House Bill hb0435

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    Florida House of Representatives - 2002                 HB 435

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to transportation; amending s.

  3         334.30, F.S.; providing for public-private

  4         transportation facilities; eliminating the

  5         requirement that the Legislature approve such

  6         facilities; providing requirements for the use

  7         of funds from the State Transportation Trust

  8         Fund; providing requirements with respect to

  9         proposals; providing for specific project

10         approval by the Legislature for certain

11         projects; authorizing the Department of

12         Transportation to create certain corporations

13         to shield the state from possible financial

14         risks for projects; authorizing the department

15         to lend certain funds to such corporations;

16         providing an effective date.

17

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

19

20         Section 1.  Section 334.30, Florida Statutes, is

21  amended to read:

22         334.30  Public-private Private transportation

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

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

25  efficient transportation facilities for the purpose of travel

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

27  provide for public-private partnership agreements to

28  effectuate the construction of additional safe, convenient,

29  and economical transportation facilities.

30         (1)  The department may receive or solicit proposals

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

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    Florida House of Representatives - 2002                 HB 435

    720-134A-02






  1  facility, enter into agreements with private entities, or

  2  consortia thereof, for the building, operation, ownership, or

  3  financing of transportation facilities.  The department is

  4  authorized to adopt rules to implement this section and shall

  5  by rule establish an application fee for the submission of

  6  proposals under this section.  The fee must be sufficient to

  7  pay the costs of evaluating the proposals.  The department may

  8  engage the services of private consultants to assist in the

  9  evaluation. Before seeking legislative approval, the

10  department must determine that the proposed project:

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

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

13  there is an overriding state interest; however, the department

14  may use state resources for a transportation facility project

15  that is on the State Highway System or that provides for

16  increased mobility on the state's transportation system. and

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

18  that no additional costs or service disruptions would be

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

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

21  department.

22

23  The department shall ensure that all reasonable costs to the

24  state and substantially affected local governments and

25  utilities, related to the private transportation facility, are

26  borne by the private entity.

27         (2)  The use of funds from the State Transportation

28  Trust Fund is limited to advancing projects already programmed

29  in the adopted 5-year work program or to no more than a

30  statewide total of $50 million in capital costs for all

31  projects not programmed in the adopted 5-year work program.

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    Florida House of Representatives - 2002                 HB 435

    720-134A-02






  1         (3)  The department may request proposals for

  2  public-private transportation projects or, if the department

  3  receives a proposal, shall publish a notice in the Florida

  4  Administrative Weekly and a newspaper of general circulation

  5  at least once a week for 2 weeks, stating that the department

  6  has received the proposal and will accept, for 60 days after

  7  the initial date of publication, other proposals for the same

  8  project purpose. A copy of the notice must be mailed to each

  9  local government in the affected area. Notwithstanding any

10  other provision of law, entities selected by the department in

11  this manner shall be deemed to have complied with all open

12  competition provisions of law.

13         (4)  The department shall not commit funds in excess of

14  the limitation in subsection (2) without specific project

15  approval by the Legislature.

16         (5)(2)  Agreements entered into pursuant to this

17  section may authorize the private entity to impose tolls or

18  fares for the use of the facility.  However, the amount and

19  use of toll or fare revenues may be regulated by the

20  department to avoid unreasonable costs to users of the

21  facility.

22         (6)(3)  Each private transportation facility

23  constructed pursuant to this section shall comply with all

24  requirements of federal, state, and local laws; state,

25  regional, and local comprehensive plans; department rules,

26  policies, procedures, and standards for transportation

27  facilities; and any other conditions which the department

28  determines to be in the public's best interest.

29         (7)(4)  The department may exercise any power possessed

30  by it, including eminent domain, with respect to the

31  development and construction of state transportation projects

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    Florida House of Representatives - 2002                 HB 435

    720-134A-02






  1  to facilitate the development and construction of

  2  transportation projects pursuant to this section. For

  3  public-private facilities located on the State Highway System,

  4  the department may pay all or part of the cost of operating

  5  and maintaining the facility. For facilities not located on

  6  the State Highway System, the department may provide services

  7  to the private entity and. agreements for maintenance, law

  8  enforcement, and other services entered into pursuant to this

  9  section shall provide for full reimbursement for services

10  rendered.

11         (8)(5)  Except as herein provided, the provisions of

12  this section are not intended to amend existing laws by

13  granting 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         (9)  The department shall have the authority to create

19  or assist in the creation of tax-exempt, public-purpose

20  chapter 63-20 corporations as provided for under the Internal

21  Revenue Code for the purpose of shielding the state from

22  possible financing risks for projects under this section.

23  Chapter 63-20 corporations may receive State Transportation

24  Trust Fund grants from the department. The department shall be

25  empowered to enter into public-private partnership agreements

26  with chapter 63-20 corporations for projects under this

27  section.

28         (10)  The department may lend funds from the Toll

29  Facilities Revolving Trust Fund, as outlined in s. 338.251, to

30  chapter 63-20 corporations that propose projects containing

31  toll facilities. To be eligible, the chapter 63-20 corporation

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    Florida House of Representatives - 2002                 HB 435

    720-134A-02






  1  must meet the provisions of s. 338.251 and must also provide

  2  credit support, such as a letter of credit or other means

  3  acceptable to the department, to ensure the loans will be

  4  repaid as required by law.

  5         (11)(6)  Notwithstanding s. 341.327, a fixed-guideway

  6  transportation system authorized by the department to be

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

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

  9  any safe speed.

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

11  law.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Provides for public-private transportation facilities.
16    Deletes the requirement for legislative approval of such
      facilities, provides requirements for the use of funds
17    from the State Transportation Trust Fund, and provides
      requirements with respect to proposals. Provides for
18    specific project approval by the Legislature. See bill
      for details.
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