Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/SB 582, 1st Eng.
       
       
       
       
       
       
                                Barcode 681540                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             04/27/2009 02:48 PM       .                                
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       Senator Aronberg moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 653 and 654
    4  insert:
    5         Section 16. Paragraph (a) of subsection (9) of section
    6  348.0004, Florida Statutes, is amended to read:
    7         348.0004 Purposes and powers.—
    8         (9) The Legislature declares that there is a public need
    9  for the rapid construction of safe and efficient transportation
   10  facilities for traveling within the state and that it is in the
   11  public’s interest to provide for public-private partnership
   12  agreements to effectuate the construction of additional safe,
   13  convenient, and economical transportation facilities.
   14         (a) Notwithstanding any other provision of the Florida
   15  Expressway Authority Act, any expressway authority,
   16  transportation authority, bridge authority, or toll authority
   17  may receive or solicit proposals and enter into agreements with
   18  private entities, or consortia thereof, for the building,
   19  operation, ownership, or financing of authority transportation
   20  facilities, subject to the approval of the Legislature, for any
   21  newly constructed facility or new transportation facilities
   22  within the jurisdiction of the authority which increase
   23  transportation capacity. An authority may not sell or lease any
   24  transportation facility owned by the authority, without
   25  providing the analysis required in s. 334.30(6)(e)2. to the
   26  Legislative Budget Commission created pursuant to s. 11.90 for
   27  review and approval prior to awarding a contract on a lease of
   28  an existing toll facility. An authority is authorized to adopt
   29  rules to implement this subsection and shall, by rule, establish
   30  an application fee for the submission of unsolicited proposals
   31  under this subsection. The fee must be sufficient to pay the
   32  costs of evaluating the proposals. An authority may engage
   33  private consultants to assist in the evaluation. Before
   34  approval, an authority must determine that a proposed project:
   35         1. Is in the public’s best interest.
   36         2. Would not require state funds to be used unless the
   37  project is on or provides increased mobility on the State
   38  Highway System.
   39         3. Would have adequate safeguards to ensure that no
   40  additional costs or service disruptions would be realized by the
   41  traveling public and residents of the state in the event of
   42  default or the cancellation of the agreement by the authority.
   43         4. Would have adequate safeguards in place to ensure that
   44  the department, the authority, or the private entity has the
   45  opportunity to add capacity to the proposed project and other
   46  transportation facilities serving similar origins and
   47  destinations.
   48         5. Would be owned by the authority upon completion or
   49  termination of the agreement.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete line 71
   54  and insert:
   55         F.S.; providing a definition for “backlog”; amending
   56         s. 348.0004, F.S.; authorizing any expressway
   57         authority, transportation authority, bridge authority,
   58         or toll authority, subject to the approval of the
   59         Legislature, for any newly constructed facility, to
   60         receive or solicit proposals and enter into agreements
   61         with private entities, or consortia thereof, for the
   62         building, operation, ownership, or financing of
   63         authority transportation facilities; providing