| 1 | A bill to be entitled |
| 2 | An act relating to the taxation of public-private |
| 3 | transportation facilities; amending s. 334.30, F.S.; |
| 4 | exempting certain public-private transportation facilities |
| 5 | from certain specified taxes and special assessments; |
| 6 | excluding certain taxes from such exemption; providing an |
| 7 | effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsection (1) of section 334.30, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 334.30 Public-private transportation facilities.--The |
| 14 | Legislature finds and declares that there is a public need for |
| 15 | the rapid construction of safe and efficient transportation |
| 16 | facilities for the purpose of traveling within the state, and |
| 17 | that it is in the public's interest to provide for the |
| 18 | construction of additional safe, convenient, and economical |
| 19 | transportation facilities. |
| 20 | (1) The department may receive or solicit proposals and, |
| 21 | with legislative approval as evidenced by approval of the |
| 22 | project in the department's work program, enter into agreements |
| 23 | with private entities, or consortia thereof, for the building, |
| 24 | operation, ownership, or financing of transportation facilities. |
| 25 | The department may advance projects programmed in the adopted 5- |
| 26 | year work program or projects increasing transportation capacity |
| 27 | and greater than $500 million in the 10-year Strategic |
| 28 | Intermodal Plan using funds provided by public-private |
| 29 | partnerships or private entities to be reimbursed from |
| 30 | department funds for the project as programmed in the adopted |
| 31 | work program. The department shall by rule establish an |
| 32 | application fee for the submission of unsolicited proposals |
| 33 | under this section. The fee must be sufficient to pay the costs |
| 34 | of evaluating the proposals. The department may engage the |
| 35 | services of private consultants to assist in the evaluation. |
| 36 | Before approval, the department must determine that the proposed |
| 37 | project: |
| 38 | (a) Is in the public's best interest; |
| 39 | (b) Would not require state funds to be used unless the |
| 40 | project is on the State Highway System; |
| 41 | (c) Would have adequate safeguards in place to ensure that |
| 42 | no additional costs or service disruptions would be realized by |
| 43 | the traveling public and residents of the state in the event of |
| 44 | default or cancellation of the agreement by the department; |
| 45 | (d) Would have adequate safeguards in place to ensure that |
| 46 | the department or the private entity has the opportunity to add |
| 47 | capacity to the proposed project and other transportation |
| 48 | facilities serving similar origins and destinations; and |
| 49 | (e) Would be owned by the department upon completion or |
| 50 | termination of the agreement. |
| 51 |
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| 52 | The department shall ensure that all reasonable costs to the |
| 53 | state, related to transportation facilities that are not part of |
| 54 | the State Highway System, are borne by the private entity. The |
| 55 | department shall also ensure that all reasonable costs to the |
| 56 | state and substantially affected local governments and |
| 57 | utilities, related to the private transportation facility, are |
| 58 | borne by the private entity for transportation facilities that |
| 59 | are owned by private entities. For projects on the State Highway |
| 60 | System, the department may use state resources to participate in |
| 61 | funding and financing the project as provided for under the |
| 62 | department's enabling legislation. The transportation |
| 63 | facilities, together with any interest of, revenues received by, |
| 64 | and payments made to the state by, any private entities or |
| 65 | consortia thereof, that enter into agreements with the |
| 66 | department for the building, operation, ownership, or financing |
| 67 | of transportation facilities pursuant to this section which are |
| 68 | derived or arise from such agreements, together with any such |
| 69 | agreements, shall be exempt from all taxes and special |
| 70 | assessments of the state or any city, town, county, special |
| 71 | district, or political subdivision of the state, including |
| 72 | without limitation, ad valorem taxes, documentary stamp taxes, |
| 73 | intangible taxes, and any sale taxes; but excluded from such |
| 74 | exemption are any applicable corporate taxes, any taxes due as a |
| 75 | result of subleases, sublicenses, or retail sales agreements, |
| 76 | and any sales tax due on the sale of tangible personal property. |
| 77 | Section 2. This act shall take effect upon becoming a law. |