HB 1313

A bill to be entitled
2An act relating to public-private partnerships; creating
3s. 287.05712, F.S.; establishing the Florida Public-
4Private Partnership Act; providing definitions; providing
5legislative findings and intent; providing for private
6entities to develop and operate public-purpose projects;
7requiring public entities to adopt and make publicly
8available specified guidelines for public-private
9agreements; providing requirements and procedures for
10procurement, consideration, and approval of projects;
11providing an exemption from the Consultant's Competitive
12Negotiation Act and any interpretations, regulations, or
13guidelines of the Department of Management Services;
14providing requirements and procedures for interim and
15comprehensive agreements between private and public
16entities; providing for affected local governments to
17comment on proposed projects; providing powers and duties
18for private entities; providing for material default and
19remedies with respect to projects and agreements;
20providing for federal, state, and local financing;
21providing sovereign immunity for public entities with
22respect to specified project activities; providing for
23construction and effect of the act; establishing the
24Public-Private Partnership Advisory Commission; providing
25commission duties; providing for appointment and
26reimbursement of commission members; requiring the
27commission to submit annual reports to the Governor and
28the Legislature; providing an effective date.
30Be It Enacted by the Legislature of the State of Florida:
32     Section 1.  Section 287.05712, Florida Statutes, is created
33to read:
34     287.05712  Florida Public-Private Partnership Act.-
35     (1)  DEFINITIONS.-As used in this section, the term:
36     (a)  "Affected local jurisdiction" means any county, city,
37or town in which all or a portion of a qualifying project is
39     (b)  "Appropriating body" means the body responsible for
40appropriating or authorizing funding to pay for a qualifying
42     (c)  "Comprehensive agreement" means the comprehensive
43agreement between the private entity and the responsible public
45     (d)  "Develop" or "development" means to plan, design,
46develop, finance, lease, acquire, install, construct, or expand.
47     (e)  "Interim agreement" means an agreement between a
48private entity and a responsible public entity that provides for
49phasing of the development or operation of a qualifying project.
50Such phases may include, but are not limited to, design,
51planning, engineering, environmental analysis and mitigation,
52financial and revenue analysis, or any other phase of the
53project that constitutes activity on any part of the qualifying
55     (f)  "Lease payment" means any form of payment, including a
56land lease, by a public entity to the private entity for the use
57of a qualifying project.
58     (g)  "Material default" means any default by the private
59entity in the performance of its duties that jeopardizes
60adequate service to the public from a qualifying project.
61     (h)  "Operate" means to finance, maintain, improve, equip,
62modify, repair, or operate.
63     (i)  "Private entity" means any natural person,
64corporation, general partnership, limited liability company,
65limited partnership, joint venture, business trust, public
66benefit corporation, nonprofit entity, or other private business
68     (j)  "Proposal" means a detailed proposal accepted by a
69responsible public entity beyond a conceptual level of review
70and at which time issues such as fixing costs, payment
71schedules, financing, deliverables, and project schedule are
73     (k)  "Public entity" means the state and any agency or
74authority thereof; any county, city, or town and any other
75political subdivision of the state; any public body politic and
76corporate; or any regional entity that serves a public purpose.
77     (l)  "Qualifying project" means any:
78     1.  Public-purpose facility or project, including, but not
79limited to, a public school building and any functionally
80related and subordinate facility, including any stadium or other
81facility primarily used for school events.
82     2.  Building or facility that meets a public purpose and is
83developed or operated by or for any public entity.
84     3.  Improvements, including equipment, of buildings to be
85principally used by a public entity.
86     4.  Water or wastewater management facility and other
87related infrastructure.
88     (m)  "Responsible public entity" means an agency or
89institution of the state that has the authority to develop or
90operate a qualifying project.
91     (n)  "Revenues" means all revenues, income, earnings, user
92fees, lease payments, or other service payments relating to the
93development or operation of a qualifying project, including, but
94not limited to, money received as grants or otherwise from the
95Federal Government, from any public entity, or from any agency
96or instrumentality of the foregoing in aid of a qualifying
98     (o)  "Service contract" means a contract entered into
99between a public entity and the private entity.
100     (p)  "Service payments" means payments to the private
101entity of a qualifying project pursuant to a service contract.
102     (q)  "User fees" means the rates, tolls, fees, or other
103charges imposed by the private entity of a qualifying project
104for use of all or a portion of such qualifying project pursuant
105to a comprehensive agreement.
106     (r)  "Water or wastewater management facility" means a
107project for treatment, storage, disposal, or distribution of
108water or wastewater.
110     (a)  The Legislature finds that:
111     1.  There is a public need for timely and cost-effective
112acquisition, design, construction, improvement, renovation,
113expansion, equipping, maintenance, operation, implementation, or
114installation of public projects, including educational
115facilities, water or wastewater management facilities and
116infrastructure, technology infrastructure, and any other public
117infrastructure and government facilities within the state that
118serve a public need and purpose, and that such public need may
119not be wholly satisfied by existing methods of procurement.
120     2.  There are inadequate resources to develop new
121educational facilities, water or wastewater management
122facilities and infrastructure, technology infrastructure and
123other public infrastructure and government facilities for the
124benefit of citizens of the state, and it has been demonstrated
125that public-private partnerships can meet these needs by
126improving the schedule for delivery, lowering the cost, and
127providing other benefits to the public.
128     3.  There are state and federal tax incentives that promote
129partnerships between public and private entities to operate and
130develop qualifying projects.
131     4.  An action under subsection (4) serves the public
132purpose of this section if such action facilitates the timely
133development or operation of qualifying projects.
134     (b)  The Legislature declares it is the intent of this
135section to encourage investment in the state by private
136entities, to facilitate various bond financing mechanisms,
137private capital, and other funding sources for the development
138and operation of qualifying projects, including expansion and
139acceleration of such financing to meet the public need, and to
140provide the greatest possible flexibility to public and private
141entities to contract for the provision of public services.
144     (a)  A responsible public entity shall, before requesting
145or considering a proposal for a qualifying project, adopt and
146make publicly available guidelines that are sufficient to enable
147the responsible public entity to comply with this section. Such
148guidelines shall be reasonable, encourage competition, and guide
149the selection of projects under the purview of the responsible
150public entity.
151     (b)  For a responsible public entity that is an agency or
152institution of the state, the guidelines shall include, but are
153not limited to:
154     1.  Opportunities for competition through public notice and
155availability of representatives of the responsible public entity
156to meet with private entities considering a proposal.
157     2.  Reasonable criteria for choosing among competing
159     3.  Suggested timelines for selecting proposals and
160negotiating an interim or comprehensive agreement.
161     4.  Authorization for accelerated selection and review and
162documentation timelines for proposals involving a qualifying
163project that the responsible public entity deems a priority.
164     5.  Financial review and analysis procedures that shall
165include, at a minimum, a cost-benefit analysis, an assessment of
166opportunity cost, and consideration of the results of all
167studies and analyses related to the proposed qualifying project.
168These procedures shall also include requirements for the
169disclosure of such analysis to the appropriating body for review
170prior to execution of an interim or comprehensive agreement.
171     6.  Consideration of the nonfinancial benefits of a
172proposed qualifying project.
173     7.  A mechanism for the appropriating body to review a
174proposed interim or comprehensive agreement prior to execution.
175     8.  Establishment of criteria for the creation of and the
176responsibilities of a public-private partnership oversight
177committee with members representing the responsible public
178entity and the appropriating body. Such criteria shall include
179the scope, costs, and duration of the qualifying project, as
180well as whether the project involves or impacts multiple public
181entities. The oversight committee, if formed, shall be an
182advisory committee to review the terms of any proposed interim
183or comprehensive agreement.
184     9.  Analysis of the adequacy of the information released
185when seeking competing proposals and providing for the
186enhancement of that information, if deemed necessary, to
187encourage competition.
188     10.  Establishment of criteria, key decision points, and
189approvals required to ensure that the responsible public entity
190considers the extent of competition before selecting proposals
191and negotiating an interim or comprehensive agreement.
192     11.  The posting and publishing of public notice of a
193private entity's request for approval of a qualifying project,
195     a.  Specific information and documentation to be released
196regarding the nature, timing, and scope of the qualifying
198     b.  A reasonable time period as determined by the
199responsible public entity to encourage competition and public-
200private partnerships in accordance with the goals of this
201section, such reasonable period to be at least 45 days, during
202which time the responsible public entity shall receive competing
204     c.  A requirement for advertising the public notice and
205posting a notice on the Internet.
206     (c)  For a responsible public entity that is not an agency
207or institution of the state, the guidelines may include the
208provisions set forth in this subsection at the discretion of the
209public entity. However, the guidelines shall include:
210     1.  A requirement that the responsible public entity engage
211the services of qualified professionals, which may include an
212architect, professional engineer, or certified public
213accountant, not otherwise employed by the responsible public
214entity, to provide an independent analysis regarding the
215specifics, advantages, disadvantages, and the long and short-
216term costs of any request by a private entity for approval of a
217qualifying project unless the governing body of the responsible
218public entity determines that such analysis shall be performed
219by employees of the responsible public entity.
220     2.  A mechanism for the appropriating body to review a
221proposed interim or comprehensive agreement prior to execution.
223ENTITIES.-The Consultant's Competitive Negotiation Act under s.
224287.055 and any interpretations, regulations, or guidelines of
225the Department of Management Services do not apply to this
226section. However, a responsible public entity may enter into an
227interim or comprehensive agreement as follows:
228     (a)  A responsible public entity shall not be required to
229select the proposal with the lowest bid offer, but may consider
230price as one factor in evaluating the proposals received. Other
231factors that may be considered include:
232     1.  The proposed costs of the qualifying facility.
233     2.  The general reputation, industry experience, and
234financial capacity of the private entity.
235     3.  The proposed design of the qualifying project.
236     4.  The eligibility of the facility for accelerated
237selection, review, and documentation timelines under the
238responsible public entity's compliance with a minority business
239enterprise participation plan or good faith effort to comply
240with the goals of such plan.
241     5.  The private entity's plans to employ local contractors
242and residents.
243     6.  Other criteria that the responsible public entity deems
245     (b)  A responsible public entity shall proceed in
246accordance with the guidelines adopted under subsection (3)
247unless it determines that proceeding in accordance with the
248guidelines is likely to be advantageous to the responsible
249public entity and the public, based on:
250     1.  The probable scope, complexity, or priority of the
252     2.  Risk sharing, including guaranteed cost or completion
253guarantees, added value or debt, or equity investments proposed
254by the private entity.
255     3.  An increase in funding, dedicated revenue source, or
256other economic benefit that would not otherwise be available.
258When the responsible public entity determines to proceed
259according to the guidelines adopted by it pursuant to subsection
260(3), it shall state the reasons for its determination in
262     (c)  A responsible public entity shall not proceed to
263consider any request by a private entity for approval of a
264qualifying project until the responsible public entity has
265adopted and made publicly available guidelines that are
266sufficient to enable the responsible public entity to comply
267with this section.
268     (d)  A responsible public entity that is a school board or
269a county, city, or town may enter into an interim or
270comprehensive agreement under this section only with the
271approval of the local governing body.
273     (a)  A responsible public entity may request proposals or
274invite bids from private entities for the development or
275operation of qualifying projects pursuant to the public notice
276and procurement provisions of this section. A private entity may
277request the approval of the responsible public entity for a
278qualifying project.
279     (b)  A request by a private entity for approval of a
280qualifying project shall be accompanied by the following
281material and information unless waived by the responsible public
283     1.  A topographic map with a scale of 1:2,000 or other
284appropriate scale indicating the location of the qualifying
286     2.  A description of the qualifying project, including the
287conceptual design of such facility or facilities or a conceptual
288plan for the provision of services, and a schedule for the
289initiation of and completion of the qualifying project to
290include the proposed major responsibilities and timeline for
291activities to be performed by both the public and private
293     3.  A statement setting forth the method by which the
294private entity proposes to secure any necessary property
295interests required for the qualifying project.
296     4.  Information relating to the current plans for
297development of facilities or technology infrastructure to be
298used by a public entity that is similar to the qualifying
299project being proposed by the private entity, if any, of each
300affected local jurisdiction.
301     5.  A list of all permits and approvals required for the
302qualifying project from local, state, or federal agencies and a
303projected schedule for obtaining such permits and approvals.
304     6.  A list of public water or wastewater management
305facilities, if any, that will be crossed by the qualifying
306project and a statement of the plans of the private entity to
307accommodate such crossings.
308     7.  A statement setting forth the private entity's general
309plans for financing the qualifying project, including the
310sources of the private entity's funds and identification of any
311dedicated revenue source or proposed debt or equity investment
312on the behalf of the private entity.
313     8.  The names and addresses of the persons who may be
314contacted for further information concerning the request.
315     9.  User fees, lease payments, and other service payment
316over the term of an interim or comprehensive agreement and the
317methodology and circumstances for changes to such user fees,
318lease payments, and other service payments over time.
319     10.  Additional material and information as the responsible
320public entity may reasonably request.
321     (c)  Upon receipt of a proposal to develop or operate a
322qualifying project, the responsible public entity shall
323determine whether to accept the proposal for consideration. The
324responsible public entity may reject any proposal initiated by a
325private entity at any time. If the responsible public entity
326determines not to accept the proposal for consideration, the
327responsible public entity shall return the proposal to the
328private entity, including all fees and accompanying
330     (d)  The responsible public entity may approve the
331development or operation of an education facility, a water or
332wastewater management facility and related infrastructure,
333technology infrastructure or other public infrastructure, or a
334government facility needed by a public entity as a qualifying
335project, or the design or equipping of a qualifying project so
336developed or operated, if:
337     1.  There is a public need for or benefit derived from a
338project of the type the private entity proposes as a qualifying
340     2.  The estimated cost of the qualifying project is
341reasonable in relation to similar facilities.
342     3.  The private entity's plans will result in the timely
343acquisition, design, construction, improvement, renovation,
344expansion, equipping, maintenance, or operation of the
345qualifying project.
346     (e)  In evaluating any request, the responsible public
347entity may rely upon internal staff reports prepared by
348personnel familiar with the operation of similar facilities or
349the advice of external advisors or consultants having relevant
351     (f)  The responsible public entity may charge a reasonable
352fee to cover the costs of processing, reviewing, and evaluating
353the request, including, but not limited to, reasonable
354attorney's fees and fees for financial, technical, and other
355necessary advisors or consultants.
356     (g)  Upon approval of a qualifying project, the responsible
357public entity shall establish a date for the commencement of
358activities related to the qualifying project. The responsible
359public entity may extend such date.
360     (h)  Approval of a qualifying project by the responsible
361public entity is subject to entering into a comprehensive
362agreement with the private entity.
363     (6)  INTERIM AGREEMENT.-Before or in connection with the
364negotiation of a comprehensive agreement, the responsible public
365entity may enter into an interim agreement with the private
366entity proposing the development or operation of the qualifying
367project. The interim agreement may:
368     (a)  Permit the private entity to commence activities for
369which it may be compensated related to the proposed qualifying
370project, including, but not limited to, project planning and
371development, design and engineering, environmental analysis and
372mitigation, survey, and ascertaining the availability of
373financing for the proposed facility or facilities.
374     (b)  Establish the process and timing of the negotiation of
375the comprehensive agreement.
376     (c)  Contain any other provisions related to any aspect of
377the development or operation of a qualifying project that the
378responsible public entity and the private entity deem
381     (a)  Before developing or operating the qualifying project,
382the private entity shall enter into a comprehensive agreement
383with the responsible public entity. The comprehensive agreement
384shall provide for:
385     1.  Delivery of maintenance, performance, and payment bonds
386and letters of credit in connection with the development or
387operation of the qualifying project, in the forms and amounts
388satisfactory to the responsible public entity for those
389components of the qualifying project that involve construction.
390     2.  Review of plans and specifications for the qualifying
391project by the responsible public entity and approval by the
392responsible public entity if the plans and specifications
393conform to standards acceptable to the responsible public
394entity. This subparagraph does not require the private entity to
395complete the design of a qualifying project prior to the
396execution of a comprehensive agreement.
397     3.  Inspection of the qualifying project by the responsible
398public entity to ensure that the operator's activities are
399acceptable to the responsible public entity in accordance with
400the provisions of the comprehensive agreement.
401     4.  Maintenance of a policy or policies of public liability
402insurance, copies of which shall be filed with the responsible
403public entity accompanied by proofs of coverage, and self-
404insurance, each in the form and amount satisfactory to the
405responsible public entity and reasonably sufficient to insure
406coverage of tort liability to the public and employees and to
407enable the continued operation of the qualifying project.
408     5.  Monitoring the practices of the private entity by the
409responsible public entity to ensure that the qualifying project
410is properly maintained.
411     6.  Reimbursement to be paid to the responsible public
412entity for services provided by the responsible public entity.
413     7.  Filing of appropriate financial statements on a
414periodic basis.
415     8.  Policies and procedures governing the rights and
416responsibilities of the responsible public entity and the
417private entity in the event the comprehensive agreement is
418terminated or there is a material default by the private entity.
419Such policies and guidelines shall include conditions governing
420assumption of the duties and responsibilities of the private
421entity by the responsible public entity and the transfer or
422purchase of property or other interests of the private entity by
423the responsible public entity.
424     9.  User fees, lease payments, or service payments as may
425be established by agreement of the parties. A copy of any
426service contract shall be filed with the responsible public
427entity. In negotiating user fees under this subsection, the
428parties shall establish payments or fees that are the same for
429persons using the facility under like conditions and that will
430not materially discourage use of the qualifying project. The
431execution of the comprehensive agreement or any amendment
432thereto shall constitute conclusive evidence that the user fees,
433lease payments, or service payments provided for comply with
434this section. User fees or lease payments established in the
435comprehensive agreement as a source of revenues may be in
436addition to, or in lieu of, service payments.
437     10.  Duties of the private entity, including terms and
438conditions that the responsible public entity determines serve
439the public purpose of this section.
440     (b)  The comprehensive agreement may include:
441     1.  An agreement by the responsible public entity to make
442grants or loans to the private entity from amounts received from
443the federal, state, or local government or any agency or
444instrumentality thereof.
445     2.  Provisions under which the responsible public entity
446agrees to provide notice of default and cure rights for the
447benefit of the private entity and the persons specified therein
448as providing financing for the qualifying project, including
449terms and conditions to which the private entity and the
450responsible public entity mutually agree, including but limited
451to, provisions regarding unavoidable delays or a loan of public
452funds to the private entity to develop or operate one or more
453qualifying projects.
454     3.  Provisions where the authority and duties of the
455private entity under this section shall cease, and the
456qualifying project is dedicated to the responsible public entity
457or, if the qualifying project was initially dedicated by an
458affected local jurisdiction, to such affected local jurisdiction
459for public use.
460     (c)  Any changes in the terms of the comprehensive
461agreement, as agreed upon by the responsible public entity and
462the private entity, shall be added to the comprehensive
463agreement by written amendment.
464     (d)  The comprehensive agreement may provide for the
465development or operation of phases or segments of the qualifying
468     (a)  Any private entity requesting approval from, or
469submitting a proposal to, a responsible public entity shall
470notify each affected local jurisdiction by furnishing a copy of
471its request or proposal to each affected local jurisdiction.
472     (b)  Each affected local jurisdiction that is not a
473responsible public entity for the respective qualifying project
474shall, within 60 days after receiving such notice, submit any
475comments it may have in writing on the proposed qualifying
476project to the responsible public entity and indicate whether
477the facility is compatible with the local comprehensive plan,
478local infrastructure development plans, the capital improvements
479budget, or other government spending plan. Such comments shall
480be given consideration by the responsible public entity before
481entering a comprehensive agreement with a private entity.
483     (a)  The private entity has all power allowed by law
484generally to a private entity having the same form of
485organization as the private entity and shall have the power to
486develop or operate the qualifying project and collect lease
487payments, impose user fees, or enter into service contracts in
488connection with use thereof.
489     (b)  The private entity may own, lease, or acquire any
490other right to use or operate the qualifying project.
491     (c)  Any financing of the qualifying project may be in such
492amounts and upon such terms and conditions as may be determined
493by the private entity. Without limiting the generality of the
494foregoing, the private entity may issue debt, equity, or other
495securities or obligations; enter into sale and leaseback
496transactions; and secure any financing with a pledge of,
497security interest in, or lien on any or all of its property,
498including all of its property interests in the qualifying
500     (d)  In operating the qualifying project, the private
501entity may make classifications according to reasonable
502categories for assessment of user fees and, with the consent of
503the responsible public entity, make and enforce reasonable rules
504to the same extent that the responsible public entity may make
505and enforce rules with respect to similar facilities.
506     (e)  The private entity shall:
507     1.  Develop or operate the qualifying project in a manner
508that is acceptable to the responsible public entity, all in
509accordance with the provisions of an interim or comprehensive
511     2.  Maintain, or provide by contract for the maintenance or
512upgrade of the qualifying project, if required by an interim or
513comprehensive agreement.
514     3.  Cooperate with the responsible public entity in making
515best efforts to establish any interconnection with the
516qualifying project requested by the responsible public entity.
517     4.  Comply with the provisions of an interim or
518comprehensive agreement and any lease or service contract.
519     (f)  A private entity of a qualifying project is not
520prohibited from providing additional services for the qualifying
521project to public or private entities other than the responsible
522public entity so long as the provision of additional service
523does not impair the private entity's ability to meet its
524commitments to the responsible public entity pursuant to an
525interim or comprehensive agreement.
527     (a)  In the event of a material default by the private
528entity, the responsible public entity may elect to assume the
529responsibilities and duties of the private entity of the
530qualifying project, and in such case, it shall succeed to all of
531the right, title, and interest in such qualifying project,
532subject to any liens on revenues previously granted by the
533private entity to any person providing financing thereof.
534     (b)  Any responsible public entity having the power of
535condemnation under state law may exercise such power of
536condemnation to acquire the qualifying project in the event of a
537material default by the private entity. Any person who has
538provided financing for the qualifying project, and the private
539entity, to the extent of its capital investment, may participate
540in the condemnation proceedings with the standing of a property
542     (c)  The responsible public entity may terminate, with
543cause, an interim or comprehensive agreement and exercise any
544other rights and remedies that may be available to it at law or
545in equity.
546     (d)  The responsible public entity may make or cause to be
547made any appropriate claims under the maintenance, performance,
548or payment bonds, or lines of credit.
549     (e)  In the event the responsible public entity elects to
550take over a qualifying project, the responsible public entity
551may develop or operate the qualifying project, impose user fees,
552impose and collect lease payments for the use thereof and comply
553with any service contracts as if it were the private entity. Any
554revenues that are subject to a lien shall be collected for the
555benefit of and paid to secured parties, as their interests may
556appear, to the extent necessary to satisfy the private entity's
557obligations to secured parties, including the maintenance of
558reserves. Such liens shall be correspondingly reduced and, when
559paid off, released. Before any payments to, or for the benefit
560of, secured parties, the responsible public entity may use
561revenues to pay current operation and maintenance costs of the
562qualifying project, including compensation to the responsible
563public entity for its services in developing and operating the
564qualifying project. The right to receive such payment, if any,
565shall be considered just compensation for the qualifying
566project. The full faith and credit of the responsible public
567entity shall not be pledged to secure any financing of the
568private entity by the election to take over the qualifying
569project. Assumption of the development or operation of the
570qualifying project shall not obligate the responsible public
571entity to pay any obligation of the private entity from sources
572other than revenues.
574     (a)  Any financing of a qualifying project may be in such
575amounts and upon such terms and conditions as determined by an
576interim or comprehensive agreement between the responsible
577public entity and the private entity. Without limiting the
578generality of the terms and conditions of the financing, the
579private entity and the responsible public entity may propose to
580use any and all funding resources that may be available and may,
581to the fullest extent permitted by applicable law, issue debt,
582equity, or other securities or obligations; enter into leases;
583access any designed trust funds; borrow or accept grants from
584any state infrastructure bank; and secure any financing with a
585pledge of, security interest in, or lien on, any or all of its
586property, including all of its property interests in the
587qualifying facility.
588     (b)  The responsible public entity may take any action to
589obtain federal, state, or local assistance for a qualifying
590project that serves the public purpose of this section and may
591enter into any contracts required to receive such assistance. If
592the responsible public entity is a state agency, any funds
593received from the state or federal government or any agency or
594instrumentality thereof shall be subject to appropriation by the
595Legislature. The responsible public entity may determine that it
596serves the public purpose of this section for all or any portion
597of the costs of a qualifying project to be paid, directly or
598indirectly, from the proceeds of a grant or loan made by the
599local, state, or federal government or any agency or
600instrumentality thereof.
601     (12)  SOVEREIGN IMMUNITY.-This section does not waive the
602sovereign immunity of the state, any responsible public entity,
603any affected local jurisdiction, or any officer or employee
604thereof with respect to the participation in, or approval of all
605or any part of the qualifying project or its operation,
606including, but not limited to, interconnection of the qualifying
607project with any other infrastructure or project. Counties,
608cities, and towns in which a qualifying project is located
609possess sovereign immunity with respect to the project's design,
610construction, and operation.
611     (13)  CONSTRUCTION AND EFFECT.-This section shall be
612liberally construed to effectuate the purposes thereof. This
613section does not affect the authority of the responsible public
614entity to take action that would impact the debt capacity of the
617     (a)  The Public-Private Partnership Advisory Commission is
618established to review the implementation of this section and to
619provide recommendations for any revisions necessary to further
620support public-private partnership opportunities in the state.
621     (b)  The commission shall consist of 12 members, as
623     1.  Two members of the House of Representatives, appointed
624by the Speaker of the House of Representatives.
625     2.  Two members of the Senate, appointed by the President
626of the Senate.
627     3.  Eight members appointed by the Governor, as follows:  
628     a.  Four local government officials.
629     b.  Two state agency representatives.
630     c.  Two representatives of the private sector.
632All terms are for 4 years, except those members of the House of
633Representatives and Senate, who shall serve on the commission
634until the expiration of their terms of office or until their
635successors qualify.
636     (c)  The members of the commission shall elect a
637chairperson and a vice-chairperson. The commission shall hold
638public meetings at least quarterly or upon the call of the
639chairperson. A majority of the commission constitutes a quorum.
640     (d)  Members of the commission are entitled to receive per
641diem and travel expenses as provided in s. 112.061.
642     (e)  Administrative staff support shall be provided by the
643Executive Office of the Governor, as appropriate.
644     (f)  A copy of the minutes from each commission meeting
645shall be provided to and maintained by the Governor, the
646President of Senate, and the Speaker of the House of
648     (g)  Beginning on December 13, 2012, and each year
649thereafter, the commission shall submit a report providing
650comments on the implementation of this section and
651recommendations for future revisions to the Governor, the
652President of the Senate, and the Speaker of the House of
654     Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.