1 | A bill to be entitled |
2 | An act relating to transportation facilities; amending s. |
3 | 334.30, F.S.; revising criteria for evaluation by the |
4 | Department of Transportation of certain public-private |
5 | project proposals; providing that a determination that a |
6 | project is in the public's best interest be evidenced by a |
7 | business case prepared under specified provisions and |
8 | submitted to the Council on Efficient Government; deleting |
9 | a provision authorizing the department to lease existing |
10 | toll facilities through public-private partnerships; |
11 | providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Paragraph (a) of subsection (1) and subsection |
16 | (2) of section 334.30, Florida Statutes, are amended to read: |
17 | 334.30 Public-private transportation facilities.-The |
18 | Legislature finds and declares that there is a public need for |
19 | the rapid construction of safe and efficient transportation |
20 | facilities for the purpose of traveling within the state, and |
21 | that it is in the public's interest to provide for the |
22 | construction of additional safe, convenient, and economical |
23 | transportation facilities. |
24 | (1) The department may receive or solicit proposals and, |
25 | with legislative approval as evidenced by approval of the |
26 | project in the department's work program, enter into agreements |
27 | with private entities, or consortia thereof, for the building, |
28 | operation, ownership, or financing of transportation facilities. |
29 | The department may advance projects programmed in the adopted 5- |
30 | year work program or projects increasing transportation capacity |
31 | and greater than $500 million in the 10-year Strategic |
32 | Intermodal Plan using funds provided by public-private |
33 | partnerships or private entities to be reimbursed from |
34 | department funds for the project as programmed in the adopted |
35 | work program. The department shall by rule establish an |
36 | application fee for the submission of unsolicited proposals |
37 | under this section. The fee must be sufficient to pay the costs |
38 | of evaluating the proposals. The department may engage the |
39 | services of private consultants to assist in the evaluation. |
40 | Before approval, the department must determine that the proposed |
41 | project: |
42 | (a) Is in the public's best interest as evidenced by a |
43 | business case prepared under s. 287.0574 and submitted to the |
44 | Council on Efficient Government; |
45 |
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46 | The department shall ensure that all reasonable costs to the |
47 | state, related to transportation facilities that are not part of |
48 | the State Highway System, are borne by the private entity. The |
49 | department shall also ensure that all reasonable costs to the |
50 | state and substantially affected local governments and |
51 | utilities, related to the private transportation facility, are |
52 | borne by the private entity for transportation facilities that |
53 | are owned by private entities. For projects on the State Highway |
54 | System, the department may use state resources to participate in |
55 | funding and financing the project as provided for under the |
56 | department's enabling legislation. Because the Legislature |
57 | recognizes that private entities or consortia thereof would |
58 | perform a governmental or public purpose or function when they |
59 | enter into agreements with the department to design, build, |
60 | operate, own, or finance transportation facilities, the |
61 | transportation facilities, including leasehold interests |
62 | thereof, are exempt from ad valorem taxes as provided in chapter |
63 | 196 to the extent property is owned by the state or other |
64 | government entity, and from intangible taxes as provided in |
65 | chapter 199 and special assessments of the state, any city, |
66 | town, county, special district, political subdivision of the |
67 | state, or any other governmental entity. The private entities or |
68 | consortia thereof are exempt from tax imposed by chapter 201 on |
69 | all documents or obligations to pay money which arise out of the |
70 | agreements to design, build, operate, own, lease, or finance |
71 | transportation facilities. Any private entities or consortia |
72 | thereof must pay any applicable corporate taxes as provided in |
73 | chapters 220 and 221, and unemployment compensation taxes as |
74 | provided in chapter 443, and sales and use tax as provided in |
75 | chapter 212 shall be applicable. The private entities or |
76 | consortia thereof must also register and collect the tax imposed |
77 | by chapter 212 on all their direct sales and leases that are |
78 | subject to tax under chapter 212. The agreement between the |
79 | private entity or consortia thereof and the department |
80 | establishing a transportation facility under this chapter |
81 | constitutes documentation sufficient to claim any exemption |
82 | under this section. |
83 | (2) Agreements entered into pursuant to this section may |
84 | authorize the private entity to impose tolls or fares for the |
85 | use of the facility. The following provisions shall apply to |
86 | such agreements: |
87 | (a) With the exception of the Florida Turnpike System, the |
88 | department may lease existing toll facilities through public- |
89 | private partnerships. The public-private partnership agreement |
90 | must ensure that the transportation facility is properly |
91 | operated, maintained, and renewed in accordance with department |
92 | standards. |
93 | (a)(b) The department may develop new toll facilities or |
94 | increase capacity on existing toll facilities through public- |
95 | private partnerships. The public-private partnership agreement |
96 | must ensure that the toll facility is properly operated, |
97 | maintained, and renewed in accordance with department standards. |
98 | (b)(c) Any toll revenues shall be regulated by the |
99 | department pursuant to s. 338.165(3). The regulations governing |
100 | the future increase of toll or fare revenues shall be included |
101 | in the public-private partnership agreement. |
102 | (c)(d) The department shall provide the analysis required |
103 | in subparagraph (6)(e)2. to the Legislative Budget Commission |
104 | created pursuant to s. 11.90 for review and approval prior to |
105 | awarding a contract on a lease of an existing toll facility. |
106 | (d)(e) The department shall include provisions in the |
107 | public-private partnership agreement that ensure a negotiated |
108 | portion of revenues from tolled or fare generating projects are |
109 | returned to the department over the life of the public-private |
110 | partnership agreement. In the case of a lease of an existing |
111 | toll facility, the department shall receive a portion of funds |
112 | upon closing on the agreements and shall also include provisions |
113 | in the agreement to receive payment of a portion of excess |
114 | revenues over the life of the public-private partnership. |
115 | (e)(f) The private entity shall provide an investment |
116 | grade traffic and revenue study prepared by an internationally |
117 | recognized traffic and revenue expert that is accepted by the |
118 | national bond rating agencies. The private entity shall also |
119 | provide a finance plan that identifies the project cost, |
120 | revenues by source, financing, major assumptions, internal rate |
121 | of return on private investments, and whether any government |
122 | funds are assumed to deliver a cost-feasible project, and a |
123 | total cash flow analysis beginning with implementation of the |
124 | project and extending for the term of the agreement. |
125 | Section 2. This act shall take effect July 1, 2010. |