SENATE AMENDMENT
    Bill No. CS for SB 676
    Amendment No. ___   Barcode 681920
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 01:58 PM         .                    
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11  Senator Sebesta moved the following amendment to amendment
12  (323906):
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14         Senate Amendment (with title amendment) 
15         On page 78, between lines 29 and 30,
16  
17  insert:  
18         Section 41.  Section 334.30, Florida Statutes, is
19  amended to read:
20         334.30  Private transportation facilities.--The
21  Legislature hereby finds and declares that there is a public
22  need for rapid construction of safe and efficient
23  transportation facilities for the purpose of travel within the
24  state, and that it is in the public's interest to provide for
25  public-private partnership agreements to effectuate the
26  construction of additional safe, convenient, and economical
27  transportation facilities.
28         (1)  The department may receive or solicit proposals
29  and, with legislative approval by a separate bill for each
30  facility, enter into agreements with private entities, or
31  consortia thereof, for the building, operation, ownership, or
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    5:38 PM   04/30/03                               s0676.tr16.2c

SENATE AMENDMENT Bill No. CS for SB 676 Amendment No. ___ Barcode 681920 1 financing of transportation facilities as provided in 2 subsection (2). The department may adopt rules to implement 3 this section and shall by rule establish an application fee 4 for the submission of proposals under this section. The fee 5 must be sufficient to pay the costs of evaluating the 6 proposals. The department may engage the services of private 7 consultants to assist in the evaluation. Before seeking 8 legislative approval, The department must determine that the 9 proposed project: 10 (a) Is in the public's best interest.; 11 (b) Complies with the provisions of subsection (2). 12 Would not require state funds to be used unless there is an 13 overriding state interest; and 14 (c) Would have adequate safeguards in place to ensure 15 that no additional costs or service disruptions would be 16 realized by the traveling public and citizens of the state in 17 the event of default or cancellation of the agreement by the 18 department. 19 20 The department shall ensure that all reasonable costs to the 21 state related to transportation facilities that are not part 22 of the State Highway System are borne by the public-private 23 entity. The department shall also ensure that all reasonable 24 costs to the state and substantially affected local 25 governments and utilities, related to the private 26 transportation facility, are borne by the public-private 27 private entity for transportation facilities that are owned by 28 private entities. 29 (2)(a) Public-private partnerships or private entities 30 may advance projects programmed in the first 3 years of the 31 adopted work program to be reimbursed from department funds 2 5:38 PM 04/30/03 s0676.tr16.2c
SENATE AMENDMENT Bill No. CS for SB 676 Amendment No. ___ Barcode 681920 1 for the project as programmed in the adopted work program. 2 (b) Public-private partnerships or private entities 3 may advance projects programmed in the 4th and 5th years of 4 the adopted work program to be reimbursed from department 5 funds for the project as programmed in the adopted work 6 program. The total capital costs to the department for all 7 projects advanced under this paragraph may not exceed $50 8 million without specific project approval by the Legislature. 9 (c) Public-private partnerships or private entities 10 may advance projects on the Florida Intrastate Highway System 11 programmed in the adopted 5-year work program to be reimbursed 12 from department funds for the project as programmed in the 13 adopted work program. 14 (d) Public-private partnerships or private entities 15 may advance projects that are not programmed in the adopted 16 5-year work program but are on the State Highway System and 17 included in the local metropolitan planning organization's or 18 the department's long-range transportation plans, to be 19 reimbursed from department funds beyond the adopted 5-year 20 work program. The total capital costs to the department for 21 all projects advanced under this paragraph may not exceed $50 22 million without specific project approval by the Legislature. 23 (3) The department may request proposals from 24 public-private transportation projects or, if the department 25 receives an unsolicited proposal, the department shall publish 26 a notice in the Florida Administrative Weekly and a newspaper 27 of general circulation at least once a week for 2 weeks 28 stating that the department has received the proposal and will 29 accept, for 60 days after the initial date of publication, 30 other proposals for the same project purpose. A copy of the 31 notice must be mailed to each local government in the affected 3 5:38 PM 04/30/03 s0676.tr16.2c
SENATE AMENDMENT Bill No. CS for SB 676 Amendment No. ___ Barcode 681920 1 area. After the public notification period has expired, the 2 department shall rank the proposals in order of preference. In 3 ranking the proposals the department may consider the 4 following factors, including, but not limited to, professional 5 qualification, general business terms, innovative engineering 6 or cost-reduction terms, finance plans, and the need for state 7 funds to deliver the proposal. The department shall negotiate 8 with the top-ranked proposer in good faith, and if the 9 department is not satisfied with the results of the 10 negotiations, the department may, at its sole discretion, 11 terminate negotiations with the proposer. If these 12 negotiations are unsuccessful, the department may go to the 13 second and lower-ranked firms, in order, using this same 14 procedure. If only one proposal is received, the department 15 may negotiate in good faith, and, if the department is not 16 satisfied with the results of the negotiations, the department 17 may, at its sole discretion, terminate negotiations with the 18 proposers. Notwithstanding this subsection, the department 19 may, at its discretion, reject all proposals at any point in 20 the process up to completion of a contract with the proposer. 21 (4)(2) Agreements entered into pursuant to this 22 section may authorize the private entity to impose tolls or 23 fares for the use of the facility. However, the amount and 24 use of toll or fare revenues may be regulated by the 25 department to avoid unreasonable costs to users of the 26 facility. 27 (5)(3) Each private transportation facility 28 constructed pursuant to this section shall comply with all 29 requirements of federal, state, and local laws; state, 30 regional, and local comprehensive plans; department rules, 31 policies, procedures, and standards for transportation 4 5:38 PM 04/30/03 s0676.tr16.2c
SENATE AMENDMENT Bill No. CS for SB 676 Amendment No. ___ Barcode 681920 1 facilities; and any other conditions which the department 2 determines to be in the public's best interest. 3 (6)(4) The department may exercise any power possessed 4 by it, including eminent domain, with respect to the 5 development and construction of state transportation projects 6 to facilitate the development and construction of 7 transportation projects pursuant to this section. For 8 public-private facilities located on the State Highway System, 9 the department may pay all or part of the cost of operating 10 and maintaining the facility. For facilities not located on 11 the State Highway System, the The department may provide 12 services to the private entity and. agreements for 13 maintenance, law enforcement, and other services entered into 14 pursuant to this section shall provide for full reimbursement 15 for services rendered. 16 (7)(5) Except as herein provided, the provisions of 17 this section are not intended to amend existing laws by 18 granting additional powers to, or further restricting, local 19 governmental entities from regulating and entering into 20 cooperative arrangements with the private sector for the 21 planning, construction, and operation of transportation 22 facilities. 23 (8) Expressway authorities created under ch. 348 may 24 enter into public-private partnerships only as provided in 25 this section. 26 (9)(6) Notwithstanding s. 341.327, a fixed-guideway 27 transportation system authorized by the department to be 28 wholly or partially within the department's right-of-way 29 pursuant to a lease granted under s. 337.251 may operate at 30 any safe speed. 31 5 5:38 PM 04/30/03 s0676.tr16.2c
SENATE AMENDMENT Bill No. CS for SB 676 Amendment No. ___ Barcode 681920 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 106, line 18, after the first semicolon 7 8 insert: 9 amending s. 334.30, F.S.; providing for 10 public-private partnership agreements for 11 transportation facilities without prior 12 legislative approval; authorizing the 13 department to adopt rules; providing 14 requirements for projects advanced by a 15 public-private partnership or private entity; 16 authorizing the department to request 17 proposals; requiring notice; providing 18 requirements for ranking proposals; extending 19 such authority to expressway authorities; 20 21 22 23 24 25 26 27 28 29 30 31 6 5:38 PM 04/30/03 s0676.tr16.2c