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
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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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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.
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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
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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
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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
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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
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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
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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
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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
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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;
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