SENATE AMENDMENT
    Bill No. CS for CS for SB 2658
    Amendment No. ___   Barcode 405680
                            CHAMBER ACTION
              Senate                               House
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       05/02/2003 12:20 PM         .                    
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 78, between lines 17 and 18,
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16  insert:  
17         Section 35.  Section 334.30, Florida Statutes, is
18  amended to read:
19         334.30  Private transportation facilities.--The
20  Legislature hereby finds and declares that there is a public
21  need for rapid construction of safe and efficient
22  transportation facilities for the purpose of travel within the
23  state, and that it is in the public's interest to provide for
24  public-private partnership agreements to effectuate the
25  construction of additional safe, convenient, and economical
26  transportation facilities.
27         (1)  The department may receive or solicit proposals
28  and, with legislative approval by a separate bill for each
29  facility, enter into agreements with private entities, or
30  consortia thereof, for the building, operation, ownership, or
31  financing of transportation facilities as provided in
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    6:00 PM   04/29/03                               s2658.tr16.4a

SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 405680 1 subsection (2). The department may adopt rules to implement 2 this section and shall by rule establish an application fee 3 for the submission of proposals under this section. The fee 4 must be sufficient to pay the costs of evaluating the 5 proposals. The department may engage the services of private 6 consultants to assist in the evaluation. Before seeking 7 legislative approval, The department must determine that the 8 proposed project: 9 (a) Is in the public's best interest.; 10 (b) Complies with the provisions of subsection (2). 11 Would not require state funds to be used unless there is an 12 overriding state interest; and 13 (c) Would have adequate safeguards in place to ensure 14 that no additional costs or service disruptions would be 15 realized by the traveling public and citizens of the state in 16 the event of default or cancellation of the agreement by the 17 department. 18 19 The department shall ensure that all reasonable costs to the 20 state related to transportation facilities that are not part 21 of the State Highway System are borne by the public-private 22 entity. The department shall also ensure that all reasonable 23 costs to the state and substantially affected local 24 governments and utilities, related to the private 25 transportation facility, are borne by the public-private 26 private entity for transportation facilities that are owned by 27 private entities. 28 (2)(a) Public-private partnerships or private entities 29 may advance projects programmed in the first 3 years of the 30 adopted work program to be reimbursed from department funds 31 for the project as programmed in the adopted work program. 2 6:00 PM 04/29/03 s2658.tr16.4a
SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 405680 1 (b) Public-private partnerships or private entities 2 may advance projects programmed in the 4th and 5th years of 3 the adopted work program to be reimbursed from department 4 funds for the project as programmed in the adopted work 5 program. The total capital costs to the department for all 6 projects advanced under this paragraph may not exceed $50 7 million without specific project approval by the Legislature. 8 (c) Public-private partnerships or private entities 9 may advance projects on the Florida Intrastate Highway System 10 programmed in the adopted 5-year work program to be reimbursed 11 from department funds for the project as programmed in the 12 adopted work program. 13 (d) Public-private partnerships or private entities 14 may advance projects that are not programmed in the adopted 15 5-year work program but are on the State Highway System and 16 included in the local metropolitan planning organization's or 17 the department's long-range transportation plans, to be 18 reimbursed from department funds beyond the adopted 5-year 19 work program. The total capital costs to the department for 20 all projects advanced under this paragraph may not exceed $50 21 million without specific project approval by the Legislature. 22 (3) The department may request proposals from 23 public-private transportation projects or, if the department 24 receives an unsolicited proposal, the department shall publish 25 a notice in the Florida Administrative Weekly and a newspaper 26 of general circulation at least once a week for 2 weeks 27 stating that the department has received the proposal and will 28 accept, for 60 days after the initial date of publication, 29 other proposals for the same project purpose. A copy of the 30 notice must be mailed to each local government in the affected 31 area. After the public notification period has expired, the 3 6:00 PM 04/29/03 s2658.tr16.4a
SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 405680 1 department shall rank the proposals in order of preference. In 2 ranking the proposals the department may consider the 3 following factors, including, but not limited to, professional 4 qualification, general business terms, innovative engineering 5 or cost-reduction terms, finance plans, and the need for state 6 funds to deliver the proposal. The department shall negotiate 7 with the top-ranked proposer in good faith, and if the 8 department is not satisfied with the results of the 9 negotiations, the department may, at its sole discretion, 10 terminate negotiations with the proposer. If these 11 negotiations are unsuccessful, the department may go to the 12 second and lower-ranked firms, in order, using this same 13 procedure. If only one proposal is received, the department 14 may negotiate in good faith, and, if the department is not 15 satisfied with the results of the negotiations, the department 16 may, at its sole discretion, terminate negotiations with the 17 proposers. Notwithstanding this subsection, the department 18 may, at its discretion, reject all proposals at any point in 19 the process up to completion of a contract with the proposer. 20 (4)(2) Agreements entered into pursuant to this 21 section may authorize the private entity to impose tolls or 22 fares for the use of the facility. However, the amount and 23 use of toll or fare revenues may be regulated by the 24 department to avoid unreasonable costs to users of the 25 facility. 26 (5)(3) Each private transportation facility 27 constructed pursuant to this section shall comply with all 28 requirements of federal, state, and local laws; state, 29 regional, and local comprehensive plans; department rules, 30 policies, procedures, and standards for transportation 31 facilities; and any other conditions which the department 4 6:00 PM 04/29/03 s2658.tr16.4a
SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 405680 1 determines to be in the public's best interest. 2 (6)(4) The department may exercise any power possessed 3 by it, including eminent domain, with respect to the 4 development and construction of state transportation projects 5 to facilitate the development and construction of 6 transportation projects pursuant to this section. For 7 public-private facilities located on the State Highway System, 8 the department may pay all or part of the cost of operating 9 and maintaining the facility. For facilities not located on 10 the State Highway System, the The department may provide 11 services to the private entity and. agreements for 12 maintenance, law enforcement, and other services entered into 13 pursuant to this section shall provide for full reimbursement 14 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) Expressway authorities created under ch. 348 may 23 enter into public-private partnerships only as provided in 24 this section. 25 (9)(6) Notwithstanding s. 341.327, a fixed-guideway 26 transportation system authorized by the department to be 27 wholly or partially within the department's right-of-way 28 pursuant to a lease granted under s. 337.251 may operate at 29 any safe speed. 30 31 (Redesignate subsequent sections.) 5 6:00 PM 04/29/03 s2658.tr16.4a
SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 405680 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 4, line 23, after the first semicolon 4 5 insert: 6 amending s. 334.30, F.S.; providing for 7 public-private partnership agreements for 8 transportation facilities without prior 9 legislative approval; authorizing the 10 department to adopt rules; providing 11 requirements for projects advanced by a 12 public-private partnership or private entity; 13 authorizing the department to request 14 proposals; requiring notice; providing 15 requirements for ranking proposals; extending 16 such authority to expressway authorities; 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 6:00 PM 04/29/03 s2658.tr16.4a