Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 84
                                Barcode 456632                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                

       The Committee on Appropriations (Gardiner) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (f) of subsection (1) of section
    6  154.11, Florida Statutes, is amended to read:
    7         154.11 Powers of board of trustees.—
    8         (1) The board of trustees of each public health trust shall
    9  be deemed to exercise a public and essential governmental
   10  function of both the state and the county and in furtherance
   11  thereof it shall, subject to limitation by the governing body of
   12  the county in which such board is located, have all of the
   13  powers necessary or convenient to carry out the operation and
   14  governance of designated health care facilities, including, but
   15  without limiting the generality of, the foregoing:
   16         (f) To lease, either as lessee or lessor, or rent for any
   17  number of years and upon any terms and conditions real property,
   18  except that the board shall not lease or rent, as lessor, any
   19  real property other than office space controlled by the Public
   20  Health Trust, except in accordance with the requirements of s.
   21  125.35 [F. S. 1973].
   22         Section 2. Section 255.60, Florida Statutes, is amended to
   23  read:
   24         255.60 Special contracts with charitable not-for-profit
   25  youth organizations.—The state, or the governing body of any
   26  political subdivision of the state, or a public-private
   27  partnership is authorized, but not required, to contract for
   28  public service work with a not-for-profit organization such as
   29  highway and park maintenance, notwithstanding competitive sealed
   30  bid procedures required under this chapter, or chapter 287, or
   31  any municipal or county charter, upon compliance with this
   32  section.
   33         (1) The contractor or supplier must meet the following
   34  conditions:
   35         (a) The contractor or supplier must be a not-for-profit
   36  corporation incorporated under chapter 617 and in good standing.
   37         (b) The contractor or supplier must hold exempt status
   38  under s. 501(a) of the Internal Revenue Code, as an organization
   39  described in s. 501(c)(3) of the Internal Revenue Code.
   40         (c) For youth organizations, the corporate charter of the
   41  contractor or supplier must state that the corporation is
   42  organized as a charitable youth organization exclusively for at
   43  risk youths enrolled in a work-study program.
   44         (d) Administrative salaries and benefits for any such
   45  corporation shall not exceed 15 percent of gross revenues. Field
   46  supervisors shall not be considered administrative overhead.
   47         (2) The contract, if approved by authorized agency
   48  personnel of the state, or the governing body of a political
   49  subdivision, or the public-private partnership, as appropriate,
   50  must provide at a minimum that:
   51         (a) For youth organizations, labor shall be performed
   52  exclusively by at-risk youth and their direct supervisors; and
   53  shall not be subject to subcontracting.
   54         (b) For the preservation, maintenance, and improvement of
   55  park land, the property must be at least 20 acres with
   56  contiguous permanent public facilities that are capable of
   57  seating at least 5,000 persons.
   58         (c) For public education buildings, the building must be at
   59  least 90,000 square feet.
   60         (d)(b) Payment must be production-based.
   61         (e)(c) The contract will terminate should the contractor or
   62  supplier no longer qualify under subsection (1).
   63         (f)(d) The supplier or contractor has instituted a drug
   64  free workplace program substantially in compliance with the
   65  provisions of s. 287.087.
   66         (g)(e) The contractor or supplier agrees to be subject to
   67  review and audit at the discretion of the Auditor General in
   68  order to ensure that the contractor or supplier has complied
   69  with this section.
   70         (3) A No contract under this section may not exceed the
   71  annual sum of $250,000.
   72         (4) Should a court find that a contract purporting to have
   73  been entered into pursuant to this section does not so qualify,
   74  the court may order that the contract be terminated on
   75  reasonable notice to the parties. The court shall not require
   76  disgorgement of any moneys earned for goods or services actually
   77  delivered or supplied.
   78         (5) Nothing in this section shall excuse any person from
   79  compliance with ss. 287.132-287.134.
   80         Section 3. Section 287.05712, Florida Statutes, is created
   81  to read:
   82         287.05712Public-private partnerships.—
   83         (1) DEFINITIONS.—As used in this section, the term:
   84         (a) “Affected local jurisdiction” means a county,
   85  municipality, or special district in which all or a portion of a
   86  qualifying project is located.
   87         (b) “Develop” means to plan, design, finance, lease,
   88  acquire, install, construct, or expand.
   89         (c) “Fees” means charges imposed by the private entity of a
   90  qualifying project for use of all or a portion of such
   91  qualifying project pursuant to a comprehensive agreement.
   92         (d) “Lease payment” means any form of payment, including a
   93  land lease, by a public entity to the private entity of a
   94  qualifying project for the use of the project.
   95         (e) “Material default” means nonperformance of duties by
   96  the private entity of a qualifying project which jeopardizes
   97  adequate service to the public from the project.
   98         (f) “Operate” means to finance, maintain, improve, equip,
   99  modify, or repair.
  100         (g) “Private entity” means any natural person, corporation,
  101  general partnership, limited liability company, limited
  102  partnership, joint venture, business trust, public benefit
  103  corporation, nonprofit entity, or other private business entity.
  104         (h) “Proposal” means a plan for a qualifying project with
  105  detail beyond a conceptual level for which terms such as fixing
  106  costs, payment schedules, financing, deliverables, and the
  107  project schedule are defined.
  108         (i) “Qualifying project” means:
  109         1. A facility or project that serves a public purpose,
  110  including, but not limited to, any ferry or mass transit
  111  facility, vehicle parking facility, airport or seaport facility,
  112  rail facility or project, fuel supply facility, oil or gas
  113  pipeline, medical or nursing care facility, recreational
  114  facility, sporting or cultural facility, or educational facility
  115  or other building or facility that is used or will be used by a
  116  public educational institution, or any other public facility or
  117  infrastructure that is used or will be used by the public at
  118  large or in support of an accepted public purpose or activity;
  119         2. An improvement, including equipment, of a building that
  120  will be principally used by a public entity, the public at
  121  large, or that supports a service delivery system in the public
  122  sector;
  123         3. A water, wastewater, or surface water management
  124  facility or other related infrastructure; or
  125         4. Notwithstanding any provision of this section, for
  126  projects that involve a facility owned or operated by the
  127  governing board of a county, district, or municipal hospital or
  128  health care system, only those projects that the governing board
  129  designates as qualifying projects pursuant to this section.
  130         (j) “Responsible public entity” means a county,
  131  municipality, school board, or any other political subdivision
  132  of the state; a public body corporate and politic; or a regional
  133  entity that serves a public purpose and is authorized to develop
  134  or operate a qualifying project.
  135         (k) “Revenues” means the income, earnings, user fees, lease
  136  payments, or other service payments relating to the development
  137  or operation of a qualifying project, including, but not limited
  138  to, money received as grants or otherwise from the Federal
  139  Government, a public entity, or an agency or instrumentality
  140  thereof in aid of the qualifying project.
  141         (l) “Service contract” means a contract between a public
  142  entity and the private entity which defines the terms of the
  143  services to be provided with respect to a qualifying project.
  144         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  145  that there is a public need for the construction or upgrade of
  146  facilities that are used predominantly for public purposes and
  147  that it is in the public’s interest to provide for the
  148  construction or upgrade of such facilities.
  149         (a) The Legislature also finds that:
  150         1. There is a public need for timely and cost-effective
  151  acquisition, design, construction, improvement, renovation,
  152  expansion, equipping, maintenance, operation, implementation, or
  153  installation of projects serving a public purpose, including
  154  educational facilities, transportation facilities, water or
  155  wastewater management facilities and infrastructure, technology
  156  infrastructure, roads, highways, bridges, and other public
  157  infrastructure and government facilities within the state which
  158  serve a public need and purpose, and that such public need may
  159  not be wholly satisfied by existing procurement methods.
  160         2. There are inadequate resources to develop new
  161  educational facilities, transportation facilities, water or
  162  wastewater management facilities and infrastructure, technology
  163  infrastructure, roads, highways, bridges, and other public
  164  infrastructure and government facilities for the benefit of
  165  residents of this state, and that a public-private partnership
  166  has demonstrated that it can meet the needs by improving the
  167  schedule for delivery, lowering the cost, and providing other
  168  benefits to the public.
  169         3. There may be state and federal tax incentives that
  170  promote partnerships between public and private entities to
  171  develop and operate qualifying projects.
  172         4. A procurement under this section serves the public
  173  purpose of this section if such procurement facilitates the
  174  timely development or operation of a qualifying project.
  175         (b) It is the intent of the Legislature to encourage
  176  investment in the state by private entities; to facilitate
  177  various bond financing mechanisms, private capital, and other
  178  funding sources for the development and operation of qualifying
  179  projects, including expansion and acceleration of such financing
  180  to meet the public need; and to provide the greatest possible
  181  flexibility to public and private entities contracting for the
  182  provision of public services.
  184         (a) There is created the Partnership for Public Facilities
  185  and Infrastructure Act Guidelines Task Force for the purpose of
  186  recommending guidelines for the Legislature to consider for
  187  purposes of creating a uniform process for establishing public
  188  private partnerships, including the types of factors responsible
  189  public entities should review and consider when processing
  190  requests for public-private partnership projects pursuant to
  191  this section.
  192         (b) The task force shall be composed of seven members as
  193  follows:
  194         1. The secretary of the Department of Management Services
  195  or his or her designee, who shall serve as chair of the task
  196  force.
  197         2. Six members appointed by the Governor, as follows:
  198         a. One county government official.
  199         b. One municipal government official.
  200         c. One district school board member.
  201         d. Three representatives of the business community.
  202         (c) Task force members must be appointed by July 31, 2013.
  203  By August 31, 2013, the task force shall meet to establish
  204  procedures for the conduct of its business and to elect a vice
  205  chair. The task force shall meet at the call of the chair. A
  206  majority of the members of the task force constitutes a quorum,
  207  and a quorum is necessary for the purpose of voting on any
  208  action or recommendation of the task force. All meetings shall
  209  be held in Tallahassee unless otherwise decided by the task
  210  force. No more than two meetings may be held in a location other
  211  than Tallahassee for the purpose of taking public testimony.
  212  Administrative and technical support shall be provided by the
  213  department. Task force members shall serve without compensation
  214  and are not entitled to reimbursement for per diem or travel
  215  expenses.
  216         (d) In reviewing public-private partnerships and developing
  217  recommendations, the task force must consider:
  218         1. Opportunities for competition through public notice and
  219  the availability of representatives of the responsible public
  220  entity to meet with private entities considering a proposal.
  221         2. Reasonable criteria for choosing among competing
  222  proposals.
  223         3. Suggested timelines for selecting proposals and
  224  negotiating an interim or comprehensive agreement.
  225         4. Whether an accelerated selection, review, and
  226  documentation timeline should be considered for proposals
  227  involving a qualifying project that the responsible public
  228  entity deems a priority.
  229         5. Procedures for financial review and analysis which, at a
  230  minimum, include a cost-benefit analysis, an assessment of
  231  opportunity cost, and consideration of the results of all
  232  studies and analyses related to the proposed qualifying project.
  233         6. The adequacy of the information released when seeking
  234  competing proposals and providing for the enhancement of that
  235  information, if necessary, to encourage competition.
  236         7. Current exemptions from public records and public
  237  meetings requirements, and if any changes to those exemptions
  238  are necessary or if any new exemptions should be created in
  239  order to maintain the confidentiality of financial and
  240  proprietary information received as part of an unsolicited
  241  proposal.
  242         8. Recommendations regarding the authority of the
  243  responsible public entity to engage the services of qualified
  244  professionals, which may include a Florida-registered
  245  professional or a certified public accountant, not otherwise
  246  employed by the responsible public entity, to provide an
  247  independent analysis regarding the specifics, advantages,
  248  disadvantages, and long-term and short-term costs of a request
  249  by a private entity for approval of a qualifying project, unless
  250  the governing body of the public entity determines that such
  251  analysis should be performed by employees of the public entity.
  252         (e) The task force must submit a final report of its
  253  recommendations to the Governor, the President of the Senate,
  254  and the Speaker of the House of Representatives by July 1, 2014.
  255         (f) The task force is terminated December 31, 2014. The
  256  establishment of guidelines pursuant to this section by the task
  257  force or the adoption of such guidelines by a public entity is
  258  not required for the public entity to request or receive
  259  proposals for a qualifying project or to enter into a
  260  comprehensive agreement for a qualifying project. A public
  261  entity may adopt guidelines before or after the establishment of
  262  guidelines by the task force, which may remain in effect if such
  263  guidelines are not inconsistent with the guidelines established
  264  by the task force. A guideline that is inconsistent with the
  265  guidelines of the task force must be amended as necessary to
  266  maintain consistency with the task force guidelines.
  267         (4) PROCUREMENT PROCEDURES.—A responsible public entity may
  268  receive unsolicited proposals or may solicit proposals for
  269  qualifying projects and may thereafter enter into an agreement
  270  with a private entity, or a consortium of private entities, for
  271  the building, upgrading, operating, ownership, or financing of
  272  facilities.
  273         (a) The responsible public entity may establish a
  274  reasonable application fee for the submission of an unsolicited
  275  proposal under this section. The fee must be sufficient to pay
  276  the costs of evaluating the proposal. The responsible public
  277  entity may engage the services of a private consultant to assist
  278  in the evaluation of the proposal.
  279         (b) The responsible public entity may request a proposal
  280  from private entities for a public-private project; or, if the
  281  public entity receives an unsolicited proposal for a public
  282  private project and the public entity intends to enter into a
  283  comprehensive agreement for the project described in such
  284  unsolicited proposal, the public entity shall publish notice in
  285  the Florida Administrative Register and a newspaper of general
  286  circulation at least once a week for 2 weeks stating that the
  287  public entity has received a proposal and will accept other
  288  proposals for the same project. The timeframe within which the
  289  public entity may accept other proposals shall be determined by
  290  the public entity on a project-by-project basis based upon the
  291  complexity of the project and the public benefit to be gained by
  292  allowing a longer or shorter period of time within which other
  293  proposals may be received; however, the timeframe for allowing
  294  other proposals must be at least 21 days, but no more than 120
  295  days, after publication of the notice. A copy of the notice must
  296  be mailed to each local government in the affected area.
  297         (c) A responsible public entity that is a school board may
  298  enter into a comprehensive agreement only with the approval of
  299  the local governing body.
  300         (d) Before approval, the responsible public entity must
  301  determine that the proposed project:
  302         1. Is in the public’s best interest.
  303         2. Is for a facility that is owned by the responsible
  304  public entity or for a facility for which ownership will be
  305  conveyed to the responsible public entity.
  306         3. Has adequate safeguards in place to ensure that
  307  additional costs or service disruptions are not imposed on the
  308  public in the event of material default or cancellation of the
  309  agreement by the responsible public entity.
  310         4. Has adequate safeguards in place to ensure that the
  311  responsible public entity or private entity has the opportunity
  312  to add capacity to the proposed project or to add capacity to
  313  other facilities serving similar predominantly public purposes.
  314         5. Will be owned by the responsible public entity upon
  315  completion or termination of the agreement and upon payment of
  316  the amounts financed.
  317         (e) Before signing a comprehensive agreement, the
  318  responsible public entity must consider a reasonable finance
  319  plan that is consistent with subsection (11), the project cost,
  320  revenues by source, available financing, major assumptions,
  321  internal rate of return on private investments if governmental
  322  funds are assumed in order to deliver a cost-feasible project,
  323  and the total cash-flow analysis beginning with the
  324  implementation of the project and extending for the term of the
  325  agreement.
  326         (f) In considering an unsolicited proposal, the responsible
  327  public entity may require from the private entity a technical
  328  study prepared by a nationally recognized expert with experience
  329  preparing analysis for bond rating agencies. In evaluating the
  330  technical study, the responsible public entity may rely upon
  331  internal staff reports prepared by personnel familiar with the
  332  operation of similar facilities or the advice of external
  333  advisors or consultants who have relevant experience.
  334         (5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited proposal
  335  from a private entity for approval of a qualifying project must
  336  be accompanied by the following material and information unless
  337  waived by the responsible public entity:
  338         (a) A description of the qualifying project, including the
  339  conceptual design of the facilities or a conceptual plan for the
  340  provision of services, and a schedule for the initiation and
  341  completion of the qualifying project.
  342         (b) A description of the method by which the private entity
  343  proposes to secure the necessary property interests that are
  344  required for the qualifying project.
  345         (c) A description of the private entity’s general plans for
  346  financing the qualifying project, including the sources of the
  347  private entity’s funds and the identity of any dedicated revenue
  348  source or proposed debt or equity investment on behalf of the
  349  private entity.
  350         (d) The name and address of a person who may be contacted
  351  for additional information concerning the proposal.
  352         (e) The proposed user fees, lease payments, or other
  353  service payments over the term of a comprehensive agreement, and
  354  the methodology and circumstances that would allow changes to
  355  such user fees, lease payments, and service payments in the
  356  future.
  357         (f) Reasonable additional material or information requested
  358  by the responsible public entity.
  360         (a) The private entity must meet the minimum standards
  361  contained in the responsible public entity’s guidelines for
  362  qualifying professional services and contracts for traditional
  363  procurement projects.
  364         (b) The responsible public entity must ensure:
  365         1. That provision is made for the private entity’s
  366  performance and payment of subcontractors, including, but not
  367  limited to, surety bonds, letters of credit, parent company
  368  guarantees, and lender and equity partner guarantees. For the
  369  components of the qualifying project which involve construction
  370  performance and payment, bonds are required and are subject to
  371  the recordation, notice, suit limitation, and other requirements
  372  of s. 255.05.
  373         2. The most efficient pricing of the security package that
  374  provides for the performance and payment of subcontractors.
  375         3. That provision is made for the transfer of the private
  376  entity’s obligations if the comprehensive agreement is
  377  terminated or a material default occurs.
  378         (c) After the public notification period has expired in the
  379  case of an unsolicited proposal, the responsible public entity
  380  shall rank the proposals received in order of preference. In
  381  ranking the proposals, the responsible public entity may
  382  consider factors that include, but are not limited to,
  383  professional qualifications, general business terms, innovative
  384  design techniques or cost-reduction terms, and finance plans.
  385  The responsible public entity may then begin negotiations for a
  386  comprehensive agreement with the highest-ranked proposer. If the
  387  responsible public entity is not satisfied with the results of
  388  the negotiations, the responsible public entity may terminate
  389  negotiations with the highest-ranked proposer and negotiate with
  390  the second- or subsequent-ranked proposers in the order
  391  consistent with this procedure. If only one proposal is
  392  received, the responsible public entity may negotiate in good
  393  faith, and if the public entity is not satisfied with the
  394  results of the negotiations, the public entity may terminate
  395  negotiations with the proposer. Notwithstanding this paragraph,
  396  the responsible public entity may reject all proposals at any
  397  point in the process until a contract with the proposer is
  398  executed.
  399         (d) The responsible public entity shall perform an
  400  independent analysis of the proposed public-private partnership
  401  which demonstrates the cost-effectiveness and overall public
  402  benefit before the procurement process is initiated or before
  403  the contract is awarded.
  404         (e) The responsible public entity may approve the
  405  development or operation of an educational facility, a
  406  transportation facility, a water or wastewater management
  407  facility or related infrastructure, a technology infrastructure
  408  or other public infrastructure, or a government facility needed
  409  by the responsible public entity as a qualifying project, or the
  410  design or equipping of a qualifying project that is developed or
  411  operated, if:
  412         1. There is a public need for or benefit derived from a
  413  project of the type that the private entity proposes as the
  414  qualifying project.
  415         2. The estimated cost of the qualifying project is
  416  reasonable in relation to similar facilities.
  417         3. The private entity’s plans will result in the timely
  418  acquisition, design, construction, improvement, renovation,
  419  expansion, equipping, maintenance, or operation of the
  420  qualifying project.
  421         (f) The responsible public entity may charge a reasonable
  422  fee to cover the costs of processing, reviewing, and evaluating
  423  the request, including, but not limited to, reasonable attorney
  424  fees and fees for financial and technical advisors or
  425  consultants and for other necessary advisors or consultants.
  426         (g) Upon approval of a qualifying project, the responsible
  427  public entity shall establish a date for the commencement of
  428  activities related to the qualifying project. The responsible
  429  public entity may extend the commencement date.
  430         (h) Approval of a qualifying project by the responsible
  431  public entity is subject to entering into a comprehensive
  432  agreement with the private entity.
  434         (a) The responsible public entity must notify each affected
  435  local jurisdiction by furnishing a copy of the proposal to each
  436  affected local jurisdiction when considering a proposal for a
  437  qualifying project.
  438         (b) Each affected local jurisdiction that is not a
  439  responsible public entity for the respective qualifying project
  440  may, within 60 days after receiving the notice, submit written
  441  comments to the responsible public entity to indicate whether
  442  the facility is incompatible with the local comprehensive plan,
  443  the local infrastructure development plan, the capital
  444  improvements budget, any development of regional impact
  445  processes or timelines, or other governmental spending plan. The
  446  responsible public entity shall consider the comments of the
  447  affected local jurisdiction before entering into a comprehensive
  448  agreement with a private entity. If an affected local
  449  jurisdiction fails to respond to the responsible public entity
  450  within the time provided in this paragraph, such nonresponse is
  451  deemed an acknowledgement by the affected local jurisdiction
  452  that the qualifying project is compatible with the local
  453  comprehensive plan, the local infrastructure development plan,
  454  the capital improvements budget, or other governmental spending
  455  plan.
  456         (8) INTERIM AGREEMENT.—Before or in connection with the
  457  negotiation of a comprehensive agreement, the public entity may
  458  enter into an interim agreement with the private entity
  459  proposing the development or operation of the qualifying
  460  project. An interim agreement does not obligate the responsible
  461  public entity to enter into a comprehensive agreement. The
  462  interim agreement is discretionary with the parties and is not
  463  required on a qualifying project for which the parties may
  464  proceed directly to a comprehensive agreement without the need
  465  for an interim agreement. An interim agreement must be limited
  466  to provisions that:
  467         (a) Authorize the private entity to commence activities for
  468  which it may be compensated related to the proposed qualifying
  469  project, including, but not limited to, project planning and
  470  development, design, environmental analysis and mitigation,
  471  survey, other activities concerning any part of the proposed
  472  qualifying project, and ascertaining the availability of
  473  financing for the proposed facility or facilities.
  474         (b) Establish the process and timing of the negotiation of
  475  the comprehensive agreement.
  476         (c) Relate to an aspect of the development or operation of
  477  a qualifying project that the responsible public entity and the
  478  private entity deem appropriate.
  480         (a) Before developing or operating the qualifying project,
  481  the private entity must enter into a comprehensive agreement
  482  with the responsible public entity. The comprehensive agreement
  483  must provide for:
  484         1. The delivery of performance and payment bonds, letters
  485  of credit, or other security acceptable to the responsible
  486  public entity in connection with the development or operation of
  487  the qualifying project in a form and amount satisfactory to the
  488  responsible public entity. For the components of the qualifying
  489  project which involve construction, the form and amount of the
  490  bonds must comply with s. 255.05.
  491         2. The review of the design for the qualifying project by
  492  the responsible public entity and, if the design conforms to
  493  standards acceptable to the responsible public entity, the
  494  approval of the responsible public entity. This subparagraph
  495  does not require the private entity to complete the design of
  496  the qualifying project before the execution of the comprehensive
  497  agreement.
  498         3. The inspection of the qualifying project by the
  499  responsible public entity to ensure that the private entity’s
  500  activities are acceptable to the public entity in accordance
  501  with the comprehensive agreement.
  502         4. The maintenance by the private entity of a policy of
  503  public liability insurance, a copy of which must be filed with
  504  the responsible public entity and accompanied by proofs of
  505  coverage, or self-insurance, each in a form and amount
  506  satisfactory to the responsible public entity and reasonably
  507  sufficient to ensure coverage of tort liability to the public
  508  and employees and to enable the continued operation of the
  509  qualifying project.
  510         5. The monitoring by the responsible public entity of the
  511  maintenance practices to be performed by the private entity to
  512  ensure that the qualifying project is properly maintained.
  513         6. The periodic filing by the private entity of the
  514  appropriate financial statements that pertain to the qualifying
  515  project.
  516         7. The procedures that govern the rights and
  517  responsibilities of the responsible public entity and the
  518  private entity in the course of the construction and operation
  519  of the qualifying project and in the event of the termination of
  520  the comprehensive agreement or a material default by the private
  521  entity. The procedures must include conditions that govern the
  522  assumption of the duties and responsibilities of the private
  523  entity by an entity that funded, in whole or part, the
  524  qualifying project or by the responsible public entity, and must
  525  provide for the transfer or purchase of property or other
  526  interests of the private entity by the responsible public
  527  entity.
  528         8. In negotiating user fees, the fees must be the same for
  529  persons using the facility under like conditions and must not
  530  materially discourage use of the qualifying project. The
  531  execution of the comprehensive agreement or a subsequent
  532  amendment is conclusive evidence that the fees, lease payments,
  533  or service payments provided for in the comprehensive agreement
  534  comply with this section. Fees or lease payments established in
  535  the comprehensive agreement as a source of revenue may be in
  536  addition to, or in lieu of, service payments.
  537         9. The duties of the private entity, including the terms
  538  and conditions that the responsible public entity determines
  539  serve the public purpose of this section.
  540         (b) The comprehensive agreement may include:
  541         1. An agreement by the responsible public entity to make
  542  grants or loans to the private entity from amounts received from
  543  the federal, state, or local government or an agency or
  544  instrumentality thereof.
  545         2. A provision under which each entity agrees to provide
  546  notice of default and cure rights for the benefit of the other
  547  entity, including, but not limited to, a provision regarding
  548  unavoidable delays.
  549         3. A provision that terminates the authority and duties of
  550  the private entity under this section and dedicates the
  551  qualifying project to the responsible public entity or, if the
  552  qualifying project was initially dedicated by an affected local
  553  jurisdiction, to the affected local jurisdiction for public use.
  554         (10) FEES.—An agreement entered into pursuant to this
  555  section may authorize the private entity to impose fees to
  556  members of the public for the use of the facility. The following
  557  provisions apply to the agreement:
  558         (a) The responsible public entity may develop new
  559  facilities or increase capacity in existing facilities through
  560  agreements with public-private partnerships.
  561         (b) The public-private partnership agreement must ensure
  562  that the facility is properly operated, maintained, or improved
  563  in accordance with standards set forth in the comprehensive
  564  agreement.
  565         (c) The responsible public entity may lease existing fee
  566  for-use facilities through a public-private partnership
  567  agreement.
  568         (d) Any revenues must be regulated by the responsible
  569  public entity pursuant to the comprehensive agreement.
  570         (e) A negotiated portion of revenues from fee-generating
  571  uses must be returned to the public entity over the life of the
  572  agreement.
  573         (11) FINANCING.—
  574         (a) A private entity may enter into a private-source
  575  financing agreement between financing sources and the private
  576  entity. A financing agreement and any liens on the property or
  577  facility must be paid in full at the applicable closing that
  578  transfers ownership or operation of the facility to the
  579  responsible public entity at the conclusion of the term of the
  580  comprehensive agreement.
  581         (b) The responsible public entity may lend funds to private
  582  entities that construct projects containing facilities that are
  583  approved under this section.
  584         (c) The responsible public entity may use innovative
  585  finance techniques associated with a public-private partnership
  586  under this section, including, but not limited to, federal loans
  587  as provided in Titles 23 and 49 of the Code of Federal
  588  Regulations, commercial bank loans, and hedges against inflation
  589  from commercial banks or other private sources. In addition, the
  590  responsible public entity may provide its own capital or
  591  operating budget to support a qualifying project. The budget may
  592  be from any legally permissible funding sources of the
  593  responsible public entity, including the proceeds of debt
  594  issuances. A responsible public entity may use the model
  595  financing agreement provided for in s. 489.145(6) for its
  596  financing of a facility owned by a responsible public entity. A
  597  financing agreement may not require the responsible public
  598  entity to indemnify the financing source, subject the
  599  responsible public entity’s facility to liens in violation of s.
  600  11.066(5), or secure financing by the responsible public entity
  601  with a pledge of security interest, and any such provision is
  602  void.
  603         (d) A responsible public entity shall appropriate on a
  604  priority basis as required by the comprehensive agreement a
  605  contractual payment obligation, annual or otherwise, from the
  606  enterprise or other government fund from which the qualifying
  607  projects will be funded. This required payment obligation must
  608  be appropriated before other noncontractual obligations payable
  609  from the same enterprise or other government fund.
  611         (a) The private entity shall:
  612         1. Develop or operate the qualifying project in a manner
  613  that is acceptable to the responsible public entity in
  614  accordance with the provisions of the comprehensive agreement.
  615         2. Maintain, or provide by contract for the maintenance or
  616  improvement of, the qualifying project if required by the
  617  comprehensive agreement.
  618         3. Cooperate with the responsible public entity in making
  619  best efforts to establish interconnection between the qualifying
  620  project and any other facility or infrastructure as requested by
  621  the responsible public entity in accordance with the provisions
  622  of the comprehensive agreement.
  623         4. Comply with the comprehensive agreement and any lease or
  624  service contract.
  625         (b) Each private facility that is constructed pursuant to
  626  this section must comply with the requirements of federal,
  627  state, and local laws; state, regional, and local comprehensive
  628  plans; the responsible public entity’s rules, procedures, and
  629  standards for facilities; and such other conditions that the
  630  responsible public entity determines to be in the public’s best
  631  interest and that are included in the comprehensive agreement.
  632         (c) The responsible public entity may provide services to
  633  the private entity. An agreement for maintenance and other
  634  services entered into pursuant to this section must provide for
  635  full reimbursement for services rendered for qualifying
  636  projects.
  637         (d) A private entity of a qualifying project may provide
  638  additional services for the qualifying project to the public or
  639  to other private entities if the provision of additional
  640  services does not impair the private entity’s ability to meet
  641  its commitments to the responsible public entity pursuant to the
  642  comprehensive agreement.
  644  expiration or termination of a comprehensive agreement, the
  645  responsible public entity may use revenues from the qualifying
  646  project to pay current operation and maintenance costs of the
  647  qualifying project. If the private entity materially defaults
  648  under the comprehensive agreement, the compensation that is
  649  otherwise due to the private entity is payable to satisfy all
  650  financial obligations to investors and lenders on the qualifying
  651  project in the same way that is provided in the comprehensive
  652  agreement or any other agreement involving the qualifying
  653  project, if the costs of operating and maintaining the
  654  qualifying project are paid in the normal course. Revenues in
  655  excess of the costs for operation and maintenance costs may be
  656  paid to the investors and lenders to satisfy payment obligations
  657  under their respective agreements. A responsible public entity
  658  may terminate with cause and without prejudice a comprehensive
  659  agreement and may exercise any other rights or remedies that may
  660  be available to it in accordance with the provisions of the
  661  comprehensive agreement. The full faith and credit of the
  662  responsible public entity may not be pledged to secure the
  663  financing of the private entity. The assumption of the
  664  development or operation of the qualifying project does not
  665  obligate the responsible public entity to pay any obligation of
  666  the private entity from sources other than revenues from the
  667  qualifying project unless stated otherwise in the comprehensive
  668  agreement.
  669         (14) SOVEREIGN IMMUNITY.—This section does not waive the
  670  sovereign immunity of a responsible public entity, an affected
  671  local jurisdiction, or an officer or employee thereof with
  672  respect to participation in, or approval of, any part of a
  673  qualifying project or its operation, including, but not limited
  674  to, interconnection of the qualifying project with any other
  675  infrastructure or project. A county or municipality in which a
  676  qualifying project is located possesses sovereign immunity with
  677  respect to the project, including, but not limited to, its
  678  design, construction, and operation.
  679         (15) CONSTRUCTION.—This section shall be liberally
  680  construed to effectuate the purposes of this section. This
  681  section shall be construed as cumulative and supplemental to any
  682  other authority or power vested in or exercised by the governing
  683  board of a county, district, or municipal hospital or health
  684  care system including those contained in acts of the Legislature
  685  establishing such public hospital boards or s. 155.40. This
  686  section does not affect any agreement or existing relationship
  687  with a supporting organization involving such governing board or
  688  system in effect as of January 1, 2013.
  689         (a) This section does not limit a political subdivision of
  690  the state in the acquisition, design, or construction of a
  691  public project pursuant to other statutory authority.
  692         (b) Except as otherwise provided in this section, this
  693  section does not amend existing laws by granting additional
  694  powers to, or further restricting, a local governmental entity
  695  from regulating and entering into cooperative arrangements with
  696  the private sector for the planning, construction, or operation
  697  of a facility.
  698         (c) This section does not waive any requirement of s.
  699  287.055.
  700         Section 4. Section 336.71, Florida Statutes, is created to
  701  read:
  702         336.71 Public-private cooperation in construction of county
  703  roads.-
  704         (1) If a county receives a proposal, solicited or
  705  unsolicited, from a private entity seeking to construct, extend,
  706  or improve a county road or portion thereof, the county may
  707  enter into an agreement with the private entity for completion
  708  of the road construction project, which agreement may provide
  709  for payment to the private entity, from public funds, if the
  710  county conducts a noticed public hearing and finds that the
  711  proposed county road construction project:
  712         (a) Is in the best interest of the public.
  713         (b) Uses county funds only for portions of the project that
  714  will be part of the county road system.
  715         (c) Has adequate safeguards to ensure that additional costs
  716  or unreasonable service disruptions are not realized by the
  717  public.
  718         (d) Will, upon completion, be a part of the county road
  719  system owned by the county.
  720         (e) Results in a financial benefit to the public by
  721  completing the project at a cost to the public significantly
  722  lower than if the project were completed by the county using the
  723  normal procurement process.
  724         (2) The notice for the public hearing provided for in
  725  subsection (1) must be published at least 14 days before the
  726  date of the public meeting at which the governing board takes
  727  final action. The notice must identify the project, the
  728  estimated cost of the project, and specify that the purpose for
  729  the public meeting is to consider whether it is in the public’s
  730  best interest to accept the proposal and enter into an agreement
  731  pursuant thereto. The determination of cost savings pursuant to
  732  paragraph (1)(e) must be supported by a professional engineer’s
  733  cost estimate made available to the public at least 14 days
  734  before the public meeting and placed in the record for that
  735  meeting.
  736         (3) Upon compliance with subsection (1), the project and
  737  agreement are exempt from s. 255.20 pursuant to s.
  738  255.20(1)(c)11.
  739         (4) Except as otherwise expressly provided in this section,
  740  this section does not affect existing law by granting additional
  741  powers to or imposing further restrictions on local government
  742  entities.
  743         Section 5. This act shall take effect July 1, 2013.
  745  ================= T I T L E  A M E N D M E N T ================
  746         And the title is amended as follows:
  747         Delete everything before the enacting clause
  748  and insert:
  749                        A bill to be entitled                      
  750         An act relating to public-private partnerships;
  751         amending s. 154.11, F.S.; revising the powers of a
  752         public health trust; amending s. 255.60, F.S.;
  753         authorizing certain public entities to contract for
  754         public service works with not-for-profit
  755         organizations; revising eligibility and contract
  756         requirements for not-for-profit organizations
  757         contracting with certain public entities; creating s.
  758         287.05712, F.S.; providing definitions; providing
  759         legislative findings and intent relating to the
  760         construction or improvement by private entities of
  761         facilities used predominantly for a public purpose;
  762         creating a task force to establish specified
  763         guidelines; providing procurement procedures;
  764         providing requirements for project approval; providing
  765         project qualifications and process; providing for
  766         notice to affected local jurisdictions; providing for
  767         interim and comprehensive agreements between a public
  768         and a private entity; providing for use fees;
  769         providing for financing sources for certain projects
  770         by a private entity; providing powers and duties of
  771         private entities; providing for expiration or
  772         termination of agreements; providing for the
  773         applicability of sovereign immunity for public
  774         entities with respect to qualified projects; providing
  775         for construction of the act; creating s. 336.71, F.S.;
  776         authorizing counties to enter into public-private
  777         partnership agreements for construction of roads under
  778         certain circumstances; providing bid exemption for
  779         such projects under certain circumstances; providing
  780         for a public notice and meeting; providing
  781         applicability; providing an effective date.