Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS for SB 1214
Senate . House
Senator Evers moved the following:
1 Senate Amendment (with title amendment)
3 Between lines 707 and 708
5 Section 7. Section 287.05712, Florida Statutes, is
6 renumbered as section 255.065, Florida Statutes, and amended to
287.05712 Public-private partnerships.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Affected local jurisdiction” means a county,
11 municipality, or special district in which all or a portion of a
12 qualifying project is located.
13 (b) “Develop” means to plan, design, finance, lease,
14 acquire, install, construct, or expand.
15 (c) “Fees” means charges imposed by the private entity of a
16 qualifying project for use of all or a portion of such
17 qualifying project pursuant to a comprehensive agreement.
18 (d) “Lease payment” means any form of payment, including a
19 land lease, by a public entity to the private entity of a
20 qualifying project for the use of the project.
21 (e) “Material default” means a nonperformance of its duties
22 by the private entity of a qualifying project which jeopardizes
23 adequate service to the public from the project.
24 (f) “Operate” means to finance, maintain, improve, equip,
25 modify, or repair.
26 (g) “Private entity” means any natural person, corporation,
27 general partnership, limited liability company, limited
28 partnership, joint venture, business trust, public benefit
29 corporation, nonprofit entity, or other private business entity.
30 (h) “Proposal” means a plan for a qualifying project with
31 detail beyond a conceptual level for which terms such as fixing
32 costs, payment schedules, financing, deliverables, and project
33 schedule are defined.
34 (i) “Qualifying project” means:
35 1. A facility or project that serves a public purpose,
36 including, but not limited to, any ferry or mass transit
37 facility, vehicle parking facility, airport or seaport facility,
38 rail facility or project, fuel supply facility, oil or gas
39 pipeline, medical or nursing care facility, recreational
40 facility, sporting or cultural facility, or educational facility
41 or other building or facility that is used or will be used by a
42 public educational institution, or any other public facility or
43 infrastructure that is used or will be used by the public at
44 large or in support of an accepted public purpose or activity;
45 2. An improvement, including equipment, of a building that
46 will be principally used by a public entity or the public at
47 large or that supports a service delivery system in the public
49 3. A water, wastewater, or surface water management
50 facility or other related infrastructure; or
51 4. Notwithstanding any provision of this section, for
52 projects that involve a facility owned or operated by the
53 governing board of a county, district, or municipal hospital or
54 health care system, or projects that involve a facility owned or
55 operated by a municipal electric utility, only those projects
56 that the governing board designates as qualifying projects
57 pursuant to this section.
58 (j) “Responsible public entity” means a county,
59 municipality, school district, special district, or Florida
60 College System institution board, or any other political
61 subdivision of the state; a public body corporate and politic;
62 or a regional entity that serves a public purpose and is
63 authorized to develop or operate a qualifying project.
64 (k) “Revenues” means the income, earnings, user fees, lease
65 payments, or other service payments relating to the development
66 or operation of a qualifying project, including, but not limited
67 to, money received as grants or otherwise from the Federal
68 Government, a public entity, or an agency or instrumentality
69 thereof in aid of the qualifying project.
70 (l) “Service contract” means a contract between a
71 responsible public entity and the private entity which defines
72 the terms of the services to be provided with respect to a
73 qualifying project.
74 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
75 that there is a public need for the construction or upgrade of
76 facilities that are used predominantly for public purposes and
77 that it is in the public’s interest to provide for the
78 construction or upgrade of such facilities.
79 (a) The Legislature also finds that:
80 1. There is a public need for timely and cost-effective
81 acquisition, design, construction, improvement, renovation,
82 expansion, equipping, maintenance, operation, implementation, or
83 installation of projects serving a public purpose, including
84 educational facilities, transportation facilities, water or
85 wastewater management facilities and infrastructure, technology
86 infrastructure, roads, highways, bridges, and other public
87 infrastructure and government facilities within the state which
88 serve a public need and purpose, and that such public need may
89 not be wholly satisfied by existing procurement methods.
90 2. There are inadequate resources to develop new
91 educational facilities, transportation facilities, water or
92 wastewater management facilities and infrastructure, technology
93 infrastructure, roads, highways, bridges, and other public
94 infrastructure and government facilities for the benefit of
95 residents of this state, and that a public-private partnership
96 has demonstrated that it can meet the needs by improving the
97 schedule for delivery, lowering the cost, and providing other
98 benefits to the public.
99 3. There may be state and federal tax incentives that
100 promote partnerships between public and private entities to
101 develop and operate qualifying projects.
102 4. A procurement under this section serves the public
103 purpose of this section if such procurement facilitates the
104 timely development or operation of a qualifying project.
105 (b) It is the intent of the Legislature to encourage
106 investment in the state by private entities; to facilitate
107 various bond financing mechanisms, private capital, and other
108 funding sources for the development and operation of qualifying
109 projects, including expansion and acceleration of such financing
110 to meet the public need; and to provide the greatest possible
111 flexibility to public and private entities contracting for the
112 provision of public services.
113 (3) PUBLIC-PRIVATE PARTNERSHIP GUIDELINES TASK FORCE.—
114 (a) There is created the Partnership for Public Facilities
115 and Infrastructure Act Guidelines Task Force for the purpose of
116 recommending guidelines for the Legislature to consider for
117 purposes of creating a uniform process for establishing public
118 private partnerships, including the types of factors responsible
119 public entities should review and consider when processing
120 requests for public-private partnership projects pursuant to
121 this section.
122 (b) The task force shall be composed of seven members, as
124 1. The Secretary of Management Services or his or her
125 designee, who shall serve as chair of the task force.
126 2. Six members appointed by the Governor, as follows:
127 a. One county government official.
128 b. One municipal government official.
129 c. One district school board member.
130 d. Three representatives of the business community.
131 (c) Task force members must be appointed by July 31, 2013.
132 By August 31, 2013, the task force shall meet to establish
133 procedures for the conduct of its business and to elect a vice
134 chair. The task force shall meet at the call of the chair. A
135 majority of the members of the task force constitutes a quorum,
136 and a quorum is necessary for the purpose of voting on any
137 action or recommendation of the task force. All meetings shall
138 be held in Tallahassee, unless otherwise decided by the task
139 force, and then no more than two such meetings may be held in
140 other locations for the purpose of taking public testimony.
141 Administrative and technical support shall be provided by the
142 department. Task force members shall serve without compensation
143 and are not entitled to reimbursement for per diem or travel
145 (d) In reviewing public-private partnerships and developing
146 recommendations, the task force must consider:
147 1. Opportunities for competition through public notice and
148 the availability of representatives of the responsible public
149 entity to meet with private entities considering a proposal.
150 2. Reasonable criteria for choosing among competing
152 3. Suggested timelines for selecting proposals and
153 negotiating an interim or comprehensive agreement.
154 4. If an accelerated selection and review and documentation
155 timelines should be considered for proposals involving a
156 qualifying project that the responsible public entity deems a
158 5. Procedures for financial review and analysis which, at a
159 minimum, include a cost-benefit analysis, an assessment of
160 opportunity cost, and consideration of the results of all
161 studies and analyses related to the proposed qualifying project.
162 6. The adequacy of the information released when seeking
163 competing proposals and providing for the enhancement of that
164 information, if deemed necessary, to encourage competition.
165 7. Current exemptions from public records and public
166 meetings requirements, if any changes to those exemptions are
167 necessary, or if any new exemptions should be created in order
168 to maintain the confidentiality of financial and proprietary
169 information received as part of an unsolicited proposal.
170 8. Recommendations regarding the authority of the
171 responsible public entity to engage the services of qualified
172 professionals, which may include a Florida-registered
173 professional or a certified public accountant, not otherwise
174 employed by the responsible public entity, to provide an
175 independent analysis regarding the specifics, advantages,
176 disadvantages, and long-term and short-term costs of a request
177 by a private entity for approval of a qualifying project, unless
178 the governing body of the public entity determines that such
179 analysis should be performed by employees of the public entity.
180 (e) The task force must submit a final report of its
181 recommendations to the Governor, the President of the Senate,
182 and the Speaker of the House of Representatives by July 1, 2014.
183 (f) The task force is terminated December 31, 2014. The
184 establishment of guidelines pursuant to this section or the
185 adoption of such guidelines by a responsible public entity is
186 not required for such entity to request or receive proposals for
187 a qualifying project or to enter into a comprehensive agreement
188 for a qualifying project. A responsible public entity may adopt
189 guidelines so long as such guidelines are not inconsistent with
190 this section.
191 (3) (4) PROCUREMENT PROCEDURES.—A responsible public entity
192 may receive unsolicited proposals or may solicit proposals for
193 qualifying projects and may thereafter enter into a
194 comprehensive an agreement with a private entity, or a
195 consortium of private entities, for the building, upgrading,
196 operating, ownership, or financing of facilities.
197 (a)1. The responsible public entity may establish a
198 reasonable application fee for the submission of an unsolicited
199 proposal under this section.
200 2. A private entity that submits an unsolicited proposal to
201 a responsible public entity must concurrently pay an initial
202 application fee, as determined by the responsible public entity.
203 Payment must be made by cash, cashier’s check, or other
204 noncancelable instrument. Personal checks may not be accepted.
205 3. If the initial application fee does not cover the
206 responsible public entity’s costs to evaluate the unsolicited
207 proposal, the responsible public entity must request in writing
208 the additional amounts required. The private entity must pay the
209 requested additional amounts within 30 days after receipt of the
210 notice. The responsible public entity may stop its review of the
211 unsolicited proposal if the private entity fails to pay the
212 additional fee.
213 4. If the responsible public entity does not evaluate the
214 unsolicited proposal, the responsible public entity must return
215 the application fee The fee must be sufficient to pay the costs
216 of evaluating the proposal. The responsible public entity may
217 engage the services of a private consultant to assist in the
219 (b) The responsible public entity may request a proposal
220 from private entities for a qualifying public-private project
221 or, if the responsible public entity receives an unsolicited
222 proposal for a qualifying public-private project and the
223 responsible public entity intends to enter into a comprehensive
224 agreement for the project described in the such unsolicited
225 proposal, the responsible public entity shall publish notice in
226 the Florida Administrative Register and a newspaper of general
227 circulation at least once a week for 2 weeks stating that the
228 responsible public entity has received a proposal and will
229 accept other proposals for the same project. The timeframe
230 within which the responsible public entity may accept other
231 proposals shall be determined by the responsible public entity
232 on a project-by-project basis based upon the complexity of the
233 qualifying project and the public benefit to be gained by
234 allowing a longer or shorter period of time within which other
235 proposals may be received; however, the timeframe for allowing
236 other proposals must be at least 21 days, but no more than 120
237 days, after the initial date of publication. If approved by a
238 majority vote of the responsible public entity’s governing body,
239 the responsible public entity may alter the timeframe for
240 accepting proposals to more adequately suit the needs of the
241 qualifying project. A copy of the notice must be mailed to each
242 local government in the affected area.
243 (c) If the responsible public entity solicits proposals
244 under this section, the solicitation must include a design
245 criteria package prepared by an architect, engineer, or
246 landscape architect licensed in this state which is sufficient
247 to allow private entities to prepare a bid or a response. The
248 design criteria package must specify performance-based criteria
249 for the project, including the legal description of the site,
250 with survey information; interior space requirements; material
251 quality standards; schematic layouts and conceptual design
252 criteria for the project; cost or budget estimates; design and
253 construction schedules; and site development and utility
254 requirements A responsible public entity that is a school board
255 may enter into a comprehensive agreement only with the approval
256 of the local governing body.
257 (d) Before approving a comprehensive agreement approval,
258 the responsible public entity must determine that the proposed
260 1. Is in the public’s best interest.
261 2. Is for a facility that is owned by the responsible
262 public entity or for a facility for which ownership will be
263 conveyed to the responsible public entity.
264 3. Has adequate safeguards in place to ensure that
265 additional costs or service disruptions are not imposed on the
266 public in the event of material default or cancellation of the
267 comprehensive agreement by the responsible public entity.
268 4. Has adequate safeguards in place to ensure that the
269 responsible public entity or private entity has the opportunity
270 to add capacity to the proposed project or other facilities
271 serving similar predominantly public purposes.
272 5. Will be owned by the responsible public entity upon
273 completion, expiration, or termination of the comprehensive
274 agreement and upon payment of the amounts financed.
275 (e) Before signing a comprehensive agreement, the
276 responsible public entity must consider a reasonable finance
277 plan that is consistent with subsection (9) (11); the qualifying
278 project cost; revenues by source; available financing; major
279 assumptions; internal rate of return on private investments, if
280 governmental funds are assumed in order to deliver a cost
281 feasible project; and a total cash-flow analysis beginning with
282 the implementation of the project and extending for the term of
283 the comprehensive agreement.
284 (f) In considering an unsolicited proposal, the responsible
285 public entity may require from the private entity a technical
286 study prepared by a nationally recognized expert with experience
287 in preparing analysis for bond rating agencies. In evaluating
288 the technical study, the responsible public entity may rely upon
289 internal staff reports prepared by personnel familiar with the
290 operation of similar facilities or the advice of external
291 advisors or consultants who have relevant experience.
292 (4) (5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited
293 proposal from a private entity for approval of a qualifying
294 project must be accompanied by the following material and
295 information, unless waived by the responsible public entity:
296 (a) A description of the qualifying project, including the
297 conceptual design of the facilities or a conceptual plan for the
298 provision of services, and a schedule for the initiation and
299 completion of the qualifying project.
300 (b) A description of the method by which the private entity
301 proposes to secure the necessary property interests that are
302 required for the qualifying project.
303 (c) A description of the private entity’s general plans for
304 financing the qualifying project, including the sources of the
305 private entity’s funds and the identity of any dedicated revenue
306 source or proposed debt or equity investment on behalf of the
307 private entity.
308 (d) The name and address of a person who may be contacted
309 for additional information concerning the proposal.
310 (e) The proposed user fees, lease payments, or other
311 service payments over the term of a comprehensive agreement, and
312 the methodology for and circumstances that would allow changes
313 to the user fees, lease payments, and other service payments
314 over time.
315 (f) Additional material or information that the responsible
316 public entity reasonably requests.
318 Any pricing or financial terms included in an unsolicited
319 proposal must be specific as to when the pricing or terms
321 (5) (6) PROJECT QUALIFICATION AND PROCESS.—
322 (a) The private entity, or the applicable party or parties
323 of the private entity’s team, must meet the minimum standards
324 contained in the responsible public entity’s guidelines for
325 qualifying professional services and contracts for traditional
326 procurement projects.
327 (b) The responsible public entity must:
328 1. Ensure that provision is made for the private entity’s
329 performance and payment of subcontractors, including, but not
330 limited to, surety bonds, letters of credit, parent company
331 guarantees, and lender and equity partner guarantees. For the
332 components of the qualifying project which involve construction
333 performance and payment, bonds are required and are subject to
334 the recordation, notice, suit limitation, and other requirements
335 of s. 255.05.
336 2. Ensure the most efficient pricing of the security
337 package that provides for the performance and payment of
339 3. Ensure that provision is made for the transfer of the
340 private entity’s obligations if the comprehensive agreement
341 addresses termination upon is terminated or a material default
342 of the comprehensive agreement occurs.
343 (c) After the public notification period has expired in the
344 case of an unsolicited proposal, the responsible public entity
345 shall rank the proposals received in order of preference. In
346 ranking the proposals, the responsible public entity may
347 consider factors that include, but are not limited to,
348 professional qualifications, general business terms, innovative
349 design techniques or cost-reduction terms, and finance plans.
350 The responsible public entity may then begin negotiations for a
351 comprehensive agreement with the highest-ranked firm. If the
352 responsible public entity is not satisfied with the results of
353 the negotiations, the responsible public entity may terminate
354 negotiations with the proposer and negotiate with the second
355 ranked or subsequent-ranked firms, in the order consistent with
356 this procedure. If only one proposal is received, the
357 responsible public entity may negotiate in good faith, and if
358 the responsible public entity is not satisfied with the results
359 of the negotiations, the responsible public entity may terminate
360 negotiations with the proposer. Notwithstanding this paragraph,
361 the responsible public entity may reject all proposals at any
362 point in the process until a contract with the proposer is
364 (d) The responsible public entity shall perform an
365 independent analysis of the proposed public-private partnership
366 which demonstrates the cost-effectiveness and overall public
367 benefit before the procurement process is initiated or before
368 the contract is awarded.
369 (e) The responsible public entity may approve the
370 development or operation of an educational facility, a
371 transportation facility, a water or wastewater management
372 facility or related infrastructure, a technology infrastructure
373 or other public infrastructure, or a government facility needed
374 by the responsible public entity as a qualifying project, or the
375 design or equipping of a qualifying project that is developed or
376 operated, if:
377 1. There is a public need for or benefit derived from a
378 project of the type that the private entity proposes as the
379 qualifying project.
380 2. The estimated cost of the qualifying project is
381 reasonable in relation to similar facilities.
382 3. The private entity’s plans will result in the timely
383 acquisition, design, construction, improvement, renovation,
384 expansion, equipping, maintenance, or operation of the
385 qualifying project.
386 (f) The responsible public entity may charge a reasonable
387 fee to cover the costs of processing, reviewing, and evaluating
388 the request, including, but not limited to, reasonable attorney
389 fees and fees for financial and technical advisors or
390 consultants and for other necessary advisors or consultants.
391 (g) Upon approval of a qualifying project, the responsible
392 public entity shall establish a date for the commencement of
393 activities related to the qualifying project. The responsible
394 public entity may extend the commencement date.
395 (h) Approval of a qualifying project by the responsible
396 public entity is subject to entering into a comprehensive
397 agreement with the private entity.
398 (7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.—
399 (a) The responsible public entity must notify each affected
400 local jurisdiction by furnishing a copy of the proposal to each
401 affected local jurisdiction when considering a proposal for a
402 qualifying project.
403 (b) Each affected local jurisdiction that is not a
404 responsible public entity for the respective qualifying project
405 may, within 60 days after receiving the notice, submit in
406 writing any comments to the responsible public entity and
407 indicate whether the facility is incompatible with the local
408 comprehensive plan, the local infrastructure development plan,
409 the capital improvements budget, any development of regional
410 impact processes or timelines, or other governmental spending
411 plan. The responsible public entity shall consider the comments
412 of the affected local jurisdiction before entering into a
413 comprehensive agreement with a private entity. If an affected
414 local jurisdiction fails to respond to the responsible public
415 entity within the time provided in this paragraph, the
416 nonresponse is deemed an acknowledgment by the affected local
417 jurisdiction that the qualifying project is compatible with the
418 local comprehensive plan, the local infrastructure development
419 plan, the capital improvements budget, or other governmental
420 spending plan.
421 (6) (8) INTERIM AGREEMENT.—Before or in connection with the
422 negotiation of a comprehensive agreement, the responsible public
423 entity may enter into an interim agreement with the private
424 entity proposing the development or operation of the qualifying
425 project. An interim agreement does not obligate the responsible
426 public entity to enter into a comprehensive agreement. The
427 interim agreement is discretionary with the parties and is not
428 required on a qualifying project for which the parties may
429 proceed directly to a comprehensive agreement without the need
430 for an interim agreement. An interim agreement must be limited
431 to provisions that:
432 (a) Authorize the private entity to commence activities for
433 which it may be compensated related to the proposed qualifying
434 project, including, but not limited to, project planning and
435 development, design, environmental analysis and mitigation,
436 survey, other activities concerning any part of the proposed
437 qualifying project, and ascertaining the availability of
438 financing for the proposed facility or facilities.
439 (b) Establish the process and timing of the negotiation of
440 the comprehensive agreement.
441 (c) Contain such other provisions related to an aspect of
442 the development or operation of a qualifying project that the
443 responsible public entity and the private entity deem
445 (7) (9) COMPREHENSIVE AGREEMENT.—
446 (a) Before developing or operating the qualifying project,
447 the private entity must enter into a comprehensive agreement
448 with the responsible public entity. The comprehensive agreement
449 must provide for:
450 1. Delivery of performance and payment bonds, letters of
451 credit, or other security acceptable to the responsible public
452 entity in connection with the development or operation of the
453 qualifying project in the form and amount satisfactory to the
454 responsible public entity. For the components of the qualifying
455 project which involve construction, the form and amount of the
456 bonds must comply with s. 255.05.
457 2. Review of the design for the qualifying project by the
458 responsible public entity and, if the design conforms to
459 standards acceptable to the responsible public entity, the
460 approval of the responsible public entity. This subparagraph
461 does not require the private entity to complete the design of
462 the qualifying project before the execution of the comprehensive
464 3. Inspection of the qualifying project by the responsible
465 public entity to ensure that the private entity’s activities are
466 acceptable to the responsible public entity in accordance with
467 the comprehensive agreement.
468 4. Maintenance of a policy of public liability insurance, a
469 copy of which must be filed with the responsible public entity
470 and accompanied by proofs of coverage, or self-insurance, each
471 in the form and amount satisfactory to the responsible public
472 entity and reasonably sufficient to ensure coverage of tort
473 liability to the public and employees and to enable the
474 continued operation of the qualifying project.
475 5. Monitoring by the responsible public entity of the
476 maintenance practices to be performed by the private entity to
477 ensure that the qualifying project is properly maintained.
478 6. Periodic filing by the private entity of the appropriate
479 financial statements that pertain to the qualifying project.
480 7. Procedures that govern the rights and responsibilities
481 of the responsible public entity and the private entity in the
482 course of the construction and operation of the qualifying
483 project and in the event of the termination of the comprehensive
484 agreement or a material default by the private entity. The
485 procedures must include conditions that govern the assumption of
486 the duties and responsibilities of the private entity by an
487 entity that funded, in whole or part, the qualifying project or
488 by the responsible public entity, and must provide for the
489 transfer or purchase of property or other interests of the
490 private entity by the responsible public entity.
491 8. Fees, lease payments, or service payments. In
492 negotiating user fees, the fees must be the same for persons
493 using the facility under like conditions and must not materially
494 discourage use of the qualifying project. The execution of the
495 comprehensive agreement or a subsequent amendment is conclusive
496 evidence that the fees, lease payments, or service payments
497 provided for in the comprehensive agreement comply with this
498 section. Fees or lease payments established in the comprehensive
499 agreement as a source of revenue may be in addition to, or in
500 lieu of, service payments.
501 9. Duties of the private entity, including the terms and
502 conditions that the responsible public entity determines serve
503 the public purpose of this section.
504 (b) The comprehensive agreement may include:
505 1. An agreement by the responsible public entity to make
506 grants or loans to the private entity from amounts received from
507 the federal, state, or local government or an agency or
508 instrumentality thereof.
509 2. A provision under which each entity agrees to provide
510 notice of default and cure rights for the benefit of the other
511 entity, including, but not limited to, a provision regarding
512 unavoidable delays.
513 3. A provision that terminates the authority and duties of
514 the private entity under this section and dedicates the
515 qualifying project to the responsible public entity or, if the
516 qualifying project was initially dedicated by an affected local
517 jurisdiction, to the affected local jurisdiction for public use.
518 (8) (10) FEES.—A comprehensive An agreement entered into
519 pursuant to this section may authorize the private entity to
520 impose fees to members of the public for the use of the
521 facility. The following provisions apply to the comprehensive
523 (a) The responsible public entity may develop new
524 facilities or increase capacity in existing facilities through a
525 comprehensive agreement with a private entity agreements with
526 public-private partnerships.
527 (b) The comprehensive public-private partnership agreement
528 must ensure that the facility is properly operated, maintained,
529 or improved in accordance with standards set forth in the
530 comprehensive agreement.
531 (c) The responsible public entity may lease existing fee
532 for-use facilities through a comprehensive public-private
533 partnership agreement.
534 (d) Any revenues must be authorized by and applied in the
535 manner set forth in regulated by the responsible public entity
536 pursuant to the comprehensive agreement.
537 (e) A negotiated portion of revenues from fee-generating
538 uses may must be returned to the responsible public entity over
539 the life of the comprehensive agreement.
540 (9) (11) FINANCING.—
541 (a) A private entity may enter into a private-source
542 financing agreement between financing sources and the private
543 entity. A financing agreement and any liens on the property or
544 facility must be paid in full at the applicable closing that
545 transfers ownership or operation of the facility to the
546 responsible public entity at the conclusion of the term of the
547 comprehensive agreement.
548 (b) The responsible public entity may lend funds to private
549 entities that construct projects containing facilities that are
550 approved under this section.
551 (c) The responsible public entity may use innovative
552 finance techniques associated with a public-private partnership
553 under this section, including, but not limited to, federal loans
554 as provided in Titles 23 and 49 C.F.R., commercial bank loans,
555 and hedges against inflation from commercial banks or other
556 private sources. In addition, the responsible public entity may
557 provide its own capital or operating budget to support a
558 qualifying project. The budget may be from any legally
559 permissible funding sources of the responsible public entity,
560 including the proceeds of debt issuances. A responsible public
561 entity may use the model financing agreement provided in s.
562 489.145(6) for its financing of a facility owned by a
563 responsible public entity. A financing agreement may not require
564 the responsible public entity to indemnify the financing source,
565 subject the responsible public entity’s facility to liens in
566 violation of s. 11.066(5), or secure financing of by the
567 responsible public entity by a mortgage on, or security interest
568 in, the real or tangible personal property of the responsible
569 public entity in a manner that could result in the loss of the
570 fee ownership of the property by the responsible public entity
571 with a pledge of security interest, and any such provision is
573 (d) A responsible public entity shall appropriate on a
574 priority basis as required by the comprehensive agreement a
575 contractual payment obligation, annual or otherwise, from the
576 enterprise or other government fund from which the qualifying
577 projects will be funded. This required payment obligation must
578 be appropriated before other noncontractual obligations payable
579 from the same enterprise or other government fund.
580 (10) (12) POWERS AND DUTIES OF THE PRIVATE ENTITY.—
581 (a) The private entity shall:
582 1. Develop or operate the qualifying project in a manner
583 that is acceptable to the responsible public entity in
584 accordance with the provisions of the comprehensive agreement.
585 2. Maintain, or provide by contract for the maintenance or
586 improvement of, the qualifying project if required by the
587 comprehensive agreement.
588 3. Cooperate with the responsible public entity in making
589 best efforts to establish interconnection between the qualifying
590 project and any other facility or infrastructure as requested by
591 the responsible public entity in accordance with the provisions
592 of the comprehensive agreement.
593 4. Comply with the comprehensive agreement and any lease or
594 service contract.
595 (b) Each private facility that is constructed pursuant to
596 this section must comply with the requirements of federal,
597 state, and local laws; state, regional, and local comprehensive
598 plans; the responsible public entity’s rules, procedures, and
599 standards for facilities; and such other conditions that the
600 responsible public entity determines to be in the public’s best
601 interest and that are included in the comprehensive agreement.
602 (c) The responsible public entity may provide services to
603 the private entity. An agreement for maintenance and other
604 services entered into pursuant to this section must provide for
605 full reimbursement for services rendered for qualifying
607 (d) A private entity of a qualifying project may provide
608 additional services for the qualifying project to the public or
609 to other private entities if the provision of additional
610 services does not impair the private entity’s ability to meet
611 its commitments to the responsible public entity pursuant to the
612 comprehensive agreement.
613 (11) (13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the
614 expiration or termination of a comprehensive agreement, the
615 responsible public entity may use revenues from the qualifying
616 project to pay current operation and maintenance costs of the
617 qualifying project. If the private entity materially defaults
618 under the comprehensive agreement, the compensation that is
619 otherwise due to the private entity is payable to satisfy all
620 financial obligations to investors and lenders on the qualifying
621 project in the same way that is provided in the comprehensive
622 agreement or any other agreement involving the qualifying
623 project, if the costs of operating and maintaining the
624 qualifying project are paid in the normal course. Revenues in
625 excess of the costs for operation and maintenance costs may be
626 paid to the investors and lenders to satisfy payment obligations
627 under their respective agreements. A responsible public entity
628 may terminate with cause and without prejudice a comprehensive
629 agreement and may exercise any other rights or remedies that may
630 be available to it in accordance with the provisions of the
631 comprehensive agreement. The full faith and credit of the
632 responsible public entity may not be pledged to secure the
633 financing of the private entity. The assumption of the
634 development or operation of the qualifying project does not
635 obligate the responsible public entity to pay any obligation of
636 the private entity from sources other than revenues from the
637 qualifying project unless stated otherwise in the comprehensive
639 (12) (14) SOVEREIGN IMMUNITY.—This section does not waive
640 the sovereign immunity of a responsible public entity, an
641 affected local jurisdiction, or an officer or employee thereof
642 with respect to participation in, or approval of, any part of a
643 qualifying project or its operation, including, but not limited
644 to, interconnection of the qualifying project with any other
645 infrastructure or project. A county or municipality in which a
646 qualifying project is located possesses sovereign immunity with
647 respect to the project, including, but not limited to, its
648 design, construction, and operation.
649 (13) DEPARTMENT OF MANAGEMENT SERVICES.—
650 (a) A responsible public entity may provide a copy of its
651 comprehensive agreement to the Department of Management
652 Services. A responsible public entity must redact any
653 confidential or exempt information from the copy of the
654 comprehensive agreement before providing it to the Department of
655 Management Services.
656 (b) The Department of Management Services may accept and
657 maintain copies of comprehensive agreements received from
658 responsible public entities for the purpose of sharing
659 comprehensive agreements with other responsible public entities.
660 (c) This subsection does not require a responsible public
661 entity to provide a copy of its comprehensive agreement to the
662 Department of Management Services.
663 (14) (15) CONSTRUCTION.—
664 (a) This section shall be liberally construed to effectuate
665 the purposes of this section.
666 (b) This section shall be construed as cumulative and
667 supplemental to any other authority or power vested in or
668 exercised by the governing body board of a county, municipality,
669 special district, or municipal hospital or health care system
670 including those contained in acts of the Legislature
671 establishing such public hospital boards or s. 155.40.
672 (c) This section does not affect any agreement or existing
673 relationship with a supporting organization involving such
674 governing body board or system in effect as of January 1, 2013.
675 (d) (a) This section provides an alternative method and does
676 not limit a county, municipality, special district, or other
677 political subdivision of the state in the procurement or
678 operation of a qualifying project acquisition, design, or
679 construction of a public project pursuant to other statutory or
680 constitutional authority.
681 (e) (b) Except as otherwise provided in this section, this
682 section does not amend existing laws by granting additional
683 powers to, or further restricting, a local governmental entity
684 from regulating and entering into cooperative arrangements with
685 the private sector for the planning, construction, or operation
686 of a facility.
687 (f) (c) This section does not waive any requirement of s.
689 Section 8. Section 287.0935, Florida Statutes, is amended
690 to read:
691 287.0935 Surety bond insurers.—When the contract amount of
692 a project that uses public funds does not exceed $5 million
693 $500,000 and when public funds are utilized for the project, a
694 person, the state, or a political subdivision may shall not
695 refuse , as surety for the project, bid bonds, performance bonds,
696 labor and materials payment bonds, or any other surety bonds as
697 surety for the project if such bonds which are issued by a
698 surety company that meets all which fulfills each of the
699 following requirements provisions:
700 (1) The surety company is licensed to do business in this
701 state. the State of Florida;
702 (2) The surety company holds a certificate of authority
703 authorizing it to write surety bonds in this state. ;
704 (3) The surety company has twice the minimum surplus and
705 capital required by the Florida Insurance Code at the time the
706 invitation to bid is issued, or has at least an “A-” rating of
707 performance in the most recent edition of Best’s Key Rating
708 Guide by A.M. Best Company. ;
709 (4) The surety company is otherwise in compliance with the
710 provisions of the Florida Insurance Code. ; and
711 (5) The surety company holds a currently valid certificate
712 of authority issued by the United States Department of the
713 Treasury under 31 U.S.C. ss. 9304-9308.
715 ================= T I T L E A M E N D M E N T ================
716 And the title is amended as follows:
717 Delete line 12
718 and insert:
719 capital investment”; renumbering and amending s.
720 287.05712, F.S.; revising definitions; deleting
721 provisions creating the Public-Private Partnership
722 Guidelines Task Force; requiring a private entity that
723 submits an unsolicited proposal to pay an initial
724 application fee and additional amounts if the fee does
725 not cover certain costs; specifying payment methods;
726 authorizing a responsible public entity to alter the
727 statutory timeframe for accepting proposals for a
728 qualifying project under certain circumstances;
729 requiring a responsible public entity to include a
730 design criteria package in a solicitation; specifying
731 requirements for the design criteria package; deleting
732 a provision that requires approval of the local
733 governing body before a school board enters into a
734 comprehensive agreement; revising the conditions
735 necessary for a responsible public entity to approve a
736 comprehensive agreement; deleting provisions relating
737 to notice to affected local jurisdictions; providing
738 that fees imposed by a private entity must be applied
739 as set forth in the comprehensive agreement;
740 restricting provisions in financing agreements that
741 could result in a responsible public entity’s losing
742 ownership of real or tangible personal property;
743 deleting a provision that requires a responsible
744 public entity to comply with specific financial
745 obligations; providing duties of the Department of
746 Management Services; revising provisions relating to
747 construction of the act; amending s. 287.0935, F.S.;
748 increasing the dollar threshold for a contract amount
749 of a project for which a person, the state, or a
750 political subdivision is prohibited from refusing a
751 surety bond issued by a surety company that meets
752 certain criteria; revising requirements for surety
753 companies with respect to bonds issued for certain
754 publicly funded contracts; amending s. 288.0001, F.S.;