Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 124
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                

       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 287.05712, Florida Statutes, is
    6  transferred, renumbered as section 255.065, Florida Statutes,
    7  and amended to read:
    8         255.065 287.05712 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
   48  sector;
   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, board, or any
   60  other political subdivision of the state; a public body
   61  corporate and politic; or a regional entity that serves a public
   62  purpose and is authorized to develop or operate a qualifying
   63  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.
  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
  123  follows:
  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
  144  expenses.
  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
  151  proposals.
  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
  157  priority.
  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 a
  193  qualifying project 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 amounts.
  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
  218  evaluation.
  219         5. If the responsible public entity chooses to evaluate an
  220  unsolicited proposal involving architecture, engineering or
  221  landscape architecture, it must ensure a professional review and
  222  evaluation of the design and construction proposed by the
  223  initial or subsequent proposers to assure material quality
  224  standards, interior space utilization, budget estimates, design
  225  and construction schedules and sustainable design and
  226  construction standards consistent with public projects. Such
  227  review shall be performed by an architect, a landscape architect
  228  or an engineer licensed in this state qualified to perform the
  229  review and such professional shall advise the responsible public
  230  entity through completion of the design and construction of the
  231  project.
  232         (b) The responsible public entity may request a proposal
  233  from private entities for a qualifying public-private project
  234  or, if the responsible public entity receives an unsolicited
  235  proposal for a qualifying public-private project and the
  236  responsible public entity intends to enter into a comprehensive
  237  agreement for the project described in the such unsolicited
  238  proposal, the responsible public entity shall publish notice in
  239  the Florida Administrative Register and a newspaper of general
  240  circulation at least once a week for 2 weeks stating that the
  241  responsible public entity has received a proposal and will
  242  accept other proposals for the same project. The timeframe
  243  within which the responsible public entity may accept other
  244  proposals shall be determined by the responsible public entity
  245  on a project-by-project basis based upon the complexity of the
  246  qualifying project and the public benefit to be gained by
  247  allowing a longer or shorter period of time within which other
  248  proposals may be received; however, the timeframe for allowing
  249  other proposals must be at least 21 days, but no more than 120
  250  days, after the initial date of publication. If approved by a
  251  majority vote of the responsible public entity’s governing body,
  252  the responsible public entity may alter the timeframe for
  253  accepting proposals to more adequately suit the needs of the
  254  qualifying project. A copy of the notice must be mailed to each
  255  local government in the affected area.
  256         (c) If the solicited qualifying project provided in
  257  paragraph (b) includes design work, the solicitation must
  258  include a design criteria package prepared by an architect, a
  259  landscape architect, or an engineer licensed in this state which
  260  is sufficient to allow private entities to prepare a bid or a
  261  response. The design criteria package must specify reasonably
  262  specific criteria for the qualifying project such as the legal
  263  description of the site, with survey information; interior space
  264  requirements; material quality standards; schematic layouts and
  265  conceptual design criteria for the qualifying project; cost or
  266  budget estimates; design and construction schedules; and site
  267  development and utility requirements. The licensed design
  268  professional who prepares the design criteria package shall be
  269  retained to serve the responsible public entity through
  270  completion of the design and construction of the project A
  271  responsible public entity that is a school board may enter into
  272  a comprehensive agreement only with the approval of the local
  273  governing body.
  274         (d) Before approving a comprehensive agreement approval,
  275  the responsible public entity must determine that the proposed
  276  project:
  277         1. Is in the public’s best interest.
  278         2. Is for a facility that is owned by the responsible
  279  public entity or for a facility for which ownership will be
  280  conveyed to the responsible public entity.
  281         3. Has adequate safeguards in place to ensure that
  282  additional costs or service disruptions are not imposed on the
  283  public in the event of material default or cancellation of the
  284  comprehensive agreement by the responsible public entity.
  285         4. Has adequate safeguards in place to ensure that the
  286  responsible public entity or private entity has the opportunity
  287  to add capacity to the proposed project or other facilities
  288  serving similar predominantly public purposes.
  289         5. Will be owned by the responsible public entity upon
  290  completion, expiration, or termination of the comprehensive
  291  agreement and upon payment of the amounts financed.
  292         (e) Before signing a comprehensive agreement, the
  293  responsible public entity must consider a reasonable finance
  294  plan that is consistent with subsection (9) (11); the qualifying
  295  project cost; revenues by source; available financing; major
  296  assumptions; internal rate of return on private investments, if
  297  governmental funds are assumed in order to deliver a cost-
  298  feasible project; and a total cash-flow analysis beginning with
  299  the implementation of the project and extending for the term of
  300  the comprehensive agreement.
  301         (f) In considering an unsolicited proposal, the responsible
  302  public entity may require from the private entity a technical
  303  study prepared by a nationally recognized expert with experience
  304  in preparing analysis for bond rating agencies. In evaluating
  305  the technical study, the responsible public entity may rely upon
  306  internal staff reports prepared by personnel familiar with the
  307  operation of similar facilities or the advice of external
  308  advisors or consultants who have relevant experience.
  309         (4)(5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited
  310  proposal from a private entity for approval of a qualifying
  311  project must be accompanied by the following material and
  312  information, unless waived by the responsible public entity:
  313         (a) A description of the qualifying project, including the
  314  conceptual design of the facilities or a conceptual plan for the
  315  provision of services, and a schedule for the initiation and
  316  completion of the qualifying project.
  317         (b) A description of the method by which the private entity
  318  proposes to secure the necessary property interests that are
  319  required for the qualifying project.
  320         (c) A description of the private entity’s general plans for
  321  financing the qualifying project, including the sources of the
  322  private entity’s funds and the identity of any dedicated revenue
  323  source or proposed debt or equity investment on behalf of the
  324  private entity.
  325         (d) The name and address of a person who may be contacted
  326  for additional information concerning the proposal.
  327         (e) The proposed user fees, lease payments, or other
  328  service payments over the term of a comprehensive agreement, and
  329  the methodology for and circumstances that would allow changes
  330  to the user fees, lease payments, and other service payments
  331  over time.
  332         (f) Additional material or information that the responsible
  333  public entity reasonably requests.
  335  Any pricing or financial terms included in an unsolicited
  336  proposal must be specific as to when the pricing or terms
  337  expire.
  339         (a) The private entity, or the applicable party or parties
  340  of the private entity’s team, must meet the minimum standards
  341  contained in the responsible public entity’s guidelines for
  342  qualifying professional services and contracts for traditional
  343  procurement projects.
  344         (b) The responsible public entity must:
  345         1. Ensure that provision is made for the private entity’s
  346  performance and payment of subcontractors, including, but not
  347  limited to, surety bonds, letters of credit, parent company
  348  guarantees, and lender and equity partner guarantees. For the
  349  components of the qualifying project which involve construction
  350  performance and payment, bonds are required and are subject to
  351  the recordation, notice, suit limitation, and other requirements
  352  of s. 255.05.
  353         2. Ensure the most efficient pricing of the security
  354  package that provides for the performance and payment of
  355  subcontractors.
  356         3. Ensure that provision is made for the transfer of the
  357  private entity’s obligations if the comprehensive agreement
  358  addresses termination upon is terminated or a material default
  359  of the comprehensive agreement occurs.
  360         (c) After the public notification period has expired in the
  361  case of an unsolicited proposal, the responsible public entity
  362  shall rank the proposals received in order of preference. In
  363  ranking the proposals, the responsible public entity may
  364  consider factors that include, but are not limited to,
  365  professional qualifications, general business terms, innovative
  366  design techniques or cost-reduction terms, and finance plans.
  367  The responsible public entity may then begin negotiations for a
  368  comprehensive agreement with the highest-ranked firm. If the
  369  responsible public entity is not satisfied with the results of
  370  the negotiations, the responsible public entity may terminate
  371  negotiations with the proposer and negotiate with the second
  372  ranked or subsequent-ranked firms, in the order consistent with
  373  this procedure. If only one proposal is received, the
  374  responsible public entity may negotiate in good faith, and if
  375  the responsible public entity is not satisfied with the results
  376  of the negotiations, the responsible public entity may terminate
  377  negotiations with the proposer. Notwithstanding this paragraph,
  378  the responsible public entity may reject all proposals at any
  379  point in the process until a contract with the proposer is
  380  executed.
  381         (d) The responsible public entity shall perform an
  382  independent analysis of the proposed public-private partnership
  383  which demonstrates the cost-effectiveness and overall public
  384  benefit before the procurement process is initiated or before
  385  the contract is awarded.
  386         (e) The responsible public entity may approve the
  387  development or operation of an educational facility, a
  388  transportation facility, a water or wastewater management
  389  facility or related infrastructure, a technology infrastructure
  390  or other public infrastructure, or a government facility needed
  391  by the responsible public entity as a qualifying project, or the
  392  design or equipping of a qualifying project that is developed or
  393  operated, if:
  394         1. There is a public need for or benefit derived from a
  395  project of the type that the private entity proposes as the
  396  qualifying project.
  397         2. The estimated cost of the qualifying project is
  398  reasonable in relation to similar facilities.
  399         3. The private entity’s plans will result in the timely
  400  acquisition, design, construction, improvement, renovation,
  401  expansion, equipping, maintenance, or operation of the
  402  qualifying project.
  403         (f) The responsible public entity may charge a reasonable
  404  fee to cover the costs of processing, reviewing, and evaluating
  405  the request, including, but not limited to, reasonable attorney
  406  fees and fees for financial and technical advisors or
  407  consultants and for other necessary advisors or consultants.
  408         (g) Upon approval of a qualifying project, the responsible
  409  public entity shall establish a date for the commencement of
  410  activities related to the qualifying project. The responsible
  411  public entity may extend the commencement date.
  412         (h) Approval of a qualifying project by the responsible
  413  public entity is subject to entering into a comprehensive
  414  agreement with the private entity.
  416         (a)The responsible public entity must notify each affected
  417  local jurisdiction by furnishing a copy of the proposal to each
  418  affected local jurisdiction when considering a proposal for a
  419  qualifying project.
  420         (b)Each affected local jurisdiction that is not a
  421  responsible public entity for the respective qualifying project
  422  may, within 60 days after receiving the notice, submit in
  423  writing any comments to the responsible public entity and
  424  indicate whether the facility is incompatible with the local
  425  comprehensive plan, the local infrastructure development plan,
  426  the capital improvements budget, any development of regional
  427  impact processes or timelines, or other governmental spending
  428  plan. The responsible public entity shall consider the comments
  429  of the affected local jurisdiction before entering into a
  430  comprehensive agreement with a private entity. If an affected
  431  local jurisdiction fails to respond to the responsible public
  432  entity within the time provided in this paragraph, the
  433  nonresponse is deemed an acknowledgment by the affected local
  434  jurisdiction that the qualifying project is compatible with the
  435  local comprehensive plan, the local infrastructure development
  436  plan, the capital improvements budget, or other governmental
  437  spending plan.
  438         (6)(8) INTERIM AGREEMENT.—Before or in connection with the
  439  negotiation of a comprehensive agreement, the responsible public
  440  entity may enter into an interim agreement with the private
  441  entity proposing the development or operation of the qualifying
  442  project. An interim agreement does not obligate the responsible
  443  public entity to enter into a comprehensive agreement. The
  444  interim agreement is discretionary with the parties and is not
  445  required on a qualifying project for which the parties may
  446  proceed directly to a comprehensive agreement without the need
  447  for an interim agreement. An interim agreement must be limited
  448  to provisions that:
  449         (a) Authorize the private entity to commence activities for
  450  which it may be compensated related to the proposed qualifying
  451  project, including, but not limited to, project planning and
  452  development, design, environmental analysis and mitigation,
  453  survey, other activities concerning any part of the proposed
  454  qualifying project, and ascertaining the availability of
  455  financing for the proposed facility or facilities.
  456         (b) Establish the process and timing of the negotiation of
  457  the comprehensive agreement.
  458         (c) Contain such other provisions related to an aspect of
  459  the development or operation of a qualifying project that the
  460  responsible public entity and the private entity deem
  461  appropriate.
  462         (7)(9) COMPREHENSIVE AGREEMENT.—
  463         (a) Before developing or operating the qualifying project,
  464  the private entity must enter into a comprehensive agreement
  465  with the responsible public entity. The comprehensive agreement
  466  must provide for:
  467         1. Delivery of performance and payment bonds, letters of
  468  credit, or other security acceptable to the responsible public
  469  entity in connection with the development or operation of the
  470  qualifying project in the form and amount satisfactory to the
  471  responsible public entity. For the components of the qualifying
  472  project which involve construction, the form and amount of the
  473  bonds must comply with s. 255.05.
  474         2. Review of the design for the qualifying project by the
  475  responsible public entity and, if the design conforms to
  476  standards acceptable to the responsible public entity, the
  477  approval of the responsible public entity. This subparagraph
  478  does not require the private entity to complete the design of
  479  the qualifying project before the execution of the comprehensive
  480  agreement.
  481         3. Inspection of the qualifying project by the responsible
  482  public entity to ensure that the private entity’s activities are
  483  acceptable to the responsible public entity in accordance with
  484  the comprehensive agreement.
  485         4. Maintenance of a policy of public liability insurance, a
  486  copy of which must be filed with the responsible public entity
  487  and accompanied by proofs of coverage, or self-insurance, each
  488  in the form and amount satisfactory to the responsible public
  489  entity and reasonably sufficient to ensure coverage of tort
  490  liability to the public and employees and to enable the
  491  continued operation of the qualifying project.
  492         5. Monitoring by the responsible public entity of the
  493  maintenance practices to be performed by the private entity to
  494  ensure that the qualifying project is properly maintained.
  495         6. Periodic filing by the private entity of the appropriate
  496  financial statements that pertain to the qualifying project.
  497         7. Procedures that govern the rights and responsibilities
  498  of the responsible public entity and the private entity in the
  499  course of the construction and operation of the qualifying
  500  project and in the event of the termination of the comprehensive
  501  agreement or a material default by the private entity. The
  502  procedures must include conditions that govern the assumption of
  503  the duties and responsibilities of the private entity by an
  504  entity that funded, in whole or part, the qualifying project or
  505  by the responsible public entity, and must provide for the
  506  transfer or purchase of property or other interests of the
  507  private entity by the responsible public entity.
  508         8. Fees, lease payments, or service payments. In
  509  negotiating user fees, the fees must be the same for persons
  510  using the facility under like conditions and must not materially
  511  discourage use of the qualifying project. The execution of the
  512  comprehensive agreement or a subsequent amendment is conclusive
  513  evidence that the fees, lease payments, or service payments
  514  provided for in the comprehensive agreement comply with this
  515  section. Fees or lease payments established in the comprehensive
  516  agreement as a source of revenue may be in addition to, or in
  517  lieu of, service payments.
  518         9. Duties of the private entity, including the terms and
  519  conditions that the responsible public entity determines serve
  520  the public purpose of this section.
  521         (b) The comprehensive agreement may include:
  522         1. An agreement by the responsible public entity to make
  523  grants or loans to the private entity from amounts received from
  524  the federal, state, or local government or an agency or
  525  instrumentality thereof.
  526         2. A provision under which each entity agrees to provide
  527  notice of default and cure rights for the benefit of the other
  528  entity, including, but not limited to, a provision regarding
  529  unavoidable delays.
  530         3. A provision that terminates the authority and duties of
  531  the private entity under this section and dedicates the
  532  qualifying project to the responsible public entity or, if the
  533  qualifying project was initially dedicated by an affected local
  534  jurisdiction, to the affected local jurisdiction for public use.
  535         (8)(10) FEES.—A comprehensive An agreement entered into
  536  pursuant to this section may authorize the private entity to
  537  impose fees to members of the public for the use of the
  538  facility. The following provisions apply to the comprehensive
  539  agreement:
  540         (a) The responsible public entity may develop new
  541  facilities or increase capacity in existing facilities through a
  542  comprehensive agreement with a private entity agreements with
  543  public-private partnerships.
  544         (b) The comprehensive public-private partnership agreement
  545  must ensure that the facility is properly operated, maintained,
  546  or improved in accordance with standards set forth in the
  547  comprehensive agreement.
  548         (c) The responsible public entity may lease existing fee
  549  for-use facilities through a comprehensive public-private
  550  partnership agreement.
  551         (d) Any revenues must be authorized by and applied in the
  552  manner set forth in regulated by the responsible public entity
  553  pursuant to the comprehensive agreement.
  554         (e) A negotiated portion of revenues from fee-generating
  555  uses may must be returned to the responsible public entity over
  556  the life of the comprehensive agreement.
  557         (9)(11) FINANCING.—
  558         (a) A private entity may enter into a private-source
  559  financing agreement between financing sources and the private
  560  entity. A financing agreement and any liens on the property or
  561  facility must be paid in full at the applicable closing that
  562  transfers ownership or operation of the facility to the
  563  responsible public entity at the conclusion of the term of the
  564  comprehensive agreement.
  565         (b) The responsible public entity may lend funds to private
  566  entities that construct projects containing facilities that are
  567  approved under this section.
  568         (c) The responsible public entity may use innovative
  569  finance techniques associated with a public-private partnership
  570  under this section, including, but not limited to, federal loans
  571  as provided in Titles 23 and 49 C.F.R., commercial bank loans,
  572  and hedges against inflation from commercial banks or other
  573  private sources. In addition, the responsible public entity may
  574  provide its own capital or operating budget to support a
  575  qualifying project. The budget may be from any legally
  576  permissible funding sources of the responsible public entity,
  577  including the proceeds of debt issuances. A responsible public
  578  entity may use the model financing agreement provided in s.
  579  489.145(6) for its financing of a facility owned by a
  580  responsible public entity. A financing agreement may not require
  581  the responsible public entity to indemnify the financing source,
  582  subject the responsible public entity’s facility to liens in
  583  violation of s. 11.066(5), or secure financing of by the
  584  responsible public entity by a mortgage on, or security interest
  585  in, the real or tangible personal property of the responsible
  586  public entity in a manner that could result in the loss of the
  587  fee ownership of the property by the responsible public entity
  588  with a pledge of security interest, and any such provision is
  589  void.
  590         (d)A responsible public entity shall appropriate on a
  591  priority basis as required by the comprehensive agreement a
  592  contractual payment obligation, annual or otherwise, from the
  593  enterprise or other government fund from which the qualifying
  594  projects will be funded. This required payment obligation must
  595  be appropriated before other noncontractual obligations payable
  596  from the same enterprise or other government fund.
  598         (a) The private entity shall:
  599         1. Develop or operate the qualifying project in a manner
  600  that is acceptable to the responsible public entity in
  601  accordance with the provisions of the comprehensive agreement.
  602         2. Maintain, or provide by contract for the maintenance or
  603  improvement of, the qualifying project if required by the
  604  comprehensive agreement.
  605         3. Cooperate with the responsible public entity in making
  606  best efforts to establish interconnection between the qualifying
  607  project and any other facility or infrastructure as requested by
  608  the responsible public entity in accordance with the provisions
  609  of the comprehensive agreement.
  610         4. Comply with the comprehensive agreement and any lease or
  611  service contract.
  612         (b) Each private facility that is constructed pursuant to
  613  this section must comply with the requirements of federal,
  614  state, and local laws; state, regional, and local comprehensive
  615  plans; the responsible public entity’s rules, procedures, and
  616  standards for facilities; and such other conditions that the
  617  responsible public entity determines to be in the public’s best
  618  interest and that are included in the comprehensive agreement.
  619         (c) The responsible public entity may provide services to
  620  the private entity. An agreement for maintenance and other
  621  services entered into pursuant to this section must provide for
  622  full reimbursement for services rendered for qualifying
  623  projects.
  624         (d) A private entity of a qualifying project may provide
  625  additional services for the qualifying project to the public or
  626  to other private entities if the provision of additional
  627  services does not impair the private entity’s ability to meet
  628  its commitments to the responsible public entity pursuant to the
  629  comprehensive agreement.
  630         (11)(13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the
  631  expiration or termination of a comprehensive agreement, the
  632  responsible public entity may use revenues from the qualifying
  633  project to pay current operation and maintenance costs of the
  634  qualifying project. If the private entity materially defaults
  635  under the comprehensive agreement, the compensation that is
  636  otherwise due to the private entity is payable to satisfy all
  637  financial obligations to investors and lenders on the qualifying
  638  project in the same way that is provided in the comprehensive
  639  agreement or any other agreement involving the qualifying
  640  project, if the costs of operating and maintaining the
  641  qualifying project are paid in the normal course. Revenues in
  642  excess of the costs for operation and maintenance costs may be
  643  paid to the investors and lenders to satisfy payment obligations
  644  under their respective agreements. A responsible public entity
  645  may terminate with cause and without prejudice a comprehensive
  646  agreement and may exercise any other rights or remedies that may
  647  be available to it in accordance with the provisions of the
  648  comprehensive agreement. The full faith and credit of the
  649  responsible public entity may not be pledged to secure the
  650  financing of the private entity. The assumption of the
  651  development or operation of the qualifying project does not
  652  obligate the responsible public entity to pay any obligation of
  653  the private entity from sources other than revenues from the
  654  qualifying project unless stated otherwise in the comprehensive
  655  agreement.
  656         (12)(14) SOVEREIGN IMMUNITY.—This section does not waive
  657  the sovereign immunity of a responsible public entity, an
  658  affected local jurisdiction, or an officer or employee thereof
  659  with respect to participation in, or approval of, any part of a
  660  qualifying project or its operation, including, but not limited
  661  to, interconnection of the qualifying project with any other
  662  infrastructure or project. A county or municipality in which a
  663  qualifying project is located possesses sovereign immunity with
  664  respect to the project, including, but not limited to, its
  665  design, construction, and operation.
  667         (a)A responsible public entity may provide a copy of its
  668  comprehensive agreement to the Department of Management
  669  Services. A responsible public entity must redact any
  670  confidential or exempt information from the copy of the
  671  comprehensive agreement before providing it to the Department of
  672  Management Services.
  673         (b)The Department of Management Services may accept and
  674  maintain copies of comprehensive agreements received from
  675  responsible public entities for the purpose of sharing
  676  comprehensive agreements with other responsible public entities.
  677         (c)This subsection does not require a responsible public
  678  entity to provide a copy of its comprehensive agreement to the
  679  Department of Management Services.
  680         (14)(15) CONSTRUCTION.—
  681         (a) This section shall be liberally construed to effectuate
  682  the purposes of this section.
  683         (b) This section shall be construed as cumulative and
  684  supplemental to any other authority or power vested in or
  685  exercised by the governing body board of a county, municipality,
  686  special district, or municipal hospital or health care system
  687  including those contained in acts of the Legislature
  688  establishing such public hospital boards or s. 155.40.
  689         (c) This section does not affect any agreement or existing
  690  relationship with a supporting organization involving such
  691  governing body board or system in effect as of January 1, 2013.
  692         (d)(a) This section provides an alternative method and does
  693  not limit a county, municipality, special district, or other
  694  political subdivision of the state in the procurement or
  695  operation of a qualifying project acquisition, design, or
  696  construction of a public project pursuant to other statutory or
  697  constitutional authority.
  698         (e)(b) Except as otherwise provided in this section, this
  699  section does not amend existing laws by granting additional
  700  powers to, or further restricting, a local governmental entity
  701  from regulating and entering into cooperative arrangements with
  702  the private sector for the planning, construction, or operation
  703  of a facility.
  704         (f)(c) This section does not waive any requirement of s.
  705  287.055.
  706         Section 2. This act shall take effect July 1, 2016.
  708  ================= T I T L E  A M E N D M E N T ================
  709  And the title is amended as follows:
  710         Delete everything before the enacting clause
  711  and insert:
  712                        A bill to be entitled                      
  713         An act relating to public-private partnerships;
  714         transferring, renumbering, and amending s. 287.05712,
  715         F.S.; revising definitions; deleting provisions
  716         creating the Public-Private Partnership Guidelines
  717         Task Force; requiring a private entity that submits an
  718         unsolicited proposal to pay an initial application fee
  719         and additional amounts if the fee does not cover
  720         certain costs; specifying payment methods; requiring a
  721         professional review and evaluation of design and
  722         construction to be completed for certain unsolicited
  723         proposals; specifying requirements; authorizing a
  724         responsible public entity to alter the statutory
  725         timeframe for accepting proposals for a qualifying
  726         project under certain circumstances; requiring a
  727         design criteria package to be submitted to a
  728         responsible public entity if such entity solicits
  729         specific proposals; deleting a provision that requires
  730         approval of the local governing body before a school
  731         board enters into a comprehensive agreement; revising
  732         the conditions necessary for a responsible public
  733         entity to approve a comprehensive agreement; deleting
  734         provisions relating to notice to affected local
  735         jurisdictions; providing that fees imposed by a
  736         private entity must be applied as set forth in the
  737         comprehensive agreement; authorizing a negotiated
  738         portion of revenues from fee-generating uses to be
  739         returned to the responsible public entity; restricting
  740         provisions in financing agreements that could result
  741         in a responsible public entity’s losing ownership of
  742         real or tangible personal property; deleting a
  743         provision that required a responsible public entity to
  744         comply with specific financial obligations; providing
  745         duties of the Department of Management Services
  746         relating to comprehensive agreements; revising
  747         provisions relating to construction of the act;
  748         providing an effective date.