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The Florida Senate

CS/HB 781 — Unsolicited Proposals for Public-private Partnerships

by Constitutional Rights, Rule of Law & Government Operations Subcommittee and Rep. Clemons and others (CS/SB 870 by Governmental Oversight and Accountability Committee and Senator Boyd)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Governmental Oversight and Accountability Committee (GO)

The bill allows a local government or political subdivision (governmental entity) to proceed with an unsolicited proposal for a public-private partnership (P3) without engaging in a public bidding process, as currently required. The governmental entity may instead enter into the P3 by holding a public meeting at which the unsolicited proposal is presented for public comment and then holding a subsequent public meeting at which the governmental entity must announce its intent to proceed with the P3 and the basis for its determination. The governmental entity must publish its determination in the Florida Administrative Register for at least 7 days thereafter.

The bill also allows a governmental entity to enter into a P3 in which the ownership of the project will not be conveyed to the governmental entity within 10 years of the project’s commencement if the governmental entity publishes its determination of the public benefits in the P3 apart from ownership.

If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions take effect July 1, 2024.

Vote: Senate 37-2; House 114-0