House Bill hb0417

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    Florida House of Representatives - 2001                 HB 417

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to public transportation;

  3         amending s. 334.30, F.S.; providing for

  4         public-private partnership agreements for

  5         transportation facilities; providing an

  6         effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 334.30, Florida Statutes, is

11  amended to read:

12         334.30  Public-private private transportation

13  facilities.--The Legislature hereby finds and declares that

14  there is a public need for rapid construction of safe and

15  efficient transportation facilities for the purpose of travel

16  within the state, and that it is in the public's interest to

17  provide for public-private partnership agreements to

18  effectuate the construction of additional safe, convenient,

19  and economical transportation facilities.

20         (1)  The department may receive or solicit proposals

21  and, with legislative approval by a separate bill for each

22  facility, enter into public-private partnership agreements

23  with private entities, or consortia thereof, for the building,

24  operation, ownership, or financing of transportation

25  facilities. The department shall by rule establish an

26  application fee for the submission of proposals under this

27  section. The fee must be sufficient to pay the costs of

28  evaluating the proposals. The department may engage the

29  services of private consultants to assist in the evaluation.

30  Before seeking legislative approval, the department must

31  determine that the proposed project:

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  1         (a)  Is in the public's best interest;

  2         (b)  Would not require state funds to be used unless

  3  there is a reasonable public interest to invest state funds an

  4  overriding state interest; and

  5         (c)  Would have adequate safeguards in place to ensure

  6  that no additional costs or service disruptions would be

  7  realized by the traveling public and citizens of the state in

  8  the event of default or cancellation of the agreement by the

  9  department.

10

11  The department shall ensure, to the extent feasible, that all

12  reasonable costs to the state and substantially affected local

13  governments and utilities, related to the private

14  transportation facility, are borne by the private entity, are

15  paid from the revenue proceeds from the proposed project, or

16  are mutually accepted and agreed upon by the affected public

17  entities.

18         (2)  Agreements entered into pursuant to this section

19  may authorize the private entity to impose tolls or fares for

20  the use of the facility. However, the amount and use of toll

21  or fare revenues may be regulated by the department to avoid

22  unreasonable costs to users of the facility.

23         (3)  Each private transportation facility constructed

24  pursuant to this section shall comply with all requirements of

25  federal, state, and local laws; state, regional, and local

26  comprehensive plans; department rules, policies, procedures,

27  and standards for transportation facilities; and any other

28  conditions which the department determines to be in the

29  public's best interest.

30         (4)  The department may exercise any power possessed by

31  it, including eminent domain, with respect to the development

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  1  and construction of state transportation projects to

  2  facilitate the development and construction of transportation

  3  projects pursuant to this section. The department may provide

  4  services necessary to operate and maintain the project to the

  5  private entity. Agreements for maintenance, law enforcement,

  6  and other services entered into pursuant to this section shall

  7  provide for full reimbursement for services rendered, to the

  8  extent feasible. If deemed necessary or appropriate by the

  9  secretary, the department may employ public sources of funding

10  to provide operations and maintenance services.

11         (5)  Except as herein provided, the provisions of this

12  section are not intended to amend existing laws by granting

13  additional powers to, or further restricting, local

14  governmental entities from regulating and entering into

15  cooperative arrangements with the private sector for the

16  planning, construction, and operation of transportation

17  facilities.

18         (6)  Notwithstanding s. 341.327, a fixed-guideway

19  transportation system authorized by the department to be

20  wholly or partially within the department's right-of-way

21  pursuant to a lease granted under s. 337.251 may operate at

22  any safe speed.

23         (7)  The department shall draft implementing rules

24  pursuant to this section, including rules to solicit

25  competitive proposals for projects identified by the

26  department, and to consider and accept unsolicited proposals

27  in the order in which they are received. In accepting an

28  unsolicited proposal and entering into an agreement for the

29  building, operation, ownership, or financing of a

30  transportation facility pursuant to this section, the

31

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  1  department and the private entity shall, for all purposes, be

  2  deemed to have complied with chapters 255, 287, and 337.

  3         (8)  Notwithstanding s. 334.30(1), legislative approval

  4  by a separate bill shall not be required in order for the

  5  department and a private entity to enter into agreements for

  6  the building, operation, ownership, or financing of

  7  transportation facilities pursuant to this section upon a

  8  determination by the secretary that such transportation

  9  facilities:

10         (a)  Are included in the long-range transportation plan

11  of the applicable metropolitan planning organization.

12         (b)  Do not require the exercise of the power of

13  eminent domain by the department.

14         (c)  Result in minimal environmental impacts as

15  evidenced by an approved "environmental determination" (FDOT

16  form 650-040-02 or its successor) that finds the proposed

17  improvements are classified as requiring a "Type 2 Categorical

18  Exclusion" or result in the department making an approved

19  written finding that the proposed improvements are classified

20  as having even less impact than a "Type 2 Categorical

21  Exclusion" (such as a "Type 1 Categorical Exclusion" or a

22  "Programmatic Exclusion").

23         (d)  Do not require state funding from sources outside

24  the district or districts of the department in which the

25  transportation facilities are located except for state

26  infrastructure bank (SIB) loans, loan guarantees, and other

27  forms of debt financing.

28         (e)  Have received the approval of the Governor and the

29  Secretary of Transportation.

30         Section 2.  This act shall take effect upon becoming a

31  law.

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  2                          HOUSE SUMMARY

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      Provides for public-private partnership agreements for
  4    transportation facilities. See bill for details.

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