Senate Bill sb1752

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    Florida Senate - 2003                                  SB 1752

    By Senator Sebesta





    16-863C-03

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Transportation; creating s. 215.617, F.S.;

  4         authorizing the department to issue revenue

  5         bonds financed by the repayment of loans from

  6         the state-funded infrastructure bank; amending

  7         s. 334.30, F.S.; providing for public-private

  8         partnership agreements for transportation

  9         facilities without prior legislative approval;

10         authorizing the department to adopt rules;

11         providing requirements for projects advanced by

12         a public-private partnership or private entity;

13         authorizing the department to request

14         proposals; requiring notice; providing

15         requirements for ranking proposals; amending s.

16         338.165, F.S.; authorizing the department to

17         request the Division of Bond Finance to issue

18         bonds secured by toll revenues collected on the

19         Beeline-East Expressway, the Sunshine Skyway

20         Bridge, and the Pinellas Bayway toll facilities

21         to provide funding for transportation projects

22         on the State Highway System in the counties in

23         which the projects are located; amending s.

24         338.2275, F.S.; increasing the cap on the

25         amount of bonds that may be issued to fund

26         approved turnpike projects; amending s.

27         338.235, F.S.; authorizing the turnpike

28         enterprise to secure products, business

29         opportunities, and services by competitive

30         solicitation; providing an effective date.

31  

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    Florida Senate - 2003                                  SB 1752
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 215.617, Florida Statutes, is

 4  created to read:

 5         215.617  Bonds for state-funded infrastructure bank.--

 6         (1)  Upon the request of the Department of

 7  Transportation, the Division of Bond Finance is authorized

 8  pursuant to s. 11, Art. VII of the State Constitution and the

 9  State Bond Act to issue revenue bonds, for and on behalf of

10  the Department of Transportation, for the purpose of financing

11  or refinancing the construction, reconstruction, and

12  improvement of projects that are eligible to receive

13  assistance from the state-funded infrastructure bank as

14  provided in s. 339.55. The facilities to be financed with the

15  proceeds of such bonds are designated as state fixed capital

16  outlay projects for the purposes of s. 11(d), Art. VII of the

17  State Constitution, and the specific facilities to be financed

18  shall be determined by the Department of Transportation in

19  accordance with s. 339.55. Each project to be financed with

20  the proceeds of the bonds issued pursuant to this section is

21  hereby approved as required by s. 11(f), Art. VII of the State

22  Constitution. The Division of Bond Finance is authorized to

23  consider innovative financing techniques, which may include,

24  but are not limited to, innovative bidding and structures of

25  potential financings that may result in negotiated

26  transactions.

27         (2)  Bonds issued pursuant to this section shall be

28  payable primarily from a prior and superior claim on all

29  state-funded infrastructure bank repayments received each year

30  with respect to state-funded infrastructure bank projects

31  undertaken in accordance with s. 339.55.

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    Florida Senate - 2003                                  SB 1752
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 1         (3)  The duration of each series of bonds may not

 2  exceed 30 annual maturities.

 3         (4)  The bonds issued under this section shall not

 4  constitute a general obligation or debt of the state or a

 5  pledge of the full faith and credit or taxing power of the

 6  state. The bonds shall be secured by and are payable from the

 7  revenues pledged in accordance with this section and the

 8  resolution authorizing their issuance.

 9         (5)  The state does covenant with the holders of bonds

10  issued under this section that it will not take any action

11  that will materially and adversely affect the rights of such

12  bondholders as long as the bonds authorized by this section

13  are outstanding.

14         (6)  Any complaint for validation of bonds issued

15  pursuant to this section shall be filed in the circuit court

16  of the county where the seat of state government is situated,

17  the notice required to be published by s. 75.06 shall be

18  published only in the county where the complaint is filed, and

19  the complaint and order of the circuit court shall be served

20  only on the state attorney of the circuit in which the action

21  is pending.

22         Section 2.  Section 334.30, Florida Statutes, is

23  amended to read:

24         334.30  Private transportation facilities.--The

25  Legislature hereby finds and declares that there is a public

26  need for rapid construction of safe and efficient

27  transportation facilities for the purpose of travel within the

28  state, and that it is in the public's interest to provide for

29  public-private partnership agreements to effectuate the

30  construction of additional safe, convenient, and economical

31  transportation facilities.

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    Florida Senate - 2003                                  SB 1752
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 1         (1)  The department may receive or solicit proposals

 2  and, with legislative approval by a separate bill for each

 3  facility, enter into agreements with private entities, or

 4  consortia thereof, for the building, operation, ownership, or

 5  financing of transportation facilities.  The department may

 6  adopt rules to administer this section and shall by rule

 7  establish an application fee for the submission of proposals

 8  under this section.  The fee must be sufficient to pay the

 9  costs of evaluating the proposals.  The department may engage

10  the services of private consultants to assist in the

11  evaluation. Before seeking legislative approval, The

12  department must determine that the proposed project:

13         (a)  Is in the public's best interest;

14         (b)  Would not require state funds to be used unless

15  there is an overriding state interest; and

16         (c)  Would have adequate safeguards in place to ensure

17  that no additional costs or service disruptions would be

18  realized by the traveling public and citizens of the state in

19  the event of default or cancellation of the agreement by the

20  department.

21  

22  The department shall ensure that all reasonable costs to the

23  state related to transportation facilities that are not part

24  of the State Highway System are borne by the public-private

25  entity. The department shall also ensure that all reasonable

26  costs to the state and substantially affected local

27  governments and utilities, related to the private

28  transportation facility, are borne by the public-private

29  private entity for transportation facilities which are owned

30  by private entities.

31  

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 1         (2)(a)  Public-private partnerships or private entities

 2  may advance projects programmed in the first 3 years of the

 3  adopted work program to be reimbursed from department funds

 4  for the project as programmed in the adopted work program.

 5         (b)  Public-private partnerships or private entities

 6  may advance projects programmed in the 4th and 5th years of

 7  the adopted work program to be reimbursed from department

 8  funds for the project as programmed in the adopted work

 9  program. The total capital costs for all projects advanced

10  under this paragraph may not exceed $50 million without

11  specific project approval by the Legislature.

12         (c)  Public-private partnerships or private entities

13  may advance projects on the Florida Intrastate Highway System

14  programmed in the adopted 5-year work program to be reimbursed

15  from department funds for the project as programmed in the

16  adopted work program.

17         (d)  Public-private partnerships or private entities

18  may advance projects that are not programmed in the adopted

19  5-year work program but are on the State Highway System and

20  included in the local metropolitan planning organization's or

21  the department's long-range transportation plans, to be

22  reimbursed from department funds beyond the adopted 5-year

23  work program. The total capital costs for all projects

24  advanced under this paragraph may not exceed $50 million

25  without specific project approval by the Legislature.

26         (3)  The department may request proposals from

27  public-private transportation projects or, if the department

28  receives an unsolicited proposal, the department shall publish

29  a notice in the Florida Administrative Weekly and a newspaper

30  of general circulation at least once a week for 2 weeks

31  stating that the department has received the proposal and will

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    Florida Senate - 2003                                  SB 1752
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 1  accept, for 60 days after the initial date of publication,

 2  other proposals for the same project purpose. A copy of the

 3  notice must be mailed to each local government in the affected

 4  area. After the public notification period has expired, the

 5  department shall rank the proposals in order of preference. In

 6  ranking the proposals the department may consider the

 7  following factors, including, but not limited to, professional

 8  qualification, general business terms, innovative engineering

 9  or cost-reduction terms, finance plans, and the need for state

10  funds to deliver the proposal. The department shall negotiate

11  with the top-ranked proposer in good faith, and if the

12  department is not satisfied with the results of the

13  negotiations, the department may, at its sole discretion,

14  terminate negotiations with the proposer. If these

15  negotiations are unsuccessful, the department may go to the

16  second and lower-ranked firms, in order, using this same

17  procedure. If only one proposal is received, the department

18  may negotiate in good faith, and, if the department is not

19  satisfied with the results of the negotiations, the department

20  may, at its sole discretion, terminate negotiations with the

21  proposers. Notwithstanding this subsection, the department

22  may, at its discretion, reject all proposals at any point in

23  the process up to completion of a contract with the proposer.

24         (4)(2)  Agreements entered into pursuant to this

25  section may authorize the private entity to impose tolls or

26  fares for the use of the facility.  However, the amount and

27  use of toll or fare revenues may be regulated by the

28  department to avoid unreasonable costs to users of the

29  facility.

30         (5)(3)  Each private transportation facility

31  constructed pursuant to this section shall comply with all

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    Florida Senate - 2003                                  SB 1752
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 1  requirements of federal, state, and local laws; state,

 2  regional, and local comprehensive plans; department rules,

 3  policies, procedures, and standards for transportation

 4  facilities; and any other conditions which the department

 5  determines to be in the public's best interest.

 6         (6)(4)  The department may exercise any power possessed

 7  by it, including eminent domain, with respect to the

 8  development and construction of state transportation projects

 9  to facilitate the development and construction of

10  transportation projects pursuant to this section.  The

11  department may provide services to the private entity.

12  Agreements for maintenance, law enforcement, and other

13  services entered into pursuant to this section shall provide

14  for full reimbursement for services rendered.

15         (7)(5)  Except as herein provided, the provisions of

16  this section are not intended to amend existing laws by

17  granting additional powers to, or further restricting, local

18  governmental entities from regulating and entering into

19  cooperative arrangements with the private sector for the

20  planning, construction, and operation of transportation

21  facilities.

22         (8)(6)  A fixed-guideway transportation system

23  authorized by the department to be wholly or partially within

24  the department's right-of-way pursuant to a lease granted

25  under s. 337.251 may operate at any safe speed.

26         Section 3.  Subsection (3) of section 338.165, Florida

27  Statutes, is amended to read:

28         338.165  Continuation of tolls.--

29         (3)  Notwithstanding any other law to the contrary,

30  pursuant to s. 11, Art. VII of the State Constitution, and

31  subject to the requirements of subsection (2), the Department

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    Florida Senate - 2003                                  SB 1752
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 1  of Transportation may request the Division of Bond Finance to

 2  issue bonds secured by toll revenues collected on the

 3  Alligator Alley, the Sunshine Skyway Bridge, the Beeline-East

 4  Expressway, and the Pinellas Bayway to fund transportation

 5  projects located within the county or counties in which the

 6  project is located and contained in the 1993-1994 Adopted Work

 7  Program or in any subsequent adopted work program of the

 8  department.

 9         Section 4.  Subsection (1) of section 338.2275, Florida

10  Statutes, is amended to read:

11         338.2275  Approved turnpike projects.--

12         (1)  Legislative approval of the department's tentative

13  work program that contains the turnpike project constitutes

14  approval to issue bonds as required by s. 11(f), Art. VII of

15  the State Constitution. Turnpike projects approved to be

16  included in future tentative work programs include, but are

17  not limited to, projects contained in the 2003-2004 1997-1998

18  tentative work program and potential expansion projects listed

19  in the January 25, 1997, report submitted to the Florida

20  Transportation Commission titled "Florida's Turnpike Building

21  on the Past - Preparing for the Future." A maximum of $4.5 $3

22  billion of bonds may be issued to fund approved turnpike

23  projects.

24         Section 5.  Subsection (2) of section 338.235, Florida

25  Statutes, is amended to read:

26         338.235  Contracts with department for provision of

27  services on the turnpike system.--

28         (2)  In order to secure high-quality products, business

29  opportunities, and services on the turnpike system, products,

30  business opportunities, and services authorized by s. 338.234

31  may be secured by competitive solicitation for turnpike

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 1  patrons, products and services authorized by s. 338.234(1) may

 2  be secured through the request-for-proposal process. If the

 3  department receives an unsolicited proposal for products,

 4  services, or business opportunities which it wishes to

 5  consider, it shall publish a notice in a newspaper of general

 6  circulation at least once a week for 2 weeks, or may broadcast

 7  such notice by electronic media for 2 weeks, stating that it

 8  has received a proposal and will accept other proposals on the

 9  same subject for 30 days after the date of publication. The

10  department may select offers that the proposal and fee which

11  best satisfy the conditions of a quality service, business

12  opportunity, or and product operation for the turnpike system.

13  The factors to be used in evaluating proposals include, but

14  are not limited to:

15         (a)  The financial capacity of the provider;

16         (b)  The willingness to contribute toward the cost of

17  facility construction;

18         (c)  The type and quality of the service or product

19  offered;

20         (d)  The price structure of the service or product

21  offered;

22         (e)  Management experience and capabilities;

23         (f)  The national brand names offered;

24         (g)  The originality of the concept and its

25  relationship to the turnpike system;

26         (h)  The lease rate; and

27         (i)  Other factors that the department may deem

28  pertinent.

29         Section 6.  This act shall take effect upon becoming a

30  law.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Authorizes the Department of Transportation to issue
      revenue bonds to finance the construction,
 4    reconstruction, and improvement of projects eligible for
      assistance from the state-funded infrastructure bank.
 5    Authorizes certain public-private partnership agreements
      and provides rulemaking authority for the department with
 6    respect to such agreements. Authorizes revenue bonds
      secured by tolls collected on the Sunshine Skyway Bridge,
 7    the Beeline-East Expressway, and the Pinellas Bayway to
      fund highway projects. Increases the maximum amount of
 8    bonds that may be issued to fund turnpike projects. (See
      bill for details.)
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