Senate Bill sb1752c1

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    Florida Senate - 2003                           CS for SB 1752

    By the Committee on Transportation; and Senator Sebesta





    306-1985-03

  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.

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




 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                           CS for SB 1752
    306-1985-03




 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                           CS for SB 1752
    306-1985-03




 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 as provided in

 6  subsection (2).  The department may adopt rules to administer

 7  this section and shall by rule establish an application fee

 8  for the submission of proposals under this section.  The fee

 9  must be sufficient to pay the costs of evaluating the

10  proposals.  The department may engage the services of private

11  consultants to assist in the evaluation. Before seeking

12  legislative approval, The department must determine that the

13  proposed project:

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

15         (b)  Complies with the provisions of subsection (2)

16  Would not require state funds to be used unless there is an

17  overriding state interest; and

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

19  that no additional costs or service disruptions would be

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

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

22  department.

23  

24  The department shall ensure that all reasonable costs to the

25  state related to transportation facilities that are not part

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

27  entity. The department shall also ensure that all reasonable

28  costs to the state and substantially affected local

29  governments and utilities, related to the private

30  transportation facility, are borne by the public-private

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




 1  private entity for transportation facilities which are owned

 2  by private entities.

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

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

 5  adopted work program to be reimbursed from department funds

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

 7         (b)  Public-private partnerships or private entities

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

 9  the adopted work program to be reimbursed from department

10  funds for the project as programmed in the adopted work

11  program. The total capital costs to the department for all

12  projects advanced under this paragraph may not exceed $50

13  million without specific project approval by the Legislature.

14         (c)  Public-private partnerships or private entities

15  may advance projects on the Florida Intrastate Highway System

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

17  from department funds for the project as programmed in the

18  adopted work program.

19         (d)  Public-private partnerships or private entities

20  may advance projects that are not programmed in the adopted

21  5-year work program but are on the State Highway System and

22  included in the local metropolitan planning organization's or

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

24  reimbursed from department funds beyond the adopted 5-year

25  work program. The total capital costs to the department for

26  all projects advanced under this paragraph may not exceed $50

27  million without specific project approval by the Legislature.

28         (3)  The department may request proposals from

29  public-private transportation projects or, if the department

30  receives an unsolicited proposal, the department shall publish

31  a notice in the Florida Administrative Weekly and a newspaper

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




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

 2  stating that the department has received the proposal and will

 3  accept, for 60 days after the initial date of publication,

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

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

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

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

 8  ranking the proposals the department may consider the

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

10  qualification, general business terms, innovative engineering

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

12  funds to deliver the proposal. The department shall negotiate

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

14  department is not satisfied with the results of the

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

16  terminate negotiations with the proposer. If these

17  negotiations are unsuccessful, the department may go to the

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

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

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

21  satisfied with the results of the negotiations, the department

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

23  proposers. Notwithstanding this subsection, the department

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

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

26         (4)(2)  Agreements entered into pursuant to this

27  section may authorize the private entity to impose tolls or

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

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

30  department to avoid unreasonable costs to users of the

31  facility.

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




 1         (5)(3)  Each private transportation facility

 2  constructed pursuant to this section shall comply with all

 3  requirements of federal, state, and local laws; state,

 4  regional, and local comprehensive plans; department rules,

 5  policies, procedures, and standards for transportation

 6  facilities; and any other conditions which the department

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

 8         (6)(4)  The department may exercise any power possessed

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

10  development and construction of state transportation projects

11  to facilitate the development and construction of

12  transportation projects pursuant to this section.  The

13  department may provide services to the private entity.

14  Agreements for maintenance, law enforcement, and other

15  services entered into pursuant to this section shall provide

16  for full reimbursement for services rendered.

17         (7)(5)  Except as herein provided, the provisions of

18  this section are not intended to amend existing laws by

19  granting additional powers to, or further restricting, local

20  governmental entities from regulating and entering into

21  cooperative arrangements with the private sector for the

22  planning, construction, and operation of transportation

23  facilities.

24         (8)(6)  A fixed-guideway transportation system

25  authorized by the department to be wholly or partially within

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

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

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

29  Statutes, is amended to read:

30         338.165  Continuation of tolls.--

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




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

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

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

 4  of Transportation may request the Division of Bond Finance to

 5  issue bonds secured by toll revenues collected on the

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

 7  Expressway, and the Pinellas Bayway to fund transportation

 8  projects located within the county or counties in which the

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

10  Program or in any subsequent adopted work program of the

11  department.

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

13  Statutes, is amended to read:

14         338.2275  Approved turnpike projects.--

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

16  work program that contains the turnpike project constitutes

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

18  the State Constitution. Turnpike projects approved to be

19  included in future tentative work programs include, but are

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

21  tentative work program and potential expansion projects listed

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

23  Transportation Commission titled "Florida's Turnpike Building

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

25  billion of bonds may be issued to fund approved turnpike

26  projects.

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

28  Statutes, is amended to read:

29         338.235  Contracts with department for provision of

30  services on the turnpike system.--

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




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

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

 3  business opportunities, and services authorized by s. 338.234

 4  may be secured by competitive solicitation for turnpike

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

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

 7  department receives an unsolicited proposal for products,

 8  services, or business opportunities which it wishes to

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

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

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

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

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

14  department may select offers that the proposal and fee which

15  best satisfy the conditions of a quality service, business

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

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

18  are not limited to:

19         (a)  The financial capacity of the provider;

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

21  facility construction;

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

23  offered;

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

25  offered;

26         (e)  Management experience and capabilities;

27         (f)  The national brand names offered;

28         (g)  The originality of the concept and its

29  relationship to the turnpike system;

30         (h)  The lease rate; and

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    Florida Senate - 2003                           CS for SB 1752
    306-1985-03




 1         (i)  Other factors that the department may deem

 2  pertinent.

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

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1752

 8                                 

 9  The CS clarifies any public-private project must be in the the
    Florida Department of Transportation's (FDOT) 5-year work
10  program or in an MPO long-range plan.

11  The CS also removes the requirement for the demonstration of
    an overriding state interest for state funds to be spent in a
12  public-private partnership, and further ensures any project
    undertaken pursuant to this section must be in FDOT's 5-year
13  work program or in an MPO long-range plan. The CS clarifies
    the total capital costs to FDOT for projects in the 4th and
14  5th years of the work program, and projects in MPO long-range
    plans may not exceed $50 million without specific approval
15  from the Legislature.

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