bonds; or
(v) contesting in any way the completeness or accuracy of the Preliminary
Official Statement or the Official Statement, or any amendment or supplement
thereto.
(h) None of the Issuer's proceedings or authority for the issuance, sale, execution and
delivery of the Bonds, or the execution and delivery of this Purchase Contract, the Continuing
Disclosure Certificate or the adoption of the Bond Resolution, has been repealed, modified,
amended, revoked or rescinded.
(i) The Issuer will furnish such information, execute such instruments and take such
other action in cooperation with the Underwriters, as the Underwriters may reasonably request,
to qualify the Bonds for offer and sale under the "blue sky" or securities laws and regulations of
such states and other jurisdictions of the United States as the Underwriters may designate,
provided that, in connection therewith, the Issuer shall not be required to file a general consent to
service of process or qualify to do business in any jurisdiction or become subject to service of
process in any jurisdiction in which the Issuer is not now subject to such service.
0) The Issuer will apply the proceeds of the Bonds in accordance with the Bond
Resolution and as contemplated by the Official Statement.
(k) All approvals, consents, authorizations, elections and orders of, or filings or
registrations with, any governmental authority, legislative body, board, agency or commission
having jurisdiction which would constitute a condition precedent to, or the absence of which
would materially adversely affect: (i) the issuance and sale to the Underwriters of the Bonds; or
(ii) the execution and delivery by the Issuer of, or the performance by it of its obligations under
the Bonds, the Bond Resolution, the Continuing Disclosure Certificate and this Purchase
Contract have been obtained and are in full force and effect; except that the Issuer is not
responsible for such approvals, consents, orders or other action as may be required under the
securities laws of any state in connection with the offering and sale of the Bonds.
(1) The Issuer has not, since December 31, 1975, been in default as to principal and
interest on bonds, or other debt obligations to which revenues of the Issuer are pledged; and with
respect to bonds or other debt obligations as to which the Issuer has served only as a conduit
issuer, to the extent any of such bonds or other debt obligations are in default as to principal
and/or interest, the obligation of the Issuer thereunder is limited solely to payment from funds
Al
received by the party on whose behalf such bonds or other debt obligations were issued, and the
Issuer is not obligated to pay the principal of or interest on such bonds or other debt obligations
from any funds of the Issuer. In regard to the latter, although the Issuer has not undertaken an
independent review or investigation of such bonds or other obligations for which it served only
as conduit issuer, the Issuer in good faith believes the disclosure of such defaults or
investigations would not be considered material by a reasonable investor in the Bonds.
(m) Any certificate signed by the Chairman or Vice Chairman of the Board of County
Commissioners or other authorized official of the Issuer shall be deemed a representation,
warranty and covenant by the Issuer to the Underwriters as to the statements made therein.
(n) All proceedings of the Board of County Commissioners relating to the adoption of
the Bond Resolution, the covenant to budget and appropriate Non -Ad Valorem Revenues to pay
principal of and interest on the Bonds and other payments due under the Bond Resolution to the
extent and in the manner set forth in the Bond Resolution, and the approval and authorization of
the issuance and sale of the Bonds, the execution of this Purchase Contract, the Continuing
Disclosure Certificate and the Official Statement were conducted at duly convened public
meetings of the Board of County Commissioners with respect to which all requisite notices were
duly given to the public and at which meetings quorums were at all times present.
(o) Except as disclosed in the Official Statement, the Issuer has not failed to comply
in the prior five (5) years with any undertakings to provide continuing disclosure pursuant to the
Rule 15c2-12 under the Securities Exchange Act ("Rule 15c2-12");
(p) The Issuer has procedures in place to ensure compliance with its undertakings to
provide secondary market disclosure in accordance with paragraph (b)(5) of Rule 15c2-12.
(q) As of the date hereof and at the time of Closing, the Issuer will be in compliance
in all respects with the covenants and agreements contained in the Bond Resolution and no event
of default and no event which, with the lapse of time or giving of notice, or both, would
constitute an event of default under the Bond Resolution will have occurred or be continuing.
(r) The Issuer hereby acknowledges that it has deemed the Preliminary Official
Statement final for purposes of Rule 15c2-12, as of its date, except for certain permitted
omissions in connection with the pricing of the Bonds as permitted by Rule 15c2-12.
(s) Subsequent to the respective dates as of which information is given in the
Preliminary Official Statement, and prior to the date of Closing, except as set forth in or
contemplated by the Official Statement, unless consented to by the Underwriters, (1) there has
not been and will not have been any material increase in the long-term debt payable from Non -
Ad Valorem Revenues, (2) there has not been and will not have been any material adverse
change in the business or financial position or results of operations of the Issuer, (3) no loss or
damage (whether or not insured) to the property of the Issuer has been or will have been
sustained which materially and adversely affects the operations of the Issuer, and (4) no legal or
governmental proceeding affecting the Issuer or the transactions contemplated by this Purchase
Contract has been or will have been instituted or threatened which is material.
►1
(t) Relating to any tax-exempt bonds previously issued by the Issuer, to the best
knowledge of the Issuer, there is no unfunded materially significant rebate liability owed to the
Internal Revenue Service.
(u) Since September 30, 2016, the end of the last fiscal year in which the Issuer's
financial statements have been audited, there has been no material adverse change in the
financial position and results of operations of the Issuer, and the Issuer has not incurred any
material liabilities other than in the ordinary course of business, except as set forth in the Official
Statement.
(v) Neither the Issuer nor anyone acting on its behalf has, directly or indirectly,
offered the Bonds for sale to, or solicited any offer to buy the same from, anyone other than the
Underwriters.
(w) The Issuer has previously delivered to the Underwriters for review copies of the
Preliminary Official Statement. As of its date, the Preliminary Official Statement was deemed
final by the Issuer except for the omission of such information permitted to be excluded by
Section (b)(1) of Rule 15c2-12. The Official Statement shall be provided for distribution, at the
expense of the Issuer, in such quantity as may be requested by the Underwriters no later than the
earlier of (i) seven (7) business days after the date of this Purchase Contract or (ii) one (1)
business day prior to the date of the Closing, in order to permit the Underwriters to comply with
Rule 15c2-12 of the Securities and Exchange Commission ("SEC"), and the applicable rules of
the Municipal Securities Rulemaking Board (the "MSRB"), with respect to distribution of the
Official Statement. The Issuer shall prepare the Official Statement, including any amendments
thereto, in word -searchable PDF format as described in the MSRB's Rule G-32 and shall provide
the electronic copy of the word -searchable PDF format of the Official Statement to the
Underwriters no later than one (1) business day prior to the date of the Closing to enable the
Underwriters to comply with MSRB Rule G-32.
(x) If between the date of this Purchase Contract and the earlier of (i) ninety (90) days
from the end of the "Underwriting Period" as defined in Rule 15c2-12 or (ii) the time when the
Official Statement is available to any person from a nationally recognized municipal securities
information repository (but in no event less than twenty-five (25) days following the end of the
Underwriting Period), any event shall occur, of which the Issuer has actual knowledge, which
might or would cause the Official Statement, as then supplemented or amended, to contain any
untrue statement of a material fact or to omit to state a material fact necessary to make the
statements therein, in the light of the circumstances under which they were made, not
misleading, the Issuer shall notify the Underwriters thereof, and, if in the opinion of the
Representative or the Issuer such event requires the preparation and publication of a supplement
or amendment to the Official Statement, the Issuer will at the expense of the Issuer supplement
or amend the Official Statement.
SECTION 4. Closing, Delivery and Payment. The Closing shall be held on
, 2017 at the offices of the Issuer in Fort Pierce, Florida or at such other time and
other place as is agreed upon by the Underwriters and the Issuer. The Bonds will be delivered to
The Depository Trust Company, New York, New York ("DTC"), as registered bonds in the name
of Cede & Co. It is the intent of the parties hereto that the Bonds will be issued and delivered
through the "FAST" closing procedure of DTC for credit to the accounts designated by the
Underwriters and the Issuer shall deliver the Bonds to the Registrar and Paying Agent or as
otherwise may be agreed to by the Issuer and the Representative.
Subject to the terms and conditions hereof, the Underwriters will on the Closing date
accept the delivery of the Bonds and pay the purchase price thereof in immediately available
funds to the order of the Issuer. The Underwriters have entered into this Purchase Contract in
reliance upon the representations and warranties of the Issuer contained herein, and in reliance
upon the representations and warranties to be contained in the Closing Documents, and upon the
performance by the Issuer of its obligations hereunder, both as of the date hereof and as of the
date of the Closing. Accordingly, the Underwriters' obligation under this Purchase Contract to
purchase, to accept delivery of and to pay for the Bonds is conditioned upon the performance by
the Issuer of its obligations to be performed hereunder and under such documents and
instruments at or prior to the date of the Closing, and is also subject to the following additional
conditions: (a) all representations of the Issuer contained herein shall be true, complete and
correct on the date hereof and on and as of the date of the Closing; and (b) at or prior to the
Closing, the Underwriters shall have received all of the Closing Documents described in
Section 5.
If the Issuer shall be unable to satisfy the conditions to the obligation of the Underwriters
to purchase, to accept delivery of and to pay for the Bonds contained in this Purchase Contract,
or if the obligation of the Underwriters to purchase, to accept delivery of and to pay for the
Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase
Contract shall terminate and none of the Underwriters or the Issuer shall be under any further
obligation hereunder except that the respective obligations of the parties set forth in Section 9
hereof shall continue in full force and effect.
SECTION 5. Closing Documents. The Underwriters have entered into this Purchase
Contract in reliance upon the representations, warranties and covenants of the Issuer
contained herein and to be contained in the documents and instruments to be delivered at the
Closing and upon the performance by the Issuer of its obligations thereunder, both as of the
date hereof and as of the date of Closing. Accordingly, the Underwriters' obligation under
this Purchase Agreement to purchase, to accept delivery of and to pay for the Bonds shall be
subject, at the option of the Underwriters, to the accuracy in all material respects of the
representations, warranties and covenants on the part of the Issuer contained herein as of the
date hereof and as of the date of Closing, to the accuracy in all material respects of the
statements of the officers and other officials of the Issuer made in any certificates or other
documents furnished pursuant to the provisions hereof and to the performance by the Issuer
of its obligations to be performed hereunder and under such documents and instruments at
or prior to the Closing, and the delivery on the date of Closing of the Closing Documents.
The Closing Documents shall consist of the following documents, each properly executed,
certified or otherwise verified, dated, and in such form as shall be satisfactory to Bond Counsel,
the Issuer, the County Attorney, Disclosure Counsel, the Underwriters and Underwriters'
Counsel:
(a) the Official Statement, executed on behalf of the Issuer by the Chairman and the
County Administrator or other authorized officers;
0
(b) The Bond Resolution certified by the Clerk of the Board of County
Commissioners (the "Clerk") as having been duly adopted by the Board of County
Commissioners and as being in effect on the date of the Closing and as not having been
otherwise amended since its adoption, except as provided herein;
(c) the Letter;
(d) A certificate or certificates, dated the Date of Closing and signed by the Chairman
or Vice Chairman, the County Administrator and the Clerk or a Deputy Clerk, to the effect that:
(i) The representations and warranties of the Issuer contained herein are true
and correct in all material respects on and as of the date of Closing as if made on the date
of Closing;
(ii) None of the proceedings or authority for the issuance, sale, execution and
delivery of the Bonds and delivery of this Purchase Agreement or the adoption of the
Bond Resolution has been repealed, modified, amended, revoked or rescinded;
(iii) No event affecting the Issuer has occurred since the date of the Official
Statement which should be disclosed in the Official Statement for the purposes for which
it is to be used or which it is necessary to disclose therein in order to make the statements
and information therein, in the light of the circumstances under which they were made,
not misleading in any material respect;
(iv) Since September 30, 2016, there has been no material adverse change in
the financial position and results of operations of the Issuer, and the Issuer has not
incurred any material liabilities other than in the ordinary course of business, except as
set forth in the Official Statement; and
(v) Nothing has come to their attention which would lead either of them to
believe that the Official Statement (excluding the information contained under the
subheading "DESCRIPTION OF THE SERIES 2017A BONDS -- Book -Entry Only
System"), as of its date and as of the date of delivery of the Bonds, contained or contains
an untrue statement of a material fact or omitted or omits to state a material fact which
should be included therein for the purposes for which the Official Statement is intended
to be used, or which is necessary in order to make the statements contained therein, in the
light of the circumstances under which they were made, not misleading.
(e) the approving opinion of Bond Counsel substantially in the form included as
Appendix D to the Preliminary Official Statement for the Bonds, together with a letter of Bond
Counsel, dated as of the date of Closing, and addressed to the Underwriters, to the effect that the
foregoing opinion addressed to the Issuer may be relied upon by the Underwriters to the same
extent as if such opinion were addressed to them;
(f) a supplemental opinion of Bond Counsel; addressed to the Issuer and the
Underwriters, substantially to the effect that:
10
(i) The statements contained in the Official Statement under the headings
"DESCRIPTION OF THE SERIES 2017A BONDS" (except for the information
regarding the DTC and information contained under the heading 'Book -Entry Only
System" therein) and "SECURITY FOR THE SERIES 2017A BONDS" insofar as such
statements purport to summarize certain provisions of the Bond Resolution and the Bonds
are accurate summaries of the provisions purported to be summarized therein and the
information contained in the Official Statement under the heading "TAX MATTERS" is
accurate; and
(ii) The Bonds are exempt from registration under the Securities Act of 1933,
as amended (the "Securities Act"); and
(iii) The Bond Resolution is exempt from registration under the Trust
Indenture Act of 1939, as amended (the "Trust Indenture Act").
(g) an opinion of Daniel S. McIntyre, Esq., County Attorney, addressed to the Issuer,
Bond Counsel and the Underwriters and dated the date of the Closing, to the effect that:
(i) The Issuer is a duly organized and validly existing political subdivision of
the State of Florida duly created, organized and existing under the Act, and has full legal
right, power and authority under the Act and the Bond Resolution (A) to enter into,
execute and deliver this Purchase Contract, the Continuing Disclosure Certificate and all
documents required hereunder and thereunder to be executed and delivered by the Issuer,
(B) to sell, issue and deliver the Bonds to the Underwriters as provided herein, (C) to
carry out and consummate the transactions contemplated by this Purchase Contract, the
Continuing Disclosure Certificate, and the Official Statement, (D) to acquire and
construct the Project, and the Issuer has complied, and will at the Closing be in
compliance in all material respects, with the terms of the Act as they pertain to such
transactions;
(ii) By all necessary official action of the Issuer prior to or concurrently with
the acceptance hereof, the Issuer has duly authorized all necessary action to be taken by it
for (A) the adoption of the Bond Resolution, and the issuance and sale of the Bonds,
(B) the approval, execution and delivery of, and the performance by the Issuer of the
obligations on its part, contained in the Bonds, this Purchase Contract and the Continuing
Disclosure Certificate, and (C) the consummation by it of all other transactions
contemplated by the Official Statement, this Purchase Contract and the Continuing
Disclosure Certificate and any and all such other agreements and documents as may be
required to be executed, delivered and/or received by the Issuer in order to carry out, give
effect to, and consummate the transactions contemplated herein and in the Official
Statement;
(iii) The Bond Resolution was duly and validly adopted by the Issuer and is in
full force and effect; the Bond Resolution and all other proceedings pertinent to the
validity and enforceability of the Bonds and the covenant to budget and appropriate Non -
Ad Valorem Revenues to the extent and in the manner provided in the Bond Resolution
have been duly and validly adopted or undertaken in compliance with all applicable
11
procedural requirements of the Issuer and in compliance with the Constitution and laws
of the State, including the Act;
(iv) This Purchase Contract and the Continuing Disclosure Certificate have
been duly authorized, executed and delivered by the Issuer, and constitute legal, valid and
binding obligations of the Issuer enforceable against the Issuer in accordance with their
respective terms, except to the extent limited by bankruptcy, insolvency, reorganization,
moratorium or other similar laws and equitable principles of general application relating
to or affecting the enforcement of creditors' rights; and the Bonds, when issued, delivered
and paid for, in accordance with the Bond Resolution and this Purchase Contract, will
constitute legal, valid and binding obligations of the Issuer entitled to the benefits of the
Bond Resolution and enforceable in accordance with their terms, subject to bankruptcy,
insolvency, reorganization, moratorium and other similar laws and principles of equity
relating to or affecting the enforcement of creditors' rights; upon the issuance,
authentication and delivery of the Bonds as aforesaid, the Bond Resolution will provide,
for the benefit of the holders, from time to time, of the Bonds, the legally valid and
binding pledge of and lien it purports to create as set forth in the Bond Resolution;
(v) The distribution of the Preliminary Official Statement and the Official
Statement has been duly authorized by the Issuer;
(vi) All authorizations, approvals, licenses, permits, consents and orders of any
governmental authority, legislative body, board, agency or commission having
jurisdiction of the matter which are required for the due authorization of, which would
constitute a condition precedent to, or the absence of which would materially adversely
affect the due performance by the Issuer of its obligations under this Purchase Contract,
the Continuing Disclosure Certificate and the Bonds have been obtained;
(vii) Except as set forth in the Official Statement, there is no legislation, action,
suit, proceeding, inquiry or investigation, at law or in equity, before or by any court,
government agency, public board or body, pending or, to the best knowledge of the
Issuer, after due inquiry, threatened against the Issuer, affecting the corporate existence
of the Issuer or the titles of its officers to their respective offices, or affecting or seeking
to prohibit, restrain or enjoin the sale, issuance or delivery of the Bonds, the covenant to
budget and appropriate Non -Ad Valorem Revenues or the acquisition and construction of
the Project pursuant to the Bond Resolution or in any way contesting or affecting the
validity or enforceability of the Bonds, this Purchase Contract or the Continuing
Disclosure Certificate, or contesting in any way the completeness or accuracy of the
Preliminary Official Statement or the Official Statement or any supplement or
amendment thereto, or contesting the powers of the Issuer or any authority for the
issuance of the Bonds, the adoption and/or enactment of the Bond Resolution or the
execution and delivery of this Purchase Contract or the Continuing Disclosure Certificate,
nor, to the best knowledge of the Issuer, is there any basis therefor, wherein an
unfavorable decision, ruling or finding would materially adversely affect the validity or
enforceability of the Bonds, this Purchase Contract or the Continuing Disclosure
Certificate;
12
(viii) The execution and delivery of this Purchase Contract or the Continuing
Disclosure Certificate and compliance by the Issuer with the provisions hereof and
thereof, under the circumstances contemplated herein and therein, will not conflict with
or constitute on the part of the Issuer a material breach of or a default under any
agreement or instrument to which the Issuer is a party, or violate any existing law,
administrative regulation, court order, or consent decree to which the Issuer is subject;
and
(ix) Based on the examination which such counsel has caused to be made and
its participation at conferences at which the Preliminary Official Statement and the
Official Statement were discussed, such counsel has no reason to believe that the
Preliminary Official Statement as of its date and the Official Statement as of its date and
as of the date hereof contain any untrue statement of a material fact or omits to state a
material fact necessary to make the statements therein, in light of the circumstances under
which they were made, not misleading in any material respect (except for any financial
forecast, technical and statistical data included in the Preliminary Official Statement and
the Official Statement and except for information regarding DTC and its book -entry
system, in each ease as to which no view need be expressed).
(h) an opinion of Disclosure Counsel, dated the date of the Closing and addressed to
the Issuer and a reliance letter to the Underwriters, both dated the date of Closing, in
substantially the form attached hereto as Exhibit B;
(i) copies of any and all documents required by the provisions of the Bond
Resolution to be obtained or furnished by the Issuer at or prior to the Closing including, but not
limited to, the certificates, written statements, certified resolutions, executed documents,
opinions, requests and authorizations described in the Bond Resolution;
0) letters from Moody's Investors Service, Inc. ("Moody's) and S&P Global Ratings
("S&P") confirming that the Bonds have been rated and outlook),
respectively.
(k) a certificate of an authorized representative of U.S. Bank National Association, as
Registrar and Paying Agent (the "Registrar") to the effect that:
(i) the Registrar is a national banking association duly organized, validly
existing and in good standing under the laws of the United States and is duly authorized
to exercise trust powers in the State of Florida;
(ii) the Registrar has all requisite authority, power, licenses, permits and
franchises, and has full corporate power and legal authority to perform its functions under
the Bond Resolution;
(iii) the performance by the Registrar of its functions under the Bond
Resolution will not result in any violation of the Articles of Association or Bylaws of the
Registrar, any court order to which the Registrar is subject or any agreement, indenture or
other obligation or instrument to which the Registrar is a party or by which the Registrar
is bound, and no approval or other action by any governmental authority or agency
13
having supervisory authority over the Registrar is required to be obtained by the Registrar
in order to perform its functions under the Bond Resolution; and
(iv) to the best of such authorized representative's knowledge, there is no
action, suit, proceeding or investigation at law or in equity before any court, public board
or body pending or, to his or her knowledge, threatened against or affecting the Registrar
wherein an unfavorable decision, ruling or finding on an issue raised by any party thereto
is likely to materially and adversely affect the ability of the Registrar to perform its
obligations under the Bond Resolution.
(1) A certificate in substantially the form as set forth in Appendix E to the Official
Statement (the "Continuing Disclosure Certificate") of the Issuer executed by the Chairman or
Vice Chairman, or other authorized Issuer official, dated as of the date of Closing, setting forth
the Issuer's undertaking to provide or cause to be provided, in accordance with the requirements
of paragraph (b)(5) of Rule 15c2-12: (1) certain financial information and operating data on an
annual basis (the "Annual Information") for the preceding fiscal year, (2) timely notice of the
occurrence of certain material enumerated events with respect to the Bonds, and (3) timely notice
of the Issuer's inability to provide the Annual Information on or before the date specified in the
Continuing Disclosure Certificate.
(m) specimen Bonds;
(n) evidence as may be required by Bond Counsel or Underwriters' Counsel as to the
compliance with the conditions of the Bond Resolution for the issuance of the Bonds thereunder;
(o) such additional legal opinions, certificates, instruments and other documents as
the Representative, the Issuer, Underwriters' Counsel, the County Attorney or Bond Counsel may
reasonably request to evidence compliance by the Issuer with legal requirements; the truth and
accuracy in all material respects, as of the date of Closing, of the respective representations,
warranties and covenants contained herein and in the Official Statement; and the due
performance or satisfaction by them of all material agreements to be performed by them and all
material conditions to be satisfied by them at or prior to the Closing.
SECTION 6. Termination by the Representative. This Purchase Contract may be
terminated in writing by the Representative if any of the following shall occur: (i) this Purchase
Contract shall not have been accepted by the Issuer within the time herein provided; (ii) the
signed Official Statement shall not have been provided within the time required by this Purchase
Contract; (iii) the Bonds and all of the Closing Documents shall not have been delivered to the
Underwriters in a timely manner on the date of Closing; (iv) an event shall occur which makes
untrue or incorrect in any material respect, as of the time of such event, any statement or
information contained in the Official Statement or which is not reflected in the Official
Statement but should be reflected therein in order to make the statements contained therein in the
light of the circumstances under which they were made not misleading in any material respect
and, in either such event, (a) the Issuer refuses to permit the Official Statement to be
supplemented to supply such statement or information in a manner satisfactory to the
Underwriters or (b) the effect of the Official Statement as so supplemented is, in the judgment of
the Underwriters, to materially adversely affect the market price or marketability of the Bonds or
14
the ability of the Underwriters to enforce contracts for the sale, at the contemplated offering
prices (or yields), of the Bonds; or (v) a stop order, ruling, regulation, proposed regulation or
statement by or on behalf of the SEC or any other governmental agency having jurisdiction of
the subject matter shall be issued or made to the effect that the issuance, offering, sale or
distribution of obligations of the general character of the Bonds (including any related
underlying obligations) is in violation or would be in violation of any provisions of the Securities
Act, the Securities Exchange Act or the Trust Indenture Act; or (vi) legislation introduced in or
enacted (or resolution passed) by the Congress or an order, decree, or injunction issued by any
court of competent jurisdiction, or an order, ruling, regulation (final, temporary, or proposed),
press release or other form of notice issued or made by or on behalf of the SEC, or any other
governmental agency having jurisdiction of the subject matter, to the effect that obligations of
the general character of the Bonds, including any or all underlying arrangements, are not exempt
from registration under or other requirements of the Securities Act, or that the Resolution is not
exempt from qualification under or other requirements of the Trust Indenture Act, or that the
issuance, offering, or sale of obligations of the general character of the Bonds, including any or
all underlying arrangements, as contemplated hereby or by the Official Statement or otherwise, is
or would be in violation of the federal securities law as amended and then in effect; (vii) there
shall have occurred (1) any outbreak or escalation of hostilities, declaration by the United States
of a national or international emergency or war; or (2) any other calamity or crisis in the
financial markets of the United States or elsewhere; or (3) a downgrade of the sovereign debt
rating of the United States by any major credit rating agency or payment default on United States
Treasury obligations; or (viii) there shall have occurred a general suspension of trading,
minimum or maximum prices for trading shall have been fixed and be in force or maximum
ranges or prices for securities shall have been required on the New York Stock Exchange or
other national stock exchange whether by virtue of a determination by that Exchange or by order
of the SEC or any other governmental agency having jurisdiction or any national securities
exchange shall have: (i) imposed additional material restrictions not in force as of the date hereof
with respect to trading in securities generally, or to the Bonds or similar obligations; or (ii)
materially increased restrictions now in force with respect to the extension of credit by or the
charge to the net capital requirements of Underwriters or broker-dealers which, in the judgment
of the Underwriters, materially adversely affects the market price or marketability of the Bonds
or the ability of the Underwriters to enforce contracts for the sale, at the contemplated offering
prices (or yields), of the Bonds; or (ix) a general banking moratorium shall have been declared
by federal or New York or Florida state authorities or a major financial crisis or a material
disruption in commercial banking or securities settlement or clearances services shall have
occurred which, in the judgment of the Underwriters, materially adversely affects the market
price or the marketability for the Bonds or the ability of the Underwriters to enforce contracts for
the sale, at the contemplated offering prices (or yields), of the Bonds; or (x) (i) a downgrading or
suspension of any rating (without regard to credit enhancement) by Moody's, S&P, or Fitch
Ratings ("Fitch") of any debt securities issued by the Issuer secured in whole or in part by a
covenant to budget and appropriate non -ad valorem revenues, or (ii) there shall have been any
official statement as to a possible downgrading (such as being placed on "credit watch" or
"negative outlook" or any similar qualification) of any rating by Moody's, S&P or Fitch of any
debt securities issued by the Issuer, including the Bonds.
SECTION 7. Termination by the Issuer. This Purchase Contract may be terminated in
writing by the Issuer in the event that the Underwriters shall fail to accept delivery of the Bonds
15
on the Closing date upon tender thereof to the Underwriters by the Issuer and delivery to the
Underwriters of all of the Closing Documents.
SECTION 8. Changes Affecting the Official Statement after the Closing. If any
event relating to or affecting the Issuer shall occur, the result of which would make it necessary,
in the opinion of the Issuer, or the Representative or Underwriters' Counsel, to amend or
supplement the Official Statement in order to make it not misleading in the light of the
circumstances existing at that time, the Issuer shall forthwith prepare and furnish to the
Underwriters at the Issuer's expense, a reasonable number of copies of an amendment of or
supplement to the Official Statement in form and substance satisfactory to the Issuer, so that the
Official Statement then will not contain an untrue statement of a material fact or omit to state a
material fact necessary to make the statements therein, in the light of the circumstances existing
at that time, not misleading.
SECTION 9. Expenses. (a) The Underwriters shall be under no obligation to pay, and
the Issuer shall pay any expenses incident to the performance of the Issuer's obligations
hereunder, including, but not limited to (i) the cost of preparation and printing of the Bonds,
(ii) the fees and disbursements of Bond Counsel, Disclosure Counsel, and counsel to the Issuer,
if any; (iii) the fees and disbursements of the financial advisor to the Issuer; (iv) the fees and
disbursements of any other engineers, accountants, and other experts, consultants or advisers
retained by the Issuer; (v) the fees for bond ratings; and (vi) the costs of preparing, printing and
delivering the Preliminary Official Statement, the Official Statement and any supplements or
amendments to either of them.
(b) The Underwriters shall pay (i) the cost of preparation and printing of this
Purchase Contract and the Blue Sky Memorandum; (ii) all advertising expenses in connection
with the public offering of the Bonds; and (iii) all other expenses incurred by them in connection
with the public offering of the Bonds, including the fees and disbursements of counsel retained
by the Underwriters.
(c) The Issuer shall reimburse the Underwriters for actual expenses incurred or paid
for by the Underwriters on behalf of the Issuer in connection with the marketing, issuance, and
delivery of the Bonds, including, but not limited to, transportation, lodging, and meals for
Issuer's employees and representatives; provided, however, that (i) reimbursement for such
expenses shall not exceed an ordinary and reasonable amount for such expenses and (ii) such
expenses are not related to the entertainment of any person and not prohibited from being
reimbursed from the proceeds of an offering of municipal securities under the Municipal
Securities Rulemaking Board's Rule G-20. In addition, the Issuer shall reimburse the
Underwriters for the fees of Digital Assurance Certification, L.L.C. for a continuing disclosure
undertaking compliance review. Such reimbursements may be in the form of inclusion in the
expense component of the Underwriters' discount, or direct reimbursements as a cost of issuance.
All expenses have been included in the underwriting discount in Section 2 hereof.
SECTION 10. No Advisory or Fiduciary Role. The Issuer acknowledges and agrees
that: (i) the transactions contemplated by this Purchase Contract are arm's length, commercial
transactions between the Issuer and the Underwriters in which the Underwriters are acting solely
as a principal and are not acting as a municipal advisor, financial advisor or fiduciary to the
16
Issuer; (ii) the Underwriters have not assumed any advisory or fiduciary responsibility to the
Issuer with respect to the transactions contemplated hereby and the discussions, undertakings and
procedures leading thereto (irrespective of whether the Underwriters or their affiliates have
provided other services or are currently providing other services to the Issuer on other matters);
(iii) the only obligations the Underwriters have to the Issuer with respect to the transaction
contemplated hereby expressly are set forth in this Purchase Contract; and (iv) the Issuer has
consulted its own financial and/or municipal, legal, accounting, tax, and other advisors, as
applicable, to the extent it deems appropriate. If the Issuer would like a municipal advisor in this
transaction that has legal fiduciary duties to the Issuer, then the Issuer is free to engage a
municipal advisor to serve in that capacity. The Issuer has engaged Public Financial
Management, Inc. (the "Financial Advisor") as financial advisor to the Issuer in connection with
the issuance of the Bonds.
SECTION 11. Waiver. Notwithstanding any provision herein to the contrary, the
performance of any and all obligations of the Underwriters hereunder and the performance of
any and all conditions contained herein for the benefit of the Underwriters may be waived by the
Underwriters, in their sole discretion, and the approval of the Underwriters when required
hereunder or the determination of their satisfaction as to any document referred to herein shall be
in writing, signed by an authorized signatory of the Underwriters.
SECTION 12. Notices. Any notice or other communication to be given to the Issuer
under this Purchase Contract may be given by delivering the same in writing to their respective
addresses set forth above or on the applicable signature page, as the case may be; and any such
notice or other communication to be given to the Underwriters may be given by delivering the
same in writing to the Representative at Citigroup Global Markets Inc., 100 North Tampa Street,
Suite 3750, Tampa, Florida 33602.
SECTION 13. Parties in Interest; Issuer's Undertakings; Survival of
Representations. This Purchase Contract is made solely for the benefit of the Issuer and the
Underwriters, including the successors and assigns of the Underwriters and no other person,
partnership, association or corporation shall acquire or have any rights hereunder or by virtue
hereof. All representations and agreements by the Issuer and the Underwriters contained in this
Purchase Contract shall remain in full force and effect regardless of any investigation made by or
on behalf of the Underwriters and shall survive the delivery of and payment for the Bonds.
SECTION 14. Severability. If any provision of this Purchase Contract shall be held or
deemed to be or shall, in fact, be invalid, inoperative or unenforceable as applied in any
particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with
any provisions of any constitution, statute, rule of public policy, or any other reason, such
circumstances shall not have the effect of rendering the provision in question invalid, inoperative
or unenforceable in any other case or circumstance, or of rendering any other provision or
provisions of this Purchase Contract invalid, inoperative or unenforceable to any extent
whatever.
SECTION 15. Business Day. For purposes of this Purchase Contract, "business day"
means any day on which the New York Stock Exchange is open for trading.
17
SECTION 16. Section Headings. Section headings have been inserted in this Purchase
Contract as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Purchase Contract and will not be used in the interpretation of any
provisions of this Purchase Contract.
SECTION 17. Counterparts. This Purchase Contract may be executed in several
counterparts each of which shall be regarded as an original (with the same effect as if the
signatures thereto and hereto were upon the same document) and all of which shall constitute one
and the same document.
SECTION 18. Governing Law. This Purchase Contract is to be governed by and
construed according to the laws of the State.
SECTION 19. Entire Agreement; Miscellaneous. This Purchase Contract constitutes
the entire agreement between the parties hereto with respect to the matters covered hereby, and
supersedes all prior agreements and understandings between the parties. This Purchase Contract
may not be amended, supplemented or modified without the written consent of the Issuer and the
Representative.
If you agree with the foregoing, please sign the enclosed counterparts of this Purchase
Contract and return it to the Representative. This Purchase Contract shall become a binding
agreement between you and the Underwriters when all counterparts of this letter shall have been
signed by or on behalf of each of the parties hereto.
[The signatures to this document are contained on pages S-1 and S-2, attached]
18
Signature Page to Bond Purchase Contract dated , 2017
Re: St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds, Series
2017A
CITIGROUP GLOBAL MARKETS INC., as
Representative of the Underwriters
By:
Name: Kevin Dempsey
Title: Director
[Signature Page to Bond Purchase Contract dated 20171
S-1
Signature Page to Bond Purchase Contract dated , 2017
Re: St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds, Series
2017A
ST. LUCIE COUNTY, FLORIDA
Chairman, Board of County Commissioners
ATTEST:
Deputy Clerk to the Board of County
Commissioners of St. Lucie County,
Florida
[Signature Page to Bond Purchase Contract dated , 2017]
S-2
Maturity Date
(November 1)
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
Optional Redemption
SCHEDULE A
Terms of the Bonds
Interest
Amount Rate
Price
% Term Bond maturing November 1, 20_, Price
Redemption Provisions
%, Yield
Yield
The Bonds maturing on or before November 1, are not subject to optional
redemption prior to maturity. The Bonds maturing on and after November 1, are subject
to redemption at the option of the County from any legally available revenues in whole or in part,
at any time, on or after November 1, in such order of maturities as may be determined
by the County (less than all of a single maturity to be selected by lot) at a Redemption Price of
100% of the principal amount to be redeemed, plus accrued interest to the date set for
redemption.
Mandatory Redemption
The Bonds maturing on November 1, , are subject to mandatory sinking fund
redemption, prior to maturity in part, by lot on November 1, and on each November 1
thereafter, at a redemption price equal to the principal amount of such Bonds or portions thereof
Schedule A-1
to be redeemed, plus interest accrued thereon to the date of redemption, on November 1 in the
following years and in the following amounts:
Year
*Maturity
Schedule A-2
Amount
SCHEDULE B
Maturity Date Interest
(November 1 ) Amount Rate Price Yield
Schedule B-1
EXHIBIT A
DISCLOSURE STATEMENT
2017
Board of County Commissioners
of St. Lucie County, Florida
Fort Pierce, Florida
Re: $ St. Lucie County, Florida Taxable Non -Ad Valorem Revenue
Bonds, Series 2017A (the 'Bonds")
Ladies and Gentlemen:
In connection with the issuance by St. Lucie County, Florida (the "Issuer"), of
$ original aggregate principal amount of Bonds, Citigroup Global Markets Inc. (the
"Representative"), on behalf of itself and Wells Fargo Bank, National Association (collectively,
the "Underwriters") is underwriting a public offering of the Bonds. Arrangements for
underwriting the Bonds will include a Bond Purchase Contract (the "Purchase Contract")
between the Issuer and the Underwriter, which will embody the negotiations in respect thereof.
The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385(6),
Florida Statutes, certain information with respect to the arrangements contemplated for the
underwriting of the Bonds, as follows:
The nature and estimated amounts of expenses to be incurred by the Underwriters in
connection with the purchase and offering of the Bonds, are set forth in Schedule 1 attached
hereto.
That no person has entered into an understanding with the Underwriters, or to the
knowledge of the Underwriters, with the Issuer for any paid or promised compensation or
valuable consideration, directly or indirectly, expressly or implied, to act solely as an
intermediary between the Issuer and the Underwriters or to exercise or attempt to exercise any
influence to effect any transaction in the purchase of the Bonds.
The underwriting spread, the difference between the price at which the Bonds will be
initially offered to the public by the Underwriters and the price to be paid to the Issuer for each
of the Bonds, will be:
$/1,000 Amount
Average Takedown
Expenses
Total Discount
No other fee, bonus or other compensation is estimated to be paid by the Underwriters in
connection with the issuance of the Bonds to any person not regularly employed or retained by
Exhibit A-1
the Underwriters (including any "finder" as defined in Section 218.386(1)(a), Florida Statutes),
except as specifically enumerated as expenses to be incurred by the Underwriters, as set forth in
Schedule I attached hereto.
Truth in Bonding Statement. The following statements are made in satisfaction of the
requirements of Section 218.385(2) and (3), Florida Statutes, as amended:
The Issuer is proposing to issue the Bonds in the aggregate principal
amount of $ to (i) finance the cost of the Project, and (ii) pay costs
associated with the issuance of the Bonds. The Bonds are expected to be repaid
over a period of approximately years at a true interest cost of
% resulting in total interest payments in the amount of $
being made over the life of the Bonds.
The Bonds will be payable solely from the Issuer's Non -Ad Valorem
Revenues (as defined in the Bond Resolution) budget and appropriated to the
extent and in the manner provided in the Bond Resolution. Authorizing the
Bonds will result in approximately $ (average annual debt service) of
Issuer moneys not being available to finance other services of the Issuer, each
year for approximately years.
The name and address of the Representative of the Underwriters is listed below:
Citigroup Global Markets Inc.
100 North Tampa Street, Suite 3750
Tampa, Florida 33602
A-2
We understand that you do not require any further disclosure from the Underwriters,
pursuant to Section 218.385(6), Florida Statutes.
Very truly yours,
CITIGROUP GLOBAL MARKETS INC., as
Representative of the Underwriters
By:_
Name:
Kevin Dempsey
Title: Director
A-3
SCHEDULE I TO EXHIBIT A
Underwriters' Expenses $/1000 Amount
Average Takedown
Underwriters' Counsel
IPREO
DTC
CUSIP
Miscellaneous
TOTAL
Note: Totals may not add due to rounding.
Schedule I to Exhibit A
EXHIBIT B
FORM OF OPINION AND RELIANCE LETTER OF DISCLOSURE COUNSEL
92017
St. Lucie County, Florida
Fort Pierce, Florida
Re: $ St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds,
Series 2017A
Ladies and Gentlemen:
We have acted as Disclosure Counsel to St. Lucie County, Florida (the "Issuer") in
connection with the issuance of the above -captioned obligations (the "Series 2017A Bonds"),
which are today being delivered to Citigroup Global Markets Inc. as Senior Managing
Underwriter on behalf of itself and Wells Fargo Bank, National Association (collectively, the
"Underwriters"). In such capacity, we have reviewed such proceedings, records, certificates,
documents and questions of law as we have considered necessary to enable us to render this
opinion.
To the extent that the opinion expressed herein relates to or is dependent upon the
determination that (i) the proceedings and actions relating to the authorization, execution,
issuance, delivery and sale of the Series 2017A Bonds are lawful and valid under the
Constitution and laws of the State of Florida, particularly Chapter 125, Florida Statutes, Section
288.11631, Florida Statutes, and other applicable provisions of law (collectively, the "Act"), and
a resolution duly adopted by the Board of County Commissioners of the Issuer on ,
2017, as the same may be amended and supplemented (the "Resolution"), or (ii) that the Series
2017A Bonds are valid and legally binding obligations of the Issuer enforceable in accordance
with their terms, we understand that you are relying upon the opinions delivered to you on the
date hereof of Daniel S. McIntyre, Esq., as Issuer's Counsel ("Issuer's Counsel") and Nabors,
Giblin & Nickerson, P.A., as Bond Counsel ("Bond Counsel"), and, with your permission, we
have assumed the accuracy of such opinions, have made no independent determination thereof
and no opinion is expressed herein as to such matters.
Because the primary purpose of our professional engagement as your counsel was not to
establish factual matters and because of the wholly or partially nonlegal character of many of the
determinations involved in the preparation of the Preliminary Official Statement dated
, 2017 related to the Series 2017A Bonds (the "Preliminary Official Statement") and
the Official Statement dated 2017 related to the Series 2017A Bonds (the "Official
Exhibit B- I
Statement" and together with the Preliminary Official Statement, the "Official Statements"), we
are not passing on and do not assume any responsibility for, except as set forth below, the
accuracy, completeness or fairness of the statements contained in the Official Statements
(including any appendices, schedules and exhibits thereto) and we make no representation that
we have independently verified the accuracy, completeness or fairness of such statements. Our
engagement has necessarily involved a review of certain demographic, financial, statistical and
operating data or information, however we express no opinion regarding the accuracy and
completeness of any such information.
We have generally reviewed information furnished to us by, and have participated in
telephone conferences and meetings with, representatives of the Issuer, the Issuer's Counsel,
Bond Counsel, Public Financial Management, Inc., the financial advisor to the Issuer, and others,
in which such contents of the Official Statements and related matters were discussed. We have
reviewed information concerning the Issuer's audited financial statements and meeting minutes
and other materials we deemed relevant. With your permission, we have relied upon certificates
of officials of the Issuer and others, and upon certain other opinions, certificates and/or letters
delivered in connection with the issuance of the Series 2017A Bonds, including, without
limitation, those received from Bond Counsel and Issuer's Counsel as to matters other than
matters covered by our opinion. In addition, we have reviewed such proceedings, records,
certificates, documents and questions of law as we have considered necessary to enable us to
render this opinion.
Based solely upon our review and discussions noted above, and in reliance upon the
accuracy of the information contained in the aforementioned certificates, letters and opinions, but
without having undertaken any independent investigation or verification of such information,
nothing has come to the attention of the attorneys in our firm rendering legal services in this
representation which leads us to believe that the Official Statements contain any untrue statement
of a material fact or omits to state a material fact required to be stated therein or necessary to
make the statements therein, in light of the circumstances under which they were made, not
misleading; provided, however, that we express no opinion regarding historical or projected
financial information, demographic, statistical or operating data, including but not limited to
such information included in the appendices, schedules and exhibits thereto, or any information
about The Depository Trust Company and its book -entry system of registration.
The opinion expressed herein is predicated upon present law, facts and circumstances,
and we assume no affirmative obligation to update the opinion expressed herein if such laws,
facts or circumstances change after the date hereof or of any subsequent events or developments
which might affect the opinion expressed herein. The opinion expressed herein represent
professional judgment, and is not a guarantee of result.
The opinion expressed herein is limited to the laws of the State of Florida and the United
States of America.
This opinion letter may be relied upon by you only and only in connection with the
transaction to which reference is made above and may not be used or relied upon by any other
person for any purposes whatsoever without our prior written consent. This opinion letter is not
Exhibit B-2
rendered to, and may not be relied upon by, holders or owners of the Series 2017A Bonds. The
opinion expressed herein is limited to the matters set forth herein, and to the documents referred
to herein and does not extend to any other agreements, documents or instruments executed by the
Issuer, and no other opinion should be inferred beyond the matters expressly stated herein.
Respectfully submitted,
BRYANT MILLER OLIVE P.A.
Exhibit B-3
, 2017
Citigroup Global Markets Inc.
Tampa, FL
Wells Fargo Bank, National Association
Clearwater, FL
Re: $ St. Lucie County, Florida Taxable Non -Ad Valorem Revenue Bonds,
Series 2017A
Ladies and Gentlemen:
On even date herewith, we rendered our Disclosure Counsel opinion to our client in this
transaction, St. Lucie County, Florida, in connection with the above -referenced Bonds. As a
non -client in this transaction, you may rely on such opinion to the same extent as if such opinion
were addressed to you. Delivery of this reliance letter to you does not create an attorney-client
relationship.
Respectfully submitted,
BRYANT MILLER OLIVE P.A.
Exhibit B-4
EXHIBIT B
FORM OF OFFICIAL STATEMENT
PRELIMINARY OFFICIAL STATEMENT DATED 2017
NEW ISSUE - BOOK ENTRY ONLY
BMO Draft #2
10/25/2017
Moody's: " "
S&P: "_" ( outlook)
See "RATINGS" herein
In the opinion of Nabors, Giblin & Nickerson, P.A. ("Bond Counsel"), interest on the Series 2017A Bonds
is not excludable from gross income of the owners thereof for federal income tax purposes. See "TAX MATTERS"
herein for a general discussion of Bond Counsel's opinion and other tax considerations.
Dated: Date of Delivery
ST. LUCIE COUNTY, FLORIDA
TAXABLE NON -AD VALOREM REVENUE BONDS,
SERIES 2017A
Due: November 1, as shown on the inside cover
St. Lucie County, Florida (the "County") is issuing its $ Taxable Non -Ad Valorem Revenue
Bonds, Series 2017A (the "Series 2017A Bonds") as fully registered bonds, which initially will be
registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). Individual
purchases will be made in book entry form only in denominations of $5,000 and any integral multiple
thereof. Purchasers of the Series 2017A Bonds (the "Beneficial Owners") will not receive physical delivery
of the Series 2017A Bonds. Transfer of ownership in the Series 2017A Bonds will be affected by DTC's
book -entry system as described herein. As long as Cede & Co. is the registered owner as nominee of
DTC, principal and interest payments will be made directly to such registered owner which will in turn
remit such payments to the Participants (as defined herein) for subsequent disbursement to the Beneficial
Owners. Interest on the Series 2017A Bonds is payable semi-annually on November 1 and May 1 of each
year commencing May 1, 2018. Principal of the Series 2017A Bonds is payable, when due, to the
registered owners upon presentation and surrender at the designated corporate office of U.S. Bank
National Association, Jacksonville, Florida, as Paying Agent and Registrar. All payments of principal of
and interest on the Series 2017A Bonds shall be payable in any coin or currency of the United States of
America which at the time of payment is legal tender for the payment of public and private debts.
The Series 2017A Bonds are payable from and secured by a covenant to budget and appropriate
legally available non -ad valorem revenues sufficient to pay debt service on the Series 2017A Bonds. See
"SECURITY FOR BONDS" herein. The Series 2017A Bonds are being issued pursuant to the authority
and in compliance with the Constitution of the State of Florida, Chapter 125, Florida Statutes, and other
applicable provisions of law, and pursuant to Resolution No. adopted by the Board of
County Commissioners of the County (the "Board") on November 7, 2017, as amended and supplemented
from time to time (the "Resolution").
The Series 2017A Bonds are being issued to provide funds to (i) finance the cost of the Project (as
defined herein) and (ii) pay costs associated with the issuance of the Series 2017A Bonds.
THE SERIES 2017A BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS
OR INDEBTEDNESS OF THE COUNTY AS 'BONDS" WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL OBLIGATIONS OF
THE COUNTY, PAYABLE SOLELY FROM AMOUNTS BUDGETED AND APPROPRIATED BY THE
COUNTY FROM NON -AD VALOREM REVENUES IN ACCORDANCE WITH THE RESOLUTION.
NO HOLDER OF ANY SERIES 2017A BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE
EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY SUCH SERIES 2017A BOND, OR BE
ENTITLED TO PAYMENT OF SUCH SERIES 2017A BOND FROM ANY MONEYS OF THE
COUNTY EXCEPT FROM THE NON -AD VALOREM REVENUES IN THE MANNER AND TO THE
EXTENT PROVIDED IN THE RESOLUTION.
Certain of the Series 2017A Bonds are subject to redemption as provided herein.
This cover page contains certain information for quick reference only. It is not, and is not
intended to be, a summary of this issue. Investors must read the entire Official Statement to obtain
information essential to making an informed investment decision.
The Series 2017A Bonds are offered when, as and if issued, subject to the approving legal opinion of
Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed on for the
County by Daniel S. McIntyre, Esquire, County Attorney, and by Bryant Miller Olive P.A., Miami, Florida,
Disclosure Counsel to the County. GrayRobinson, P.A., Tampa, Florida, is serving as Counsel to the Underwriters.
Public Financial Management, Inc., Orlando, Florida is Financial Advisor to the County in regard to the issuance
of the Series 2017A Bonds. It is expected that settlement for the Series 2017A Bonds will occur through the
facilities of DTC in New York, New York on or about 2017.
Citigroup
Wells Fargo Securities
Dated: 2017
*Preliminary, subject to change.
RED HERRING LANGUAGE:
This Preliminary Official Statement and the information contained herein are subject to completion or
amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or
a solicitation of an offer to buy, nor shall there be any sale of the Series 2017A Bonds in any jurisdiction in
which such offer, solicitation or sale would be unlawful prior to registration, qualification or exemption
under the securities laws of such jurisdiction. The County has deemed this Preliminary Official Statement
"final," except for certain permitted omissions, within the contemplation of Rule 15c2-12 promulgated by
the Securities and Exchange Commission.
MATURITIES, AMOUNTS, INTEREST RATES, PRICE,
YIELD AND INITIAL CUSIP NUMBERS
Maturity
(November 11 Amount
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
$
ST. LUCIE COUNTY, FLORIDA
Taxable Non -Ad Valorem Revenue Bonds,
Series 2017A
$ Serial Bonds
Interest Initial CUSIP
Rate Price Yield Numbers"
$ % Term Bonds due November 1, Price %* Yield %* Initial CUSIP No.
* Preliminary, subject to change.
** The County is not responsible for the use of the CUSIP Numbers referenced herein nor is any
representation made by the County as to their correctness. The CUSIP Numbers provided herein are
included solely for the convenience of the readers of this Official Statement.
ST. LUCIE COUNTY, FLORIDA
2300 Virginia Avenue
Fort Pierce, Florida 34982
(772)462-1450
MEMBERS OF THE BOARD OF COUNTY COMMISSIONERS
Chris Dzadovsky, Chairman
Tod Mowery, Vice Chair
Linda Bartz
Frannie Hutchinson
Cathy Townsend
COUNTY ADMINISTRATOR
Howard N. Tipton
COUNTY ATTORNEY
Daniel S. McIntyre, Esq.
INTERIM MANAGEMENT AND BUDGET DIRECTOR
Jennifer Hill
CLERK OF THE CIRCUIT COURT
Joseph E. Smith
FINANCE DIRECTOR
Shai Francis, CPA, CGFO, CGMA
FINANCIAL ADVISOR
Public Financial Management, Inc.
Orlando, Florida
BOND COUNSEL
Nabors, Giblin & Nickerson, PA
Tampa, Florida
DISCLOSURE COUNSEL
Bryant Miller Olive P.A.
Miami, Florida
No dealer, broker, salesman or other person has been authorized by the County to give any
information or to make any representations in connection with the Series 2017A Bonds other than as
contained in this Official Statement, and, if given or made, such information or representations must not
be relied upon as having been authorized by the County. This Official Statement does not constitute an
offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2017A Bonds by
any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or
sale. The information set forth herein has been obtained from the County, The Depository Trust
Company, and other sources which are believed to be reliable, but is not guaranteed as to accuracy or
completeness, and is not to be construed as a representation by the County with respect to any
information provided by others. The Underwriters have provided the following sentence for inclusion in
this Official Statement. The Underwriters listed on the cover page hereof have reviewed the information
in this Official Statement in accordance with and as part of their responsibilities to investors under the
federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters
do not guarantee the accuracy or completeness of such information. The information and expressions of
opinion stated herein are subject to change, and neither the delivery of this Official Statement nor any sale
made hereunder shall create, under any circumstances, any implication that there has been no change in
the matters described herein since the date hereof.
IN CONNECTION WITH THIS OFFERING, THE UNDERWRITERS MAY OVERALLOT OR
EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES
2017A BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN
MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME.
All summaries herein of documents and agreements are qualified in their entirety by reference to
such documents and agreements, and all summaries herein of the Series 2017A Bonds are qualified in
their entirety by reference to the form thereof included in the aforesaid documents and agreements.
NO REGISTRATION STATEMENT RELATING TO THE SERIES 2017A BONDS HAS BEEN
FILED WITH THE SECURITIES AND EXCHANGE COMMISSION (THE "COMMISSION") OR WITH
ANY STATE SECURITIES COMMISSION. IN MAKING ANY INVESTMENT DECISION, INVESTORS
MUST RELY ON THEIR OWN EXAMINATIONS OF THE COUNTY AND THE TERMS OF THE
OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THE SERIES 2017A BONDS HAVE
NOT BEEN APPROVED OR DISAPPROVED BY THE COMMISSION OR ANY STATE SECURITIES
COMMISSION OR REGULATORY AUTHORITY. THE FOREGOING AUTHORITIES HAVE NOT
PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFICIAL STATEMENT. ANY
REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE.
THIS OFFICIAL STATEMENT DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
COUNTY OR THE UNDERWRITERS AND ANY ONE OR MORE OF THE OWNERS OF THE SERIES
2017A BONDS.
References to website addresses presented in this Official Statement are for informational
purposes only and may be in the form of a hyperlink solely for the reader's convenience. Unless specified
otherwise, such websites and the information or links contained therein are not incorporated into, and are
not part of, this Official Statement.
TABLE OF CONTENTS
Contents
Page
INTRODUCTION.......................................................................................................................................................1
General...........................................................................................................................................................1
Authority for and Purpose of Issuance.....................................................................................................1
Securityfor the Bonds..................................................................................................................................1
OtherInformation........................................................................................................................................2
THEPROJECT............................................................................................................................................................2
DESCRIPTION OF THE SERIES 2017A BONDS...................................................................................................
2
General...........................................................................................................................................................
2
Book -Entry Only System.............................................................................................................................2
OptionalRedemption..................................................................................................................................
5
MandatoryRedemption..............................................................................................................................
5
Selection of Series 2017A Bonds to be Redeemed....................................................................................5
Noticeof Redemption..................................................................................................................................6
Redemption of Portions of Series 2017A Bonds.......................................................................................6
Payment of Redeemed Series 2017A Bonds.............................................................................................7
Interchangeability, Negotiability and Transfer........................................................................................7
SECURITY FOR THE SERIES 2017A BONDS........................................................................................................
8
General...........................................................................................................................................................
8
Covenant To Budget And Appropriate.....................................................................................................9
Issuance of Other Obligations....................................................................................................................9
Investments.................................................................................................................................................10
SeparateAccounts......................................................................................................................................11
ESTIMATED SOURCES AND USES OF FUNDS................................................................................................12
DEBTSERVICE SCHEDULE..................................................................................................................................13
DESCRIPTION OF NON -AD VALOREM REVENUES......................................................................................14
General.........................................................................................................................................................14
Taxes............................................................................................................................................................15
Intergovernmental Revenues....................................................................................................................18
Franchise Fee Revenues.............................................................................................................................22
Licensesand Permits.................................................................................................................................23
Chargesfor Services...................................................................................................................................23
Finesand Forfeitures.................................................................................................................................23
Miscellaneous Non -Ad Valorem Revenue.............................................................................................24
Tourist Development Tax Revenues.......................................................................................................24
Historical Receipt of Non -Ad Valorem Revenues.................................................................................27
Debt of County Secured by Non -Ad Valorem Revenues.....................................................................28
INVESTMENT CONSIDERATIONS.....................................................................................................................30
GENERAL INFORMATION REGARDING ST. LUCIE COUNTY...................................................................31
Background.................................................................................................................................................31
CountyGovernment..................................................................................................................................31
Management Discussion...........................................................................................................................32
Reserves.......................................................................................................................................................
34
DebtPolicy..................................................................................................................................................34
InvestmentPolicy.......................................................................................................................................35
LIABILITIESOF THE COUNTY............................................................................................................................37
PensionPlans..............................................................................................................................................37
Other Post -Employment Benefits.............................................................................................................37
LEGALMATTERS...................................................................................................................................................37
LITIGATION.............................................................................................................................................................37
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS...........................................................38
TAXMATTERS.........................................................................................................................................................38
RATINGS................................................................................................................................................................... 39
FINANCIALADVISOR...........................................................................................................................................39
INDEPENDENTACCOUNTANTS.......................................................................................................................39
UNDERWRITING....................................................................................................................................................40
CONTINGENTFEES............................................................................................................................................... 40
ENFORCEABILITY OF REMEDIES.......................................................................................................................41
CONTINUINGDISCLOSURE................................................................................................................................41
ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT...............................................................41
AUTHORIZATION OF OFFICIAL STATEMENT...............................................................................................43
APPENDIX A:
General Information Concerning the County
APPENDIX B:
Independent Auditors' Report of the County
APPENDIX C:
Form of the Resolution
APPENDIX D:
Form of Bond Counsel Opinion
APPENDIX E:
Form of Continuing Disclosure Certificate
1t
OFFICIAL STATEMENT
relating to
ST. LUCIE COUNTY, FLORIDA
TAXABLE NON -AD VALOREM REVENUE BONDS,
SERIES 2017A
INTRODUCTION
General
This Official Statement, including the cover page, inside cover page and the Appendices hereto, is
furnished with respect to the sale of the $ * Taxable Non -Ad Valorem Revenue Bonds, Series 2017A
(the "Series 2017A Bonds") issued by St. Lucie County, Florida (the "County").
This introduction is not, and is not intended to be, a summary of this Official Statement. It is only
a brief description of and guide to, and is qualified by, more complete and detailed information contained
in the entire Official Statement, including the cover page, inside cover page and Appendices hereto, and
the documents summarized or described herein. A full review should be made of the entire Official
Statement. The offering of the Series 2017A Bonds is made only by means of this Official Statement and is
subject in all respects to the information contained herein. For a complete description of the terms and
conditions of the Series 2017A Bonds, reference is made to "APPENDIX C - Form of the Resolution"
attached hereto.
Unless otherwise indicated, capitalized terms used in this Official Statement shall have the same
meaning established in "APPENDIX C - Form of the Resolution" attached hereto.
Authority for and Purpose of Issuance
The Series 2017A Bonds are being issued pursuant to the authority and in compliance with the
Constitution of the State of Florida, Chapter 125, Florida Statutes and other applicable provisions of law,
and pursuant to Resolution No. adopted by the Board of County Commissioners of the County (the
"Board") on November 7, 2017, as amended and supplemented from time to time (the 'Resolution").
The Series 2017A Bonds are being issued to provide funds to (i) finance the cost of the Project and
(ii) pay costs associated with the issuance of the Series 2017A Bonds. See "THE PROJECT" herein for a
description of the Project.
Security for the Bonds
The Series 2017A Bonds will be payable from and secured by a covenant to budget and
appropriate legally available non -ad valorem revenues sufficient to pay debt service on the Series 2017A
Bonds. See "SECURITY FOR BONDS" herein.
* Preliminary, subject to change
Other Information
This Official Statement speaks only as of its date, and the information contained herein is subject
to change.
Copies of the Resolution and other documents and information are available, upon request and
upon payment to the County of a charge for copying, mailing and handling, from the County
Administrator, 2300 Virginia Avenue, Fort Pierce, Florida 34982.
For a complete description of the terms and conditions of the Series 2017A Bonds, reference is
made to the Resolution, the form of which is included in "APPENDIX C - Form of the Resolution"
attached hereto. The description of the Resolution, the Series 2017A Bonds and information from reports
contained herein do not purport to be comprehensive or definitive.
THE PROJECT
The proceeds of the Series 2017A Bonds will be used to acquire certain port and ancillary facilities
and property rights within the County known as the King Maritime Terminal, including but not limited
to two warehouse structures, along with submerged land leases from the State of Florida, and construct
certain improvements thereto.
DESCRIPTION OF THE SERIES 2017A BONDS
General
The Series 2017A Bonds shall be dated the date of their delivery, shall be numbered consecutively
from R-1 upward and shall be issued in the denominations of $5,000 or integral multiples thereof. The
Series 2017A Bonds will mature on the dates and will bear interest at the rates set forth on the inside
cover page of this Official Statement. Interest on the Series 2017A Bonds shall be payable semi-annually
on November 1 and May 1 in each year commencing May 1, 2018 and is payable by check or draft of U.S.
Bank National Association, Jacksonville, Florida as initial registrar and paying agent (the "Registrar" and
the "Paying Agent"). The principal of, or Redemption Price, if applicable, on the Series 2017A Bonds are
payable upon presentation and surrender of the Series 2017A Bonds at the office of the Paying Agent and
Registrar for the Series 2017A Bonds. Interest payable on any Series 2017A Bond on any Interest Date
will be paid by check or draft of the Paying Agent to the Holder in whose name such Series 2017A Bond
shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a
business day) of the calendar month next preceding such Interest Date, or at the prior written request and
expense of such Holder, by bank wire transfer for the account of such Holder. All payments of principal
of or Redemption Price, if applicable, and interest on the Series 2017A Bonds shall be payable in any coin
or currency of the United States of America which at the time of payment is legal tender for the payment
of public and private debts.
Book -Entry Only System
THE FOLLOWING INFORMATION CONCERNING DTC AND DTC'S BOOK -ENTRY ONLY
SYSTEM HAS BEEN OBTAINED FROM DTC, AND NEITHER THE COUNTY NOR THE
UNDERWRITERS TAKE ANY RESPONSIBILITY FOR THE ACCURACY THEREOF.
DTC will act as securities depository for the Series 2017A Bonds. The Series 2017A Bonds will be
registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be
requested by an authorized representative of DTC. One fully -registered Series 2017A Bond will be used
for each maturity of the Series 2017A Bonds, in the aggregate amount of such maturity, and will be
deposited with DTC.
SO LONG AS CEDE & CO. 1S THE REGISTERED OWNER OF THE SERIES 2017A BONDS, AS
NOMINEE OF DTC, CERTAIN REFERENCES IN THIS OFFICIAL STATEMENT TO THE SERIES 2017A
BONDHOLDERS OR REGISTERED OWNERS OF THE SERIES 2017A BONDS WILL MEAN CEDE &
CO. AND WILL NOT MEAN THE BENEFICIAL OWNERS OF THE SERIES 2017A BONDS. THE
DESCRIPTION WHICH FOLLOWS OF THE PROCEDURES AND RECORD KEEPING WITH RESPECT
TO BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2017A BONDS, PAYMENT OF INTEREST
AND PRINCIPAL ON THE SERIES 2017A BONDS TO DIRECT PARTICIPANTS (AS HEREINAFTER
DEFINED) OR BENEFICIAL OWNERS OF THE SERIES 2017A BONDS, CONFIRMATION AND
TRANSFER OF BENEFICIAL OWNERSHIP INTERESTS IN THE SERIES 2017A BONDS, AND OTHER
RELATED TRANSACTIONS BY AND BETWEEN DTC, THE DIRECT PARTICIPANTS AND
BENEFICIAL OWNERS OF THE SERIES 2017A BONDS IS BASED SOLELY ON INFORMATION
FURNISHED BY DTC. ACCORDINGLY, NEITHER THE COUNTY NOR THE UNDERWRITERS MAKE
NOR CAN MAKE ANY REPRESENTATIONS CONCERNING THESE MATTERS.
DTC, the world's largest depository, is a limited -purpose trust company organized under the
New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a
member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A
of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues
of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market instruments
(from over 100 countries) that DTC's participants (the "Direct Participants") deposit with DTC. DTC also
facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in
deposited securities, through electronic computerized book -entry transfers and pledges between Direct
Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct
Participants include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies,
clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The
Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National
Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered
clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is
also available to others such as both U.S. and non -U.S. securities brokers, dealers, banks, trust companies
and clearing corporations that clear through or maintain a custodial relationship with a Direct
Participant, either directly or indirectly (the "Indirect Participants"). DTC has Standard & Poor's highest
rating: AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange
Commission. More information about DTC can be found at www.dtcc.com.
Purchases of Series 2017A Bonds under the DTC system must be made by or through Direct
Participants, which will receive a credit for such Series 2017A Bonds on DTC's records. The ownership
interest of each actual purchaser of each Series 2017A Bond (the "Beneficial Owner") is in turn to be
recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written
confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written
confirmations providing details of the transaction, as well as periodic statements of their holdings, from
3
the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction.
Transfers of ownership interests in the Series 2017A Bonds are to be accomplished by entries made on the
books of Direct and Indirect Participants acting on behalf of the Beneficial Owners. Beneficial Owners
will not receive certificates representing their ownership interests in the Series 2017A Bonds, except in the
event that use of the book -entry system for the Series 2017A Bonds is discontinued.
To facilitate subsequent transfers, all Series 2017A Bonds deposited by Direct Participants with
DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be
requested by an authorized representative of DTC. The deposit of Series 2017A Bonds with DTC and
their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2017A Bonds;
DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2017A
Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants
will remain responsible for keeping an account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial
Owners will be governed by arrangements made among them, subject to any statutory or regulatory
requirements as may be in effect from time to time. Beneficial Owners of the Series 2017A Bonds may
wish to take certain steps to augment the transmission to them of notices of significant events with
respect to the Series 2017A Bonds, such as redemptions, tenders, defaults, and proposed amendments to
the Series 2017A Bond documents. For example, Beneficial Owners of the Series 2017A Bonds may wish
to ascertain that the nominee holding the Series 2017A Bonds for their benefit has agreed to obtain and
transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their
names and addresses to the Registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Series 2017A Bonds are being
redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in
such Series 2017A Bonds to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to
the Series 2017A Bonds unless authorized by a Direct Participant in accordance with DTC's MMI
Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the County as soon as possible
after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those
Direct Participants to whose accounts the Series 2017A Bonds are credited on the record date (identified
in a listing attached to the Omnibus Proxy).
Principal and interest payments on the Series 2017A Bonds will be made to Cede & Co., or such
other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit
Direct Participants' accounts, upon DTC's receipt of funds and corresponding detail information from the
County or the Paying Agent and Registrar on the payable date in accordance with their respective
holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by
standing instructions and customary practices, as is the case with securities held for the accounts of
customers in bearer form or registered in "street name," and will be the responsibility of such Participant
and not of DTC, the Paying Agent or the County, subject to any statutory and regulatory requirements as
may be in effect from time to time. Payment of principal and interest to Cede & Co. (or such other
nominee as may be requested by an authorized representative of DTC) is the responsibility of the County
and/or the Paying Agent for the Series 2017A Bonds. Disbursement of such payments to Direct
0
Participants is the responsibility of DTC, and disbursement of such payments to the Beneficial Owners is
the responsibility of the Direct and Indirect Participants.
DTC may discontinue providing its services as securities depository with respect to the Series
2017A Bonds at any time by giving reasonable notice to the County. Under such circumstances, in the
event that a successor securities depository is not obtained, Series 2017A Bond certificates are required to
be printed and delivered.
The County may decide to discontinue use of the system of book -entry transfers through DTC (or
a successor securities depository). In that event, Series 2017A Bond certificates will be printed and
delivered and be subject to transfer and registration as provided in the Resolution and as described below
under the subheading "—Interchangeability, Negotiability and Transfer."
Optional Redemption
The Series 2017A Bonds maturing on or before November 1, are not subject to optional
redemption prior to maturity. The Series 2017A Bonds maturing on and after November 1, are
subject to redemption at the option of the County from any legally available revenues in whole or in part,
at any time, on or after November 1, in such order of maturities as may be determined by the
County (less than all of a single maturity to be selected by lot) at a Redemption Price of 100% of the
principal amount to be redeemed, plus accrued interest to the date set for redemption.
Mandatory Redemption
The Series 2017A Bonds maturing on November 1, , are subject to mandatory sinking fund
redemption, prior to maturity in part, by lot on November 1, and on each November 1 thereafter, at
a redemption price equal to the principal amount of such Series 2017A Bonds or portions thereof to be
redeemed, plus interest accrued thereon to the date of redemption, on November 1 in the following years
and in the following amounts:
Year Amount
*Maturity.
Selection of Series 2017A Bonds to be Redeemed
The Series 2017A Bonds shall be redeemed only in the principal amount of $5,000 each and
integral multiples thereof. The County shall, at least 45 days prior to the redemption date (unless a
shorter time period shall be satisfactory to the Registrar), notify the Registrar of such redemption date
and of the principal amount of Series 2017A Bonds to be redeemed. For purposes of any redemption of
less than all of the Outstanding Series 2017A Bonds of a single maturity, the particular Series 2017A
Bonds or portions of Series 2017A Bonds to be redeemed shall be selected not more than 45 days and not
less than 35 days prior to the redemption date by the Registrar from the Outstanding Series 2017A Bonds
of the maturity or maturities designated by the County by such method as the Registrar shall deem fair
and appropriate and which may provide for the selection for redemption of Series 2017A Bonds or
portions of Series 2017A Bonds in principal amounts of $5,000 and integral multiples thereof.
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Notice of Redemption
Notice of such redemption, which shall specify the Series 2017A Bond or Series 2017A Bonds (or
portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar
on behalf of the County, and (A) shall be filed with the Paying Agent of such Series 2017A Bonds, and (B)
shall be mailed first class, postage prepaid, not less than 30 days nor more than 45 days prior to the
redemption date to all Holders of Series 2017A Bonds to be redeemed at their addresses as they appear
on the registration books kept by the Registrar as of the date of mailing of such notice. In addition to the
making of the notice described above, the Registrar shall give additional notice of the redemption of
Series 2017A Bonds in accordance with any regulation or release of the Municipal Securities Rulemaking
Board or governmental agency or body from time to time applicable to such Series 2017A Bonds. Failure
to mail such notice, or any defect therein, shall not affect the proceedings for redemption of Series 2017A
Bonds as to which no such failure or defect has occurred. Failure of any Holder to receive any notice
mailed as provided in the Resolution shall not affect the proceedings for redemption of such Holder's
Series 2017A Bonds.
Each notice of redemption shall state: (1) the CUSIP numbers and any other distinguishing
number or letter of all Series 2017A Bonds being redeemed, (2) the original issue date of such Series
2017A Bonds, (3) the maturity date and rate of interest borne by each Series 2017A Bond being redeemed,
(4) the redemption date, (5) the Redemption Price, (6) the date on which such notice is mailed, (7) if less
than all Outstanding Series 2017A Bonds are to be redeemed, the certificate number (and, in the case of a
partial redemption of any Series 2017A Bond, the principal amount) of each Series 2017A Bond to be
redeemed, (8) that on such redemption date there shall become due and payable upon each Series 2017A
Bond to be redeemed the Redemption Price thereof, or the Redemption Price of the specified portions of
the principal thereof in the case of Series 2017A Bonds to be redeemed in part only, together with interest
accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to
accrue and be payable, (9) that the Series 2017A Bonds to be redeemed, whether as a whole or in part, are
to be surrendered for payment of the Redemption Price at the designated office of the Registrar at an
address specified, (10) the name and telephone number of a person designated by the Registrar to be
responsible for such redemption, (11) unless sufficient funds have been set aside by the County for such
purpose prior to the mailing of the notice of redemption, that such redemption is conditioned upon the
deposit of sufficient funds for such purpose on or prior to the date set for redemption, and (12) any other
conditions that must be satisfied prior to such redemption.
The County may provide that a redemption will be contingent upon the occurrence of certain
conditions and that if such conditions do not occur the notice of redemption will be rescinded, provided
notice of rescission shall be mailed in the manner described in the Resolution to all affected Bondholders
not later than three business days prior to the date of redemption.
Redemption of Portions of Series 2017A Bonds
Any Series 2017A Bond which is to be redeemed only in part shall be surrendered at any place of
payment specified in the notice of redemption (with due endorsement by, or written instrument of
transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly
authorized in writing) and the County shall execute and the Registrar shall authenticate and deliver to
the Holder of such Series 2017A Bond, without service charge, a new Series 2017A Bond or Series 2017A
Bonds, of any authorized denomination, as requested by such Holder in an aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Series 2017A Bonds so
R
surrendered.
Payment of Redeemed Series 2017A Bonds
Notice of redemption having been given substantially as aforesaid, the Series 2017A Bonds or
portions of Series 2017A Bonds to be redeemed shall, on the redemption date, become due and payable at
the Redemption Price therein specified, and from and after such date (unless the County shall default in
the payment of the Redemption Price) such Series 2017A Bonds or portions of Series 2017A Bonds shall
cease to bear interest. Upon surrender of such Series 2017A Bonds for redemption in accordance with
said notice, such Series 2017A Bonds shall be paid by the Registrar and/or Paying Agent at the
appropriate Redemption Price, plus accrued interest. All Series 2017A Bonds which have been redeemed
shall be cancelled and destroyed by the Registrar and shall not be reissued.
Interchangeability, Negotiability and Transfer
The following provisions shall only be applicable if DTC's book -entry only system of registration is
discontinued.
Series 2017A Bonds, upon surrender thereof at the office of the Registrar with a written
instrument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney
duly authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate
principal amount of registered Series 2017A Bonds of the same maturity of any other authorized
denominations.
The Series 2017A Bonds issued under the Resolution shall be and have all the qualities and
incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of the
State of Florida, subject to the provisions for registration and transfer contained in the Resolution and in
the Series 2017A Bonds. So long as any of the Series 2017A Bonds shall remain Outstanding, the County
shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Series
2017A Bonds.
Each Series 2017A Bond shall be transferable only upon the books of the County, at the office of
the Registrar, under such reasonable regulations as the County may prescribe, by the Holder thereof in
person or by his attorney duly authorized in writing upon surrender thereof together with a written
instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his
duly authorized attorney. Upon the transfer of any such Series 2017A Bond, the County shall issue, and
cause to be authenticated, in the name of the transferee a new Series 2017A Bond or Series 2017A Bonds
of the same aggregate principal amount and maturity as the surrendered Series 2017A Bond. The
County, the Registrar and any Paying Agent or fiduciary of the County may deem and treat the Person in
whose name any Outstanding Series 2017A Bond shall be registered upon the books of the County as the
absolute owner of such Series 2017A Bond, whether such Series 2017A Bond shall be overdue or not, for
the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable,
and interest on such Series 2017A Bond and for all other purposes, and all such payments so made to any
such Holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such
Series 2017A Bond to the extent of the sum or sums so paid and neither the County nor the Registrar nor
any Paying Agent or other fiduciary of the County shall be affected by any notice to the contrary.
The Registrar, in any case where it is not also the Paying Agent in respect to any Series 2017A
Bonds, forthwith (A) following the fifteenth day prior to an Interest Date for the Series 2017A Bonds; (B)
following the fifteenth day next preceding the date of first mailing of notice of redemption of any Series
2017A Bonds; and (C) at any other time as reasonably requested by the Paying Agent of such Series
2017A Bonds, shall certify and furnish to such Paying Agent the names, addresses and holdings of
Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of
any fully registered Series 2017A Bond shall effect payment of interest on such Series 2017A Bonds by
mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and expense of
such Holder, transmit such payment by bank wire transfer for the account of such Holder.
In all cases in which the privilege of exchanging Series 2017A Bonds or transferring Series 2017A
Bonds is exercised, the County shall execute and deliver Series 2017A Bonds and the Registrar shall
authenticate such Series 2017A Bonds in accordance with the provisions of the Resolution. Execution of
Series 2017A Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring
Series 2017A Bonds may occur at the time of the original delivery of the Series 2017A Bonds. All Series
2017A Bonds surrendered in any such exchanges or transfers shall be held by the Registrar in safekeeping
until directed by the County to be cancelled by the Registrar. For every such exchange or transfer of
Series 2017A Bonds, the County or the Registrar may make a charge sufficient to reimburse it for any tax,
fee, expense or other governmental charge required to be paid with respect to such exchange or transfer.
The County and the Registrar shall not be obligated to make any such exchange or transfer of Series
2017A Bonds during the 15 days next preceding an Interest Date on the Series 2017A Bonds, or, in the
case of any proposed redemption of Series 2017A Bonds, then, for the Series 2017A Bonds subject to
redemption, during the 15 days next preceding the date of the first mailing of notice of such redemption
and continuing until such redemption date.
SECURITY FOR THE SERIES 2017A BONDS
General
The Series 2017A Bonds shall be payable from and secured by a covenant to budget and
appropriate from total revenues of the County derived from any source whatsoever, other than revenues
generated from ad valorem taxation on real or personal property, and which are legally available to make
the payments required in the Resolution (the "Non Ad Valorem Revenues").
THE SERIES 2017A BONDS SHALL NOT BE OR CONSTITUTE GENERAL OBLIGATIONS
OR INDEBTEDNESS OF THE COUNTY AS "BONDS" WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION, BUT SHALL BE SPECIAL OBLIGATIONS OF
THE COUNTY, PAYABLE SOLELY FROM AMOUNTS BUDGETED AND APPROPRIATED BY THE
COUNTY FROM NON -AD VALOREM REVENUES IN ACCORDANCE WITH THE RESOLUTION.
NO HOLDER OF ANY SERIES 2017A BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE
EXERCISE OF ANY AD VALOREM TAXING POWER TO PAY SUCH SERIES 2017A BOND, OR BE
ENTITLED TO PAYMENT OF SUCH SERIES 2017A BOND FROM ANY MONEYS OF THE
COUNTY EXCEPT FROM THE NON -AD VALOREM REVENUES IN THE MANNER AND TO THE
EXTENT PROVIDED IN THE RESOLUTION.
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Covenant To Budget And Appropriate
Pursuant to the Resolution, the County covenants and agrees to appropriate in its annual budget,
by amendment, if necessary, from Non -Ad Valorem Revenues amounts sufficient to pay principal of and
interest on the Series 2017A Bonds when due, to the extent amounts deposited into the Debt Service Fund
pursuant to the Resolution are insufficient therefor. Such covenant and agreement on the part of the
County to budget and appropriate such amounts of Non -Ad Valorem Revenues shall be cumulative to
the extent not paid, and shall continue until such Non -Ad Valorem Revenues or other legally available
funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated
and actually paid. Notwithstanding the foregoing covenant of the County, the County does not covenant
to maintain any services or programs, now provided or maintained by the County, which generate Non -
Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such Non -
Ad Valorem Revenues, nor does it preclude the County from pledging in the future its Non -Ad Valorem
Revenues, nor does it require the County to levy and collect any particular Non -Ad Valorem Revenues,
nor does it give the Series 2017A Bondholders a prior claim on the Non -Ad Valorem Revenues as
opposed to claims of general creditors of the County. Such covenant to appropriate Non -Ad Valorem
Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non -Ad
Valorem Revenues heretofore or hereafter entered into (including the payment of debt service on bonds
and other debt instruments). However, the covenant to budget and appropriate for the purposes and in
the manner stated in the Resolution shall have the effect of making available for the payment of the Series
2017A Bonds, in the manner described in the Resolution, Non -Ad Valorem Revenues and placing on the
County a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to
meet its obligations under the Resolution; subject, however, in all respects to the payment of essential
expenditures for general government and safety as shown in the County's audited financial statements.
See "DESCRIPTION OF NON -AD VALOREM REVENUES" herein for a description of the various Non -
Ad Valorem Revenues of the County.
Issuance of Other Obligations
In the Resolution, the County has covenanted that except for the Series 2017A Bonds, the County
will not issue any additional obligations payable from the Non -Ad Valorem Revenues, nor voluntarily
create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge against the
Non -Ad Valorem Revenues, or any part thereof, except as set out below.
No additional indebtedness payable from or secured by Non -Ad Valorem Revenues shall be
issued by the County unless the average of the annual Net Non -Ad Valorem Revenues Available For
Debt Service for the prior two Fiscal Years equals at least 150% of the Maximum Annual Debt Service on
all Debt payable from such Non -Ad Valorem Revenues.
In the event any additional obligations are issued for the purpose of refunding any Debt then
outstanding, the conditions of this section shall not apply, provided that the issuance of such additional
obligations shall result in a reduction of the aggregate Debt Service on the applicable Debt.
"Adjusted Essential Expenditures" means essential expenditures for general government and
public safety as shown in the County's audited financial statements less any revenues derived from ad
valorem taxation on real and personal property that are legally available to pay for such expenditures.
"Debt" means at any date (without duplication) all of the following to the extent that they are
secured by or payable in whole or in part from any Non -Ad Valorem Revenues (A) all obligations of the
County for borrowed money or evidenced by bonds, debentures, notes or other similar instruments; (B)
all obligations of the County to pay the deferred purchase price of property or services, except trade
accounts payable under normal trade terms and which arise in the ordinary course of business; (C) all
obligations of the County as lessee under capitalized leases; and (D) all indebtedness of other Persons to
the extent guaranteed by, or secured by, Non -Ad Valorem Revenues of the County; provided, however,
that with respect to any obligation contemplated in (D) above, such obligation shall not be considered
"Debt" for purposes of the Resolution unless the County has actually used Non -Ad Valorem Revenues to
satisfy such obligation during the immediately preceding Fiscal Year or reasonably expects to use Non -
Ad Valorem Revenues to satisfy such obligation in the current or immediately succeeding Fiscal Year.
After an obligation is considered "Debt" as a result of the proviso set forth in the immediately preceding
sentence, it shall continue to be considered "Debt" until the County has not used any Non -Ad Valorem
Revenues to satisfy such obligation for two consecutive Fiscal Years.
"Debt Service" means, at any time, the aggregate amount in the then applicable period of time of
(1) interest required to be paid on the applicable Debt during such period of time, except to the extent
that such interest is to be paid from proceeds of the Debt for such purpose, (2) principal of outstanding
Debt maturing in such period of time, and (3) the Amortization Installments with respect to Outstanding
Term Bonds or amortization payments with respect to other Debt maturing in such period of time.
"Maximum Annual Debt Service" means the maximum annual Debt Service on a consolidated
basis of all Debt payable from Non -Ad Valorem Revenues then outstanding and the planned additional
Debt to be issued for the then -current or any subsequent Fiscal Year. For purposes of the foregoing (a) if
said Debt has 25% or more of the aggregate principal amount coming due in any one year, Debt Service
shall be determined on the Debt during such period of time as if the principal of and interest on such
Debt were being paid from the date of incurrence thereof in substantially equal annual amounts over a
period of 25 years; and (b) for the purpose of determining Debt Service as described above, the interest
rate on variable rate Debt shall be deemed to be 120% of the average of the SIFMA Index over a two year
period of time ending on the date immediately prior to the sale of such additional obligation.
"Net Non -Ad Valorem Revenues Available For Debt Service" means the Non -Ad Valorem
Revenues minus Adjusted Essential Expenditures.
"SIFMA Index" means the Securities Industry and Financial Markets Association Municipal
Swap Index, or if that index is no longer published, a successor or similar index of short-term high-grade
tax-exempt indebtedness.
Investments
The Project Fund shall be continuously secured in the manner by which the deposit of public
funds are authorized to be secured by the laws of the State. Moneys on deposit in the Project Fund may
be invested and reinvested in Authorized Investments maturing not later than the date on which the
moneys therein will be needed for the purposes of such Fund.
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Any and all income received by the County from the investment of moneys in the Project Fund,
shall be retained therein. All investments shall be valued at the lower of market value (exclusive of
accrued interest) and cost.
Nothing contained in the Resolution shall prevent any Authorized Investments acquired as
investments of or security for funds held under the Resolution from being issued or held in book -entry
form on the books of the Department of the Treasury of the United States.
Separate Accounts
The moneys required to be accounted for in the foregoing fund established in the Resolution may
be deposited in a single bank account, and funds allocated to such fund established in the Resolution may
be invested in a common investment pool, provided that adequate accounting records are maintained to
reflect and control the restricted allocation of the moneys on deposit therein and such investments for the
various purposes of such fund as provided in the Resolution.
The designation and establishment of the fund in and by the Resolution shall not be construed to
require the establishment of any completely independent, self -balancing fund as such term is commonly
defined and used in governmental accounting, but rather is intended solely to constitute an earmarking
of certain revenues for certain purposes and to establish certain priorities for application of such revenues
as provided in the Resolution.
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ESTIMATED SOURCES AND USES OF FUNDS
The table that follows summarizes the estimated sources and uses of funds to be derived from the
sale of the Series 2017A Bonds:
SOURCES:
Bond Proceeds:
Par Amount
Net Original Issue [Premium][Discount]
TOTAL SOURCES
USES:
Deposit to Project Fund
Cost of Issuance0)
TOTAL USES
(1) Includes Underwriters' discount, financial advisory and legal fees and costs,
and miscellaneous costs of issuance.
[Remainder of page intentionally left blank]
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DEBT SERVICE SCHEDULE
The following table sets forth the debt service schedule for the Series 2017A Bonds.
Bond Year
Ending
November 1 Principal Interest Total
TOTAL
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DESCRIPTION OF NON -AD VALOREM REVENUES
General
The County generally receives two primary sources of revenue: ad valorem taxes and non -ad
valorem revenues. Ad valorem taxes may not be pledged for the payment of debt obligations of the
County maturing more than twelve months from the date of issuance thereof without approval of the
electorate of the County. The ad valorem tax revenues of the County are not pledged as security for the
payment of the Series 2017A Bonds and the County is not obligated to budget and appropriate ad
valorem tax revenues for the payment of the Series 2017A Bonds.
Non -ad valorem revenues of the County may be pledged or applied, subject to certain limitations
disclosed herein, for the payment of debt obligations of the County. Such non -ad valorem revenues
include a broad category of revenues, including, but not limited to, revenues received from the federal
and state governments, investment income and income produced from certain services and facilities of
the County, as described below.
As more fully described herein under "SECURITY FOR THE BONDS," the County has
covenanted and agreed in the Resolution, subject to certain restrictions and limitations, to budget and
appropriate sufficient Non -Ad Valorem Revenues in each year to pay principal of and interest on the
Series 2017A Bonds. The Holders of the Series 2017A Bonds do not have a lien on any specific Non -Ad
Valorem Revenues of the County and the County has certain debt and other obligations payable in the
same manner as the Series 2017A Bonds and also has outstanding certain other debt obligations payable
from a prior lien upon and pledge of certain specific Non -Ad Valorem Revenues sources of the County.
A large percentage of the revenues of the County, including ad valorem taxes and Non -Ad
Valorem Revenues, are deposited into the County's Governmental Funds. Furthermore, as described
herein under "SECURITY FOR THE BONDS," the obligation of the County to budget and appropriate
Non -Ad Valorem Revenues is subject to a variety of factors, including the payment of services and
programs which are for essential services for general government and safety of the inhabitants of the
County or which are legally mandated by applicable law, and the obligation of the County to have a
balanced budget. See "INVESTMENT CONSIDERATIONS" herein.
The County is permitted by the Florida Constitution to levy ad valorem taxes at a rate of up to
$10 per $1,000 of assessed valuation for general governmental expenditures. The General Fund ad
valorem tax millage rate for the Fiscal Year ending September 30, 2018 is $4.0965 per $1,000. The County
is also permitted by the State Constitution to levy ad valorem taxes above the $10 per $1,000 cap to pay
debt service on general obligation long-term debt if approved by a voter referendum. The County does
not currently have any general obligation bond debt outstanding.
The Florida Department of Financial Services ("FDFS") has developed, as part of the Uniform
Accounting System Manual's Chart of Accounts, six major categories of local government revenues:
taxes; permits, fees and special assessments; intergovernmental revenues; charges for services;
judgments, fines and forfeitures; and miscellaneous revenues. Using such categories, the following
describes the sources of the County's Non -Ad Valorem Revenues and outlines the County's classification
of such Non -Ad Valorem Revenues pursuant to the above-described categories:
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Taxes
Communications Services Tax Revenues
The Communications Services Tax Simplification Act, enacted by Chapter 2000-260, Laws of
Florida, as amended by Chapter 2001-140, Laws of Florida, and now codified in part as Chapter 202,
Florida Statutes (the "CSTA") established, effective October 1, 2001, a local communications services tax
of 1.6% on the sale of communications services as defined in Section 202.11, Florida Statutes. The rate is
in addition to the 0.24% add-on permitted by Section 337.401, Florida Statutes, and established by the
County for waiving the right to collect permit fees for the use of the rights-of-way by communications
providers.
The proceeds of the local communications services tax, less the FDOR's cost of administration
which may not exceed 1% of the total tax generated, are deposited in the Local Communications Services
Tax Clearing Trust Fund (the "CST Trust Fund") and distributed monthly to the appropriate jurisdiction.
The local communications services tax revenues received by the County are deposited into the County's
General Fund and may be used for any public purpose. The revenues that are received by the County
from such communications services tax which derive from the CST Trust Fund created with the FDOR
pursuant to Section 202.193, Florida Statutes, may be pledged for the repayment of current or future
bonded indebtedness. [As of November 2016, the County's local communications services tax for Fiscal
Year ended September 30, 2017 is estimated to be $841,129 (after adjustments) by the FDOR.]
One effect of the CSTA was to replace the former utilities tax on telecommunications, including
pre -paid calling arrangements, as well as any revenues from franchise fees on cable and
telecommunications service providers and permit fees relating to placing or maintaining facilities in
rights-of-way collected from providers of certain telecommunications services, with the local
communications services tax. This change in law was intended to be revenue neutral to the counties and
municipalities. The communications services tax applies to a broader base of communications services
than the former utilities tax on telecommunications.
The local communications services tax applies to the purchase of "communications services"
which originated or terminated within the County, with certain exemptions described below.
"Communication services" under the CSTA are defined as the transmission, conveyance, or routing of
voice, data, audio, video, or any other information or signals, including cable services, to a point, or
between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other
medium or method now in existence or hereafter devised, regardless of the protocol used for such
transmission or conveyance. The term does not include:
(a) Information services.
(b) Installation or maintenance of wiring or equipment on a customer's premises.
(c) The sale or rental of tangible personal property.
(d) The sale of advertising, including, but not limited to, directory advertising.
(e) Bad check charges.
(f) Late payment charges.
(g) Billing and collection services.
(h) Internet access service, electronic mail service, electronic bulletin board service, or
similar on-line services.
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While such services have historically been taxed if the charges for such services are not stated
separately from the charges for communications services, on a customer's bill, providers now have the
ability to exclude such services from the tax if they can be reasonably identified from the selling dealer's
books and records kept in the regular course of business. The dealer may support the allocation of
charges with books and records kept in the regular course of business covering the dealer's entire service
area, including territories outside of Florida.
The sale of communications services to (i) the federal government, or any instrumentality or
agency thereof, or any entity that is exempt from state taxes under federal law, (ii) the State or any
county, municipality or political subdivision of the State when payment is made directly to the dealer by
the governmental entity, and (iii) any home for the aged or educational institution (which includes state
tax -supported and nonprofit private schools, colleges and universities and nonprofit libraries, art
galleries and museums, among others) or religious institutions (which include, but are not limited to,
organizations having an established physical place for worship at which nonprofit religious services and
activities are regularly conducted) that is exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended (the "Code"), are exempt from the local communications
services tax.
The CSTA provides that, to the extent that a provider of communications services is required to
pay to a local taxing jurisdiction a tax, charge, or other fee under any franchise agreement or ordinance
with respect to the services or revenues that are also subject to the local communications services tax,
such provider is entitled to a credit against the amount of such local communications services tax payable
to the State in the amount of such tax, charge, or fee with respect to such service or revenues. The
amount of such credit is deducted from the amount that such local taxing jurisdiction is entitled to
receive under Section 202.18(3), Florida Statutes.
Under the CSTA, local governments must work with the FDOR to properly identify service
addresses to each municipality and county. If a jurisdiction fails to provide the FDOR with accurate
service address information, the local government risks losing tax proceeds that it should properly
receive. The County believes it has provided the FDOR with all information that the FDOR has requested
as of the date hereof and that such information is accurate.
The federal Internet Tax Freedom Act ("ITFA") imposed a moratorium on taxation of Internet
access by states and political subdivisions. As amended by the Internet Tax Nondiscrimination Act
("ITNA"), "Internet Access" includes telecommunications services (unregulated non-utility
telecommunications, such as cable services) purchased, used or sold by a provider of internet access to
provide Internet access, including related communication services, such as email and instant messaging.
On February 24, 2016, President Obama signed the Trade Facilitation and Trade Enforcement Act of
2015, in which was a provision granting a Permanent Moratorium on Internet Access Taxes (Public Law
114-125, Sec. 922). Since the moratorium has been in place since the inception of Chapter 202, Florida
Statutes, and Internet Access was not taxable pursuant to State law, the County does not anticipate any
negative impact on future collections of local communications services tax revenues because of this
action.
Providers of communications services collect the local communications services tax and may
deduct 0.75% as a collection fee (or 0.25% in the case of providers who do not employ an enhanced zip
code database or a data base that is either supplied or certified by the FDOR). The communications
services providers remit the remaining proceeds to the FDOR for deposit into the CST Trust Fund. The
16
FDOR then makes monthly contributions from the CST Trust Fund to the appropriate local governments
after deducting up to 1% of the total revenues generated as an administrative fee.
The amount of local communications services tax revenues received by the County is subject to
increase or decrease due to (i) increases or decreases in the dollar volume of taxable sales within the
County, (ii) legislative changes, and/or (iii) technological advances which could affect consumer
preferences.
The amount of the local communications services tax revenues collected within the County may
be adversely affected by de -annexation. Such de -annexation would decrease the number of addresses
contained within the County. At this time there are no de -annexations anticipated within the County.
In the 2012 Florida Legislative session, pursuant to Chapter 2012-70, a Communications Services
Tax Working Group ("CST Working Group") was established to study the modernization of the local
communications services tax revenues and provide a report regarding its findings. In its report dated
February 1, 2013, the CST Working Group recommended replacing the existing local communications
services tax with an increased sales and use tax. The CST Working Group conditioned their
recommendations upon the option being revenue neutral and emphasized the need to hold the State and
each municipality and county harmless by ensuring that the amount of revenues received under this new
approach would be at least equal to the revenues that each governmental unit is currently receiving from
the local communications services tax. The CST Working Group provided that the change to the tax
structure must be implemented in a manner that ensures that State and local governments are able to
bond the revenue stream and that existing bonds are not impaired. To date, no legislative action has been
taken with respect to the CST Working Group's recommendation.
Business Tax Revenues
The "Business Tax" (formerly called the "Occupational License Tax") includes the business taxes
levied and collected by the County pursuant to Chapter 205, Florida Statutes, and Ordinance No. 00-06
enacted by the Board on September 19, 2000, as amended. Section 205.032, Florida Statutes, authorizes
the County to levy "a business tax for the privilege of engaging in or managing any business, profession,
or occupation within its jurisdiction." The Business Tax may be levied on:
(1) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any business within its jurisdiction.
(2) Any person who maintains a permanent business location or branch office within the
municipality, for the privilege of engaging in or managing any profession or occupation within its
jurisdiction.
(3) Any person who does not qualify under subsection (1) or subsection (2) and who
transacts any business or engages in any occupation or profession in interstate. commerce, if the Business
Tax is not prohibited by the United States Constitution.
All Business Tax receipts are issued for payment by the County beginning August 1 of each year
and such taxes are due and payable on or before September 30 of each year. Each Business Tax receipt
expires on September 30 of the succeeding year. Business Tax receipts that are not renewed when due
and payable are delinquent and subject to a delinquency penalty of 10 percent for the month of October,
17
plus an additional 5 percent penalty for each subsequent month of delinquency until paid. However, the
total delinquency penalty may not exceed 25 percent of the Business Tax for the delinquent
establishment.
Any person who engages in or manages any business, occupation, or profession without first
paying the required Business Tax, is subject to a penalty of 25 percent of the tax due, in addition to any
other penalty provided by law or ordinance. Any person who engages in any business, occupation, or
profession covered by Chapter 205, Florida Statutes, who does not pay the required Business Tax within
150 days after the initial notice of tax due, and who does not obtain the required Business Tax receipt, is
subject to civil actions and penalties, including court costs, reasonable attorneys' fees, additional
administrative costs incurred as a result of collection efforts, and a penalty of up to $250.
Chapter 205, Florida Statutes, provides that the County may only increase by ordinance the rates of
Business Taxes every other year by up to 25 percent. The County last increased its Business Tax rates
in Fiscal Year 2007 by five percent (5%).
In past sessions of the Florida Legislature, legislation has been introduced that, had it been
enacted, could have reduced the amount of Business Taxes to be collected by the County. Such proposed
legislation was not passed. No assurance can be given that similar legislation will not be re -introduced in
the future.
Fuel Taxes
The County receives Constitutional Fuel Tax and County Fuel Tax Revenues which can only be
used for transportation purposes. Such taxes are not available for payment of the Series 2017A Bonds.
Intergovernmental Revenues
All revenues received by a local unit from federal, state, and other local government sources in
the form of grants, shared revenues, payments in lieu of taxes and payments in lieu of franchise fees
would be included in the intergovernmental revenues category. The category can be further classified
into eight subcategories: federal grants, federal payments in lieu of taxes ("PILOT'), state grants, state
shared revenues, state PILOT, if any, local grants, local shared revenues, and local PILOT. If a particular
grant is funded from separate intergovernmental sources, then the revenue is recorded proportionately.
At this time, the County does not receive any PILOT revenues from any other government. The largest
component is the Local Government Half -Cent Sales Tax.
Half -Cent Sales Tax Revenues
Section 212.05, Florida Statutes (the "Sales Tax Act") authorizes the levy and collection by the
State of a sales tax upon, among other things, the sales price of each item or article of tangible personal
property sold at retail in the State, subject to certain exceptions and dealer allowances. In 1982, the
Florida Legislature created the Local Government Half -Cent Sales Tax Program (the "Half -Cent Sales
Tax Program") which distributes a portion of the sales tax revenue and money from the State's General
Revenue Fund to counties and municipalities that meet strict eligibility requirements. In 1982, when the
Half -Cent Sales Tax Program was created, the general rate of sales tax in the State was increased from 4%
to 5%, and one-half of the fifth cent was devoted to the Half -Cent Sales Tax Program, thus giving rise to
the name "Half -Cent Sales Tax." Although the amount of sales tax revenue deposited into the Half -Cent
18
Sales Tax Program is no longer one-half of the fifth cent of every dollar of the sales price of an item
subject to sales tax, the name "Half -Cent Sales Tax" has continued to be utilized. As of October 1, 2001,
the Half -Cent Sales Tax Trust Fund (hereinafter defined) began receiving a portion of certain taxes
imposed by the State on communications services pursuant to Chapter 202, Florida Statutes.
Accordingly, moneys distributed from the Half -Cent Sales Tax Trust Fund now consist of funds derived
from both general sales tax proceeds and certain taxes imposed on the sales of communications services
required to be deposited into the Half -Cent Sales Tax Trust Fund.
The Half -Cent Sales Tax is collected on behalf of the State by businesses at the time of sale at
retail, use, consumption, or storage for use or consumption, of taxable property and remitted to the State
on a monthly basis. The Sales Tax Act provides for penalties and fines, including criminal prosecution,
for non-compliance with the provisions thereof.
The general rate of sales tax in the State is currently 6%. Section 212.20, Florida Statutes,
provides for the distribution of 8.9744%, reduced by 0.1%, of sales tax revenues to the Half -Cent Sales
Tax Clearing Trust Fund (the "Half -Cent Sales Tax Trust Fund"), after providing for certain transfers to
the State's General Fund. Such amount deposited in the Half -Cent Sales Tax Trust Fund is earmarked
for distribution to the governing body of such county and each participating municipality within that
county pursuant the following distribution formula:
County Share
(percentage of total Half -Cent = unincorporated + 2/3 incorporated
Sales Tax receipts) area population area population
total county population + 2/3 incorporated
area population
Municipality Share
(percentage of total Half -Cent = municipality population
Sales Tax receipts) total county population + 2/3 incorporated
area population
For purposes of the foregoing formula, "population" is based upon the latest official State
estimate of population certified prior to the beginning of the local government fiscal year. Should the
County annex any area or should any area of the County de -annex from the County, the share of the
Half -Cent Sales Tax received by the County would be respectively increased or decreased according to
the foregoing formula.
The Half -Cent Sales Tax is distributed from the Half -Cent Sales Tax Trust Fund on a monthly
basis to participating units of local government in accordance with the Sales Tax Act and is deposited by
the County into the County's General Fund. The Sales Tax Act permits the County to pledge its share of
the Half -Cent Sales Tax for the payment of principal of and interest on any capital project. [As of
November 2016, the County's Half Cent Sales Tax for Fiscal Year ended September 30, 2017 is estimated
to be $8,847,281 by the FDORJ
To be eligible to participate in the Half -Cent Sales Tax Program, each municipality and county is
required to have satisfied the Eligibility Requirements (defined below). Those requirements include, but
are not limited to, the following:
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(i) reported its finances for its most recently completed fiscal year to the Florida
Department of Banking and Finance ("FDBF") as required by Florida law;
(ii) made provisions for annual post audits of financial accounts in accordance with
provisions of law;
(iii) levied, as shown on its most recent financial report, ad valorem taxes, exclusive of taxes
levied for debt service or other special millages authorized by the voters, to produce the
revenue equivalent to a millage rate of 3 mills on the dollar based upon 1973 taxable
values or, in order to produce revenue equivalent to that which would otherwise be
produced by such 3 mill ad valorem tax, to have received certain revenues from a
county (in the case of a municipality), collected an occupational license tax, utility tax, or
ad valorem tax, or any combination of those four sources;
(iv) certified that persons in its employ as law enforcement officers meet certain
qualifications for employment, and receive certain compensation;
(v) certified that persons in its employ as firefighters meet certain employment
qualifications and are eligible for certain compensation;
(vi) certified that each dependent special district that is budgeted separately from the
general budget of such county or municipality has met the provisions for annual post
audit of its financial accounts in accordance with law; and
(vii) certified to the FDOR that it has complied with certain procedures regarding the
establishment of the ad valorem tax millage of the county or municipality as required by
law.
The requirements described in (i) through (vii) are referred to herein as the "Eligibility
Requirements". If the County does not comply with the Eligibility Requirements, the County would lose
its Half -Cent Sales Tax Trust Fund distributions for twelve (12) months following a "determination of
noncompliance" by the FDOR. The County has continuously maintained eligibility to receive the Half -
Cent Sales Tax.
Although the Sales Tax Act does not impose any limitation on the number of years during which
the County can receive distribution of the Half -Cent Sales Tax revenues from the Half -Cent Sales Tax
Trust Fund, there may be amendments to the Sales Tax Act in subsequent years imposing additional
requirements of eligibility for counties and municipalities participating in the Half -Cent Sales Tax
Program, and it is not unusual for the distribution formulas in Sections 212.20(6)(d) or 218.62, Florida
Statutes, to be revised from time to time.
The amount of Half -Cent Sales Tax revenues received by the County is subject to increase or
decrease due to (i) increases or decreases in the dollar volume of taxable sales within the County, (ii)
legislative changes relating to the overall sales tax, which may include changes in the scope of taxable
sales, changes in the tax rate and changes in the amount of sales tax revenue deposited into the Half -
Cent Sales Tax Trust Fund, (iii) changes in the relative population of the County, which affect the
percentage of Half -Cent Sales Tax received by the County, and (iv) other factors which may be beyond
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the control of the County, including but not limited to the potential for increased use of electronic
commerce and other internet-related sales activity that could have a material adverse impact upon the
amount of sales tax collected by the State and then distributed to the County.
State Revenue Sharing
A portion of certain taxes levied and collected by the State is shared with local governments
under provisions of Section 218.215, Florida Statutes. The amount deposited by the FDOR into the State
Revenue Sharing Trust Fund for Counties is 2.0810% of available sales and use tax collections after
certain required distributions, and 2.9% of the net collections from the cigarette tax.
The amount of revenues from the State Revenue Sharing Trust Fund for Counties distributed to
any one county is the average of three factors: an eligible county's percentage of the total population of
all eligible counties in the State; an eligible county's percentage of total population of the state residing in
unincorporated areas of all eligible counties; and an eligible county's percentage of total sales tax
collections in all eligible counties during the preceding year. The County's state revenue sharing
amount for State Fiscal Year Ended June 30, 2017 is [estimated] to be [$4,463,123] by the FDOR (which
includes "guaranteed entitlement", "second guaranteed entitlement", and Growth Monies, as described
below).
Each eligible county is entitled to receive a minimum amount of State Revenue Sharing Funds,
known as the "guaranteed entitlement" and the "second guaranteed entitlement," the first of which is
correlated to amounts received by such county from certain taxes on cigarettes, roads and intangible
property in the State Fiscal Year 1971-1972 and the second of which is correlated to the amount received
by such county in State Fiscal Year 1981-1982 from the then -existing tax on cigarettes and intangible
personal property, less the guaranteed entitlement. The funds remaining in the Revenue Sharing Trust
Fund after the distribution of the Guaranteed Entitlement and Second Guaranteed Entitlement are
referred to as "growth monies" that are further distributed to eligible counties (the "Growth Monies").
There are no restrictions on the use of the Guaranteed Entitlement, Second Guaranteed
Entitlement or the Growth Monies revenues, however there are restrictions on the amount of funds that
can be pledged for bond indebtedness. Counties are allowed to pledge the Guaranteed Entitlement and
the Second Guaranteed Entitlement revenues. Counties can assign, pledge, or set aside as a trust for the
payment of principal or interest on bonds or any other form of indebtedness an amount up to 50 percent
of the State Revenue Sharing Funds (including Growth Monies) received by it in the prior State Fiscal
Year.
To be eligible to participate in State Revenue Sharing in future years, the County must comply
with certain eligibility and reporting requirements. If the County fails to comply with such requirements,
the FDOR may utilize the best information available to it, if such information is available, or take any
necessary action including disqualification, either partial or entire, and the County shall further waive
any right to challenge the determination of the FDOR as to its disbursement, if any.
The County's receipt of distributions from the State Revenue Sharing Trust Fund may also be
affected if the County fails to make required Medicaid contributions to the State. See "- County Medicaid
Contributions" below.
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County Medicaid Contributions
Section 409.915, Florida Statutes, requires all counties in the State to pay a portion of the State
matching funds required for the federal Medicaid program. Pursuant to Section 409.915, Florida Statutes,
for the State Fiscal Years 2015-2016 through and including 2019-2020, the total amount of the Florida
counties' annual contribution will be the total contribution for the prior fiscal year adjusted by 50 percent
of the percentage change in the State Medicaid expenditures as determined by the Social Services
Estimating Conference of the State ("SSEC"). For each State fiscal year thereafter, the total amount of the
Florida counties' annual contribution shall be the total contribution for the prior fiscal year adjusted by
the percentage change in the State Medicaid expenditures as determined by the SSEC. By June 1 of each
year, the FDOR must notify each county of its individual required annual contribution which is
determined by a formula provided in Section 409.915, Florida Statutes.
For the County's Fiscal Year ended September 30, 2017, the County paid its required annual
contribution of [$3,834,320] to the State from the County's General Fund and for the Fiscal Year ending
September 30, 2018, the County has budgeted $4,088,172.81 for its required annual contribution from the
County's General Fund. The County's annual contribution is due in equal monthly installments by the 5th
day of each month. If the County fails to remit the payment by the 5th of the month, the FDOR shall
reduce the monthly distribution to the County from the Half -Cent Sales Tax Trust Fund pursuant to
Section 218.61, Florida Statutes and, if necessary, by the amount of the monthly installment from the State
Revenue Sharing Trust Fund pursuant to Section 218.26, Florida Statutes. The County has continuously
made timely payments of its annual contribution from funds on deposit in the County's General Fund.
The County does not anticipate that its receipt of Half -Cent Sales Tax Revenues or State Revenue Sharing
Moneys will be affected by its obligation to make the annual contributions required by Section 409.915,
Florida Statutes.
In addition to the annual contributions described above, the State was required to certify to each
county by August 1, 2012, the amount of such county's Medicaid billings from November 1, 2001 through
April 30, 2012, which remained unpaid (the "Prior Disputed Amounts"). The State certified the County's
Prior Disputed Amounts in an amount equal to $5,355,000 after the State and County entered into a
settlement agreement on February 11, 2013, which amount is being paid by the County from the County's
General Fund over a five year period. The balance remaining at September 30, 2017 was $0. In addition,
certain federal funding to the State through the Low Income Pool Program (the "LIP Program") is
currently scheduled to expire in June, 2018. The LIP Program provides federal funding to hospitals and
other health providers that serve large numbers of uninsured patients. In the event that federal funding
for the LIP Program is not renewed or substitute funding provided, the State Medicaid expenditures
would increase. This could cause a material increase in the amount of the Florida counties' required
contributions based on the current statutory adjustments.
Franchise Fee Revenues
The County is authorized by Section 180.14, Florida Statutes, to grant nonexclusive, revocable
franchises to construct, reconstruct, operate and maintain, cable communications systems, telephone and
telegraph facilities, and natural gas and electricity transmission and distribution facilities.
Electric Franchise Fee Revenues
22
The County imposes an electric franchise fee upon and collected from the Fort Pierce Utilities
Authority ("FPUA") pursuant to Ordinance No. 97-30, enacted by the Board on September 23, 1997 (the
"FPUA Franchise Fee Ordinance"), whereby the County granted to FPUA, a 30 year electric franchise
which is in effect until September 23, 2027. Under the FPUA Franchise Fee Ordinance, FPUA is required
to pay the County an amount equal to 5 percent of FPUA's Gross Revenues (as defined in Ordinance No.
97-30) received from customers in the unincorporated areas of the County.
Additionally, the County imposes an electric franchise fee imposed upon and collected from
Florida Power & Light Company pursuant to Ordinance No. 97-29, enacted by the Board on September
23, 1997 (the "FPL Franchise Fee Ordinance"), whereby the County granted to FPL, a thirty-year electric
franchise which is in effect until September 23, 2027. Under the FPL Franchise Fee Ordinance, FPL is
required to pay the County a percentage of the revenues derived from the sale of electrical energy to
residential, commercial and industrial customers within the unincorporated areas of the County. The FPL
Franchise Fee Ordinance provides that commencing ninety (90) days after the effective date and each
month thereafter for the remainder of the term of the franchise, FPL, its successors and assigns, shall pay
to the County and its successors an amount which when added to the amount of all licenses, excises, fees,
charges and other impositions of any kind whatsoever (except ad valorem property taxes and non -ad
valorem assessments on property, radiological emergency preparedness paid to or for the benefit of the
County, and any charges to FPL for accepting wastewater) levied or imposed by the County against
FPL's property, business or operations, and those of its subsidiaries during FPL's monthly billing period
ending 60 days prior to each such payment will equal 5 percent of FPL's billed revenues, less actual write-
offs, from the sale of electrical energy to residential, commercial, and industrial customers within the
unincorporated areas of the County.
Licenses and Permits
These are revenues derived from the issuance of occupational licenses, building permits,
certification fees, and special assessments. Such fees currently are a minor portion of the County's Non -
Ad Valorem Revenues.
Charges for Services
Revenues resulting from a local unit's charges for services are reflected in this category and
include those charges received from private individuals or other governmental units. The following
functional areas include such charges:
(i)
General government;
(ii)
Public safety;
(iii)
Physical environment;
(iv)
Human services;
(v)
Transportation and parking;
(vi)
Recreation and culture; and
(vii)
Other.
Fines and Forfeitures
Fines and forfeitures reflect those penalties and fines imposed for the commission of statutory
offenses, violation of lawful administrative rules and regulations. Forfeitures include revenues resulting
23
from confiscation of deposits or bonds held as performance guarantees and proceeds from the sale of
contraband property seized by law enforcement agencies.
Miscellaneous Non -Ad Valorem Revenue
This is a broad category that includes a wide variety of revenues, including but not limited to
licensing and regulatory fees, fees for services or publications, transfers from other governmental units,
traffic and parking fines, interest earnings and other miscellaneous revenues.
Tourist Development Tax Revenues
Pursuant to Section 125.0104(3)(b), Florida Statutes, counties may levy and impose a tourist
development tax within their boundaries on the exercise of the taxable privilege described in Section
125.0104(3)(a), Florida Statutes. It is the intent of the Florida Legislature that every person who rents,
leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel,
motel, resort motel, apartment, apartment motel, rooming house, mobile home park, recreational vehicle
park, condominium or time share resort for a term of six months or less, subject to certain exemptions
described in Chapter 212, Florida Statutes, is exercising a taxable privilege.
The person receiving the consideration for such rental or lease shall receive, account for, and
remit the tax to the County Tax Collector (the "Tax Collector") at the time and in the manner provided for
persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and
privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the
collection and remission of tax, the making of returns, the keeping of books, records and accounts, and
compliance with the rules of the FDOR in the administration of said chapter shall apply to and be binding
upon all persons who are subject to the provisions of Ordinance No. 11-028 enacted by the Board on
September 27, 2011 (the "Ordinance"). Collections received by the Clerk, less the costs of administration
shall be paid and returned, on a monthly basis to County for use by the County and shall be placed in the
County's Tourist Development Trust Fund in accordance with the County's tourist development plan.
Any person who is taxable who fails or refuses to charge and collect from the person paying any
rental or lease such tourist development taxes, either by himself or through his agents or employees,
shall, in addition to being personally liable for the payment of such taxes, be guilty of a misdemeanor of
the first degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes. Such tourist
development taxes shall constitute a lien on the property of the lessee, customer, or tenant in the same
manner as, and shall be collectible as are, liens authorized and imposed in Sections 713.67, 713.68 and
713.69, Florida Statutes.
Pursuant to Section 125.0104(3)(c), Florida Statutes, counties are authorized to levy a tourist
development tax at a rate of up to 2% on the exercise of the taxable privilege described above if it was
approved by referendum, as required by Section 125.0104(6), Florida Statutes (the "First Cent and Second
Cent"). Pursuant to Section 125.0104(3)(4), Florida Statutes, counties are authorized to levy an additional
tourist development tax at a rate of 1% if there was either extraordinary approval of their respective
governing boards, or referendum approval (the "Third Cent"), provided the First Cent and the Second
Cent had been levied for at least three years prior to the imposition of the Third Cent.
Pursuant to Section 125.0104(3)(1), Florida Statutes, counties are authorized to levy an additional
tourist development tax at a rate of 1% if there is approval by a majority vote of such county's governing
board (the "Fourth Cent," the proceeds of which are referred to herein as "Fourth Cent Revenues"). The
24
County has imposed such 1% additional tourist development tax. Fourth Cent Revenues may be used to:
(a) Pay the debt service on bonds issued to finance the construction, reconstruction, or
renovation of a professional sports franchise facility, or the acquisition, construction, reconstruction, or
renovation of a retained spring training franchise facility, either publicly owned and operated, or publicly
owned and operated by the owner of a professional sports franchise or other lessee with sufficient
expertise or financial capability to operate such facility, and to pay the planning and design costs
incurred prior to the issuance of such bonds.
(b) Pay the debt service on bonds issued to finance the construction, reconstruction, or
renovation of a convention center, and to pay the planning and design costs incurred prior to the issuance
of such bonds.
(c) Pay the operation and maintenance costs of a convention center for a period of up to ten
(10) years. Only counties that have elected to levy the tax for the purposes authorized in paragraph (b)
above may use the tax for the purposes enumerated in this paragraph. Any county that elects to levy the
tax for the purposes authorized in paragraph (b) after July 1, 2000 may use the proceeds of the tax to pay
the operation and maintenance costs of a convention center for the life of the bonds.
(d) Promote and advertise tourism in the State and nationally and internationally; however,
if Fourth Cent Revenues are expended for an activity, service, venue, or event, the activity, service, venue,
or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of
the activity, service, venue, or event to tourists.
Any county that elects to levy the Fourth Cent for these purposes after July 1, 2000 may use the
proceeds of the tax to pay the operation and maintenance costs of a convention center for the life of the
bonds. A county levying the Fourth Cent may not expend any ad valorem revenues for such
construction, reconstruction, or renovation.
Pursuant to Section 125.0104(3)(n), Florida Statutes, a county which has imposed the Fourth Cent,
is authorized to levy an additional tourist development tax at a rate up to 1% if there is a majority plus
one vote of the governing board of such county (the "Fifth Cent," the proceeds of which are referred to
herein as "Fifth Cent Revenues"). The County has imposed such 1% additional tourist development tax.
Fifth Cent Revenues may be used for the following purposes:
(a) Pay the debt service on bonds issued to finance:
(i) The construction, reconstruction, or renovation of a facility either publicly owned
and operated, or publicly owned and operated by the owner of a professional sports franchise or
other lessee with sufficient expertise or financial capability to operate such facility, and to pay the
planning and design costs incurred prior to the issuance of such bonds for a new professional
sports franchise as defined in Section 288.1162, Florida Statutes.
(ii) The acquisition, construction, reconstruction, or renovation of a facility either
publicly owned and operated, or publicly owned and operated by the owner of a professional
sports franchise or other lessee with sufficient expertise or financial capability to operate such
facility, and to pay the planning and design costs incurred prior to the issuance of such bonds for
a retained spring training franchise.
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(b) Promote and advertise tourism in the State and nationally and internationally; however,
if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event
shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the
activity, service, venue, or event to tourists.
A county that imposes the Fifth Cent may not expend any ad valorem tax revenues for the
acquisition, construction, reconstruction, or renovation of a facility for which such Fifth Cent Revenues
are used pursuant to subparagraph (a).
Pursuant to Section 125.0104(3)(f), the tourist development tax shall be charged by the person
receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or
customer at the time of payment of the consideration for such lease or rental.
The County levies each of the First Cent, the Second Cent, the Third Cent, the Fourth Cent and
the Fifth Cent. [As of November 2016, the County's tourist development tax for Fiscal Year ending
September 30, 2017 is estimated to be $3,814,362 by the FDOR.]
[Remainder of page intentionally left blank]
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Historical Receipt of Non -Ad Valorem Revenues
The following table shows the historical receipt by the County of significant sources of
certain Non -Ad Valorem Revenues for the prior five Fiscal Years ended September 30. The table does
not include all of the Non -Ad Valorem Revenues of the County which may be available to pay debt
service on the County's debt secured by these revenues.
NON -AD VALOREM REVENUES OF ST. LUCIE COUNTY, FLORIDA
Source: St. Lucie County Clerk of the Circuit Court
[ADD COMNPARISON OF THE 9 MONTH PERIOD FOR 2016 VS. 2017 UNAUDITED]
[Remainder of page intentionally left blank]
27
2016
2015
2014
2013
2012
Local communication services taxes
$852,152
$909,243
$927,660
$ -
$ -
Local business taxes
25,119
21,173
24,967
25,393
24,984
Tourist development taxes
3,652,354
3,424,762
3,039,203
2,577,525
2,648,898
Licenses and permits
-
500
500
-
1,000
Franchise fees
4,024,278
4,175,910
4,047,236
2,795,968
2,640,942
Intergovernmental revenues
9,752,209
8,761,096
7,623,899
10,747,662
13,075,597
Charges for services
12,593,975
12,560,347
12,408,743
8,741,337
6,707,926
Fines and forfeitures
1,581,158
1,791,546
1,758,835
565,333
35,656
Investment income
754,862
918,327
452,484
165,011
1,380,487
Contributions from property owners
49,756
56,788
100,639
138,369
98,792
Miscellaneous
6,345,680
5,550,911
5,773,691
5,975,320
5,752,043
Total Legally Available Non -Ad
Valorem Revenues
$39,031,543
$38,170,603
$36,157,884
531,731,918
$32,366,M
Source: St. Lucie County Clerk of the Circuit Court
[ADD COMNPARISON OF THE 9 MONTH PERIOD FOR 2016 VS. 2017 UNAUDITED]
[Remainder of page intentionally left blank]
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Debt of County Secured by Non -Ad Valorem Revenues
The following table represents outstanding debt obligations of the County secured by specific
Non -Ad Valorem Revenue sources and or a covenant to budget and appropriate Non -Ad Valorem
Revenues. This table is exclusive of the debt of the County's business type activities such as in the water
and sewer and solid waste enterprise funds.
ST. LUCIE COUNTY, FLORIDA
NON -AD VALOREM REVENUE OBLIGATIONS
OUTSTANDING AS OF SEPTEMBER 30, 2017(4)
Source: Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2016.
(1) Secured by fuel tax revenues and such revenues can only be used for transportation related projects.
(Z) Secured by special assessments and a covenant to budget and appropriate Non -Ad Valorem
Revenues.
(3) Refinanced by the Taxable Capital Improvement Revenue Refunding Note, Series 2016B on December
22, 2016 in the amount of $4,832,000 payable from a covenant to budget and appropriate Non -Ad
Valorem Revenues. See table below.
(4) After September 30, 2016, the County issued its Capital Improvement Revenue Bond, Series 2016A on
November 22, 2016 in the amount of $3,000,000 payable from a covenant to budget and appropriate Non -
Ad Valorem Revenues. See table below.
The County also has several capital leases outstanding totaling $10,001,268 as of September 30,
2016 payable from Non -Ad Valorem Revenues. Not included in this total is a Motorola Lease in the
amount of $8,967,201. The Motorola equipment was still being built as of September 30, 2016.
From time to time, the County has issued various obligations secured by either a covenant to
budget and appropriate from legally available Non -Ad Valorem Revenues or by a pledge of a specific
non -ad valorem revenue source. Indebtedness of the County which is currently secured by a pledge of a
28
Principal Amount
Principal Amount
Issue
Issued
Outstanding
Sales Tax Revenue Refunding Bonds, Series 2013A
$47,285,000
$39,160,000
Sales Tax Revenue Refunding Bonds, Series 2013B
9,405,000
7,795,000
Capital Improvement Revenue Bond, Series 2015
7,000,000
6,485,000
Public Improvement Revenue Note, Series 2008A
1,700,000
835,000
Capital Improvement Revenue Refunding Note, Series 2011
10,330,000
4,980,000
Capital Improvement Revenue Note, Series 2007
10,000,000
1,967,812
Taxable Capital Improvement Revenue Refunding Note, Series 2016B
4,832,000
4,832,000
Transportation Revenue Refunding Bond, Series 20150)
11,390,000
11,105,000
Capital Improvement Revenue Refunding Bond, Series 2014
10,495,000
8,140,000
Capital Improvement Revenue Bond, Series 2016
3,320,000
3,005,000
Capital Improvement Revenue Bond, Series 2016A
3,000,000
2,810,000
Non Ad Valorem Revenue Bonds, Series 2017
46,865,000
46,865,000
Special Assessment Bond, Series 2010A(2)
4,355,000
2,615,000
Special Assessment Bond, Series 2010B(2)
860,000
520,000
Special Assessment Bond, Series 2010C(2)
260,000
155,000
Source: Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2016.
(1) Secured by fuel tax revenues and such revenues can only be used for transportation related projects.
(Z) Secured by special assessments and a covenant to budget and appropriate Non -Ad Valorem
Revenues.
(3) Refinanced by the Taxable Capital Improvement Revenue Refunding Note, Series 2016B on December
22, 2016 in the amount of $4,832,000 payable from a covenant to budget and appropriate Non -Ad
Valorem Revenues. See table below.
(4) After September 30, 2016, the County issued its Capital Improvement Revenue Bond, Series 2016A on
November 22, 2016 in the amount of $3,000,000 payable from a covenant to budget and appropriate Non -
Ad Valorem Revenues. See table below.
The County also has several capital leases outstanding totaling $10,001,268 as of September 30,
2016 payable from Non -Ad Valorem Revenues. Not included in this total is a Motorola Lease in the
amount of $8,967,201. The Motorola equipment was still being built as of September 30, 2016.
From time to time, the County has issued various obligations secured by either a covenant to
budget and appropriate from legally available Non -Ad Valorem Revenues or by a pledge of a specific
non -ad valorem revenue source. Indebtedness of the County which is currently secured by a pledge of a
28
specific Non -Ad Valorem Revenue source will have a claim and lien on such source prior to any claim
and lien of the Series 2017A Bonds. See below for various indebtedness secured by non -ad valorem
revenues and the debt service related thereto.
ST. LUCIE COUNTY, FLORIDA
NON -AD VALOREM REVENUE DEBT SERVICE SCHEDULE1i1
29
2016B
2011 2014 2015 2016 2036A Taxable
2007 Capital 2008A Capital Capital Capital Capital Capital Capital
Series 2017
Improve- Improve- Improve- 2013A/B Improve- Improve- Improve- Improve- Improve-
Non Ad
Period
ment ment ment Sales Tax ment ment ment ment ment
Valorem
Endi Lrig
Note")") Note"' Note"' Bonds"' Bond"' Bond170" Bond"' Bonder Bondj10)
Bonds
Aggrggate
10/1/2018
1,016,035 165,748 1,062,917 4,729,600 1,276,174 458,785 273,130 291,258 774,715
3,434,150
13,482,511
10/1/2019
1,015,746 164,648 1,062,222 4,733,000 1,285,146 455,907 273,060 291,244 773,080
3,435,400
13,489,453
10/1/2020
163,304 1,061,094 4,735,050 1,278,275 457,824 277,860 291,121 770,900
3,434,000
12,469,427
10/1/2021
161,716 1,059,532 4,736,800 1,280,921 459,467 277,400 290,889 774,175
3,438,750
12,479,650
10/1/2022
164,884 1,062,537 4,736,550 1,122,845 455,905 276,810 290,548 770,723
3,435,250
12,316,051
10/1/2023
162,564 4,734,050 952,901 457,137 276,090 290,098 772,725
3,433,750
11,079,315
10/1/2024
4,734,050 891,452 458,095 275,240 289,539
3,434,000
10,082,376
10/1/2025
4,731,050 890,967 458,779 274,260 288,871
3,435,750
10,079,677
10/1/2026
3,469,800 454,257 273,150 288,094
3,433,750
7,919,051
10/1/2027
3,467,800 454,530 276,910 287,208
3,438,000
7,924,448
70/1/2028
3,474,800 454,529 275,410 291,213
3,438,000
7,933,952
10/1/2029
3,470,050 454,254 273,780
3,433,750
7,631,834
70/1/2030
3,467,050 453,705 277,020
3,435,250
7,633,025
10/1/2031
3,469,650 457,814
3,437,000
7,364,464
70/1/2032
3,472,450 456,580
3,438,750
7,367,780
10/7/2033
3,470,250 455,072
3,435,250
7,360,572
10/1/2034
453,290
3,436,500
3,889,790
10/1/2035
456,165
3,437,000
3,893,165
10/1/2036
3,436,500
3,436,500
10/1/2037
3,434,750
3,434,750
10/1/2038
2,456,500
2,456,500
10/1/2039
2,455,250
2,455,250
10/1/2040
2,454,250
2,454,250
10/1/2041
2,453,250
2,453,250
10/7/2042
2,457,000
2,457,000
$2,031,781 $982,864 $5,308,301 565,632,000 $8,979,680 $8,212,091 $3,580,120 $3,190,083 $4,636,318
$80,991,800
$183,544,037
Source: St. Lucie County Clerk of the Circuit Court.
(1)
Includes both principal and interest.
121
Bears interest at the rate of 2.13% and is subject to acceleration upon an event of default.
(3)
Bears interest at the rate of 4.88% and is subject to acceleration upon an event of default.
(4)
Bears interest at the rate of 2.167% and is subject to acceleration upon an event of default.
(5)
Bears interest at the rate of 2.00-5.00% and is not subject to acceleration upon an event of default.
(6)
Bears interest at the rate of 2.14% and is subject to acceleration upon an event of default for non-payment.
(7)
Bears interest at the rate of 2.74% and is subject to acceleration upon an event of default for non-payment of any
debt and in the case
of bankruptcy.
(8)
Bears interest at the rate of 2.60% and is subject to acceleration upon an event of default for non-payment.
(9)
Bears interest at the rate of 2.18% and is subject to acceleration upon an event of default for non-payment.
(10)
Bears interest at the rate of 3.03% and is subject to acceleration upon an event of default for non-payment.
29
Rounded to the nearest dollar.
INVESTMENT CONSIDERATIONS
The following discussion provides information relating to certain risks that could affect payments
of the principal of, redemption premium, if any, and interest on the Series 2017A Bonds. The order in
which the following information is presented is not intended to reflect the relative importance of the risks
discussed. The following information is not, and is not intended to be, exhaustive and should be read in
conjunction with all of the other sections of this Official Statement, including its appendices. Prospective
purchasers of the Series 2017A Bonds should carefully analyze the information contained in this Official
Statement, including its appendices (and including the additional information contained in the form of
the complete documents referenced or summarized herein), for a more complete description of the
investment considerations relevant to purchasing the Series 2017A Bonds. Copies of any documents
referenced or summarized in this Official Statement are available from the County as described under
"INTRODUCTION" herein.
1. There is no assurance that any rating assigned to the Series 2017A Bonds by a rating
agency will continue for any given period of time or that such rating will not be lowered or withdrawn
entirely by such rating agency, if in its judgment, circumstances warrant. A downgrade, change in or
withdrawal of any rating may have an adverse effect on the market price of the Series 2017A Bonds. See
"RATINGS" herein.
2. The County's covenant to budget and appropriate from Non -Ad Valorem Revenues for
the payment of the Series 2017A Bonds is limited by a number of factors. As indicated under the caption
"SECURITY FOR THE BONDS — General" herein, the County is required to operate with a balanced
budget. In addition, the County is not required and does not covenant to maintain any services or
programs which generate Non -Ad Valorem Revenues. Cancellation of any services or programs which
are not essential services and that generate Non -Ad Valorem Revenues could have an adverse effect on
the County fulfilling its covenant obligations under the Resolution. Certain Non -Ad Valorem Revenues,
such as State revenue sharing, may be subject to modification or repeal by the State Legislature. Certain
matching Non -Ad Valorem Revenues, such as governmental, foundation or corporate grants to the
County, also may be subject to modification or may be discontinued.
3. Continued consistent receipt of Non -Ad Valorem Revenues is dependent upon a variety
of factors, including greater or lesser growth in the unincorporated areas of the County that could have
positive or negative effects on Non -Ad Valorem Revenues. The amounts and availability of any of the
Non -Ad Valorem Revenues to the County are also subject to change, including reduction or elimination
by change of State law or changes in the facts or circumstances according to which certain of the Non -Ad
Valorem Revenues are allocated. In addition, the amount of certain of the Non -Ad Valorem Revenues
collected by the County is directly related to the general economy of the County. Accordingly, adverse
economic conditions could have a material adverse effect on the amount of Non -Ad Valorem Revenues
collected by the County. The County may also specifically pledge certain of the Non -Ad Valorem
30
Revenues or, upon meeting the anti -dilution test described under "SECURITY FOR BONDS — Issuance of
Other Obligations," covenant to budget and appropriate legally available Non -Ad Valorem Revenues of
the County to future obligations. In the case of a specific pledge, such Non -Ad Valorem Revenues would
be required to be applied to such obligations prior to paying the principal of and interest on the Series
2017A Bonds.
4. In the event of a default in the payment of principal of or interest on the Series 2017A
Bonds, the remedies of the owners of the Series 2017A Bonds are limited under the Resolution. See
"APPENDIX C — Form of the Resolution" herein.
GENERAL INFORMATION REGARDING ST. LUCIE COUNTY
Background
The County is located on the east south central coast of Florida, and encompasses an area of
approximately 581 square miles. It is bounded on the north by Indian River County, on the west by
Okeechobee County, on the south by Martin County and on the east by the Atlantic Ocean. Fort Pierce is
the County Seat and is located approximately 60 miles north of West Palm Beach and 100 miles southeast
of Orlando. The estimated population of the County as of July 1, 2016, was 306,507. The principal
industries of the County include tourism, agriculture, services, and light manufacturing. Incorporated
areas within the County include the City of Fort Pierce, the City of Port St. Lucie and the Town of St.
Lucie Village. See "APPENDIX A — General Information Concerning the County" attached hereto.
County Government
St. Lucie County is governed by five elected Commissioners and an appointed County
Administrator. The Board operates as a non -charter government pursuant to Article VIII, Section (1)(f), of
the Constitution of the State of Florida.
The members of the County Commission and expiration of their current terms of office are:
Commission Members
Chris Dzadovsky, Chairman
Tod Mowery, Vice Chair
Linda Bartz
Frannie Hutchinson
Cathy Townsend
Date Term Expires
November 2020
November 2018
November 2020
November 2018
November 2020
The Board has entrusted the position of County Administrator to Howard N. Tipton. Mr. Tipton
supervises the day-to-day workings of the County, manages the annual budget and oversees the
County's operating departments and divisions. Mr. Tipton was appointed County Administrator by the
Board in November 2014, having now served a total of 34 years in four different Florida counties. His
previous assignments have included Deputy County Administrator for Orange County (Orlando),
President/COO for a golf course development company, Chief Administrative Officer for the Orange
County Clerk of Courts, and most recently County Manager for Brevard County. He earned a Bachelor
of Science degree from James Madison University, a Masters of Public Administration from the
31
University of Central Florida and completed the program for senior executives in state and local
government at Harvard University's John F. Kennedy School of Government.
His community service includes serving on the St. Lucie United Way Board of Directors, St. Lucie
EDC Board of Directors, and as an Allegany Franciscan Ministries Lincoln Park Council Member. Past
service includes Board Chair of the United Way of Brevard and Chair of the Mental Health Association of
Central Florida, Board Member for Goodwill Industries of Central Florida, Board Member for the Brevard
Cultural Alliance, and a Stephen Minister for St. Luke's Methodist Church.
The County's Finance Director is Shai Francis. Ms. Francis joined the St. Lucie County Clerk's
office in October 2007. She is responsible for overseeing the operations for the Board's finance functions,
which include the investments, accounting, financial reporting, debt management, accounts payable,
accounts receivable, grants and contracts, Board recording secretary, and Value Adjustment Board
administration. She also prepares the Clerk's annual budget and overseas the entire Clerk's finances.
Ms. Francis has worked for over twenty-six years in various facets of local governmental accounting and
budget. She has a B.A. in accounting from Soochow University, Taipei, Taiwan, and a MBA from Florida
Institute of Technology, Florida. She is a certified public accountant and a certified government finance
officer for the State. She is a member of AICPA (American Institute of Certified Public Accountants),
FICPA (Florida Institute of Certified Public Accountant), GFOA (Government Finance Officers
Association), and FGFOA (Florida Government Finance Officers Association).
The Management and Budget Director, appointed by and serving at the pleasure of the County
Administrator, is responsible for preparing the County's annual budget and overseeing the County's
procurement function. The County's Interim Management and Budget Director is Jennifer Hill. Ms. Hill
was appointed as Interim Management and Budget Director on May 5, 2017. She joined the St. Lucie
County Office of Management and Budget in December of 2003 and has worked for twenty-two years in
governmental budgeting. She earned a Bachelor of Science degree from the University of Florida and a
Masters of Business Administration from Florida Atlantic University. She is also a Certified Government
Finance Officer.
Management Discussion
The Fiscal Year 2017-2018 Budget for the County was adopted by the Board on September 26,
2017 in the amount of $557,215,720 and was comprised of the General Fund, the Special Revenue Funds,
Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds and Trust and
Agency Funds. The General Fund Budget for Fiscal Year 2017-2018 was approximately $141,744,704 and
represented an increase of 4.54% from the Fiscal Year 2016-2017 adopted General Fund Budget
($135,585,459).
[Remainder of page intentionally left blank]
32
ST. LUCIE COUNTY, FLORIDA
Fiscal Year 2017-2018 Adopted Budget
Estimated Revenues
Estimated Beginning Balances
$237,307,773
Taxes:
Ad Valorem
167,604,462
Other Taxes & fees
8,165,584
Licenses and Permits
16,089,017
Intergovernmental Revenues
57,376,775
Charges for Services
46,875,461
Fines and Forfeits
1,094,997
Miscellaneous Revenues
11,044,793
Other Financing Sources
Interfund Transfers — In
19,531,911
Proceeds from Loans/Bonds
3,277,500
Internal Services & Other
754,006
Less 5%
11,906,559
Total Estimates Revenue Sources $557,215,720
Estimated Expenditures
General Government
Public Safety
Physical Environment
Transportation
Economic Environment
Human Services
Court Related
Culture & Recreation
Capital Outlay
Debt Service
Other Financing Uses
Interfund Transfers
Transfer to Const. Officers
Total Expenditures and Uses
Estimated Ending Balance
Total Expenditures and Uses
$51,032,274
22,097,337
40,860,678
31,278,668
9,236,509
12,034,525
5,757,528
20,467,933
128,250,589
19,632,469
19,531,911
94,923,923
$455,104,344
102,111,376
$557,215,720
Source: St. Lucie County Board of County Commissioners Final Budget, Fiscal Year 2018.
33
Reserves
Pursuant to Resolution No. 10-279 adopted on October 19, 2010, as amended and supplemented,
the County established a reserve policy. Such policy provides that the County shall maintain a
designated Emergency Reserve Fund equal to 5% of the total operating budget excluding funds that have
a minimum of 10% or $2,000,000 in reserves, whichever is greater. Such funds shall be used for natural or
manmade disasters.
Additionally, Resolution No. 10-279 provides that the County shall maintain a fund balance
reserve in the General Fund equal to 5% of the General Fund operating budget. Such funds may be used
to address unanticipated revenue shortfalls or any unforeseen expenditures not necessarily resulting
from a natural or manmade disaster.
The County is in compliance with both of the above policies. Such policies may be modified from
time to time.
Debt Policy
By adoption of the Fiscal Year 2016-2017 Budget, the County adopted its debt policy which
establishes the following criteria:
• The County will not fund operations or normal maintenance from the proceeds of long-term
financing and will confine long-term borrowing and capital leases to capital improvements,
projects or equipment that cannot be financed from current or projected financial resources.
• The County's debt capacity will be maintained within the following generally accepted
benchmarks:
- Debt per capita shall remain below four hundred ($400) dollars. Direct debt includes
general obligations and governmental fund bond debt.
- Direct debt per capita as a percentage of income per capita should not exceed 2%.
- Direct debt as a percentage of the final assessment value of taxable property as provided
by the Office of the Property Appraiser shall not exceed 1%.
- The ratio of direct debt service expenditures as a percentage of general governmental
expenditures will not exceed 10%.
• The County strives to maintain a minimum underlying bond rating equivalent to "Upper
Medium Grade" (Moody's "A" or S&P "A") and request an evaluation of their underlying
rating every five years or as deemed necessary by the Board.
• The County shall strive to keep the average maturity of general obligation bonds at or below
fifteen years.
34
• When financing capital projects or equipment by issuing bonds, the County will amortize the
debt over a term not to exceed the useful life of the project or piece of equipment.
• Each year the County will review its outstanding debt for the purpose of determining the
feasibility of refunding an issue.
• To the maximum extent possible, the County will use special assessment or self-supporting
bonds in lieu of general obligation bonds.
Investment Policy
Pursuant to Sections 125.31 and 218.415, Florida Statutes, the Board established an investment
policy applicable to all surplus funds held by or for the benefit of the County.
Pursuant to such investment policy, the authorized investments are as follows:
a. The Intergovernmental Investment Pool rated "AAAm" by Standard & Poor's or the
equivalent by another nationally recognized self-regulatory organization (NRSRO) for a stable Net Asset
Value (NAV) fund. If the stable NAV fund has no rating then the underlying securities must be either
FDIC insured; collateralized under the Florida Security for Public Deposits Act, Chapter 280, Florida
Statutes; or have a long term rating of "A" or better by a nationally recognized rating agency. For a
floating NAV fund, the minimum rating will be AAf/Sl or the equivalent by a nationally recognized
rating agency.
b. Negotiable direct obligations of, or obligations the principal and interest of which are
unconditionally guaranteed by the United States Government. Such securities will include, but not be
limited to, the following:
1. Treasury Bills
2. Treasury Notes
3. Treasury Bonds
C. Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by
United States agencies provided such obligations are backed by the full faith and credit of the United
States Government. Such securities will include, but not be limited to, the following:
1. Farmers Home Administration
2. Government National Mortgage Association (GNMA)
d. Bonds, debentures, notes of or other evidence of indebtedness issued or guaranteed by
United States Government agencies (Federal Instrumentalities) which are not backed by the full faith and
credit of the United States Government. Such securities will include, but not be limited to, the following:
1. Federal Farm Credit Bank (FFCB)
2. Federal Home Loan Bank or its district banks (FHLB)
3. Federal National Mortgage Association (FNMA)
4. Federal Home Loan Mortgage Corporation (Freddie -Mac)
35
e. Non-negotiable interest-bearing time certificates of deposit, money market accounts or
savings accounts in financial institutions organized under the laws of the United States, doing business
and situated in this state, provided that any such deposits are secured by the Florida Security for Public
Deposits Act, Chapter 280, Florida Statutes.
f. Repurchase agreements collateralized by Treasury Bills or Notes having a maturity of
two (2) years or less.
g. Securities and Exchange Commission registered money market funds with the highest
credit quality rating from a nationally recognized rating agency.
h. Corporate Obligations or Corporate Notes of U.S. Corporations with at least two of the
following three minimum ratings: A- by Standard & Poor's, A3 by Moody's, or A -by Fitch.
i. Commercial Paper denominated in United States dollars that is rated, at the time of
purchase, Prime -1 by Moody's and A-1 by Standard & Poor's (Prime Commercial Paper). If the
Commercial Paper is backed by a letter of credit (LOC), the long-term debt of the LOC provider must be
rated A or better by at least two nationally recognized rating agencies.
j. Supranational Agencies — Debt obligations issued by multilateral organization of
governments of which the U.S. is a shareholder and voting member, and are denominated in U.S. dollars,
with highest Short -Term or Long -Term rating (A -1+/P-1, AAA/Aaa, or equivalent). Purchase
authorization includes, but is not limited to, obligations of the following multilateral organizations:
1. International Bank for Reconstruction and Development (IBRD)
2. International Finance Corporation (IFC)
3. European Bank for Reconstruction and Development (EBRD)
4. Inter -American Development Bank (IADB)
5. Asian Development Bank (ADB)
6. African Development Bank (AFDB)
Investment in derivative products is not authorized. For the purposes of this policy derivative
products are defined as financial arrangements whose value are derived from changes in an underlying
variable such as a stock, bond, stock index, interest rate index, currency, commodity, etc. Derivative
investments include, but are not limited to: futures contracts, options contracts, forward contracts,
interest rate swaps, interest rate floor or ceiling contracts, and linked index investments.
k. Equities, Mutual Funds and/or exchange -traded funds (ETFs) — Equities, shares in
open-end and no-load equity and/or fixed-income mutual funds, and/or ETFs.
The County's investment policy may be modified from time to time.
See also "SECURITY FOR THE BONDS" herein for a description of the provisions which govern
the investment of moneys on deposit in funds and accounts established in the Resolution.
36
LIABILITIES OF THE COUNTY
Pension Plans
The County employees participate in the Florida Retirement System ("FRS"). FRS was created
pursuant to Chapter 121, Florida Statutes, to provide a defined benefit pension plan for participating
public employees. See "APPENDIX A -General Information Concerning the County -Pension Plans" for
additional information on the FRS.
Other Post -Employment Benefits
Pursuant to the provision of Section 112.0801, Florida Statutes, former employees who retire from
the County and eligible dependents may continue to participate in the County's respective
medical/prescription, vision, dental and life insurance plans as long as they pay the full premium
applicable to coverage elected. For the St. Lucie County Sheriff's Office employees, the County
subsidizes a portion of the premiums. See "APPENDIX A -General Information Concerning the County -
Other Post -Employment Benefits" for additional information on the County's post -employment benefit
plans.
LEGAL MATTERS
Certain legal matters in connection with the issuance of the Series 2017A Bonds are subject to an
approving legal opinion of Nabors, Giblin & Nickerson, PA, Tampa, Florida, Bond Counsel, whose
approving opinion (a form of which is attached hereto as "APPENDIX D -Form of Bond Counsel
Opinion") will be available at the time of delivery of the Series 2017A Bonds. Certain legal matters will be
passed on for the County by Daniel S. McIntyre, Esq., County Attorney, and Bryant Miller Olive P.A.,
Miami, Florida, Disclosure Counsel. GrayRobinson, P.A., Tampa, Florida, is serving as Counsel to the
Underwriters. GrayRobinson, P.A. represents the County from time to time in certain unrelated matters.
Bond Counsel has not been engaged to, nor has it undertaken to, review (1) the accuracy,
completeness or sufficiency of this Official Statement or any other offering material relating to the Series
2017A Bonds; provided, however, that Bond Counsel will render an opinion to the Underwriters of the
Series 2017A Bonds (upon which opinion only the Underwriters may rely) relating to the correctness of
the presentation of certain statements contained herein under the heading "TAX MATTERS" and certain
statements which summarize provisions of the Resolution, the Series 2017A Bonds and federal tax law,
and (2) the compliance with any federal or state law with regard to the sale or distribution of the Series
2017A Bonds.
LITIGATION
There is no pending or, to the knowledge of the County, any threatened litigation against the
County of any nature whatsoever which in any way questions or affects the validity of the Series 2017A
Bonds, or any proceedings or transactions relating to their issuance, sale, execution, or delivery, or the
adoption of the Resolution, or the collection of the Non -Ad Valorem Revenues. Neither the creation,
organization or existence, nor the title of the present members of the Board, or other officers of the
County is being contested.
37
The County experiences claims, litigation, and various legal proceedings which individually are
not expected to have a material adverse effect on the operations or financial condition of the County, but
may, in the aggregate, have a material impact thereon. In the opinion of the County Attorney, however,
the County will either successfully defend such actions or otherwise resolve such matters without any
material adverse consequences on the financial condition of the County.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS
Pursuant to Section 517.051, Florida Statutes, as amended, no person may directly or indirectly
offer or sell securities of the County except by an offering circular containing full and fair disclosure of all
defaults as to principal or interest on its obligations since December 31, 1975, as provided by rule of the
Office of Financial Regulation within the Florida Financial Services Commission (the "Commission").
Pursuant to administrative rulemaking, the Commission has required the disclosure of the amounts and
types of defaults, any legal proceedings resulting from such defaults, whether a trustee or receiver has
been appointed over the assets of the County, and certain additional financial information, unless the
County believes in good faith that such information would not be considered material by a reasonable
investor. The County is not and has not been in default on any bond issued since December 31, 1975 that
would be considered material by a reasonable investor.
The County has not undertaken an independent review or investigation of securities for which it
has served as conduit issuer. The County does not believe that any information about any default on
such securities is appropriate and would be considered material by a reasonable investor in the Series
2017A Bonds because the County would not have been obligated to pay the debt service on any such
securities except from payments made to it by the private companies on whose behalf such securities
were issued and no funds of the County would have been pledged or used to pay such securities or the
interest thereon.
TAX MATTERS
In the opinion of Bond Counsel, the form of which is included as APPENDIX D hereto, the
interest on the Series 2017A Bonds is not excludable from gross income of the owners thereof for federal
income tax purposes. Interest on the Series 2017A Bonds may be subject to state or local income taxation
under applicable state or local laws in other jurisdictions. Purchasers of the Series 2017A Bonds should
consult their tax advisors as to the income tax status of interest on the Series 2017A Bonds in their
particular state or local jurisdictions.
Except as provided above, Bond Counsel is not rendering any opinion regarding tax
consequences of owning the Series 2017A Bonds. There are several tax -related issues attendant with
ownership of the Series 2017A Bonds, including, but not limited to, treatment of original issue discount or
premium, if any, treatment of secondary market discount or premium, if any, reporting requirements and
possible application of backup withholding tax, determination of an owner's tax basis and gains or losses
in connection with sales, exchanges or other dispositions of the Series 2017A Bonds, foreign ownership,
ownership by certain employee benefit plans and other retirement plans and other issues. Many of the
rules related to these issues are complicated and purchasers of the Series 2017A Bonds should consult
their own tax advisors and professionals as to the tax consequences of the purchase, ownership and
disposition of the Series 2017A Bonds under federal, state, local, foreign and other tax laws.
38
RATINGS
Moody's Investors Service ("Moody's") and S&P Global Ratings ("S&P") are expected to assign
their ratings of " " and " " ( outlook) respectively, to the Series 2017A Bonds.
Generally, a rating agency bases its rating on information and materials and on investigations,
studies and assumptions furnished to and obtained and made by the rating agency. The rating reflects
only the view of said rating agency and an explanation of the rating may be obtained only from said
rating agency. There can be no assurance that such rating will continue for any given period of time or
will not be revised downward or withdrawn entirely by such rating agency, if in its judgment
circumstances so warrant. Any such downward revision or withdrawal of the ratings of the Series 2017A
Bonds may have an adverse effect on the market price of the Series 2017A Bonds. The County undertakes
no responsibility to oppose any such revision or withdrawal. An explanation of the significance of the
ratings can be received from the following: Moody's, 7 World Trade Center, 250 Greenwich Street, New
York, NY 10007 and S&P, 55 Water Street, New York, New York 10041.
FINANCIAL ADVISOR
The County has retained Public Financial Management, Inc., Orlando, Florida, as Financial
Advisor in connection with the County's financing plans and with respect to the authorization and
issuance of the Series 2017A Bonds. The Financial Advisor is not obligated to undertake and has not
undertaken to make an independent verification or to assume responsibility for the accuracy,
completeness, or fairness of the information contained in the Official Statement. The Financial Advisor
did not participate in the underwriting of the Series 2017A Bonds.
INDEPENDENT ACCOUNTANTS
The Independent Auditors' Report of the County for the Fiscal Year ending September 30, 2016
and report relating to the Basic Financial Statements contained therein of Berger, Toombs, Elam, Gaines &
Frank Certified Public Accountants PL, Fort Pierce, Florida (the "Independent Certified Public
Accountants") are attached hereto as "APPENDIX B - Independent Auditors' Report of the County." Such
statements speak only as of September 30, 2016.
The Independent Auditors' Report attached hereto as "APPENDIX B - Independent Auditors'
Report" is presented for general information purposes only.
The County covenanted and agreed in the Resolution to, immediately after the close of each
Fiscal Year, cause the financial statements of the County to be properly audited by a recognized
independent certified public accountant or recognized independent firm of certified public accountants,
and shall require such accountants to complete their report on the annual financial statements in
accordance with applicable law. The annual financial statement shall be prepared in conformity with
generally accepted accounting principles consistently applied.
39
UNDERWRITING
The Series 2017A Bonds are being purchased by Citigroup Global Markets Inc. and Wells Fargo
Bank, National Association (collectively, the "Underwriters") at an aggregate purchase price of
$ (which includes net original issue premium[discount] of $ and
Underwriters' discount of $ ). The Underwriters' obligations are subject to certain
conditions precedent contained in a contract of purchase entered into with the County, and, they will be
obligated to purchase all of the Series 2017A Bonds if any Series 2017A Bonds are purchased. The Series
2017A Bonds may be offered and sold to certain dealers (including dealers depositing such Series 2017A
Bonds into investment trusts) at prices lower than such public offering prices, and such public offering
prices may be changed, from time to time, by the Underwriters.
Citigroup Global Markets Inc., an underwriter of the Series 2017A Bonds, has entered into a retail
distribution agreement with UBS Financial Services Inc. ("UBSFS"). Under this distribution agreement,
Citigroup Global Markets Inc. may distribute municipal securities to retail investors through the financial
advisor network of UBSFS. As part of this arrangement, Citigroup Global Markets Inc. may compensate
UBSFS for its selling efforts with respect to the Series 2017A Bonds.
Wells Fargo Securities is the trade name for certain securities -related capital markets and
investment banking services of Wells Fargo & Company and its subsidiaries, including Wells Fargo Bank,
National Association, which conducts its municipal securities sales, trading and underwriting operations
through the Wells Fargo Bank, NA Municipal Products Group, a separately identifiable department of
Wells Fargo Bank, National Association, registered with the Securities and Exchange Commission as a
municipal securities dealer pursuant to Section 15B(a) of the Securities Exchange Act of 1934. Wells Fargo
Bank, National Association, acting through its Municipal Products Group ("WFBNA"), the senior
underwriter of the Series 2017A Bonds, has entered into an agreement (the "WFA Distribution
Agreement") with its affiliate, Wells Fargo Clearing Services, LLC (which uses the trade name "Wells
Fargo Advisors') ("WFA"), for the distribution of certain municipal securities offerings, including the
Series 2017A Bonds. Pursuant to the WFA Distribution Agreement, WFBNA will share a portion of its
underwriting compensation with respect to the Series 2017A Bonds with WFA. WFBNA has also entered
into an agreement (the "WFSLLC Distribution Agreement") with its affiliate Wells Fargo Securities, LLC
("WFSLLC"), for the distribution of municipal securities offerings, including the Series 2017A Bonds.
Pursuant to the WFSLLC Distribution Agreement, WFBNA pays a portion of WFSLLC's expenses based
on its municipal securities transactions. WFBNA, WFSLLC and WFA are each wholly-owned
subsidiaries of Wells Fargo & Company.
CONTINGENT FEES
The County has retained Bond Counsel, the Financial Advisor and Disclosure Counsel with
respect to the authorization, sale, execution and delivery of the Series 2017A Bonds. Payment of the fees
of such professionals and an underwriting discount to the Underwriters (which includes the fees of
Underwriters' Counsel) are each contingent upon the issuance of the Series 2017A Bonds.
40
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2017A Bonds upon an event of default under
the Resolution, are in many respects dependent upon judicial actions which are often subject to discretion
and delay. Under existing constitutional and statutory law and judicial decisions, including specifically
the federal bankruptcy code, the remedies specified by the Resolution and the Series 2017A Bonds, may
not be readily available or may be limited. The various legal opinions to be delivered concurrently with
the delivery of the Series 2017A Bonds (including Bond Counsel's approving opinion) will be qualified, as
to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by
bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted
before or after such delivery. See "APPENDIX C - Form of the Resolution" attached hereto for a
description of events of default and remedies.
CONTINUING DISCLOSURE
The County will covenant for the benefit of the owners of the Series 2017A Bonds to provide
certain financial information and operating data relating to the County (the "Annual Report"), and to
provide, or cause to be provided, notices of the occurrence of certain enumerated events. Annual
financial information and operating data of the County will be filed by the County with the Municipal
Securities Rulemaking Board's Electronic Municipal Market Access System ("EMMA"). The notices of
material events, when and if they occur, shall be timely filed by the County with EMMA. The specific
nature of the financial information, operating data, and of the type of events which trigger a disclosure
obligation, and other details of the undertaking are described in "APPENDIX E — Form of Continuing
Disclosure Certificate" attached hereto. The Continuing Disclosure Certificate shall be executed by the
County prior to or upon the issuance of the Series 2017A Bonds. These covenants have been made in
order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-
12 promulgated by the Securities and Exchange Commission (the "Rule"). With respect to the Series
2017A Bonds, no party other than the County is obligated to provide any continuing disclosure
information with respect to the Rule.
While not considered by the County to be a material failure to comply, at various times during
the past five years, the County has inadvertently failed to file notices of events timely regarding the
ratings changes of the insurers of their respective indebtedness. Notices have since been filed indicating
the current ratings of the bond insurers which insure their currently outstanding indebtedness. All such
failures have been cured as of the date hereof. The County has aligned all of its EMMA filings to ensure
compliance under its continuing disclosure undertakings. The County fully anticipates satisfying all
future obligations required pursuant to the Rule.
ACCURACY AND COMPLETENESS OF OFFICIAL STATEMENT
The references, excerpts, and summaries of all documents, statutes, and information concerning
the County and certain reports and statistical data referred to herein do not purport to be complete,
comprehensive and definitive and each such summary and reference is qualified in its entirety by
reference to each such document for full and complete statements of all matters of fact relating to the
Series 2017A Bonds, the security for the payment of the Series 2017A Bonds and the rights and
obligations of the owners thereof and to each such statute, report or instrument.
41
Any statements made in this Official Statement involving matters of opinion or of estimates,
whether or not so expressly stated are set forth as such and not as representations of fact, and no
representation is made that any of the estimates will be realized. Neither this Official Statement nor any
statement that may have been made verbally or in writing is to be construed as a contract with the
owners of the Series 2017A Bonds.
The appendices attached hereto are integral parts of this Official Statement and must be read in
their entirety together with all foregoing statements.
[Remainder of page intentionally left blank]
42
AUTHORIZATION OF OFFICIAL STATEMENT
The execution and delivery of this Official Statement has been duly authorized and approved by
the County. At the time of delivery of the Series 2017A Bonds, the County will furnish a certificate to the
effect that nothing has come to their attention which would lead it to believe that the Official Statement
(other than information herein related to DTC, the book -entry only system of registration and the
information contained under the caption "TAX MATTERS" as to which no opinion shall be expressed), as
of its date and as of the date of delivery of the Series 2017A Bonds, contains an untrue statement of a
material fact or omits to state a material fact which should be included therein for the purposes for which
the Official Statement is intended to be used, or which is necessary to make the statements contained
therein, in the light of the circumstances under which they were made, not misleading.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By
Chairman, Board of County Commissioners
By
County Administrator
43
APPENDIX A
GENERAL INFORMATION CONCERNING THE COUNTY
THE FOLLOWING INFORMATION CONCERNING ST. LUCIE COUNTY, FLORIDA (THE
"COUNTY") IS INCLUDED ONLY FOR THE PURPOSE OF PROVIDING GENERAL BACKGROUND
INFORMATION. THE INFORMATION HAS BEEN COMPILED ON BEHALF OF THE COUNTY AND
SUCH COMPILATION INVOLVED ORAL AND WRITTEN COMMUNICATIONS WITH THE
VARIOUS SOURCES INDICATED HEREIN. THE INFORMATION IS SUBJECT TO CHANGE,
ALTHOUGH EFFORTS HAVE BEEN MADE TO UPDATE THE INFORMATION WHERE
PRACTICABLE. CERTAIN OF THE TABLES THAT FOLLOW IN THIS APPENDIX HAVE BEEN
DERIVED FROM THE STATISTICAL SECTION OF THE COUNTY'S COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2016.
BACKGROUND
The County is located on the east south central coast of Florida, and encompasses an area of
approximately 572 square miles. It is bounded on the north by Indian River County, on the west by
Okeechobee County, on the south by Martin County and on the east by the Atlantic Ocean. Fort Pierce is
the County Seat and is located approximately 60 miles north of West Palm Beach and 100 miles southeast
of Orlando. As of July 1, 2016, population of the County was estimated at 306,507. The principal
industries of the County include tourism, agriculture, services, and light manufacturing. Incorporated
areas within the County include the City of Fort Pierce, the City of Port St. Lucie and the Town of St.
Lucie Village.
EDUCATIONAL FACILITIES
The County public school district has 17 elementary schools grades kindergarten through 5, 9
kindergarten through 8 schools, 4 middle schools, 5 high schools, 1 school which combines a middle
school and a high school, 3 non-traditional schools which includes the Dale Cassens Education Complex
for the physically and emotionally handicapped students at all grade levels and 4 magnet schools serving
grades kindergarten through 8. Of these, there are two magnet schools serving grades kindergarten
through 5, one magnet school serving grades kindergarten through 8, and one magnet school which
combines a middle school and a high school.
There are ten private schools supplementing the public school system. Within the County, there
is one private institution of higher education - Keiser University, and four public institutions, Florida
Atlantic University (FAU), Fortis Institute, Virginia College and Indian River State College (IRSC). Keiser
University focuses on vocational education, and associate, bachelor and graduate degrees for non-
traditional students. IRSC is a four-year state college whose main campus is located in Ft. Pierce and
offers a diverse range of bachelor degrees, some of which are biology, education, nursing, and digital
media as well as associate degrees. The FAU campus located in Ft. Pierce is dedicated to exploring the
world's oceans and integrating the science and technology of the sea with the needs of humankind.
A-1
CLIMATE
St. Lucie County features a warm humid subtropical climate, falling just short of having a true
tropical climate. Summers are usually hot, with temperatures averaging low 90s. Winters are usually
mild to warm, with average temperatures around 70°F. The average yearly precipitation is around 53.5
in.
AGRICULTURE
The County is the 71h largest aquaculture economy in the State, the 6th largest fruit -producing
county in the State, and 1st in grapefruit acreage. According to the 2012 census, the County has a total
area of approximately 572 square miles. Approximately fifty-three percent (53%) of the County's
land is classified as agriculture. According to the U.S. Department of Commerce's 2012 Census of
Agriculture, as of 2012 there were 406 counted farms in the County, encompassing approximately
195,155 acres. The market value of all agricultural products (i.e., crops and livestock) produced in
the County amounted to $168 million in sales.
TOURISM AND RECREATION
A combination of favorable climate and available recreational assets such as 21 miles of beaches,
tennis courts, golf courses, world class fishing, and a thriving arts and culture scene has made tourism an
important industry in St. Lucie County. Within the County, there are 63 hotels, motels, RV parks, and
campgrounds with approximately 4,800 total units. The County also has over 319 licensed dining
establishments with an estimated seating capacity in excess of 27,000. The County has one inlet, located at
its northeast corner and is connected to the federally -maintained Intracoastal Waterway. County
residents have easy access to the ocean by way of the North Fork of the St. Lucie River through its
protected, tree -lined waterway meandering through the County. Besides boating and fishing, the County
maintains Regional Parks, St. Lucie County Sports Complex, stadiums, ball fields, natural resource based
parks/preserves and a botanical garden. Community Parks have lighted facilities for organized athletic
programs. The County also owns and operates the Fairwinds Golf Course, an 18 -hole championship golf
course.
TRANSPORTATION FACILITIES
The County is situated in an area where the Florida Turnpike, Interstate 95, US Highway 1, the St.
Lucie County International Airport, the Port of Fort Pierce and the Florida East Coast Railway system are
in close proximity to each other. This provides for easy access to County amenities, commercial
opportunities, as well as access to other parts of the state.
A-2
POPULATION STATISTICS
The County has experienced rapid growth in recent decades which exceeds the state growth rate.
The following table presents historical population growth for the County for the period of 2007 to 2016.
POPULATION STATISTICS FOR ST. LUCIE COUNTY AND STATE OF FLORIDA
Source: U.S. Department of Commerce, Bureau of Census, University of Florida, College of Business
Administration, Population Division, Bureau of Economic and Business Research, Florida Statistical
Abstract 2016.
A-3
ST. LUCIE COUNTY
STATE OF FLORIDA
Year
Population
% Change
Population
% Change
2007
271,961
4.9%
18,277,888
1.1
2008
276,585
1.7
18,423,878
0.8
2009
272,864
(1.4)
18,537,969
0.6
2010
277,789
1.8
18,801,332
1.4
2011
279,696
0.7
18,905,048
0.6
2012
280,355
02
19,074,434
0.9
2013
281,151
0.3
19,259,543
1.0
2014
282,821
0.6
19,507,369
1.3
2015
287,749
1.8
19,815,183
1.6
2016
306,507
6.5
20,148,654
1.7
Source: U.S. Department of Commerce, Bureau of Census, University of Florida, College of Business
Administration, Population Division, Bureau of Economic and Business Research, Florida Statistical
Abstract 2016.
A-3
ASSESSED VALUATIONS
ST. LUCIE COUNTY, FLORIDA
Fiscal
Centrally
Total
Year
Real
Personal
Assessed
Assessed
TaxableM
PropertyOX3
Property
Property(z)
Valuation a>(2X3)
Exemptions
Valuation
2007
$35,297,381,073
$3,003,465,947
$34,751,554
$38,336,598,574
$13,923,788,784
$24,412,809,790
2008
35,921,342,207
2,900,867,475
42,426,177
38,864,635,859
13,310,554,702
25,554,081,157
2009
30,656,945,464
3,061,594,950
58,744,561
33,777,284,975
12,218,435,134
21,558,849,841
2010
23,053,499,012
3,278,060,429
40,383,465
26,371,942,906
9,340,839,611
17,031,103,295
2011
20,280,817,028
3,228,764,567
33,788,294
23,543,369,919
8,377,431,327
15,165,938,592
2012
19,173,039,636
3,293,341,552
35,170,709
22,501,557,897
7,893,166,311
14,608,385,586
2013
18,590,958,586
23,238,698,229
30,940,040
22,238,606,523
7,899,097,097
14,339,509,426
2014
18,278,465,727
22,848,082,159
34,711,318
22,970,680,525
7,793,183,273
15,177,497,252
2015
19,129,945,370
23,912,431,713
45,267,354
23,880,397,036
8,252,543,413
15,627,853,623
2016
20,798,536,263
25,998,170,329
47,059,119
25,609,842,916
9,346,234,656
16,263,608,260
Source: Department of Revenue, State of Florida, and St. Lucie County Property Appraiser.
(1) Total assessed value based on approximately 80% of estimated actual value.
(2) Centrally assessed property that is assessed by the State of Florida rather than by the Property Appraiser
(property located in more than one county). Centrally assessed property is primarily railroad property.
(3) The breakdown of commercial and non-commercial real property assessed value is not available.
(4) The Taxable Valuation is the difference between the Total Assessed Valuation and the Exemptions.
A-4
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ASSESSMENT OF
TEN LARGEST PRINCIPAL PROPERTY TAXPAYERS
ST. LUCIE COUNTY, FLORIDA
Source: St. Lucie County Tax Collector Office and St. Lucie County Property Appraiser.
MAJOR EMPLOYERS
ST. LUCIE COUNTY, FLORIDA
2016
Employer
Total Taxable
Percent of Total
Taxpayer
Value
Taxes Levied
Florida Power & Light Corp.
$ 2,687,324,996
10.49%
Tropicana Manufacturing Co. Inc.
125,828,191
0.49
Wynne Building Corp.
119,965,780
0.47
Wal-Mart Stores East LP
83,932,485
0.33
Bellsouth Telecommunications
69,845,695
0.27
HCA/Lawnwood Medical Center Inc.
45,367,930
0.18
Florida Gas Transmission Co. LLC
44,875,000
0.18
KRG Port St. Lucie Landing LLC
39,956,150
0.16
Sandpiper Resort Properties Inc.
37,848,610
0.15
Florida East Coast Railway
37,233,995
0.15
Source: St. Lucie County Tax Collector Office and St. Lucie County Property Appraiser.
MAJOR EMPLOYERS
ST. LUCIE COUNTY, FLORIDA
2016
Employer
Number of Employees
St. Lucie County School Board
5,416
Indian River State College
2,400
Wal-Mart Retail Stores and Distribution Center
2,253
HCA/Lawnwood & St. Lucie Medical Center Inc.
2,189
St. Lucie County Government
1,686
Publix
1,466
City of Port St. Lucie
1,015
Convey Health Solutions
950
Liberty Medical Supply
920
Martin Health System
850
Source: Economic Development Council of St. Lucie County.
Note: St. Lucie County Government includes the Board of County Commissioners, Clerk of the Circuit
Court, Property Appraiser, Tax Collector, Sheriff and Supervisor of Elections.
M
UNEMPLOYMENT RATES
The unemployment rate for the County is generally higher than the unemployment rate for the
State due, in part, to the greater dependence on agricultural and construction employment within the
County and seasonal variations related to such employment. In the latest preliminary figures available, the
County's unemployment rate for August 2017 was 5.0%, while the overall unemployment rate for the State
was 4.2%.
Labor Force
St. Lucie County, Florida
Unemployment Unemployment
Year
Labor Force
Employment
Number
Rate
2007
124,213
117,335
6,878
5.5%
2008
124,433
113,699
10,734
8.6
2009
123,358
107,129
16,229
13.2
2010
124,666
107,321
17,345
13.9
2011
125,291
108,959
16,332
13.0
2012
125,942
112,011
13,931
11.1
2013
129,282
116,348
12,934
10.0
2014
130,594
120,153
10,441
8.0
2015
131,114
122,841
8,273
6.3
2016
134,319
126,718
7,601
5.7
State of Florida
Unemployment Unemployment
Year
Labor Force
Employment
Number
Rate
2007
9,206,000
8,839,000
367,000
4.0%
2008
9,224,000
8,647,000
577,000
6.3
2009
9,066,000
8,127,000
939,000
10.4
2010
9,132,000
8,102,000
1,030,000
11.3
2011
9,249,000
8,278,000
970,000
10.5
2012
9,249,000
8,278,000
970,000
10.5
2013
9,461,000
8,771,000
689,000
7.3
2014
9,580,000
8,978,000
601,000
6.3
2015
9,619,000
9,098,000
521,000
5.4
2016
9,839,000
9,359,000
480,000
4.9
Source: Florida Agency for Workforce Innovation.
A-7
PERSONAL INCOME
(2007-2016)
Source: Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2016.
BANK DEPOSITS
Last 10 Fiscal Years
St. Lucie County
(in thousands)
Year
Total Personal
Savings & Loan
Per Capita
Year
Income (00(Ys)
% Increase
Income
2007
$7,623,686
7.1%
$30,112
2008
7,928,959
4.00
31,165
2009
7,868,831
(0.8)
29,950
2010
8,269,841
5.1
29,865
2011
8,626,570
4.3
31,644
2012
9,010,473
4.5
32,330
2013
8,943,912
(0.7)
32,832
2014
9,932,383
11.1
34,129
2015
10,636,320
7.1
35,625
2016
N/A
N/A
N/A
Source: Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2016.
BANK DEPOSITS
Last 10 Fiscal Years
St. Lucie County
(in thousands)
Year
Banks
Savings & Loan
Total
2007
$3,139,422
$698,709
$3,838,131
2008
3,716,916
458,455
4,175,371
2009
3,573,485
389,221
3,962,706
2010
3,114,130
370,672
3,484,802
2011
2,944,698
332,041
3,276,739
2012
3,151,568
174,767
3,326,335
2013
3,288,788
74,628
3,363,416
2014
3,395,980
75,620
3,471,600
2015
3,612,243
80,392
3,692,635
2016
3,868,496
52,688
3,921,184
Source: www.FDIC.gov.
Summary of Deposits.
A-8
BUILDING PERMIT ACTIVITY
ST. LUCIE COUNTY, FLORIDA
(2007-2016)
Source: Florida Statistical Abstract 2015, U.S. Bureau of Census; 2016 data from St. Lucie County, Florida.
A-9
Total Value
Number of Units
Year
($000)
Single Family Multi -Family
2007
$308,236
1,690 353
2008
136,066
684 345
2009
26,243
254 10
2010
32,642
265 28
2011
49,941
266 49
2012
57,505
279 36
2013
95,383
587 45
2014
147,599
682 280
2015
196,774
945 244
2016
136,697
225 0
Source: Florida Statistical Abstract 2015, U.S. Bureau of Census; 2016 data from St. Lucie County, Florida.
A-9
PENSION PLANS
The information relating to the Florida Retirement System ("FRS") contained herein has been obtained
from the FRS Pension Plan and Other State Administered Systems Comprehensive Annual Financial Reports
available at www. dms.myflorida.com/workforce—operations/retirement/publications/ annual reports and the
Florida Comprehensive Annual Financial Reports available at www. myfloridacfo.com/division/aa/Reports/. No
representation is made by the County as to the accuracy or adequacy of such information or that there has not been
any material adverse change in such information subsequent to the date of such information.
The Florida Retirement System (the "FRS") is a cost-sharing multiple -employer public -employee
retirement system with two primary plans — the FRS defined benefit pension plan (the "FRS Pension
Plan") and the FRS defined contribution plan (the "FRS Investment Plan").
Florida Retirement System
Membership. FRS membership is compulsory for all employees filling a regularly established
position in a state agency, county agency, state university, state community college, or district school
board. Participation by cities, municipalities, special districts, charter schools, and metropolitan planning
organizations, although optional, is generally irrevocable after election to participate is made. Members
hired into certain positions may be eligible to withdraw from the FRS altogether or elect to participate in
the non-integrated optional retirement programs in lieu of the FRS except faculty of a medical college in a
state university who must participate in the State University System Optional Retirement Program.
There are five general classes of membership, as follows:
• Regular Class - Members of the FRS who do not qualify for membership in the
other classes.
• Senior Management Service Class ("SMSC") - Members in senior management
level positions in state and local governments as well as assistant state attorneys, assistant
statewide prosecutors, assistant public defenders, assistant attorneys general, deputy court
administrators, and assistant capital collateral representatives. Members of the Elected Officers'
Class may elect to withdraw from the FRS or participate in the SMSC in lieu of the Elected
Officers' Class.
• Special Risk Class - Members who are employed as law enforcement officers,
firefighters, firefighter trainers, fire prevention officers, state fixed -wing pilots for aerial
firefighting surveillance, correctional officers, emergency medical technicians, paramedics,
community-based correctional probation officers, youth custody officers (from July 1, 2001
through June 30, 2014), certain health-care related positions within state forensic or correctional
facilities, or specified forensic employees of a medical examiner's office or a law enforcement
agency, and meet the criteria to qualify for this class.
• Special Risk Administrative Support Class - Former Special Risk Class members
who are transferred or reassigned to nonspecial risk law enforcement, firefighting, emergency
medical care, or correctional administrative support positions within an FRS special risk -
employing agency.
A-10
• Elected Officers' Class ("EOC") - Members who are elected state and county
officers and the elected officers of cities and special districts that choose to place their elected
officials in this class.
Beginning July 1, 2001, through June 30, 2011, the FRS Pension Plan provided for vesting of
benefits after six years of creditable service for members initially enrolled during this period. Members
not actively working in a position covered by the FRS Pension Plan on July 1, 2001, must return to
covered employment for up to one work year to be eligible to vest with less service than was required
under the law in effect before July 1, 2001. Members initially enrolled on or after July 1, 2001, through
June 30, 2011, vest after six years of service. Members initially enrolled on or after July 1, 2011, vest after
eight years of creditable service. Members are eligible for normal retirement when they have met the
requirements listed below. Early retirement may be taken any time after vesting within 20 years of
normal retirement age; however, there is a 5% benefit reduction for each year prior to the normal
retirement age.
• Regular Class, Senior Management Service Class, and Elected Officers' Class Members
- For members initially enrolled in the FRS Pension Plan before July 1, 2011, six or more years
of creditable service and age 62, or the age after completing six years of creditable service if
after age 62. Thirty years of creditable service regardless of age before age 62. For members
initially enrolled in the FRS Pension Plan on or after July 1, 2011, eight or more years of
creditable service and age 65, or the age after completing eight years of creditable service if
after age 65. Thirty-three years of creditable service regardless of age before age 65.
• Special Risk Class and Special Risk Administrative Support Class Members - For
members initially enrolled in the FRS Pension Plan before July 1, 2011, six or more years of
Special Risk Class service and age 55, or the age after completing six years of Special Risk Class
service if after age 55. Twenty-five years of special risk service regardless of age before age 55.
A total of 25 years of service including special risk service and up to four years of active duty
wartime service and age 52. Without six years of Special Risk Class service, members of the
Special Risk Administrative Support Class must meet the requirements of the Regular Class.
For members initially enrolled in the FRS Pension Plan on or after July 1, 2011, eight or more
years of Special Risk Class service and age 60, or the age after completing eight years of Special
Risk Class service if after age 60. Thirty years of special risk service regardless of age before age
60. Without eight years of Special Risk Class service, members of the Special Risk
Administrative Support Class must meet the requirements of the Regular Class.
Benefits. Benefits under the FRS Pension Plan are computed on the basis of age, average final
compensation, creditable years of service, and accrual value by membership class. Members are also
eligible for in -line -of -duty or regular disability and survivors' benefits. Pension benefits of retirees and
annuitants are increased each July 1 by a cost -of -living adjustment. If the member is initially enrolled in
the FRS Pension Plan before July 1, 2011, and all service credit was accrued before July 1, 2011, the annual
cost -of -living adjustment is 3% per year. If the member is initially enrolled before July 1, 2011, and has
service credit on or after July 1, 2011, there is an individually calculated cost -of -living adjustment. The
annual cost -of -living adjustment is a proportion of 3% determined by dividing the sum of the pre -July
2011 service credit by the total service credit at retirement multiplied by 3%. FRS Pension Plan members
initially enrolled on or after July 1, 2011, will not have a cost -of -living adjustment after retirement.
A-11
The Deferred Retirement Option Program ("DROP") became effective July 1, 1998. FRS Pension
Plan members who reach normal retirement are eligible to defer receipt of monthly benefit payments
while continuing employment with an FRS employer. An employee may participate in the DROP for a
maximum of 60 months. Authorized instructional personnel may participate in the DROP for up to 36
additional months beyond their initial 60 -month participation period. Monthly retirement benefits remain
in the FRS Trust Fund during DROP participation and accrue interest. As of June 30, 2016, the FRS Trust
Fund held $2,322,967,354 in accumulated benefits for 34,160 DROP participants. Of these 34,160 DROP
participants, 29,602 were active in the DROP with balances totaling $1,871,732,532. The remaining 4,558
participants were no longer active in the DROP with balances totaling $451,234,822 to be processed after
June 30, 2016, pending a qualifying event. Of the total accumulated DROP benefits, $411,260,011 was due
and payable as of June 30, 2016.
Administration. The Department of Management Services, Division of Retirement administers
the FRS Pension Plan. The State Board of Administration (the "SBA") invests the assets of the Pension
Plan held in the FRS Trust Fund. Costs of administering the FRS Pension Plan are funded from earnings
on investments of the FRS Trust Fund. Reporting of the FRS Pension Plan is on the accrual basis of
accounting. Revenues are recognized when earned and expenses are recognized when the obligation is
incurred.
Contributions. All participating employers must comply with statutory contribution
requirements. Section 121.031(3), Florida Statutes, requires an annual actuarial valuation of the FRS
Pension Plan, which is provided to the Legislature as guidance for funding decisions. Employer and
employee contribution rates are established in Section 121.71, Florida Statutes. Employer contribution
rates under the uniform rate structure (a blending of both the FRS Pension Plan and Investment Plan
rates) are recommended by the actuary but set by the Legislature. Statutes require that any unfunded
actuarial liability ("UAL") be amortized within 30 plan years. Pursuant to Section 121.031(3)(0, Florida
Statutes, any surplus amounts available to offset total retirement system costs are to be amortized over a
10 -year rolling period on a level -dollar basis. The balance of legally required reserves for all defined
benefit pension plans at June 30, 2016, was $141,780,920,515. These funds were reserved to provide for
total current and future benefits, refunds, and administration of the FRS Pension Plan.
[Remainder of page intentionally left blank]
A-12
Effective July 1, 2011, both employees and employers of the FRS Fare required to make
contributions to establish service credit for work performed in a regularly established position. Effective
July 1, 2002, the Florida Legislature established a uniform contribution rate system for the FRS, covering
both the FRS Pension Plan and the FRS Investment Plan. The uniform rates for Fiscal Year 2015-16 are as
follows:
Total Contribution
Rate
8.56%
23.34
34.25
37.01
47.10
43.57
22.73
11.22
(1) These rates include the normal cost and unfunded actuarial liability contributions but do not include
the 1.66% contribution for the HIS and the fee of 0.04% for administration of the FRS Investment Plan and
provision of educational tools for both plans.
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
[Remainder of page intentionally left blank]
A-13
Employee
Employer
Membership Class
Contribution Rate
Contribution Rate0)
Regular
3.00%
5.56%
Special Risk
3.00
20.34
Special Risk Administrative Support
3.00
31.25
Elected Officers — Judges
3.00
34.01
Elected Officers -
Legislators/Attorneys/Cabinet
3.00
44.10
Elected Officers — County, City,
Special Districts
3.00
40.57
Senior Management Service
3.00
19.73
Deferred Retirement Option Program
N/A
11.22
Total Contribution
Rate
8.56%
23.34
34.25
37.01
47.10
43.57
22.73
11.22
(1) These rates include the normal cost and unfunded actuarial liability contributions but do not include
the 1.66% contribution for the HIS and the fee of 0.04% for administration of the FRS Investment Plan and
provision of educational tools for both plans.
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
[Remainder of page intentionally left blank]
A-13
Pension Amounts for the FRS Pension Plan.
Schedule of Changes in Net Pension Liability and Related Ratios(')
(in thousands)
Total Pension Liability June 30, 2014
Service cost $2,256,738
Interest on total pension liability 11,489,921
Effect of plan changes 0
Effect of economic/demographic (gains) (448,818)
orlosses
June 30, 2015
June 30, 2016
$2,114,047
$2,132,906
11, 721, 563
12,109,114
0
32,310
1,620,863
980,192
Effect of assumption changes or inputs
1,256,045
0
1,030,667
Benefit payments
(8,714,251)
(10,201,501)
(10,624,925)
Net change in total pension liability
5,839,635
5,254,972
5,660,264
Total pension liability, beginning 150,276,128 156,115,763 161,370,735
Total pension liability, ending (a) $156,115,763 $161,370,735 167,030,999
Fiduciary Net Position
Employer contributions $2,190,424 $2,438,085 $2,438,659
Member contributions 682,507 698,304 710,717
Investment income net of investment 22,812,286 5,523,287 820,583
expenses
Benefit payments (8,714,250) (10,201,500) (10,624,925)
Administrative expenses (18,352) (18,074) (18,507)
Net change in plan fiduciary net position 16,952,615 (1,559,898) (6,673,473)
Fiduciary net position, beginning
Fiduciary net position, ending (b)
Net pension liability, ending = (a) — (b)
Fiduciary net position as a % of total
pension liability
Covered payroll(2)
Net pension liability as a % of covered
payroll
133, 061, 677 150, 014,292 148, 454,394
$150,014,292 $148,454,394 $141,780,921
$6,101,471
96.09%
$24,723,565
24.68%
$12,916,341
92.00%
$32,726,034
39.47%
$25,250,078
84.88%
33,214,217
76.02%
(l) This schedule will fill in to a ten-year schedule as results for new fiscal years are calculated.
(2) For June 30, 2014, covered payroll shown includes defined benefit plan actives and members in DROP,
but excludes the payroll for FRS Invest Plan members and payroll on which only UAL rates are charged.
For June 30, 2015, and later, covered payroll shown includes the payroll for FRS Investment Plan
members and payroll on which only UAL rates are charged.
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
A-14
Actuarial Methods and Assumptions for the FRS Pension Plan. The total pension liability was
determined by an actuarial valuation as of the valuation date of July 1, 2016, calculated based on the
discount rate and actuarial assumptions below:
Discount rate
Long-term expected rate of return, net of investment
expense
Bond Buyer General Obligation 20 -Bond Municipal
Bond Index
June 30, 2014 June 30, 2015 June 30, 2016
7.65% 7.65% 7.60%
7.65% 7.65% 7.60%
N/A N/A N/A
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
The plan's fiduciary net position was projected to be available to make all projected future benefit
payments of current active and inactive employees in the determining the projected depletion date.
Therefore, the discount rate for calculating the total pension liability is equal to the long-term expected
rate of return.
The actuarial assumptions used to determine the total pension liability as of June 30, 2016, were
based on the results of an actuarial experience study for the period July 1, 2008 - June 30, 2013.
Valuation Date
Measurement Date
Asset Valuation Method
Inflation
Salary increase including inflation
Mortality
Actuarial cost method
July 1, 2016
June 30, 2016
Fair Market Value
2.60%
3.25%
Generational RP -2000 with Projection Scale BB
Individual Entry Age Normal
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
Sensitivity Analysis for the FRS Pension Plan. The following presents the net pension liability of
the FRS, calculated using the discount rate of 7.60%, as well as what the FRS's net pension liability would
be if it were calculated using a discount rate that is one percentage point lower (6.60%) or one percentage
point higher (8.60%) than the current rate.
A-15
Current
1% Decrease
Discount Rate
1% Increase
6.60%
7.60%
8.60%
Total pension liability $188,268,024,512
$167,030,999,000
$149,353,979,968
Fiduciary net position 141,780,920,515
141,780,920,515
148,454,393,902
Net pension liability $46,487,103,997
$25,250,078,485
$7,573,059,453
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
A-15
Retiree Health Insurance Subsidy
The Retiree Health Insurance Subsidy ("HIS") Program is a cost-sharing multiple -employer
defined benefit pension plan established under Section 112.363, Florida Statutes. The benefit is a monthly
payment to assist retirees of state -administered retirement systems in paying their health insurance costs
and is administered by the Division of Retirement within the Department of Management Services. For
the State Fiscal Year ended June 30, 2016, eligible retirees and beneficiaries received a monthly HIS
payment equal to the number of years of creditable service completed at the time of retirement multiplied
by $5. The payments are at least $30 but not more than $150 per month, pursuant to Section 112.363,
Florida Statutes. To be eligible to receive a HIS benefit, a retiree under a state -administered retirement
system must provide proof of health insurance coverage, which can include Medicare.
The HIS Program is funded by required contributions from FRS participating employers as set by
the Legislature. Employer contributions are a percentage of gross compensation for all active FRS
members. For the State Fiscal Year ended June 30, 2016, the contribution rate was 1.66% of payroll
pursuant to Section 112.363, F.S. The state contributed 100% of its statutorily required contributions for
the current and preceding two years. HIS contributions are deposited in a separate trust fund from which
HIS payments are authorized. HIS benefits are not guaranteed and are subject to annual legislative
appropriation. In the event the legislative appropriation or available funds fail to provide full subsidy
benefits to all participants, the legislature may reduce or cancel HIS payments.
[Remainder of page intentionally left blank]
A-16
Pension Amounts for the HIS.
Schedule of Changes in Net Pension Liability and Related RatiosM
(in thousands)
Total Pension Liability
Service cost
Interest on total pension liability
Effect of plan changes
Effect of economic/demographic (gains) or
losses
Effect of assumption changes or inputs
Benefit payments
Net change in total pension liability
Total pension liability, beginning
Total pension liability, ending (a)
Fiduciary Net Position
Employer contributions
Member contributions
Investment income net of investment
expenses
Benefit payments
Administrative expenses
Net change in plan fiduciary net position
Fiduciary net position, beginning
Fiduciary net position, ending (b)
Net pension liability, ending = (a) — (b)
Fiduciary net position as a % of total
pension liability
Covered payroll
Net pension liability as a % of covered
payroll
June 30, 2014
June 30, 2015
June 30, 2016
$190,371
$217,519
$256,710
409,907
405,441
390,757
0
0
0
0
0
(30,826)
386,383
607,698
1,352,459
(407,276)
(425,086)
(449,857)
579,385
805,572
1,519,243
8,864,244 9,443,629 10,249,201
$9,443,629 $10,249,201 $11,768,445
$342,566 $382,454 $512,564
0 0 0
219 208 565
(407,275) (425,085) (449,857)
(54) (188) (188)
(64,544) (42,611) 63,084
157,929 93,385 50,774
$93,385 $50,774 $113,859
$9,350,244 10,198,427 11,654,586
0.99% 0.50% 0.97%
29,676,340 30,340,449 30,875,274
31.51% 33.61% 37.75%
(1) This schedule will fill in to a ten-year schedule as results for new fiscal years are calculated.
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
A-17
Actuarial Methods and Assumptions for the HIS. The total pension liability was determined by
an actuarial valuation as of the valuation date, calculated based on the discount rate and actuarial
assumptions below, and then was projected to the measurement date. Any significant changes during
this period have been reflected as prescribed by GASB 67. The same demographic and economic
assumptions that were used in the Florida Retirement System Actuarial Valuation as of July 1, 2016
("funding valuation") were used for the HIS program, unless otherwise noted. In a given membership
class and tier, the same assumptions for both FRS Investment Plan members and for FRS Pension Plan
members were used.
June 30, 2014
June 30, 2015
June 30,2016
Discount rate 4.29%
3.80%
2.85%
Long-term expected rate of return, net of investment N/A
N/A
N/A
expense
Bond Buyer General Obligation 20 -Bond Municipal 4.29%
3.80%
2.85%
Bond Index
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
In general, the discount rate for calculating the total pension liability under GASB 67 is equal to
the single rate equivalent to discounting at the long-term expected rate of return for benefit payments
prior to the projected depletion date. Because the HIS benefit is essentially funded on a pay-as-you-go
basis, the depletion date is considered to be immediate, and the single equivalent discount rate is equal to
the municipal bond rate selected by the plan sponsor. The discount rate used in the 2016 valuation was
updated from 3.80% to 2.85%, reflecting the change in the Bond Buyer General Obligation 20- Bond
Municipal Bond Index as of June 30, 2016.
The actuarial assumptions used to determine the total pension liability as of June 30, 2016, were
based on the results of an actuarial experience study for the period July 1, 2008 - June 30, 2013.
Valuation Date
Measurement Date
Inflation
Salary increase including inflation
Mortality
Actuarial cost method
July 1, 2016
June 30, 2016
2.60%
3.25%
Generational RP -2000 with Projection Scale BB
Individual Entry Age
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
Sensitivity Analysis for the HIS. The following presents the net pension liability of the HIS,
calculated using the discount rate of 2.85%, as well as what the HIS's net pension liability would be if it
were calculated using a discount rate that is one percentage point lower (1.85%) or one percentage point
higher (3.85%) than the current rate.
A-18
1% Decrease Current Discount Rate 1% Increase
1.85% 2.85% 3.85%
Total pension liability $13,484,316,752 $11,768,444,801 $10,344,364,746
Fiduciary net position 113,859,055 113,859,055 113,859,055
Net pension liability $13,370,457,697 $11,654,585,746 $10,230,505,691
Source: Florida Retirement System Pension Plan and Other State Administered Systems Comprehensive Annual
Financial Report for Fiscal Year Ended June 30, 2016.
FRS Investment Plan
The State Board of Administration administers the defined contribution plan officially titled the
FRS Investment Plan. The Florida Legislature establishes and amends the benefit terms of the plan.
Retirement benefits are based upon the value of the member's account upon retirement. The FRS
Investment Plan provides vesting after one year of service regardless of membership class. If an
accumulated benefit obligation for service credit originally earned under the FRS Pension Plan is
transferred to the FRS Investment Plan, the years of service required for vesting under the Pension Plan
(including the service credit represented by the transferred funds) is required to be vested for these funds
and the earnings on the funds. The employer pays a contribution as a percentage of salary that is
deposited into the individual member's account. Effective July 1, 2011, there is a mandatory employee
contribution of 3.00%. The FRS Investment Plan member directs the investment from the options offered
under the plan. Costs of administering the plan, including the FRS Financial Guidance Program, are
funded through an employer assessment of payroll and by forfeited benefits of plan members. After
termination and applying to receive benefits, the member may rollover vested funds to another qualified
plan, structure a periodic payment under the FRS Investment Plan, receive a lump -sum distribution, or
leave the funds invested for future distribution. Disability coverage is provided; the employer pays an
employer contribution to fund the disability benefit which is deposited in the FRS Trust Fund. The
member may either transfer the account balance to the FRS Pension Plan when approved for disability
retirement to receive guaranteed lifetime monthly benefits under the FRS Pension Plan, or remain in the
FRS Investment Plan and rely upon that account balance for retirement income.
As of June 30, 2016, the State reported the following pension amounts related to the FRS
Investment Plan:
Pension Expensed>(2) $56,148,707
Forfeitures 5,756,447
Pension Liability 133,881
(1) Pension expense excludes the required UAL which is recognized in the FRS statement of contributions.
(2) The amount of forfeitures is not reflected in pension expense recognized by the State and issued to
offset administrative costs.
Source: Florida Comprehensive Annual Financial Report for Fiscal Year ended June 30, 2016.
A-19
Schedule of Funding Progress
for the Florida Retirement SysternM
(000 omitted in dollar amounts)
Source: The Florida Retirement System, Pension Plan & Other State -Administered Systems, Annual Report: July
1, 2012 — June 30, 2013; Annual Report: July 1, 2013 — June 30, 2014, Annual Report: July 1, 2014 — June
30, 2015 and Annual Report: July 1, 2015 — June 30, 2016.
Source: The Florida Retirement System Pension Plan Actuarial Valuation Report.(6)
0)Calculations are based on GASB 27 requirements including traditional funding of DROP.
(2) For the plan year beginning on the Actuarial Valuation Date shown, includes payroll for members in
DROP, Teachers' Retirement.
System and Institute of Food and Agricultural Sciences.
(3)As reported in July 1, 2009 actuarial valuation report, before impact of House Bill 479 (2009).
(4) As reported in July 1, 2010 actuarial valuation report, before impact of Senate Bill 2100 (2011).
(5) Includes Deferred Retirement Option Program (DROP) payroll.
The information presented in the above schedule was determined as part of the actuarial
valuations performed at the dates indicated. Additional information as of the latest actuarial valuation is
as follows:
Florida Retirement System Assumptions
Valuation Date
Actuarial cost method
Amortization method
Equivalent Single amortization period0)
Asset valuation method
Actuarial assumptions:
Investment rate of return
Projected salary increases
Includes inflation at
Cost -of -Living Adjustments
A-20
July 1, 2016
Entry Age Normal
Level Percentage of Pay, Open
30 years
5 -year Smoothed Method
7.60%
3.25%
2.60%
3.00%
Actuarial
UAAL As
Actuarial
Accrued
Unfunded
% of
Actuarial
Value
Liability (AAL)
ML
Funded
Covered
Covered
Valuation
of Assets
- Entry Age
(UAAL)
Ratio
Payroll
Payroll
Date
jJbL1
ib-ai
a b
c (z)
&a)Lc
7/1/08
$130,720,547
$124,087,214
$(6,633,333)
105.35%
$26,891,340
(24.67)%
7/1/09(3)
118,764,692
136,375,597
17,610,905
87.09
26,573,196
66.27
7/1/10(4)
120,929,666
139,652,377
18,722,711
86.59
25,765,362
72.67
7/1/11
126,078,053
145,034,475
18,956,422
86.93
25,686,138
73.80
7/1/12
127,891,781
148,049,596
20,157,815
86.38
24,491,371
82.31
7/1/13
131,680,615
154,125,953
22,445,338
85.44
24,568,642
91.36
7/1/14
138,621,201
160,130,502
21,509,301
86.57
24,723,565(5)
87.00
7/1/15
143,195,531(6)
165,548,928(6)
22,353,3976)
86.50
32,726,034
68.30
7/1/16
145,451,612(6)
170,374,609(6)
24,922,9976)
85.37
33,214,217
74.96
Source: The Florida Retirement System, Pension Plan & Other State -Administered Systems, Annual Report: July
1, 2012 — June 30, 2013; Annual Report: July 1, 2013 — June 30, 2014, Annual Report: July 1, 2014 — June
30, 2015 and Annual Report: July 1, 2015 — June 30, 2016.
Source: The Florida Retirement System Pension Plan Actuarial Valuation Report.(6)
0)Calculations are based on GASB 27 requirements including traditional funding of DROP.
(2) For the plan year beginning on the Actuarial Valuation Date shown, includes payroll for members in
DROP, Teachers' Retirement.
System and Institute of Food and Agricultural Sciences.
(3)As reported in July 1, 2009 actuarial valuation report, before impact of House Bill 479 (2009).
(4) As reported in July 1, 2010 actuarial valuation report, before impact of Senate Bill 2100 (2011).
(5) Includes Deferred Retirement Option Program (DROP) payroll.
The information presented in the above schedule was determined as part of the actuarial
valuations performed at the dates indicated. Additional information as of the latest actuarial valuation is
as follows:
Florida Retirement System Assumptions
Valuation Date
Actuarial cost method
Amortization method
Equivalent Single amortization period0)
Asset valuation method
Actuarial assumptions:
Investment rate of return
Projected salary increases
Includes inflation at
Cost -of -Living Adjustments
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July 1, 2016
Entry Age Normal
Level Percentage of Pay, Open
30 years
5 -year Smoothed Method
7.60%
3.25%
2.60%
3.00%
(1) Used for GASB Statement 27 reporting purposes.
Source: The Florida Retirement System, Pension Plan & Other State -Administered Systems, Annual Report: July
1, 2015 — June 30, 2016.
The County's liability for participation in the FRS is limited to the payment of the required
contribution at the rates and frequencies established by law on future payrolls of the County. Effective
July 1, 2011, all members of FRS are required to contribute 3% of their gross compensation toward their
retirement. The County's contribution, including employee contributions, to the Pension Plan totaled
$8,001,879 for the Fiscal Year ended September 30, 2016.
Legislation Relating to FRS
The Florida Legislature passed Senate Bill 2100 ("SB 2100") during its 2011 session and was signed
by Governor Rick Scott on May 20, 2011. SB 2100 makes significant changes to the FRS with respect to
employee contributions and employer contributions, among other items. Effective July 1, 2011, all
members of FRS were required to contribute 3% of their gross compensation toward their retirement. In
addition, the legislation reduced the required employer contribution rates for each membership class and
subclass of the FRS. Additionally, the bill eliminated the cost of living adjustment for all FRS employees
for service earned on or after July 1, 2011, although the bill does contemplate reinstatement of the
adjustment in 2016 under certain circumstances.
SB 2100 makes other changes to the FRS that only apply to employees who initially enroll on or
after July 1, 2011, including: (1) the average final compensation upon which retirement benefits are
calculated are based on the eight highest (formerly five highest) fiscal years of compensation prior to
retirement; (2) the DROP is maintained but the interest accrual rate is reduced from 6.5% to 1.3%; (3) the
normal retirement age is increased from 62 to 65; and (4) the years of creditable service is increased from
30 to 33 and the vesting period is increased to eight years (formerly six).
During the Florida Legislature's 2013 session, the Florida Legislature passed Senate Bill 1810 ("SB
1810"). SB 1810 establishes the contribution rates paid by employers participating in the FRS. These rates
are intended to fund the full normal cost and amortization of the unfunded actuarial liability of the FRS.
The FRS will receive approximately $885 million of additional revenues on an annual basis beginning
July 1, 2013. SB 1810 also increases the contributions paid by employers participating in the retiree health
insurance subsidy program. The Retiree Health Insurance Trust Fund will receive roughly $42 million of
additional revenues on an annual basis beginning July 1, 2013. SB 1810 was signed into law by the
Governor and became effective July 1, 2013. The new rates include the additional amount that employers
must contribute to the Retiree Health Insurance Trust Fund and such amounts are included in the
County's budget.
During the Florida Legislature's 2014 session, the Florida Legislature passed Senate Bill 2506 ("SB
2506"). SB 2506 establishes the contribution rates paid by employers participating in the FRS beginning
July 1, 2014. These rates are intended to fund the full normal cost and amortization of the UAL of the
FRS. These increased contribution rates will provide an additional $131.5 million of revenue on an
annual basis beginning July 1, 2014.
During the Florida Legislature's 2016 session, the Florida Legislature passed Senate Bill 7012 ("SB
7012"). SB 7012 authorizes payment of death benefits to the surviving spouse or children of Special Risk
Class member killed in line of duty; establishes qualifications and eligibility requirements; prescribes
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method of calculating benefit; specifies circumstances under which benefit payments are terminated;
requires the State Board of Administration to transfer moneys to fund survivor benefit payments; adjusts
employer contribution rates beginning July 1, 2016.
Other Post Employment Benefits
Plan Description. The County has two single -employer benefit plans, the County plan (the
"County Plan") and the St. Lucie Sheriff's Office plan (the "Sheriff's Plan"), both administered by the
County. Pursuant to the provision of the Section 112.0801, Florida Statutes, under the County Plan,
former employees who retire from the County, and eligible dependents, may continue to participate in
the County's respective medical/prescription, vision, dental and life insurance plans as long as they pay
the full premium applicable to coverage elected. The County amended its policy on October 1, 2004, for
employee retirements after that date, to provide for payment of the monthly single premium for the
employee and $100 toward the cost of eligible dependent coverage, if covered at the time of retirement,
for employees who meet the following eligibility requirements:
• Active full-time employee with 10 years of continuous service with the County by the health plan
at the time of retirement;
• Either 30 years of service under the FRS, vested under the FRS and normal retirement age or 62
years old; and
• Monthly premiums will be paid until the retiree becomes Medicare/Medicaid eligible. The $100
supplement for dependent coverage will continue until the dependent become eligible for
coverage under another group plan or becomes Medicare/Medicaid eligible.
The County further amended its policy in Fiscal Year 2014 to limit the above post -employment
benefit to employees hired before October 1, 2013.
Under the Sheriff's Plan, the County provides medical/prescription, vision and dental benefits for
employees and sworn officers upon retirement and subsidizes a portion of the premiums. Retirees with
at least 25 years or more of service under the Sheriff are offered free retiree health coverage until they
attain eligibility for Medicare benefits. The provisions of the Sheriff's Plan may be amended through
negotiations between the St. Lucie Sheriff's Office and its employee bargaining units.
The County subsidizes the premium rates for the medical/prescription plan paid by the retirees
by allowing them to participate in the plan at the blended group premium rates for both active and
retired employees. These rates provide an implicit subsidy for retirees because, on an actuarial basis, their
current and future claims are expected to result in higher costs to the plan on average than those of active
employees. Retirees are required to enroll in the Federal Medicare program for their primary coverage as
soon as they are eligible. The vision, dental and life insurance plans do not result in an implicit subsidy.
Funding Policy. The County plans to fund this postemployment benefit on a pay -as -you go
basis. As of September 30, 2016, 49 retirees received medical/prescription benefits in the County Plan and
61 retirees received medical/prescription benefits in the Sheriff's Plan. The County provided $2,254,994
toward the annual OPEB cost for the County Plan and $2,950,243 toward the annual OPEB cost for the
Sheriff's Plan.
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Annual OPEB Cost and Net OPEB Obligation. The following table shows the County's annual
OPEB cost for the year, the amount contributed to the plan, and changes in the County's net OPEB
obligation:
County Plan Sheriff's Plan
Description
Amount
Amount
Annual Required Contribution
$ 2,254,994
$ 2,950,243
Interest on Net OPEB Obligation
758,749
638,138
Adjustment to Annual Required Contribution
(728,914)
(725,157)
Annual OPEB Cost (Expense)
2,284,829
2,863,224
Contribution Toward the OPEB Cost
(825,526)
(929,006)
Increase in Net OPEB Obligation
1,459,303
1,934,218
Net OPEB Obligation, Beginning of Year
18,968,731
15,953,455
NET OPEB Obligation, End of Year
$ 20,428,034
$17,887,673
Source: Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2016.
The County's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and
the net OPEB obligation as of September 30, 2016, were as follows:
County Plan:
Sheriff's Plan
Percentage of
Annual
Annual
OPEB Cost
Net OPEB
Fiscal Year
OPEB Cost
Contributed
Obligation
2013/14
$2,522,545
20.81%
$17,475,939
2014/15
2,198,626
32.11
18,968,731
2015/16
2,284,829
36.13
20,428,034
Sheriff's Plan
Source: Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2016.
Funded Status and Funding Progress. Funded Status and Funding Progress of the County
Plan as of October 1, 2014 is as follows:
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Percentage of
Annual
Annual
OPEB Cost
Net OPEB
Fiscal Year
OPEB Cost
Contributed
Obligation
2013/14
$2,941,936
32.04%
$14,026,327
2014/15
3,096,283
37.76
15,953,455
2015/16
2,863,224
32.45
17,887,673
Source: Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2016.
Funded Status and Funding Progress. Funded Status and Funding Progress of the County
Plan as of October 1, 2014 is as follows:
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Actuarial accrued liability
Actuarial value of plan assets
Unfunded actuarial accrued liability (UAAL)
Fund ratio
Covered payroll (active plan members)
UAAL as a percentage of covered payroll
Source: Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2016.
$ 24,165,595
$ 24,165,595
0%
$ 42,104,035
57.40%
Funded Status and Funding Progress of the Sheriff's Plan as of July 1, 2015 is as follows:
Actuarial accrued liability $ 31,780,171
Actuarial value of plan assets 0
Unfunded actuarial accrued liability (UAAL) $ 31,780,171
Fund ratio 0%
Covered payroll (active plan members) $ 34,393,153
UAAL as a percentage of covered payroll 92.40%
Source: Comprehensive Annual Financial Report Fiscal Year Ended September 30, 2016.
Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts
and assumptions about the probability of occurrence of events far into the future. Examples include
assumptions about future employment and termination, mortality, and the healthcare cost trends.
Amounts determined regarding the funded status of the plan and the annual required contributions
of the employer are subject to continual revision as actual results are compared with past
expectations and new estimates are made about the future. The schedule of funding progress,
presented as required supplementary information following the notes to the financial statements,
presents multiyear trend information about whether the actuarial value of plan assets is increasing
or decreasing over time relative to the actuarial accrued liability for benefits.
Actuarial Methods and Assumptions. Projection of benefits for financial reporting
purposes are based on the substantive plan provisions, as understood by the employer and
participating members, and include the type of benefits provided at the time of each valuation and
the historical pattern of sharing benefit costs between the employer and participating members.
The actuarial methods and assumptions used include techniques that are designed to reduce the
effect of short-term volatility in actuarial accrued liabilities and the actuarial value of assets,
consistent with the long-term perspective of calculations.
Sherriff's Plan
In the report for the OPEB actuarial valuation performed as of July 1, 2015, the results were
derived using the entry age actuarial cost method with an amortization of the unfunded actuarial
accrued liability as a level percent of expected payroll. The amortization period used is closed, and
the remaining amortization period at July 1, 2015, is 22 years. Because the OPEB liability is currently
unfunded, the actuarial assumptions include a 4.75% ultimate trend rate, a 3.0 percent inflation rate,
a 4.0 percent investment return, and a 4.0% — 7.8% percent projected salary increase. Compared to
the previous valuation, the unfunded actuarial accrued liability and the annual OPEB cost increased
moderately. The actuarial assumption annual healthcare cost trend rate for Fiscal Year 2015-16 is 7.0
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percent.
FLORIDA CONSTITUTIONAL LIMITATIONS AND PROPERTY TAX REFORM
Several constitutional and legislative amendments affecting ad valorem taxes have been
approved by voters in the past including the following:
Save Our Homes Amendment
By voter referendum held on November 3, 1992, Article VII, Section 4 of the State Constitution
was amended by adding thereto a subsection which, in effect, limits the increases in assessed just value of
homestead property to the lesser of (1) three percent of the assessment for the prior year or (2) the
percentage change in the Consumer Price Index for all urban consumers, U.S. City Average, all items
1967=100, or successor reports for the preceding calendar year as initially reported by the United States
Department of Labor, Bureau of Labor Statistics. Further, the amendment provides that (1) no
assessment shall exceed just value, (2) after any change of ownership of homestead property or upon
termination of homestead status such property shall be reassessed at just value as of January 1 of the year
following the year of sale or change of status, (3) new homestead property shall be assessed at just value
as of January 1 of the year following the establishment of the homestead, and (4) changes, additions,
reductions or improvements to homestead shall initially be assessed as provided for by general law, and
thereafter as provided in the amendment. This amendment is known as the "Save Our Homes
Amendment." The effective date of the amendment was January 5, 1993 and, pursuant to a ruling by the
Florida Supreme Court, it began to affect homestead property valuations commencing January 1, 1995,
with 1994 assessed values being the base year for determining compliance.
Limitations on State Revenue Amendment
In the 1994 general election, State voters approved an amendment to the State Constitution which
is commonly referred to as the "Limitation On State Revenues Amendment." This amendment provides
that State revenues collected for any fiscal year shall be limited to State revenues allowed under the
amendment for the prior fiscal year plus an adjustment for growth. Growth is defined as an amount
equal to the average annual rate of growth in State personal income over the most recent twenty quarters
times the State revenues allowed under the amendment for the prior fiscal year. State revenues collected
for any fiscal year in excess of this limitation are required to be transferred to a budget stabilization fund
until the fund reaches the maximum balance specified in the amendment to the State Constitution, and
thereafter is required to be refunded to taxpayers as provided by general law. The limitation on State
revenues imposed by the amendment may be increased by the State Legislature, by a two-thirds vote in
each house.
The term "State revenues," as used in the amendment, means taxes, fees, licenses, and charges for
services imposed by the State Legislature on individuals, businesses, or agencies outside state
government. However, the term "State revenues" does not include: (1) revenues that are necessary to
meet the requirements set forth in documents authorizing the issuance of bonds by the State; (2) revenues
that are used to provide matching funds for the federal Medicaid program with the exception of the
revenues used to support the Public Medical Assistance Trust Fund or its successor program and with the
exception of State matching funds used to fund elective expansions made after July 1, 1994; (3) proceeds
from the State lottery returned as prizes; (4) receipts of the Florida Hurricane Catastrophe Fund; (5)
balances carried forward from prior fiscal years; (6) taxes, licenses, fees and charges for services imposed
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by local, regional, or school district governing bodies, or (7) revenue from taxes, licenses, fees and charges
for services required to be imposed by any amendment or revision to the Florida Constitution after July 1,
1994. This amendment took effect on January 1, 1995, and was first applicable to the State's fiscal year
1995-1996.
Millage Rollback Legislation
In 2007, the Florida Legislature adopted Chapter 2007-321, Laws of Florida, a property tax plan
which significantly impacted ad valorem tax collections for Florida local governments. One component
of the adopted legislation required counties, cities and special districts to rollback their millage rates for
the 2007-2008 fiscal year to a level that, with certain adjustments and exceptions, would generate the
same level of ad valorem tax revenue as in fiscal year 2006-2007; provided, however, depending upon the
relative growth of each local government's own ad valorem tax revenues from 2001 to 2006, such rolled
back millage rates were determined after first reducing 2006-2007 ad valorem tax revenues by zero to
nine percent (0% to 9%). In addition, the legislation limited how much the aggregate amount of ad
valorem tax revenues may increase in future fiscal years. A local government may override certain
portions of these requirements by a supermajority, and for certain requirements, a unanimous vote of its
governing body.
Constitutional Amendments Related to Ad Valorem Exemptions
On January 29, 2008, in a special election held in conjunction with the State's presidential
primary, the requisite number of voters approved amendments to the Florida Constitution exempting
certain portions of a property's assessed value from taxation. These amendments were effective for the
2008 tax year (fiscal year 2008-2009 for local governments). The following is a brief summary of certain
important provisions contained in such amendments:
1. Provides for an additional exemption for the assessed value of homestead property
between $50,000 and $75,000, thus doubling the existing homestead exemption for property with an
assessed value equal to or greater than $75,000.
2. Permits owners of homestead property to transfer their Save Our Homes Amendment
benefit (up to $500,000) to a new homestead property purchased within two years of the sale of their
previous homestead property to which such benefit applied if the just value of the new homestead is
greater than or is equal to the just value of the prior homestead. If the just value of the new homestead is
less than the just value of the prior homestead, then owners of homestead property may transfer a
proportional amount of their Save Our Homes Amendment benefit, such proportional amount equaling
the just value of the new homestead divided by the just value of the prior homestead multiplied by the
assessed value of the prior homestead. As discussed above, the Save Our Homes Amendment generally
limits annual increases in ad valorem tax assessments for those properties with homestead exemptions to
the lesser of three percent (3%) or the annual rate of inflation.
3. Exempts from ad valorem taxation $25,000 of the assessed value of property subject to
tangible personal property tax.
4. Limits increases in the assessed value of non -homestead property to 10% per year,
subject to certain adjustments. The cap on increases would be in effect for a 10 -year period, subject to
extension by an affirmative vote of electors.
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The Save Our Homes Amendment assessment cap and portability provisions described above
have been subject to legal challenge. The plaintiffs in such cases have argued that the Save Our Homes
Amendment assessment cap constitutes an unlawful residency requirement for tax benefits on
substantially similar property in violation of the equal protection provisions of the Florida Constitution
and the Privileges and Immunities Clause of the Fourteenth Amendment to the United States
Constitution. The plaintiffs also argued that the portability provision simply extends the
unconstitutionality of the tax shelters granted to long-term homeowners by the Save Our Homes
Amendment. The courts in each case have rejected such constitutional arguments and upheld the
constitutionality of such provisions; however, there is no assurance that any future challenges to such
provisions will not be successful.
In addition to the legislative activity described above, the constitutionally mandated Florida
Taxation and Budget Reform Commission (required to be convened every 20 years) (the "TBRC")
completed its meetings on April 25, 2008 and placed several constitutional amendments on the November
4, 2008 General Election ballot. Three of such amendments were approved by the voters of Florida,
which, among other things, do the following: (a) allow the Florida Legislature, by general law, to exempt
from assessed value of residential homes, improvements made to protect property from wind damage
and installation of a new renewable energy source device; (b) assess specified working waterfront
properties based on current use rather than highest and best use; (c) provide a property tax exemption for
(i) real property that is perpetually used for conservation (began in 2010) and (ii) land not perpetually
encumbered, require the Florida Legislature to provide classification and assessment of land use for
conservation purposes solely on the basis of character or use.
Exemption for Deployed Military Personnel
In the November 2010 General Election, voters approved a constitutional amendment which
provides an additional homestead exemption for deployed military personnel. The exemption equals the
percentage of days during the prior calendar year that the military homeowner was deployed outside of
the United States in support of military operations designated by the Legislature. This constitutional
amendment took effect on January 1, 2011. In March of 2016, HB 7023 was approved by the Governor,
which updated the military operations specified for eligibility under this exemption. The bill also
extended the application deadline for qualifying service members.
Other Proposals Affecting Ad Valorem Taxation
During the Florida Legislature's 2011 Regular Session, it passed Senate Joint Resolution 592 ("SJR
592"). SJR 592 allows totally or partially disabled veterans who were not Florida residents at the time of
entering military service to qualify for the combat -related disabled veteran's ad valorem tax discount on
homestead property. The amendment took effect on January 1, 2013.
During the Florida Legislature's 2012 Regular Session, it passed House Joint Resolution 93 ("HJR
93"). HJR 93 allows the Florida Legislature to provide ad valorem tax relief to the surviving spouse of a
veteran who died from service -connected causes while on active duty as a member of the United States
Armed Forces and to the surviving spouse of a first responder who died in the line of duty. The amount
of tax relief, to be defined by general law, can equal the total amount or a portion of the ad valorem tax
otherwise owed on the homestead property. The amendment took effect on January 1, 2013.
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Also during the Florida Legislature's 2012 Regular Session, it passed House Joint Resolution 169
("HJR 169") allowing the Florida Legislature by general law to permit counties and municipalities, by
ordinance, to grant an additional homestead tax exemption equal to the assessed value of homestead
property to certain low income seniors. To be eligible for the additional homestead exemption the county
or municipality must have granted the exemption by ordinance; the property must have a just value of
less than $250,000; the owner must have title to the property and maintained his or her permanent
residence thereon for at least 25 years; the owner must be age 65 years or older; and the owner's annual
household income must be less than $20,000. The additional homestead tax exemption authorized by
HJR 169 would not apply to school property taxes. This bill was approved as an amendment to the
Florida Constitution by the voters on November 6, 2012.
During the Florida Legislature's 2013 Regular Session, it passed Senate Bill 1830 ("SB 1830"),
which was signed into law by the Governor and creates a number of changes affecting ad valorem
taxation and which became effective July 1, 2013. First, SB 1830 provides long-term lessees the ability to
retain their homestead exemption and related assessment limitations and exemptions in certain instances
and extends the time for property owners to appeal value adjustment board decisions on transfers of
assessment limitations to conform with general court filing timeframes. Second, SB 1830 inserts the term
"algaculture" in the definition of "agricultural purpose" and inserts the terms "aquacultural crops" in the
provision specifying the valuation of certain annual agricultural crops, nonbearing fruit trees and nursery
stock. Third, SB 1830 allows for an automatic renewal for assessment reductions related to certain
additions to homestead properties used as living quarters for a parent or grandparent and aligns related
appeal and penalty provisions to those for other homestead exemptions. Fourth, SB 1830 deletes a
statutory requirement that the owner of the property must reside upon the property to qualify for a
homestead exemption. Fifth, SB 1830 clarifies the property tax exemptions counties and cities may
provide for certain low income persons age 65 and older. Sixth, SB 1830 removes a residency
requirement that a senior disabled veteran must have been a Florida resident at the time they entered the
service to qualify for certain property tax exemptions. Seventh, SB 1830 repeals the ability for certain
limited liability partnerships to qualify for the affordable housing property tax exemption. Eighth, SB
1830 exempts property used exclusively for educational purposes when the entities that own the property
and the educational facility are owned by the same natural persons.
During the Florida Legislature's 2013 Regular Session, the Florida Legislature passed House Bill
277 ("HB 277"), which was signed into law by the Governor. HB 277 provides that certain renewable
energy devices are exempt from being considered when calculating the assessed value of residential
property. HB 277 only applies to devices installed on or after January 1, 2013. HB 277 took effect on July
1, 2013. The 2016 Florida Legislature passed Joint Resolution 193 (CS/HJR 193), which proposes an
amendment to the Florida Constitution to authorize the Legislature, by general law, to exempt the
assessed value of solar devices or renewable energy source devices subject to tangible personal property
tax from ad valorem taxation, and to prohibit the consideration of the installation of a solar device or a
renewable energy source device in determining the assessed value of real property for the purpose of ad
valorem taxation, with a designated effective date of January 1, 2018 and an expiration date of December
31, 2037. This CS/HJR 193 is tied to House Bill CS/195, approved by the Governor on March 25, 2016 and
the electors of Florida on August 30, 2016.
Also during the Florida Legislature's 2013 Regular Session, the Florida Legislature passed House
Bill 1193 ("HB 1193"), which was signed into law by the Governor. HB 1193 eliminated three ways in
which the property appraiser had authority to reclassify agricultural land as non-agricultural land.
Ow.
Additionally, HB 1193 relieves the value adjustment board of the authority to review the property
appraisers. HB 1193 is effective immediately and will apply retroactively to January 1, 2013.
At present, the impact of SB 7830, HB 277 and HB 1193 on the County's finances cannot be
accurately ascertained.
During the 2016 Regular Session, another Joint Resolution (CS/HJR 1009) passed, proposing an
amendment to the Florida Constitution to grant a full or partial property tax exemption on homestead
property to first responders who are totally and permanently disabled as a result of an injury or injuries
sustained in the line of duty. The amendment to the constitution was approved by more than 60% of the
voters in the 2016 General Election, the effective date is January 1, 2017.
The 2016 Legislature further passed an amendment in Joint Resolution 275 (CS/HJR 275),
clarifying the calculation for use in determining the just value for purposes of homestead tax exemption
for certain senior, long-term, low-income residents. The amendment was approved by more than 60% of
the voters in the 2016 General Election, the amendment will take effect on January 1, 2017, and operates
retroactively to January 1, 2013, for persons who received the exemption prior to January 1, 2017. The
CS/HJR 275 is tied to House Bill 277, approved by the Governor on March 25, 2016, which states
essentially the same intent and purpose, and has the same effective date of CS/HJR 275.
In the 2017 State legislative session, which concluded on May 8, 2017, the State legislature passed
House joint Resolution 7105 which proposes an amendment to Section 6, Article VII of the State
Constitution that would increase the homestead exemption by exempting the assessed valuation of
homestead property greater than $100,000 and up to $125,000 for all levies other than school district
levies. If approved by the voters in November, 2018, such amendment would be effective beginning with
the 2019 tax roll.
In the 2017 State legislative session, the State legislature passed House Joint Resolution 21 which
proposes an amendment to Section 4, Article VII of the State Constitution to permanently retain the
current provisions which would limit the property tax assessment increases on specified non -homestead
real property, except for school district levies, to 10% each year. If approved by the voters in November,
2018, such amendment would be effective beginning with the 2019 tax roll.
Legislative Proposals Relating to Ad Valorem Taxation
During recent years, various other legislative proposals and constitutional amendments relating
to ad valorem taxation and revenue limitation have been introduced in the State Legislature. Many of
these proposals provide for new or increased exemptions to ad valorem taxation, limit increases in
assessed valuation of certain types of property or otherwise restrict the ability of local governments in the
State to levy ad valorem taxes at recent, historical levels. There can be no assurance that similar or
additional legislation or other proposals will not be introduced or enacted in the future that would, or
might apply to, or have a material adverse effect upon, the County's finances.
lwt
APPENDIX S
INDEPENDENT AUDITORS' REPORT OF THE COUNTY
APPENDIX C
FORM OF THE RESOLUTION
APPENDIX D
FORM OF BOND COUNSEL OPINION
APPENDIX E
FORM OF CONTINUING DISCLOSURE CERTIFICATE
EXHIBIT C
FORM OF CONTINUING DISCLOSURE CERTIFICATE
C-1
CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and
delivered by St. Lucie County, Florida (the "Issuer") in connection with the issuance of its
$ Taxable Non -Ad Valorem Revenue Bonds, Series 2017A (the "Series 2017A
Bonds").
The Series 2017A Bonds are being issued pursuant to the authority and in compliance
with the Constitution of the State of Florida, Chapter 125, Florida Statutes and other applicable
provisions of law, and pursuant to Resolution No. adopted by the Board of County
Commissioners of the Issuer (the 'Board") on November 7, 2017, as amended and supplemented
from time to time (the 'Resolution"). Capitalized terms used but not otherwise defined herein
shall have the same meaning as when used in the Resolution unless the context would clearly
indicate otherwise. The Issuer covenants and agrees as follows:
SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure
Certificate is being executed and delivered by the Issuer for the benefit of the holders and
Beneficial Owners (defined below) of the Series 2017A Bonds and in order to assist the
Participating Underwriters in complying with the continuing disclosure requirements of
the Rule (defined below).
SECTION 2. DEFINITIONS. In addition to the definitions set forth in the
Resolution which apply to any capitalized term used in this Disclosure Certificate,
unless otherwise defined herein, the following capitalized terms shall have the following
meanings:
"Annual Report" shall mean any Annual Report provided by the Issuer pursuant
to, and as described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person which (a) has the power, directly or
indirectly, to vote or consent with respect to, or to dispose of ownership of, any Series
2017A Bonds (including persons holding Series 2017A Bonds through nominees,
depositories or other intermediaries), or (b) is treated as the owner of any Series 2017A
Bonds for federal income tax purposes.
"Dissemination Agent" shall mean the Issuer, or any successor Dissemination
Agent designated in writing by the Issuer, and which has filed with the Issuer a written
acceptance of such designation.
"EMMA" shall mean the Electronic Municipal Market Access web portal of the
MSRB, located at http://www.emma.msrb.org.
"Event of Bankruptcy" shall be considered to have occurred when any of the
following occur: the appointment of a receiver, fiscal agent or similar officer for an
Obligated Person in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the Obligated
Person, or if such jurisdiction has been assumed by leaving the existing governmental
body and officials or officers in possession but subject to the supervision and orders of a
court or governmental authority, or the entry of an order confirming a plan of
reorganization, arrangement or liquidation by a court or governmental authority having
supervision or jurisdiction over substantially all of the assets or business of the
Obligated Person.
"Listed Events" shall mean any of the events listed in Section 5 of this Disclosure
Certificate.
"MSRB" shall mean the Municipal Securities Rulemaking Board.
"Obligated Person" shall mean any person, including the Issuer, who is either
generally or through an enterprise, fund, or account of such person committed by
contract or other arrangement to support payment of all, or part of the obligations on the
Bonds (other than providers of municipal bond insurance, letters of credit, or other
liquidity or credit facilities).
"Participating Underwriters" shall mean the original underwriters of the Bonds
required to comply with the Rule in connection with offering of the Bonds.
"Rule" shall mean the continuing disclosure requirements of Rule 15c2-12
adopted by the Securities and Exchange Commission under the Securities Exchange Act
of 1934, as the same may be amended from time to time.
SECTION 3. PROVISION OF ANNUAL REPORTS.
(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than
July 30th after the end of the Issuer's last fiscal year (presently ends September 30),
commencing with the report for the 2017-2018 fiscal year, provide to EMMA an Annual
Report which is consistent with the requirements of Section 4 of this Disclosure
Certificate. The Annual Report may be submitted as a single document or as separate
documents comprising a package, and may cross-reference other information as provided
in Section 4 of this Disclosure Certificate; provided that the audited financial statements of
the Issuer may be submitted separately from the balance of the Annual Report and later
than the date required above for the filing of the Annual Report only if they are not
available by that date so long as they are provided when they become available. If the
Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a
Listed Event under Section 5.
(b) Not later than fifteen (15) Business Days prior to said date, the Issuer shall
provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is
unable to provide to EMMA an Annual Report by the date required in subsection (a), the Issuer
shall send a notice to EMMA, in substantially the form attached as Exhibit A, accompanied by a
cover sheet in the form set forth as Exhibit B.
(c) The Dissemination Agent shall, if the Dissemination Agent is other than the
Issuer, file a report with the Issuer certifying that the Annual Report has been provided
pursuant to this Disclosure Certificate, stating the date it was provided to EMMA.
SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall
contain or include by reference the following:
(a) The audited financial statements of the Issuer for the prior fiscal year,
prepared in accordance with generally accepted accounting principles as promulgated to
apply to governmental entities from time to time by the Governmental Accounting
Standards Board. If the Issuer's audited financial statements are not available by the time
the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall
contain unaudited financial statements in a format similar to the financial statements
contained in the final Official Statement, and the audited financial statements shall be
filed in the same manner as the Annual Report when they become available.
(b) An update of the information contained in the tables from the Official Statement
entitled NON -AD VALOREM REVENUES OF ST. LUCIE COUNTY, FLORIDA; and ST. LUCIE
COUNTY, FLORIDA NON -AD VALOREM REVENUE DEBT SERVICE SCHEDULE, in each
case, presented in a manner consistent with the presentation of such information in the Official
Statement.
Relating to information to be provided to EMMA, the information provided
under Section 4(b) may be included by specific reference to other documents, including official
statements of debt issues of the Issuer or related public entities, which have been submitted to
EMMA or the Securities and Exchange Commission. If the document included by reference is a
final official statement, it must be available from EMMA. The Issuer shall clearly identify each
such other document so included by reference.
SECTION 5. REPORTING OF SIGNIFICANT EVENTS. Pursuant to the provisions of
this Section 5, the Issuer shall give, or cause to be given, notice with EMMA of the
occurrence in a timely manner not in excess of ten (10) business days after the occurrence
of any of the following events with respect to the Series 2017A Bonds, with the exception
of the event described in number 15 below, which notice shall be given in a timely
manner:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS
Form 5701-TEB) or other material notices or determinations with respect to
the tax status of the Series 2017A Bonds, or other material events affecting the
tax status of the Series 2017A Bonds;
7. Modifications to rights of the holders of the Series 2017A Bonds, if material;
8. Series 2017A Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Series 2017A
Bonds, if material;
11. Ratings changes;
12. An Event of Bankruptcy or similar event of an Obligated Person;
13. The consummation of a merger, consolidation, or acquisition involving the Issuer
or the sale of all or substantially all of the assets of the Issuer, other than in the
ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material; and
14. Appointment of a successor or additional trustee or paying agent or the change
of name of a trustee or paying agent, if material; and
15. Notice of any failure on the part of the Issuer to meet the requirements of Section
3 hereof.
SECTION b. TERMINATION OF REPORTING OBLIGATION. The Issuer's
obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior
redemption or payment in full of all of the Series 2017A Bonds, so long as there is no remaining
liability of the Issuer, or if the Rule is repealed or no longer in effect. If such termination occurs
prior to the final maturity of the Series 2017A Bonds, the Issuer shall give notice of such
termination in the same manner as for a Listed Event under Section 5.
SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time,
appoint or engage a Dissemination Agent to assist it in carrying out its obligations under
this Disclosure Certificate, and may discharge any such Dissemination Agent, with or
without appointing a successor Dissemination Agent. The Dissemination Agent shall not be
responsible in any manner for the content of any notice or report prepared by the Issuer
pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer.
SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provision of this
Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of
this Disclosure Certificate may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or
5, it may only be made in connection with a change in circumstances that arises from a change
in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or
the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would,
in the opinion of nationally recognized bond counsel, have complied with the requirements of
the Rule at the time of the original issuance of the Series 2017A Bonds, after taking into account
any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by the holders or
Beneficial Owners of the Series 2017A Bonds in the same manner as provided in the Resolution
for amendments to the Resolution with the consent of holders or Beneficial Owners, or (ii) does
not, in the opinion of nationally recognized bond counsel, materially impair the interests of the
holders or Beneficial Owners of the Series 2017A Bonds.
Notwithstanding the foregoing, the Issuer shall have the right to adopt amendments to
this Disclosure Certificate necessary to comply with modifications to and interpretations of the
provisions of the Rule as announced by the Securities and Exchange Commission from time to
time.
In the event of any amendment or waiver of a provision of this Disclosure Certificate,
the Issuer shall describe such amendment in the next Annual Report, and shall include, as
applicable, a narrative explanation of the reason for the amendment or waiver and its impact on
the type (or in the case of a change of accounting principles, on the presentation) of financial
information or operating data being presented by the Issuer. In addition, if the amendment
relates to the accounting principles to be followed in preparing financial statements, (i) notice of
such change shall be given in the same manner as for a Listed Event under Section 5, and (ii) the
Annual Report for the year in which the change is made should present a comparison (in
narrative form and also, if feasible, in quantitative form) between the financial statements as
prepared on the basis of the new accounting principles and those prepared on the basis of the
former accounting principles.
SECTION 9. ADDITIONAL INFORMATION. Nothing in this Disclosure
Certificate shall be deemed to prevent the Issuer from disseminating any other information,
using the means of dissemination set forth in this Disclosure Certificate or any other means
of communication, or including any other information in any Annual Report or notice of
occurrence of a Listed Event, in addition to that which is required by this Disclosure
Certificate. If the Issuer chooses to include any information in any Annual Report or notice
of occurrence of a Listed Event in addition to that which is specifically required by this
Disclosure Certificate, the Issuer, as applicable, shall have no obligation under this
Disclosure Certificate to update such information or include it in any future Annual Report
or notice of occurrence of a Listed Event.
SECTION 10. DEFAULT. The continuing disclosure obligations of the Issuer set
forth herein constitute a contract with the holders of the Series 2017A Bonds. In the event of
a failure of the Issuer to comply with any provision of this Disclosure Certificate, any
Holder or Beneficial Owner of the Series 2017A Bonds may take such actions as may be
necessary and appropriate, including seeking mandamus or specific performance by court
order, to cause the Issuer, as applicable, to comply with its obligations under this Disclosure
Certificate; provided, however, the sole remedy under this Disclosure Certificate in the
event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate
shall be an action to compel performance. A default under this Disclosure Certificate shall
not be deemed an Event of Default under the Resolution.
SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION
AGENT. The Dissemination Agent shall have only such duties as are specifically set forth
in this Disclosure Certificate, and the Issuer agrees to indemnify and save the
Dissemination Agent, its officers, directors, employees and agents, harmless against loss,
expense and liabilities which it may incur arising out of or in the exercise or performance
of its powers and duties hereunder, including the costs and expenses (including attorney's
fees) of defending against any claim of liability, but excluding liabilities due to the
Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer
under this Section shall survive resignation or removal of the Dissemination Agent and
payment of the Series 2017A Bonds.
SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the
benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and holders and
Beneficial Owners from time to time of the Series 2017A Bonds, and shall create no rights in any
other person or entity.
Dated: December _, 2017 ST. LUCIE COUNTY, FLORIDA
Name: Chris Dzadovsky
Title: Chairman
ATTEST:
Clerk
EXHIBIT A
NOTICE TO REPOSITORY OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer
Obligated Person:
Name(s) of Bond Issue(s):
Date(s) of Issuance:
Date(s) of Disclosure
Certificate:
CUSIP Number:
St. Lucie County, Florida
St. Lucie County, Florida Taxable Non -Ad Valorem Revenue
Bonds, Series 2017A
December 2017
December J 2017
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with
respect to the above-named Bonds as required by the Continuing Disclosure Certificate. [The
Issuer has notified the Dissemination Agent that it anticipates that the Annual Report will be
filed by ]
[Dissemination Agent]
cc:
EXHIBIT B
EVENT NOTICE COVER SHEET
This cover sheet and accompanying "event notice" will be sent to the MSRB, pursuant to Securities and
Exchange Commission Rule 15c2-12(b)(5)(i)(C) and (D).
Issuer's and/or Other Obligated Person's Name:
Issuer's Six -Digit CUSIP Number:
or Nine -Digit CUSIP Number(s) of the Series 2017A Bonds to which this event notice relates:
Number of pages attached:
Description of Notice Events (Check One):
1. "Principal and interest payment delinquencies;"
2. "Non -Payment related defaults, if material;"
3. "Unscheduled draws on debt service reserves reflecting financial difficulties;"
4. "Unscheduled draws on credit enhancements reflecting financial difficulties;"
5. "Substitution of credit or liquidity providers, or their failure to perform;"
6. "Adverse tax opinions, IRS notices or events affecting the tax status of the security;"
7. "Modifications to rights of securities holders, if material;"
8. "Bond calls, if material;"
9. "Defeasances;"
10. "Release, substitution, or sale of property securing repayment of the securities, if material;'
11. "Rating changes;"
12. "Bankruptcy, insolvency, receivership or similar event of the obligated person;"
13. "Merger, consolidation, or acquisition of the obligated person, if material;" and
14. "Appointment of a successor or additional trustee, or the change of name of a trustee, if
material."
Failure to provide annual financial information as required.
I hereby represent that I am authorized by the Issuer or its agent to distribute this information publicly:
Signature:
Name:
Date:
Title:
EXHIBIT D
UNDERWRITER RECOMMENDATION
ME
PfM
October 11, 2017
Memorandum
To: Daniel McIntyre, County Attorney
Jennifer Hill, Office of Management & Budget Director
From: Jay Glover, Managing Director — Public Financial Management, Inc.
RE: St. Lucie County, Florida
Taxable Non Ad Valorem Revenue Bonds, Series 2017A — Underwriter
Recommendation
In March of 2017, St. Lucie County (the "County") undertook a request for proposals ("RFP")
to select an underwriting team that would assist the County with the issuance of Non -Ad
Valorem Revenue Bonds, Series 2017 (the "2017 Bonds") to fund improvements to the St.
Lucie County Sports Complex. Wells Fargo Securities and Citigroup were the two highest
ranked firms based on the selection criteria outlined in the RFP and were therefore
recommended to serve as the underwriting team for the 2017 Bonds. Wells Fargo Securities
was senior underwriter with Citigroup serving as co -manager.
As financial advisor to the County, Public Financial Management, Inc. ("PFM") has been made
aware that the County is preparing for the issuance of Taxable Non Ad Valorem Revenue
Bonds, Series 2017A (the "2017A Bonds") to finance the acquisition of certain port and ancillary
facilities located in the County. In order to complete this transaction, the County will again need
to utilize the services of an underwriting team to place the 2017A Bonds with investors. Given
the fact that the desired underwriting services are similar to those utilized for the 2017 Bonds
and the expedited timeframe for completion of the transaction, PFM is recommending that the
County utilize the same underwriting team for the issuance of the 2017A Bonds. As is common
practice when a local government engages a team of underwriters, PFM is also recommending
that the County rotate the senior underwriter position. So for the issuance of the 2017A Bonds,
Citigroup would serve as senior underwriter with Wells Fargo Securities serving as co-
manager.
If you have any questions about this recommendation please feel free to contact me at 407-
406-5760 or glove 60.1pfm.com.