Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Webster) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 26, between lines 30 and 31,
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17 insert:
18 Section 18. Section 334.30, F.S., is amended to read:
19 334.30 Public-private transportation facilities.--The
20 Legislature hereby finds and declares that there is a public
21 need for rapid construction of safe and efficient
22 transportation facilities for the purpose of travel within the
23 state, and that it is in the public's interest to provide for
24 the construction of additional safe, convenient, and
25 economical transportation facilities.
26 (1) The department may receive or solicit proposals
27 and, with legislative approval as evidenced by approval of the
28 project in the department's work program, enter into
29 agreements with private entities, or consortia thereof, for
30 the building, operation, ownership, or financing of
31 transportation facilities which increase transportation
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 capacity. Except as provided in s. 337.25, s. 337.251, s.
2 338.234, and s. 338.235, the department may not sell or lease
3 any transportation facility owned by the department. The
4 department may advance projects programmed in the adopted
5 5-year work program using funds provided by public-private
6 partnerships or private entities to be reimbursed from
7 department funds for the project as programmed in the adopted
8 work program. The department shall by rule establish an
9 application fee for the submission of unsolicited proposals
10 under this section. The fee must be sufficient to pay the
11 costs of evaluating the proposals. The department may engage
12 the services of private consultants to assist in the
13 evaluation. Before approval, the department must determine
14 that the proposed project:
15 (a) Is in the public's best interest;
16 (b) Would not require state funds to be used unless
17 the project is on the State Highway System; and
18 (c) Would have adequate safeguards in place to ensure
19 that no additional costs or service disruptions would be
20 realized by the traveling public and citizens of the state in
21 the event of default or cancellation of the agreement by the
22 department.
23 (d) Would have adequate safeguards in place to ensure
24 the department or the private entity has the opportunity to
25 add capacity to the proposed project and other transportation
26 facilities serving similar origins and destinations.
27 (e) Would be owned by the department upon completion
28 or termination of the agreement.
29 (2) Agreements entered into pursuant to this section
30 may authorize the private entity to impose tolls or fares for
31 the use of the facility. However, the amount and use of toll
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 or fare revenues shall be regulated by the department to avoid
2 unreasonable costs to users of the facility.
3 (3) Each private transportation facility constructed
4 pursuant to this section shall comply with all requirements of
5 federal, state, and local laws; state, regional, and local
6 comprehensive plans; department rules, policies, procedures,
7 and standards for transportation facilities; and any other
8 conditions which the department determines to be in the
9 public's best interest.
10 (4) The department may exercise any power possessed by
11 it, including eminent domain, with respect to the development
12 and construction of state transportation projects to
13 facilitate the development and construction of transportation
14 projects pursuant to this section. The department may provide
15 services to the private entity. Agreements for maintenance,
16 law enforcement, and other services entered into pursuant to
17 this section shall provide for full reimbursement for services
18 rendered for projects not on the State Highway System.
19 (5) Except as herein provided, the provisions of this
20 section are not intended to amend existing laws by granting
21 additional powers to, or further restricting, local
22 governmental entities from regulating and entering into
23 cooperative arrangements with the private sector for the
24 planning, construction, and operation of transportation
25 facilities.
26 (6) The department may request proposals from private
27 entities for public-private transportation projects or, if the
28 department receives an unsolicited proposal, the department
29 shall publish a notice in the Florida Administrative Weekly
30 and a newspaper of general circulation at least once a week
31 for 2 weeks stating that the department has received the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 proposal and will accept, for 60 days after the initial date
2 of publication, other proposals for the same project purpose.
3 A copy of the notice must be mailed to each local government
4 in the affected area. After the public notification period has
5 expired, the department shall rank the proposals in order of
6 preference. In ranking the proposals the department may
7 consider factors, including, but not limited to, professional
8 qualifications, general business terms, innovative engineering
9 or cost-reduction terms, finance plans, and the need for state
10 funds to deliver the project. If the department is not
11 satisfied with the results of the negotiations, the department
12 may, at its sole discretion, terminate negotiations with the
13 proposer. If these negotiations are unsuccessful, the
14 department may go to the second-ranked and lower-ranked firms,
15 in order, using this same procedure. If only one proposal is
16 received, the department may negotiate in good faith and, if
17 the department is not satisfied with the results of the
18 negotiations, the department may, at its sole discretion,
19 terminate negotiations with the proposer. Notwithstanding this
20 subsection, the department may, at its discretion, reject all
21 proposals at any point in the process up to completion of a
22 contract with the proposer.
23 (7) The department may lend funds from the Toll
24 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
25 private entities that construct projects on the State Highway
26 System containing toll facilities that are approved under this
27 section. To be eligible, a private entity must comply with s.
28 338.251 and must provide an indication from a nationally
29 recognized rating agency that the senior bonds for the project
30 will be investment grade, or must provide credit support such
31 as a letter of credit or other means acceptable to the
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 department, to ensure that the loans will be fully repaid. The
2 state's liability for the funding of a facility is limited to
3 the amount approved for that specific facility in the
4 department's 5-year work program adopted pursuant to s.
5 339.135.
6 (8) A fixed-guideway transportation system authorized
7 by the department to be wholly or partially within the
8 department's right-of-way pursuant to a lease granted under s.
9 337.251 may operate at any safe speed.
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11 The department shall ensure that all reasonable costs to the
12 state, related to transportation facilities that are not part
13 of the State Highway System, are borne by the private entity.
14 The department shall also ensure that all reasonable costs to
15 the state and substantially affected local governments and
16 utilities, related to the private transportation facility, are
17 borne by the private entity for transportation facilities that
18 are owned by private entities. For projects on the State
19 Highway System, the department may use state resources to
20 participate in funding and financing the project as provided
21 for under the department's enabling legislation.
22 Section 19. Subsection (9) of section 348.0004,
23 Florida Statutes, is amended to read:
24 348.0004 Purposes and powers.--
25 (9) The Legislature declares that there is a public
26 need for rapid construction of safe and efficient
27 transportation facilities for travel within the state and that
28 it is in the public's interest to provide for public-private
29 partnership agreements to effectuate the construction of
30 additional safe, convenient, and economical transportation
31 facilities.
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 (a) Notwithstanding any other provision of the Florida
2 Expressway Authority Act, any expressway authority,
3 transportation authority, bridge authority, or toll authority
4 established under this part or any other statute may receive
5 or solicit proposals and enter into agreements with private
6 entities, or consortia thereof, for the building, operation,
7 ownership, or financing of expressway authority transportation
8 facilities or new transportation facilities within the
9 jurisdiction of the expressway authority which increase
10 transportation capacity. An authority may not sell or lease
11 any transportation facility owned by the authority. An
12 expressway authority is authorized to adopt rules to implement
13 this subsection and shall, by rule, establish an application
14 fee for the submission of unsolicited proposals under this
15 subsection. The fee must be sufficient to pay the costs of
16 evaluating the proposals. An expressway authority may engage
17 private consultants to assist in the evaluation. Before
18 approval, an expressway authority must determine that a
19 proposed project:
20 1. Is in the public's best interest.
21 2. Would not require state funds to be used unless the
22 project is on or provides increased mobility on the State
23 Highway System.
24 3. Would have adequate safeguards to ensure that no
25 additional costs or service disruptions would be realized by
26 the traveling public and residents citizens of the state in
27 the event of default or the cancellation of the agreement by
28 the expressway authority.
29 4. Would have adequate safeguards in place to ensure
30 the department or the private entity has the opportunity to
31 add capacity to the proposed project and other transportation
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 facilities serving similar origins and destinations.
2 5. Would be owned by the authority upon completion or
3 termination of the agreement.
4 (b) An expressway authority shall ensure that all
5 reasonable costs to the state which are, related to
6 transportation facilities that are not part of the State
7 Highway System, are borne by the private entity. An expressway
8 authority shall also ensure that all reasonable costs to the
9 state and substantially affected local governments and
10 utilities related to the private transportation facility are
11 borne by the private entity for transportation facilities that
12 are owned by private entities. For projects on the State
13 Highway System, the department may use state resources to
14 participate in funding and financing the project as provided
15 for under the department's enabling legislation.
16 (c) The expressway authority may request proposals for
17 public-private transportation projects or, if it receives an
18 unsolicited proposal, it must publish a notice in the Florida
19 Administrative Weekly and a newspaper of general circulation
20 in the county in which it is located at least once a week for
21 2 weeks, stating that it has received the proposal and will
22 accept, for 60 days after the initial date of publication,
23 other proposals for the same project purpose. A copy of the
24 notice must be mailed to each local government in the affected
25 areas. After the public notification period has expired, the
26 expressway authority shall rank the proposals in order of
27 preference. In ranking the proposals, the expressway authority
28 shall consider professional qualifications, general business
29 terms, innovative engineering or cost-reduction terms, finance
30 plans, and the need for state funds to deliver the proposal.
31 If the expressway authority is not satisfied with the results
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 of the negotiations, it may, at its sole discretion, terminate
2 negotiations with the proposer. If these negotiations are
3 unsuccessful, the expressway authority may go to the second
4 and lower-ranked firms, in order, using the same procedure. If
5 only one proposal is received, the expressway authority may
6 negotiate in good faith, and if it is not satisfied with the
7 results, it may, at its sole discretion, terminate
8 negotiations with the proposer. Notwithstanding this
9 paragraph, the expressway authority may, at its discretion,
10 reject all proposals at any point in the process up to
11 completion of a contract with the proposer.
12 (d) The department may lend funds from the Toll
13 Facilities Revolving Trust Fund, as outlined in s. 338.251, to
14 public-private partnerships. To be eligible, a private entity
15 must comply with s. 338.251 and must provide an indication
16 from a nationally recognized rating agency that the senior
17 bonds for the project will be investment grade or must provide
18 credit support, such as a letter of credit or other means
19 acceptable to the department, to ensure that the loans will be
20 fully repaid.
21 (e) Agreements entered into pursuant to this
22 subsection may authorize the public-private entity to impose
23 tolls or fares for the use of the facility. However, the
24 amount and use of toll or fare revenues shall be regulated by
25 the expressway authority to avoid unreasonable costs to users
26 of the facility.
27 (f) Each public-private transportation facility
28 constructed pursuant to this subsection shall comply with all
29 requirements of federal, state, and local laws; state,
30 regional, and local comprehensive plans; the expressway
31 authority's rules, policies, procedures, and standards for
8
8:00 AM 04/23/07 s2804.ta09.brk
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 transportation facilities; and any other conditions that the
2 expressway authority determines to be in the public's best
3 interest.
4 (g) An expressway authority may exercise any power
5 possessed by it, including eminent domain, to facilitate the
6 development and construction of transportation projects
7 pursuant to this subsection. An expressway authority may pay
8 all or part of the cost of operating and maintaining the
9 facility or may provide services to the private entity for
10 which it receives full or partial reimbursement for services
11 rendered.
12 (h) Except as herein provided, this subsection is not
13 intended to amend existing laws by granting additional powers
14 to or further restricting the governmental entities from
15 regulating and entering into cooperative arrangements with the
16 private sector for the planning, construction, and operation
17 of transportation facilities. Use of the powers granted in
18 this subsection may not subject a statutorily created
19 expressway authority, transportation authority, bridge
20 authority, or toll authority, other than one statutorily
21 created under this part, to any of the requirements of this
22 part other than those contained in this subsection.
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24 (Redesignate subsequent sections.)
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27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 4, line 3,after the semicolon
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31 insert:
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for CS for CS for SB 2804
Barcode 504538
1 amending s. 334.30, F.S.; authorizing the
2 Department of Transportation to enter into
3 agreements with private entities for the
4 building, operation, ownership, or financing of
5 transportation facilities; establishing
6 criteria for agreements; amending s. 338.0004,
7 F.S.; authorizing certain
8 transportation-related authorities to enter
9 into agreements with private entities for the
10 building, operation, ownership, or financing of
11 transportation facilities;
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