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: |
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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. |
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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. |