CS/CS/HB 1055

1
A bill to be entitled
2An act relating to the taxation of public-private
3transportation facilities; amending s. 334.30, F.S.;
4providing legislative recognition; providing that private
5entities or consortia thereof shall be treated as
6governmental entities for ad valorem taxation purposes
7under certain circumstances; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsection (1) of section 334.30, Florida
12Statutes, is amended to read:
13     334.30  Public-private transportation facilities.--The
14Legislature finds and declares that there is a public need for
15the rapid construction of safe and efficient transportation
16facilities for the purpose of traveling within the state, and
17that it is in the public's interest to provide for the
18construction of additional safe, convenient, and economical
19transportation facilities.
20     (1)  The department may receive or solicit proposals and,
21with legislative approval as evidenced by approval of the
22project in the department's work program, enter into agreements
23with private entities, or consortia thereof, for the building,
24operation, ownership, or financing of transportation facilities.
25The department may advance projects programmed in the adopted 5-
26year work program or projects increasing transportation capacity
27and greater than $500 million in the 10-year Strategic
28Intermodal Plan using funds provided by public-private
29partnerships or private entities to be reimbursed from
30department funds for the project as programmed in the adopted
31work program. The department shall by rule establish an
32application fee for the submission of unsolicited proposals
33under this section. The fee must be sufficient to pay the costs
34of evaluating the proposals. The department may engage the
35services of private consultants to assist in the evaluation.
36Before approval, the department must determine that the proposed
37project:
38     (a)  Is in the public's best interest;
39     (b)  Would not require state funds to be used unless the
40project is on the State Highway System;
41     (c)  Would have adequate safeguards in place to ensure that
42no additional costs or service disruptions would be realized by
43the traveling public and residents of the state in the event of
44default or cancellation of the agreement by the department;
45     (d)  Would have adequate safeguards in place to ensure that
46the department or the private entity has the opportunity to add
47capacity to the proposed project and other transportation
48facilities serving similar origins and destinations; and
49     (e)  Would be owned by the department upon completion or
50termination of the agreement.
51
52The department shall ensure that all reasonable costs to the
53state, related to transportation facilities that are not part of
54the State Highway System, are borne by the private entity. The
55department shall also ensure that all reasonable costs to the
56state and substantially affected local governments and
57utilities, related to the private transportation facility, are
58borne by the private entity for transportation facilities that
59are owned by private entities. For projects on the State Highway
60System, the department may use state resources to participate in
61funding and financing the project as provided for under the
62department's enabling legislation. Because the Legislature
63recognizes the private entities or consortia thereof would
64perform a governmental or public purpose or function, the
65private entities or consortia thereof, shall be treated, for ad
66valorem tax purposes, as a government entity with respect to the
67design, construction, operation, and maintenance of the
68transportation facility.
69     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.