Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7127, 2nd Eng.
                                Barcode 715708                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             04/30/2013 03:53 PM       .                                

       Senator Diaz de la Portilla moved the following:
    1         Senate Amendment to Amendment (740626) (with title
    2  amendment)
    4         Between lines 4302 and 4303
    5  insert:
    6         Section 83. Section 255.60, Florida Statutes, is amended to
    7  read:
    8         255.60 Special contracts with charitable not-for-profit
    9  youth organizations.—The state, or the governing body of any
   10  political subdivision of the state, or a public-private
   11  partnership is authorized, but not required, to contract for
   12  public service work with a not-for-profit organization such as
   13  highway and park maintenance, notwithstanding competitive sealed
   14  bid procedures required under this chapter or chapter 287 or any
   15  municipal or county charter, upon compliance with this section.
   16         (1) The contractor or supplier must meet the following
   17  conditions:
   18         (a) The contractor or supplier must be a not-for-profit
   19  corporation incorporated under chapter 617 and in good standing.
   20         (b) The contractor or supplier must hold exempt status
   21  under s. 501(a) of the Internal Revenue Code, as an organization
   22  described in s. 501(c)(3) of the Internal Revenue Code.
   23         (c) For youth organizations, the corporate charter of the
   24  contractor or supplier must state that the corporation is
   25  organized as a charitable youth organization exclusively for at
   26  risk youths enrolled in a work-study program.
   27         (d) Administrative salaries and benefits for any such
   28  corporation shall not exceed 15 percent of gross revenues. Field
   29  supervisors shall not be considered administrative overhead.
   30         (2) The contract, if approved by authorized agency
   31  personnel of the state, or the governing body of a political
   32  subdivision, or the public-private partnership, as appropriate,
   33  must provide at a minimum that:
   34         (a) For youth organizations, labor shall be performed
   35  exclusively by at-risk youth and their direct supervisors; and
   36  shall not be subject to subcontracting.
   37         (b) For the preservation, maintenance, and improvement of
   38  park land, the property must be at least 20 acres with
   39  contiguous public facilities that are capable of seating at
   40  least 5,000 people in a permanent structure.
   41         (c) For public education buildings, the building must be at
   42  least 90,000 square feet.
   43         (d)(b) Payment must be production-based.
   44         (e)(c) The contract will terminate should the contractor or
   45  supplier no longer qualify under subsection (1).
   46         (f)(d) The supplier or contractor has instituted a drug
   47  free workplace program substantially in compliance with the
   48  provisions of s. 287.087.
   49         (g)(e) The contractor or supplier agrees to be subject to
   50  review and audit at the discretion of the Auditor General in
   51  order to ensure that the contractor or supplier has complied
   52  with this section.
   53         (3) A No contract under this section may not exceed the
   54  annual sum of $250,000.
   55         (4) Should a court find that a contract purporting to have
   56  been entered into pursuant to this section does not so qualify,
   57  the court may order that the contract be terminated on
   58  reasonable notice to the parties. The court shall not require
   59  disgorgement of any moneys earned for goods or services actually
   60  delivered or supplied.
   61         (5) Nothing in this section shall excuse any person from
   62  compliance with ss. 287.132-287.134.
   63         Section 84. Section 287.05712, Florida Statutes, is created
   64  to read:
   65         287.05712 Public-private partnerships.—
   66         (1) DEFINITIONS.—As used in this section, the term:
   67         (a) “Affected local jurisdiction” means a county,
   68  municipality, or special district in which all or a portion of a
   69  qualifying project is located.
   70         (b) “Develop” means to plan, design, finance, lease,
   71  acquire, install, construct, or expand.
   72         (c) “Fees” means charges imposed by the private entity of a
   73  qualifying project for use of all or a portion of such
   74  qualifying project pursuant to a comprehensive agreement.
   75         (d) “Lease payment” means any form of payment, including a
   76  land lease, by a public entity to the private entity of a
   77  qualifying project for the use of the project.
   78         (e) “Material default” means a nonperformance of its duties
   79  by the private entity of a qualifying project which jeopardizes
   80  adequate service to the public from the project.
   81         (f) “Operate” means to finance, maintain, improve, equip,
   82  modify, or repair.
   83         (g) “Private entity” means any natural person, corporation,
   84  general partnership, limited liability company, limited
   85  partnership, joint venture, business trust, public benefit
   86  corporation, nonprofit entity, or other private business entity.
   87         (h) “Proposal” means a plan for a qualifying project with
   88  detail beyond a conceptual level for which terms such as fixing
   89  costs, payment schedules, financing, deliverables, and project
   90  schedule are defined.
   91         (i) “Qualifying project” means:
   92         1. A facility or project that serves a public purpose,
   93  including, but not limited to, any ferry or mass transit
   94  facility, vehicle parking facility, airport or seaport facility,
   95  rail facility or project, fuel supply facility, oil or gas
   96  pipeline, medical or nursing care facility, recreational
   97  facility, sporting or cultural facility, or educational facility
   98  or other building or facility that is used or will be used by a
   99  public educational institution; or any other public facility or
  100  infrastructure that is used or will be used by the public at
  101  large or in support of an accepted public purpose or activity;
  102         2. An improvement, including equipment, of a building that
  103  will be principally used by a public entity or the public at
  104  large or that supports a service delivery system in the public
  105  sector;
  106         3. A water, wastewater, or surface water management
  107  facility or other related infrastructure; or
  108         4. Notwithstanding any provision of this section, for
  109  projects that involve a facility owned or operated by the
  110  governing board of a county, district, or municipal hospital or
  111  health care system, or for projects that involve a facility
  112  owned or operated by a municipal electric utility, only those
  113  projects that the governing board designates as qualifying
  114  projects pursuant to this section.
  115         (j) “Responsible public entity” means a county,
  116  municipality, or school board, or any other political
  117  subdivision of the state; a public body corporate and politic;
  118  or a regional entity that serves a public purpose and is
  119  authorized to develop or operate a qualifying project.
  120         (k) “Revenues” means the income, earnings, user fees, lease
  121  payments, or other service payments relating to the development
  122  or operation of a qualifying project, including, but not limited
  123  to, money received as grants or otherwise from the Federal
  124  Government, a public entity, or an agency or instrumentality
  125  thereof in aid of the qualifying project.
  126         (l) “Service contract” means a contract between a public
  127  entity and the private entity which defines the terms of the
  128  services to be provided with respect to a qualifying project.
  129         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  130  that there is a public need for the construction or upgrade of
  131  facilities that are used predominantly for public purposes and
  132  that it is in the public’s interest to provide for the
  133  construction or upgrade of such facilities.
  134         (a) The Legislature also finds that:
  135         1. There is a public need for timely and cost-effective
  136  acquisition, design, construction, improvement, renovation,
  137  expansion, equipping, maintenance, operation, implementation, or
  138  installation of projects serving a public purpose, including
  139  educational facilities, transportation facilities, water or
  140  wastewater management facilities and infrastructure, technology
  141  infrastructure, roads, highways, bridges, and other public
  142  infrastructure and government facilities within the state which
  143  serve a public need and purpose, and that such public need may
  144  not be wholly satisfied by existing procurement methods.
  145         2. There are inadequate resources to develop new
  146  educational facilities, transportation facilities, water or
  147  wastewater management facilities and infrastructure, technology
  148  infrastructure, roads, highways, bridges, and other public
  149  infrastructure and government facilities for the benefit of
  150  residents of this state, and that a public-private partnership
  151  has demonstrated that it can meet the needs by improving the
  152  schedule for delivery, lowering the cost, and providing other
  153  benefits to the public.
  154         3. There may be state and federal tax incentives that
  155  promote partnerships between public and private entities to
  156  develop and operate qualifying projects.
  157         4. A procurement under this section serves the public
  158  purpose of this section if such procurement facilitates the
  159  timely development or operation of a qualifying project.
  160         (b) It is the intent of the Legislature to encourage
  161  investment in the state by private entities; to facilitate
  162  various bond financing mechanisms, private capital, and other
  163  funding sources for the development and operation of qualifying
  164  projects, including expansion and acceleration of such financing
  165  to meet the public need; and to provide the greatest possible
  166  flexibility to public and private entities contracting for the
  167  provision of public services.
  169         (a) There is created the Partnership for Public Facilities
  170  and Infrastructure Act Guidelines Task Force for the purpose of
  171  recommending guidelines for the Legislature to consider for
  172  purposes of creating a uniform process for establishing public
  173  private partnerships, including the types of factors responsible
  174  public entities should review and consider when processing
  175  requests for public-private partnership projects pursuant to
  176  this section.
  177         (b) The task force shall be composed of seven members, as
  178  follows:
  179         1.  The Secretary of Management Services or his or her
  180  designee, who shall serve as chair of the task force.
  181         2. Six members appointed by the Governor, as follows:
  182         a. One county government official.
  183         b. One municipal government official.
  184         c. One district school board member.
  185         d. Three representatives of the business community.
  186         (c) Task force members must be appointed by July 31, 2013.
  187  By August 31, 2013, the task force shall meet to establish
  188  procedures for the conduct of its business and to elect a vice
  189  chair. The task force shall meet at the call of the chair. A
  190  majority of the members of the task force constitutes a quorum,
  191  and a quorum is necessary for the purpose of voting on any
  192  action or recommendation of the task force. All meetings shall
  193  be held in Tallahassee unless otherwise decided by the task
  194  force, and no more than two such meetings may be held in other
  195  locations for the purpose of taking public testimony.
  196  Administrative and technical support shall be provided by the
  197  department. Task force members shall serve without compensation
  198  and are not entitled to reimbursement for per diem or travel
  199  expenses.
  200         (d) In reviewing public-private partnerships and developing
  201  recommendations, the task force must consider:
  202         1. Opportunities for competition through public notice and
  203  the availability of representatives of the responsible public
  204  entity to meet with private entities considering a proposal.
  205         2. Reasonable criteria for choosing among competing
  206  proposals.
  207         3. Suggested timelines for selecting proposals and
  208  negotiating an interim or comprehensive agreement.
  209         4. If accelerated selection and review and documentation
  210  timelines should be considered for proposals involving a
  211  qualifying project that the responsible public entity deems a
  212  priority.
  213         5. Procedures for financial review and analysis which, at a
  214  minimum, include a cost-benefit analysis, an assessment of
  215  opportunity cost, and consideration of the results of all
  216  studies and analyses related to the proposed qualifying project.
  217         6. The adequacy of the information released when seeking
  218  competing proposals and providing for the enhancement of that
  219  information, if deemed necessary, to encourage competition.
  220         7. Current exemptions from public records and public
  221  meetings requirements, if any changes to those exemptions are
  222  necessary, or if any new exemptions should be created in order
  223  to maintain the confidentiality of financial and proprietary
  224  information received as part of an unsolicited proposal.
  225         8. Recommendations regarding the authority of the
  226  responsible public entity to engage the services of qualified
  227  professionals, which may include a Florida-registered
  228  professional or a certified public accountant, not otherwise
  229  employed by the responsible public entity, to provide an
  230  independent analysis regarding the specifics, advantages,
  231  disadvantages, and long-term and short-term costs of a request
  232  by a private entity for approval of a qualifying project, unless
  233  the governing body of the public entity determines that such
  234  analysis should be performed by employees of the public entity.
  235         (e) The task force must submit a final report of its
  236  recommendations to the Governor, the President of the Senate,
  237  and the Speaker of the House of Representatives by July 1, 2014.
  238         (f) The task force is terminated December 31, 2014. The
  239  establishment of guidelines pursuant to this section or the
  240  adoption of such guidelines by a responsible public entity is
  241  not required for such entity to request or receive proposals for
  242  a qualifying project or to enter into a comprehensive agreement
  243  for a qualifying project. A responsible public entity may adopt
  244  guidelines so long as such guidelines are not inconsistent with
  245  this section.
  246         (4) PROCUREMENT PROCEDURES.—A responsible public entity may
  247  receive unsolicited proposals or may solicit proposals for
  248  qualifying projects and may thereafter enter into an agreement
  249  with a private entity, or a consortium of private entities, for
  250  the building, upgrading, operating, ownership, or financing of
  251  facilities.
  252         (a) The responsible public entity may establish a
  253  reasonable application fee for the submission of an unsolicited
  254  proposal under this section. The fee must be sufficient to pay
  255  the costs of evaluating the proposal. The responsible public
  256  entity may engage the services of a private consultant to assist
  257  in the evaluation.
  258         (b) The responsible public entity may request a proposal
  259  from private entities for a public-private project or, if the
  260  public entity receives an unsolicited proposal for a public
  261  private project and the public entity intends to enter into a
  262  comprehensive agreement for the project described in such
  263  unsolicited proposal, the public entity shall publish notice in
  264  the Florida Administrative Register and a newspaper of general
  265  circulation at least once a week for 2 weeks stating that the
  266  public entity has received a proposal and will accept other
  267  proposals for the same project. The timeframe within which the
  268  public entity may accept other proposals shall be determined by
  269  the public entity on a project-by-project basis based upon the
  270  complexity of the project and the public benefit to be gained by
  271  allowing a longer or shorter period of time within which other
  272  proposals may be received; however, the timeframe for allowing
  273  other proposals must be at least 21 days, but no more than 120
  274  days, after the initial date of publication. A copy of the
  275  notice must be mailed to each local government in the affected
  276  area.
  277         (c) A responsible public entity that is a school board may
  278  enter into a comprehensive agreement only with the approval of
  279  the local governing body.
  280         (d) Before approval, the responsible public entity must
  281  determine that the proposed project:
  282         1. Is in the public’s best interest.
  283         2. Is for a facility that is owned by the responsible
  284  public entity or for a facility for which ownership will be
  285  conveyed to the responsible public entity.
  286         3. Has adequate safeguards in place to ensure that
  287  additional costs or service disruptions are not imposed on the
  288  public in the event of material default or cancellation of the
  289  agreement by the responsible public entity.
  290         4. Has adequate safeguards in place to ensure that the
  291  responsible public entity or private entity has the opportunity
  292  to add capacity to the proposed project or other facilities
  293  serving similar predominantly public purposes.
  294         5. Will be owned by the responsible public entity upon
  295  completion or termination of the agreement and upon payment of
  296  the amounts financed.
  297         (e) Before signing a comprehensive agreement, the
  298  responsible public entity must consider a reasonable finance
  299  plan that is consistent with subsection (11); the project cost;
  300  revenues by source; available financing; major assumptions;
  301  internal rate of return on private investments, if governmental
  302  funds are assumed in order to deliver a cost-feasible project;
  303  and a total cash-flow analysis beginning with the implementation
  304  of the project and extending for the term of the agreement.
  305         (f) In considering an unsolicited proposal, the responsible
  306  public entity may require from the private entity a technical
  307  study prepared by a nationally recognized expert with experience
  308  in preparing analysis for bond rating agencies. In evaluating
  309  the technical study, the responsible public entity may rely upon
  310  internal staff reports prepared by personnel familiar with the
  311  operation of similar facilities or the advice of external
  312  advisors or consultants who have relevant experience.
  313         (5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited proposal
  314  from a private entity for approval of a qualifying project must
  315  be accompanied by the following material and information, unless
  316  waived by the responsible public entity:
  317         (a) A description of the qualifying project, including the
  318  conceptual design of the facilities or a conceptual plan for the
  319  provision of services, and a schedule for the initiation and
  320  completion of the qualifying project.
  321         (b) A description of the method by which the private entity
  322  proposes to secure the necessary property interests that are
  323  required for the qualifying project.
  324         (c) A description of the private entity’s general plans for
  325  financing the qualifying project, including the sources of the
  326  private entity’s funds and the identity of any dedicated revenue
  327  source or proposed debt or equity investment on behalf of the
  328  private entity.
  329         (d) The name and address of a person who may be contacted
  330  for additional information concerning the proposal.
  331         (e) The proposed user fees, lease payments, or other
  332  service payments over the term of a comprehensive agreement, and
  333  the methodology for and circumstances that would allow changes
  334  to the user fees, lease payments, and other service payments
  335  over time.
  336         (f) Additional material or information that the responsible
  337  public entity reasonably requests.
  339         (a) The private entity must meet the minimum standards
  340  contained in the responsible public entity’s guidelines for
  341  qualifying professional services and contracts for traditional
  342  procurement projects.
  343         (b) The responsible public entity must:
  344         1. Ensure that provision is made for the private entity’s
  345  performance and payment of subcontractors, including, but not
  346  limited to, surety bonds, letters of credit, parent company
  347  guarantees, and lender and equity partner guarantees. For the
  348  components of the qualifying project which involve construction
  349  performance and payment, bonds are required and are subject to
  350  the recordation, notice, suit limitation, and other requirements
  351  of s. 255.05.
  352         2. Ensure the most efficient pricing of the security
  353  package that provides for the performance and payment of
  354  subcontractors.
  355         3. Ensure that provision is made for the transfer of the
  356  private entity’s obligations if the comprehensive agreement is
  357  terminated or a material default occurs.
  358         (c) After the public notification period has expired in the
  359  case of an unsolicited proposal, the responsible public entity
  360  shall rank the proposals received in order of preference. In
  361  ranking the proposals, the responsible public entity may
  362  consider factors that include, but are not limited to,
  363  professional qualifications, general business terms, innovative
  364  design techniques or cost-reduction terms, and finance plans.
  365  The responsible public entity may then begin negotiations for a
  366  comprehensive agreement with the highest-ranked firm. If the
  367  responsible public entity is not satisfied with the results of
  368  the negotiations, the responsible public entity may terminate
  369  negotiations with the proposer and negotiate with the second
  370  ranked or subsequent-ranked firms, in the order consistent with
  371  this procedure. If only one proposal is received, the
  372  responsible public entity may negotiate in good faith, and if
  373  the public entity is not satisfied with the results of the
  374  negotiations, the public entity may terminate negotiations with
  375  the proposer. Notwithstanding this paragraph, the responsible
  376  public entity may reject all proposals at any point in the
  377  process until a contract with the proposer is executed.
  378         (d) The responsible public entity shall perform an
  379  independent analysis of the proposed public-private partnership
  380  which demonstrates the cost-effectiveness and overall public
  381  benefit before the procurement process is initiated or before
  382  the contract is awarded.
  383         (e) The responsible public entity may approve the
  384  development or operation of an educational facility, a
  385  transportation facility, a water or wastewater management
  386  facility or related infrastructure, a technology infrastructure
  387  or other public infrastructure, or a government facility needed
  388  by the responsible public entity as a qualifying project, or the
  389  design or equipping of a qualifying project that is developed or
  390  operated, if:
  391         1. There is a public need for or benefit derived from a
  392  project of the type that the private entity proposes as the
  393  qualifying project.
  394         2. The estimated cost of the qualifying project is
  395  reasonable in relation to similar facilities.
  396         3. The private entity’s plans will result in the timely
  397  acquisition, design, construction, improvement, renovation,
  398  expansion, equipping, maintenance, or operation of the
  399  qualifying project.
  400         (f) The responsible public entity may charge a reasonable
  401  fee to cover the costs of processing, reviewing, and evaluating
  402  the request, including, but not limited to, reasonable attorney
  403  fees and fees for financial and technical advisors or
  404  consultants and for other necessary advisors or consultants.
  405         (g) Upon approval of a qualifying project, the responsible
  406  public entity shall establish a date for the commencement of
  407  activities related to the qualifying project. The responsible
  408  public entity may extend the commencement date.
  409         (h) Approval of a qualifying project by the responsible
  410  public entity is subject to entering into a comprehensive
  411  agreement with the private entity.
  413         (a) The responsible public entity must notify each affected
  414  local jurisdiction by furnishing a copy of the proposal to each
  415  affected local jurisdiction when considering a proposal for a
  416  qualifying project.
  417         (b) Each affected local jurisdiction that is not a
  418  responsible public entity for the respective qualifying project
  419  may, within 60 days after receiving the notice, submit in
  420  writing any comments to the responsible public entity and
  421  indicate whether the facility is incompatible with the local
  422  comprehensive plan, the local infrastructure development plan,
  423  the capital improvements budget, any development of regional
  424  impact processes or timelines, or other governmental spending
  425  plan. The responsible public entity shall consider the comments
  426  of the affected local jurisdiction before entering into a
  427  comprehensive agreement with a private entity. If an affected
  428  local jurisdiction fails to respond to the responsible public
  429  entity within the time provided in this paragraph, the
  430  nonresponse is deemed an acknowledgement by the affected local
  431  jurisdiction that the qualifying project is compatible with the
  432  local comprehensive plan, the local infrastructure development
  433  plan, the capital improvements budget, or other governmental
  434  spending plan.
  435         (8) INTERIM AGREEMENT.—Before or in connection with the
  436  negotiation of a comprehensive agreement, the public entity may
  437  enter into an interim agreement with the private entity
  438  proposing the development or operation of the qualifying
  439  project. An interim agreement does not obligate the responsible
  440  public entity to enter into a comprehensive agreement. The
  441  interim agreement is discretionary with the parties and is not
  442  required on a qualifying project for which the parties may
  443  proceed directly to a comprehensive agreement without the need
  444  for an interim agreement. An interim agreement must be limited
  445  to provisions that:
  446         (a) Authorize the private entity to commence activities for
  447  which it may be compensated related to the proposed qualifying
  448  project, including, but not limited to, project planning and
  449  development, design, environmental analysis and mitigation,
  450  survey, other activities concerning any part of the proposed
  451  qualifying project, and ascertaining the availability of
  452  financing for the proposed facility or facilities.
  453         (b) Establish the process and timing of the negotiation of
  454  the comprehensive agreement.
  455         (c) Contain such other provisions related to an aspect of
  456  the development or operation of a qualifying project that the
  457  responsible public entity and the private entity deem
  458  appropriate.
  460         (a) Before developing or operating the qualifying project,
  461  the private entity must enter into a comprehensive agreement
  462  with the responsible public entity. The comprehensive agreement
  463  must provide for:
  464         1. Delivery of performance and payment bonds, letters of
  465  credit, or other security acceptable to the responsible public
  466  entity in connection with the development or operation of the
  467  qualifying project in the form and amount satisfactory to the
  468  responsible public entity. For the components of the qualifying
  469  project which involve construction, the form and amount of the
  470  bonds must comply with s. 255.05.
  471         2. Review of the design for the qualifying project by the
  472  responsible public entity and, if the design conforms to
  473  standards acceptable to the responsible public entity, the
  474  approval of the responsible public entity. This subparagraph
  475  does not require the private entity to complete the design of
  476  the qualifying project before the execution of the comprehensive
  477  agreement.
  478         3. Inspection of the qualifying project by the responsible
  479  public entity to ensure that the private entity’s activities are
  480  acceptable to the public entity in accordance with the
  481  comprehensive agreement.
  482         4. Maintenance of a policy of public liability insurance, a
  483  copy of which must be filed with the responsible public entity
  484  and accompanied by proofs of coverage, or self-insurance, each
  485  in the form and amount satisfactory to the responsible public
  486  entity and reasonably sufficient to ensure coverage of tort
  487  liability to the public and employees and to enable the
  488  continued operation of the qualifying project.
  489         5. Monitoring by the responsible public entity of the
  490  maintenance practices to be performed by the private entity to
  491  ensure that the qualifying project is properly maintained.
  492         6. Periodic filing by the private entity of the appropriate
  493  financial statements that pertain to the qualifying project.
  494         7. Procedures that govern the rights and responsibilities
  495  of the responsible public entity and the private entity in the
  496  course of the construction and operation of the qualifying
  497  project and in the event of the termination of the comprehensive
  498  agreement or a material default by the private entity. The
  499  procedures must include conditions that govern the assumption of
  500  the duties and responsibilities of the private entity by an
  501  entity that funded, in whole or part, the qualifying project or
  502  by the responsible public entity, and must provide for the
  503  transfer or purchase of property or other interests of the
  504  private entity by the responsible public entity.
  505         8. Fees, lease payments, or service payments. In
  506  negotiating user fees, the fees must be the same for persons
  507  using the facility under like conditions and must not materially
  508  discourage use of the qualifying project. The execution of the
  509  comprehensive agreement or a subsequent amendment is conclusive
  510  evidence that the fees, lease payments, or service payments
  511  provided for in the comprehensive agreement comply with this
  512  section. Fees or lease payments established in the comprehensive
  513  agreement as a source of revenue may be in addition to, or in
  514  lieu of, service payments.
  515         9. Duties of the private entity, including the terms and
  516  conditions that the responsible public entity determines serve
  517  the public purpose of this section.
  518         (b) The comprehensive agreement may include:
  519         1. An agreement by the responsible public entity to make
  520  grants or loans to the private entity from amounts received from
  521  the federal, state, or local government or an agency or
  522  instrumentality thereof.
  523         2. A provision under which each entity agrees to provide
  524  notice of default and cure rights for the benefit of the other
  525  entity, including, but not limited to, a provision regarding
  526  unavoidable delays.
  527         3. A provision that terminates the authority and duties of
  528  the private entity under this section and dedicates the
  529  qualifying project to the responsible public entity or, if the
  530  qualifying project was initially dedicated by an affected local
  531  jurisdiction, to the affected local jurisdiction for public use.
  532         (10) FEES.—An agreement entered into pursuant to this
  533  section may authorize the private entity to impose fees to
  534  members of the public for the use of the facility. The following
  535  provisions apply to the agreement:
  536         (a) The responsible public entity may develop new
  537  facilities or increase capacity in existing facilities through
  538  agreements with public-private partnerships.
  539         (b) The public-private partnership agreement must ensure
  540  that the facility is properly operated, maintained, or improved
  541  in accordance with standards set forth in the comprehensive
  542  agreement.
  543         (c) The responsible public entity may lease existing fee
  544  for-use facilities through a public-private partnership
  545  agreement.
  546         (d) Any revenues must be regulated by the responsible
  547  public entity pursuant to the comprehensive agreement.
  548         (e) A negotiated portion of revenues from fee-generating
  549  uses must be returned to the public entity over the life of the
  550  agreement.
  551         (11) FINANCING.—
  552         (a) A private entity may enter into a private-source
  553  financing agreement between financing sources and the private
  554  entity. A financing agreement and any liens on the property or
  555  facility must be paid in full at the applicable closing that
  556  transfers ownership or operation of the facility to the
  557  responsible public entity at the conclusion of the term of the
  558  comprehensive agreement.
  559         (b) The responsible public entity may lend funds to private
  560  entities that construct projects containing facilities that are
  561  approved under this section.
  562         (c) The responsible public entity may use innovative
  563  finance techniques associated with a public-private partnership
  564  under this section, including, but not limited to, federal loans
  565  as provided in Titles 23 and 49 of the United States Code,
  566  commercial bank loans, and hedges against inflation from
  567  commercial banks or other private sources. In addition, the
  568  responsible public entity may provide its own capital or
  569  operating budget to support a qualifying project. The budget may
  570  be from any legally permissible funding sources of the
  571  responsible public entity, including the proceeds of debt
  572  issuances. A responsible public entity may use the model
  573  financing agreement provided in s. 489.145(6) for its financing
  574  of a facility owned by a responsible public entity. A financing
  575  agreement may not require the responsible public entity to
  576  indemnify the financing source, subject the responsible public
  577  entity’s facility to liens in violation of s. 11.066(5), or
  578  secure financing by the responsible public entity with a pledge
  579  of security interest, and any such provision is void.
  580         (d) A responsible public entity shall appropriate on a
  581  priority basis as required by the comprehensive agreement a
  582  contractual payment obligation, annual or otherwise, from the
  583  enterprise or other government fund from which the qualifying
  584  projects will be funded. This required payment obligation must
  585  be appropriated before other noncontractual obligations payable
  586  from the same enterprise or other government fund.
  588         (a) The private entity shall:
  589         1. Develop or operate the qualifying project in a manner
  590  that is acceptable to the responsible public entity in
  591  accordance with the provisions of the comprehensive agreement.
  592         2. Maintain, or provide by contract for the maintenance or
  593  improvement of, the qualifying project if required by the
  594  comprehensive agreement.
  595         3. Cooperate with the responsible public entity in making
  596  best efforts to establish interconnection between the qualifying
  597  project and any other facility or infrastructure as requested by
  598  the responsible public entity in accordance with the provisions
  599  of the comprehensive agreement.
  600         4. Comply with the comprehensive agreement and any lease or
  601  service contract.
  602         (b) Each private facility that is constructed pursuant to
  603  this section must comply with the requirements of federal,
  604  state, and local laws; state, regional, and local comprehensive
  605  plans; the responsible public entity’s rules, procedures, and
  606  standards for facilities; and such other conditions that the
  607  responsible public entity determines to be in the public’s best
  608  interest and that are included in the comprehensive agreement.
  609         (c) The responsible public entity may provide services to
  610  the private entity. An agreement for maintenance and other
  611  services entered into pursuant to this section must provide for
  612  full reimbursement for services rendered for qualifying
  613  projects.
  614         (d) A private entity of a qualifying project may provide
  615  additional services for the qualifying project to the public or
  616  to other private entities if the provision of additional
  617  services does not impair the private entity’s ability to meet
  618  its commitments to the responsible public entity pursuant to the
  619  comprehensive agreement.
  621  expiration or termination of a comprehensive agreement, the
  622  responsible public entity may use revenues from the qualifying
  623  project to pay current operation and maintenance costs of the
  624  qualifying project. If the private entity materially defaults
  625  under the comprehensive agreement, the compensation that is
  626  otherwise due to the private entity is payable to satisfy all
  627  financial obligations to investors and lenders on the qualifying
  628  project in the same way that is provided in the comprehensive
  629  agreement or any other agreement involving the qualifying
  630  project, if the costs of operating and maintaining the
  631  qualifying project are paid in the normal course. Revenues in
  632  excess of the costs for operation and maintenance costs may be
  633  paid to the investors and lenders to satisfy payment obligations
  634  under their respective agreements. A responsible public entity
  635  may terminate with cause and without prejudice a comprehensive
  636  agreement and may exercise any other rights or remedies that may
  637  be available to it in accordance with the provisions of the
  638  comprehensive agreement. The full faith and credit of the
  639  responsible public entity may not be pledged to secure the
  640  financing of the private entity. The assumption of the
  641  development or operation of the qualifying project does not
  642  obligate the responsible public entity to pay any obligation of
  643  the private entity from sources other than revenues from the
  644  qualifying project unless stated otherwise in the comprehensive
  645  agreement.
  646         (14) SOVEREIGN IMMUNITY.—This section does not waive the
  647  sovereign immunity of a responsible public entity, an affected
  648  local jurisdiction, or an officer or employee thereof with
  649  respect to participation in, or approval of, any part of a
  650  qualifying project or its operation, including, but not limited
  651  to, interconnection of the qualifying project with any other
  652  infrastructure or project. A county or municipality in which a
  653  qualifying project is located possesses sovereign immunity with
  654  respect to the project, including, but not limited to, its
  655  design, construction, and operation.
  656         (15) CONSTRUCTION.—This section shall be liberally
  657  construed to effectuate the purposes of this section. This
  658  section shall be construed as cumulative and supplemental to any
  659  other authority or power vested in or exercised by the governing
  660  board of a county, district, or municipal hospital or health
  661  care system including those contained in acts of the Legislature
  662  establishing such public hospital boards or s. 155.40. This
  663  section does not affect any agreement or existing relationship
  664  with a supporting organization involving such governing board or
  665  system in effect as of January 1, 2013.
  666         (a) This section does not limit a political subdivision of
  667  the state in the acquisition, design, or construction of a
  668  public project pursuant to other statutory authority.
  669         (b) Except as otherwise provided in this section, this
  670  section does not amend existing laws by granting additional
  671  powers to, or further restricting, a local governmental entity
  672  from regulating and entering into cooperative arrangements with
  673  the private sector for the planning, construction, or operation
  674  of a facility.
  675         (c) This section does not waive any requirement of s.
  676  287.055.
  677         Section 85. Section 336.71, Florida Statutes, is created to
  678  read:
  679         336.71 Public-private cooperation in construction of county
  680  roads.—
  681         (1) If a county receives a proposal, solicited or
  682  unsolicited, from a private entity seeking to construct, extend,
  683  or improve a county road or portion thereof, the county may
  684  enter into an agreement with the private entity for completion
  685  of the road construction project, which agreement may provide
  686  for payment to the private entity, from public funds, if the
  687  county conducts a noticed public hearing and finds that the
  688  proposed county road construction project:
  689         (a) Is in the best interest of the public.
  690         (b) Would only use county funds for portions of the project
  691  that will be part of the county road system.
  692         (c) Would have adequate safeguards to ensure that
  693  additional costs or unreasonable service disruptions are not
  694  realized by the traveling public and citizens of the state.
  695         (d) Upon completion, would be a part of the county road
  696  system owned by the county.
  697         (e) Would result in a financial benefit to the public by
  698  completing the subject project at a cost to the public
  699  significantly lower than if the project were constructed by the
  700  county using the normal procurement process.
  701         (2) The notice for the public hearing provided for in
  702  subsection (1) must be published at least 14 days before the
  703  date of the public meeting at which the governing board takes
  704  final action. The notice must identify the project, the
  705  estimated cost of the project, and specify that the purpose for
  706  the public meeting is to consider whether it is in the public’s
  707  best interest to accept the proposal and enter into an agreement
  708  pursuant thereto. The determination of cost savings pursuant to
  709  paragraph (1)(e) must be supported by a professional engineer’s
  710  cost estimate made available to the public at least 14 days
  711  before the public meeting and placed in the record for that
  712  meeting.
  713         (3) If the process in subsection (1) is followed, the
  714  project and agreement are exempt from s. 255.20 pursuant to s.
  715  255.20(1)(c)11.
  716         (4) Except as otherwise expressly provided in this section,
  717  this section does not affect existing law by granting additional
  718  powers to or imposing further restrictions on local government
  719  entities.
  720         Section 86. Paragraph (d) of subsection (2) of section
  721  348.754, Florida Statutes, is amended to read:
  722         348.754 Purposes and powers.—
  723         (2) The authority is hereby granted, and shall have and may
  724  exercise all powers necessary, appurtenant, convenient or
  725  incidental to the carrying out of the aforesaid purposes,
  726  including, but without being limited to, the following rights
  727  and powers:
  728         (d) To enter into and make leases for terms not exceeding
  729  99 40 years, as either lessee or lessor, in order to carry out
  730  the right to lease as set forth in this part.
  732  ================= T I T L E  A M E N D M E N T ================
  733         And the title is amended as follows:
  734         Delete line 4815
  735  and insert:
  736         prohibition; providing an exception; amending s.
  737         255.60, F.S.; authorizing certain public entities to
  738         contract for public service works with not-for-profit
  739         organizations; revising eligibility and contract
  740         requirements for not-for-profit organizations
  741         contracting with certain public entities; creating s.
  742         287.05712, F.S.; providing definitions; providing
  743         legislative findings and intent relating to the
  744         construction or improvement by private entities of
  745         facilities used predominantly for a public purpose;
  746         creating a task force to establish specified
  747         guidelines; providing procurement procedures;
  748         providing requirements for project approval; providing
  749         project qualifications and process; providing for
  750         notice to affected local jurisdictions; providing for
  751         interim and comprehensive agreements between a public
  752         and a private entity; providing for use fees;
  753         providing for financing sources for certain projects
  754         by a private entity; providing powers and duties of
  755         private entities; providing for expiration or
  756         termination of agreements; providing for the
  757         applicability of sovereign immunity for public
  758         entities with respect to qualified projects; providing
  759         for construction of the act; creating s. 336.71, F.S.;
  760         authorizing counties to enter into public-private
  761         partnership agreements to construct, extend, or
  762         improve county roads; providing requirements and
  763         limitations for such agreements; providing procurement
  764         procedures; requiring a fee for certain proposals;
  765         amending s. 348.754, F.S.; revising the limit on terms
  766         for leases that the Orlando-Orange County Expressway
  767         Authority may enter; requiring the