Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 1928
                        Barcode 844626
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 5/AD/2R          .                    
       04/30/2007 12:23 PM         .                    
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11  Senator Baker moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 66, line 20, through
15            page 70, line 13, delete those lines
16  
17  and insert:  
18         Section 28.  Section 334.30, Florida Statutes, is
19  amended to read:
20         334.30  Public-private transportation facilities.--The
21  Legislature hereby finds and declares that there is a public
22  need for the rapid construction of safe and efficient
23  transportation facilities for the purpose of traveling travel
24  within the state, and that it is in the public's interest to
25  provide for the construction of additional safe, convenient,
26  and economical transportation facilities.
27         (1)  The department may receive or solicit proposals
28  and, with legislative approval as evidenced by approval of the
29  project in the department's work program, enter into
30  agreements with private entities, or consortia thereof, for
31  the building, operation, ownership, or financing of
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    3:34 PM   04/28/07                              s1928.20tr.aaa

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 transportation facilities which increase transportation 2 capacity. Except as provided in s. 337.25, s. 337.251, s. 3 338.234, or s. 338.235, the department may not sell or lease 4 any transportation facility owned by the department. The 5 department may advance projects programmed in the adopted 6 5-year work program using funds provided by public-private 7 partnerships or private entities to be reimbursed from 8 department funds for the project as programmed in the adopted 9 work program. The department shall by rule establish an 10 application fee for the submission of unsolicited proposals 11 under this section. The fee must be sufficient to pay the 12 costs of evaluating the proposals. The department may engage 13 the services of private consultants to assist in the 14 evaluation. Before approval, the department must determine 15 that the proposed project: 16 (a) Is in the public's best interest; 17 (b) Would not require state funds to be used unless 18 the project is on the State Highway System; and 19 (c) Would have adequate safeguards in place to ensure 20 that no additional costs or service disruptions would be 21 realized by the traveling public and residents citizens of the 22 state in the event of default or cancellation of the agreement 23 by the department;. 24 (d) Would have adequate safeguards in place to ensure 25 that the department or the private entity has the opportunity 26 to add capacity to the proposed project and other 27 transportation facilities serving similar origins and 28 destinations; and 29 (e) Would be owned by the department upon completion 30 or termination of the agreement. 31 2 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 The department shall ensure that all reasonable costs to the 2 state, related to transportation facilities that are not part 3 of the State Highway System, are borne by the private entity. 4 The department shall also ensure that all reasonable costs to 5 the state and substantially affected local governments and 6 utilities, related to the private transportation facility, are 7 borne by the private entity for transportation facilities that 8 are owned by private entities. For projects on the State 9 Highway System, the department may use state resources to 10 participate in funding and financing the project as provided 11 for under the department's enabling legislation. 12 (2) Agreements entered into pursuant to this section 13 may authorize the private entity to impose tolls or fares for 14 the use of the facility. However, the amount and use of toll 15 or fare revenues shall be regulated by the department to avoid 16 unreasonable costs to users of the facility. 17 (3) Each private transportation facility constructed 18 pursuant to this section shall comply with all requirements of 19 federal, state, and local laws; state, regional, and local 20 comprehensive plans; department rules, policies, procedures, 21 and standards for transportation facilities; and any other 22 conditions which the department determines to be in the 23 public's best interest. 24 (4) The department may exercise any power possessed by 25 it, including eminent domain, with respect to the development 26 and construction of state transportation projects to 27 facilitate the development and construction of transportation 28 projects pursuant to this section. The department may provide 29 services to the private entity. Agreements for maintenance, 30 law enforcement, and other services entered into pursuant to 31 this section shall provide for full reimbursement for services 3 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 rendered for projects not on the State Highway System. 2 (5) Except as herein provided, the provisions of this 3 section are not intended to amend existing laws by granting 4 additional powers to, or further restricting, local 5 governmental entities from regulating and entering into 6 cooperative arrangements with the private sector for the 7 planning, construction, and operation of transportation 8 facilities. 9 (6) The department may request proposals from private 10 entities for public-private transportation projects or, if the 11 department receives an unsolicited proposal, the department 12 shall publish a notice in the Florida Administrative Weekly 13 and a newspaper of general circulation at least once a week 14 for 2 weeks stating that the department has received the 15 proposal and will accept, for 60 days after the initial date 16 of publication, other proposals for the same project purpose. 17 A copy of the notice must be mailed to each local government 18 in the affected area. After the public notification period has 19 expired, the department shall rank the proposals in order of 20 preference. In ranking the proposals the department may 21 consider factors, including, but not limited to, professional 22 qualifications, general business terms, innovative engineering 23 or cost-reduction terms, finance plans, and the need for state 24 funds to deliver the project. If the department is not 25 satisfied with the results of the negotiations, the department 26 may, at its sole discretion, terminate negotiations with the 27 proposer. If these negotiations are unsuccessful, the 28 department may go to the second-ranked and lower-ranked firms, 29 in order, using this same procedure. If only one proposal is 30 received, the department may negotiate in good faith and, if 31 the department is not satisfied with the results of the 4 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 negotiations, the department may, at its sole discretion, 2 terminate negotiations with the proposer. Notwithstanding this 3 subsection, The department may, at its discretion, reject all 4 proposals at any point in the process up to completion of a 5 contract with the proposer. 6 (7) The department may lend funds from the Toll 7 Facilities Revolving Trust Fund, as outlined in s. 338.251, to 8 private entities that construct projects on the State Highway 9 System containing toll facilities that are approved under this 10 section. To be eligible, a private entity must comply with s. 11 338.251 and must provide an indication from a nationally 12 recognized rating agency that the senior bonds for the project 13 will be investment grade, or must provide credit support such 14 as a letter of credit or other means acceptable to the 15 department, to ensure that the loans will be fully repaid. The 16 state's liability for the funding of a facility is limited to 17 the amount approved for that specific facility in the 18 department's 5-year work program adopted pursuant to s. 19 339.135. 20 (8) A fixed-guideway transportation system authorized 21 by the department to be wholly or partially within the 22 department's right-of-way pursuant to a lease granted under s. 23 337.251 may operate at any safe speed. 24 Section 29. Section 338.234, Florida Statutes, is 25 amended to read: 26 338.234 Granting concessions or selling along the 27 turnpike system; immunity from taxation.-- 28 (1) The department may enter into contracts or 29 licenses with any person for the sale of services or products 30 or business opportunities on the turnpike system, or the 31 turnpike enterprise may sell services, products, or business 5 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 opportunities on the turnpike system, which benefit the 2 traveling public or provide additional revenue to the turnpike 3 system. Services, business opportunities, and products 4 authorized to be sold include, but are not limited to, motor 5 fuel, vehicle towing, and vehicle maintenance services; food 6 with attendant nonalcoholic beverages; lodging, meeting rooms, 7 and other business services opportunities; advertising and 8 other promotional opportunities, which advertising and 9 promotions must be consistent with the dignity and integrity 10 of the state; state lottery tickets sold by authorized 11 retailers; games and amusements that operate by the 12 application of skill, not including games of chance as defined 13 in s. 849.16 or other illegal gambling games; Florida citrus, 14 goods promoting the state, or handmade goods produced within 15 the state; and travel information, tickets, reservations, or 16 other related services. However, the department, pursuant to 17 the grants of authority to the turnpike enterprise under this 18 section, shall not exercise the power of eminent domain solely 19 for the purpose of acquiring real property in order to provide 20 business services or opportunities, such as lodging and 21 meeting-room space on the turnpike system. 22 (2) The effectuation of the authorized purposes of the 23 Florida Intrastate Highway System and Florida Turnpike 24 Enterprise, created under this chapter, is for the benefit of 25 the people of the state, for the increase of their commerce 26 and prosperity, and for the improvement of their health and 27 living conditions and, because the system and enterprise 28 perform essential government functions in effectuating such 29 purposes, neither the turnpike enterprise nor any 30 nongovernment lessee or licensee renting, leasing, or 31 licensing real property from the turnpike enterprise, pursuant 6 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 to an agreement authorized by this section are required to pay 2 any commercial rental tax imposed under s. 212.031 on any 3 capital improvements constructed, improved, acquired, 4 installed, or used for such purposes. 5 Section 30. Subsection (9) of section 348.0004, 6 Florida Statutes, is amended to read: 7 348.0004 Purposes and powers.-- 8 (9) The Legislature declares that there is a public 9 need for the rapid construction of safe and efficient 10 transportation facilities for traveling travel within the 11 state and that it is in the public's interest to provide for 12 public-private partnership agreements to effectuate the 13 construction of additional safe, convenient, and economical 14 transportation facilities. 15 (a) Notwithstanding any other provision of the Florida 16 Expressway Authority Act, any expressway authority, 17 transportation authority, bridge authority, or toll authority 18 may receive or solicit proposals and enter into agreements 19 with private entities, or consortia thereof, for the building, 20 operation, ownership, or financing of expressway authority 21 transportation facilities or new transportation facilities 22 within the jurisdiction of the expressway authority which 23 increase transportation capacity. An authority may not sell or 24 lease any transportation facility owned by the authority. An 25 expressway authority is authorized to adopt rules to implement 26 this subsection and shall, by rule, establish an application 27 fee for the submission of unsolicited proposals under this 28 subsection. The fee must be sufficient to pay the costs of 29 evaluating the proposals. An expressway authority may engage 30 private consultants to assist in the evaluation. Before 31 approval, an expressway authority must determine that a 7 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 proposed project: 2 1. Is in the public's best interest. 3 2. Would not require state funds to be used unless the 4 project is on or provides increased mobility on the State 5 Highway System. 6 3. Would have adequate safeguards to ensure that no 7 additional costs or service disruptions would be realized by 8 the traveling public and residents citizens of the state in 9 the event of default or the cancellation of the agreement by 10 the expressway authority. 11 4. Would have adequate safeguards in place to ensure 12 that the department, the authority, or the private entity has 13 the opportunity to add capacity to the proposed project and 14 other transportation facilities serving similar origins and 15 destinations. 16 5. Would be owned by the authority upon completion or 17 termination of the agreement. 18 (b) An expressway authority shall ensure that all 19 reasonable costs to the state which are, related to 20 transportation facilities that are not part of the State 21 Highway System, are borne by the private entity. An expressway 22 authority shall also ensure that all reasonable costs to the 23 state and substantially affected local governments and 24 utilities related to the private transportation facility are 25 borne by the private entity for transportation facilities that 26 are owned by private entities. For projects on the State 27 Highway System, the department may use state resources to 28 participate in funding and financing the project as provided 29 for under the department's enabling legislation. 30 (c) The expressway authority may request proposals for 31 public-private transportation projects or, if it receives an 8 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 unsolicited proposal, it must publish a notice in the Florida 2 Administrative Weekly and a newspaper of general circulation 3 in the county in which it is located at least once a week for 4 2 weeks, stating that it has received the proposal and will 5 accept, for 60 days after the initial date of publication, 6 other proposals for the same project purpose. A copy of the 7 notice must be mailed to each local government in the affected 8 areas. After the public notification period has expired, the 9 expressway authority shall rank the proposals in order of 10 preference. In ranking the proposals, the expressway authority 11 shall consider professional qualifications, general business 12 terms, innovative engineering or cost-reduction terms, finance 13 plans, and the need for state funds to deliver the proposal. 14 If the expressway authority is not satisfied with the results 15 of the negotiations, it may, at its sole discretion, terminate 16 negotiations with the proposer. If these negotiations are 17 unsuccessful, the expressway authority may go to the second 18 and lower-ranked firms, in order, using the same procedure. If 19 only one proposal is received, the expressway authority may 20 negotiate in good faith, and if it is not satisfied with the 21 results, it may, at its sole discretion, terminate 22 negotiations with the proposer. Notwithstanding this 23 paragraph, The expressway authority may, at its discretion, 24 reject all proposals at any point in the process up to 25 completion of a contract with the proposer. 26 (d) The department may lend funds from the Toll 27 Facilities Revolving Trust Fund, as outlined in s. 338.251, to 28 public-private partnerships. To be eligible a private entity 29 must comply with s. 338.251 and must provide an indication 30 from a nationally recognized rating agency that the senior 31 bonds for the project will be investment grade or must provide 9 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 credit support, such as a letter of credit or other means 2 acceptable to the department, to ensure that the loans will be 3 fully repaid. 4 (e) Agreements entered into pursuant to this 5 subsection may authorize the public-private entity to impose 6 tolls or fares for the use of the facility. However, the 7 amount and use of toll or fare revenues shall be regulated by 8 the expressway authority to avoid unreasonable costs to users 9 of the facility. 10 (f) Each public-private transportation facility 11 constructed pursuant to this subsection shall comply with all 12 requirements of federal, state, and local laws; state, 13 regional, and local comprehensive plans; the expressway 14 authority's rules, policies, procedures, and standards for 15 transportation facilities; and any other conditions that the 16 expressway authority determines to be in the public's best 17 interest. 18 (g) An expressway authority may exercise any power 19 possessed by it, including eminent domain, to facilitate the 20 development and construction of transportation projects 21 pursuant to this subsection. An expressway authority may pay 22 all or part of the cost of operating and maintaining the 23 facility or may provide services to the private entity for 24 which it receives full or partial reimbursement for services 25 rendered. 26 (h) Except as herein provided, this subsection is not 27 intended to amend existing laws by granting additional powers 28 to or further restricting the governmental entities from 29 regulating and entering into cooperative arrangements with the 30 private sector for the planning, construction, and operation 31 of transportation facilities. Use of the powers granted in 10 3:34 PM 04/28/07 s1928.20tr.aaa
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 1928 Barcode 844626 1 this subsection do not subject a statutorily created 2 expressway authority, transportation authority, bridge 3 authority, or toll authority, other than one created under 4 this part, to any of the requirements of this part other than 5 those contained in this subsection. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 6,line 25,after the semicolon 13 14 insert: 15 amending s. 334.30, F.S.; authorizing the 16 Department of Transportation to enter into 17 agreements with private entities for the 18 building, operation, ownership, or financing of 19 transportation facilities; revising criteria 20 for approving agreements; amending s. 338.234, 21 F.S.; granting the Florida Turnpike Enterprise, 22 its lessees, and licensees an exemption from 23 paying commercial rental tax on capital 24 improvements; 25 26 27 28 29 30 31 11 3:34 PM 04/28/07 s1928.20tr.aaa