HB 337

1	A bill to be entitled
2	An act relating to public-private partnerships;
3	creating s. 287.05712, F.S.; establishing the Florida
4	Public-Private Partnership Act; providing definitions;
5	providing legislative findings and intent; providing
6	for private entities to develop and operate public-
7	purpose projects; requiring public entities to adopt
8	and make publicly available specified guidelines for
9	public-private agreements; providing requirements and
10	procedures for procurement, consideration, and
11	approval of projects; providing an exemption from the
12	Consultant's Competitive Negotiation Act and any
13	interpretations, regulations, or guidelines of the
14	Department of Management Services; providing
15	requirements and procedures for interim and
16	comprehensive agreements between private and public
17	entities; providing for affected local governments to
18	comment on proposed projects; providing powers and
19	duties for private entities; providing for material
20	default and remedies with respect to projects and
21	agreements; providing for federal, state, and local
22	financing; providing sovereign immunity for public
23	entities with respect to specified project activities;
24	providing for construction and effect of the act;
25	establishing the Public-Private Partnership Advisory
26	Commission; providing commission duties; providing for
27	appointment and reimbursement of commission members;
28	requiring the commission to submit annual reports to
29	the Governor and the Legislature; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Section 287.05712, Florida Statutes, is created
35	to read:
36	287.05712  Florida Public-Private Partnership Act.-
37	(1)  DEFINITIONS.-As used in this section, the term:
38	(a)  "Affected local jurisdiction" means any county, city,
39	or town in which all or a portion of a qualifying project is
40	located.
41	(b)  "Appropriating body" means the body responsible for
42	appropriating or authorizing funding to pay for a qualifying
43	project.
44	(c)  "Comprehensive agreement" means the comprehensive
45	agreement between the private entity and the responsible public
46	entity.
47	(d)  "Develop" or "development" means to plan, design,
48	develop, finance, lease, acquire, install, construct, or expand.
49	(e)  "Interim agreement" means an agreement between a
50	private entity and a responsible public entity that provides for
51	phasing of the development or operation of a qualifying project.
52	Such phases may include, but are not limited to, design,
53	planning, engineering, environmental analysis and mitigation,
54	financial and revenue analysis, or any other phase of the
55	project that constitutes activity on any part of the qualifying
56	project.
57	(f)  "Lease payment" means any form of payment, including a
58	land lease, by a public entity to the private entity for the use
59	of a qualifying project.
60	(g)  "Material default" means any default by the private
61	entity in the performance of its duties that jeopardizes
62	adequate service to the public from a qualifying project.
63	(h)  "Operate" means to finance, maintain, improve, equip,
64	modify, repair, or operate.
65	(i)  "Private entity" means any natural person,
66	corporation, general partnership, limited liability company,
67	limited partnership, joint venture, business trust, public
68	benefit corporation, nonprofit entity, or other private business
69	entity.
70	(j)  "Proposal" means a detailed proposal accepted by a
71	responsible public entity beyond a conceptual level of review
72	and at which time issues such as fixing costs, payment
73	schedules, financing, deliverables, and project schedule are
74	defined.
75	(k)  "Public entity" means the state and any agency or
76	authority thereof; any county, city, or town and any other
77	political subdivision of the state; any public body politic and
78	corporate; or any regional entity that serves a public purpose.
79	(l)  "Qualifying project" means any:
80	1.  Public-purpose facility or project, including, but not
81	limited to, a public school building and any functionally
82	related and subordinate facility, including any stadium or other
83	facility primarily used for school events.
84	2.  Building or facility that meets a public purpose and is
85	developed or operated by or for any public entity.
86	3.  Improvements, including equipment, of buildings to be
87	principally used by a public entity.
88	4.  Water or wastewater management facility and other
89	related infrastructure.
90	(m)  "Responsible public entity" means an agency or
91	institution of the state that has the authority to develop or
92	operate a qualifying project.
93	(n)  "Revenues" means all revenues, income, earnings, user
94	fees, lease payments, or other service payments relating to the
95	development or operation of a qualifying project, including, but
96	not limited to, money received as grants or otherwise from the
97	Federal Government, from any public entity, or from any agency
98	or instrumentality of the foregoing in aid of a qualifying
99	project.
100	(o)  "Service contract" means a contract entered into
101	between a public entity and the private entity.
102	(p)  "Service payments" means payments to the private
103	entity of a qualifying project pursuant to a service contract.
104	(q)  "User fees" means the rates, tolls, fees, or other
105	charges imposed by the private entity of a qualifying project
106	for use of all or a portion of such qualifying project pursuant
107	to a comprehensive agreement.
108	(r)  "Water or wastewater management facility" means a
109	project for treatment, storage, disposal, or distribution of
110	water or wastewater.
111	(2)  LEGISLATIVE FINDINGS AND INTENT.-
112	(a)  The Legislature finds that:
113	1.  There is a public need for timely and cost-effective
114	acquisition, design, construction, improvement, renovation,
115	expansion, equipping, maintenance, operation, implementation, or
116	installation of public projects, including educational
117	facilities, water or wastewater management facilities and
118	infrastructure, technology infrastructure, and any other public
119	infrastructure and government facilities within the state that
120	serve a public need and purpose, and that such public need may
121	not be wholly satisfied by existing methods of procurement.
122	2.  There are inadequate resources to develop new
123	educational facilities, water or wastewater management
124	facilities and infrastructure, technology infrastructure and
125	other public infrastructure and government facilities for the
126	benefit of citizens of the state, and it has been demonstrated
127	that public-private partnerships can meet these needs by
128	improving the schedule for delivery, lowering the cost, and
129	providing other benefits to the public.
130	3.  There are state and federal tax incentives that promote
131	partnerships between public and private entities to operate and
132	develop qualifying projects.
133	4.  An action under subsection (4) serves the public
134	purpose of this section if such action facilitates the timely
135	development or operation of qualifying projects.
136	(b)  The Legislature declares it is the intent of this
137	section to encourage investment in the state by private
138	entities, to facilitate various bond financing mechanisms,
139	private capital, and other funding sources for the development
140	and operation of qualifying projects, including expansion and
141	acceleration of such financing to meet the public need, and to
142	provide the greatest possible flexibility to public and private
143	entities to contract for the provision of public services.
144	(3)  ADOPTION OF GUIDELINES BY RESPONSIBLE PUBLIC
145	ENTITIES.-
146	(a)  A responsible public entity shall, before requesting
147	or considering a proposal for a qualifying project, adopt and
148	make publicly available guidelines that are sufficient to enable
149	the responsible public entity to comply with this section. Such
150	guidelines shall be reasonable, encourage competition, and guide
151	the selection of projects under the purview of the responsible
152	public entity.
153	(b)  For a responsible public entity that is an agency or
154	institution of the state, the guidelines shall include, but are
155	not limited to:
156	1.  Opportunities for competition through public notice and
157	availability of representatives of the responsible public entity
158	to meet with private entities considering a proposal.
159	2.  Reasonable criteria for choosing among competing
160	proposals.
161	3.  Suggested timelines for selecting proposals and
162	negotiating an interim or comprehensive agreement.
163	4.  Authorization for accelerated selection and review and
164	documentation timelines for proposals involving a qualifying
165	project that the responsible public entity deems a priority.
166	5.  Financial review and analysis procedures that shall
167	include, at a minimum, a cost-benefit analysis, an assessment of
168	opportunity cost, and consideration of the results of all
169	studies and analyses related to the proposed qualifying project.
170	These procedures shall also include requirements for the
171	disclosure of such analysis to the appropriating body for review
172	prior to execution of an interim or comprehensive agreement.
173	6.  Consideration of the nonfinancial benefits of a
174	proposed qualifying project.
175	7.  A mechanism for the appropriating body to review a
176	proposed interim or comprehensive agreement prior to execution.
177	8.  Establishment of criteria for the creation of and the
178	responsibilities of a public-private partnership oversight
179	committee with members representing the responsible public
180	entity and the appropriating body. Such criteria shall include
181	the scope, costs, and duration of the qualifying project, as
182	well as whether the project involves or impacts multiple public
183	entities. The oversight committee, if formed, shall be an
184	advisory committee to review the terms of any proposed interim
185	or comprehensive agreement.
186	9.  Analysis of the adequacy of the information released
187	when seeking competing proposals and providing for the
188	enhancement of that information, if deemed necessary, to
189	encourage competition.
190	10.  Establishment of criteria, key decision points, and
191	approvals required to ensure that the responsible public entity
192	considers the extent of competition before selecting proposals
193	and negotiating an interim or comprehensive agreement.
194	11.  The posting and publishing of public notice of a
195	private entity's request for approval of a qualifying project,
196	including:
197	a.  Specific information and documentation to be released
198	regarding the nature, timing, and scope of the qualifying
199	project.
200	b.  A reasonable time period as determined by the
201	responsible public entity to encourage competition and public-
202	private partnerships in accordance with the goals of this
203	section, such reasonable period to be at least 45 days, during
204	which time the responsible public entity shall receive competing
205	proposals.
206	c.  A requirement for advertising the public notice and
207	posting a notice on the Internet.
208	(c)  For a responsible public entity that is not an agency
209	or institution of the state, the guidelines may include the
210	provisions set forth in this subsection at the discretion of the
211	public entity. However, the guidelines shall include:
212	1.  A requirement that the responsible public entity engage
213	the services of qualified professionals, which may include an
214	architect, professional engineer, or certified public
215	accountant, not otherwise employed by the responsible public
216	entity, to provide an independent analysis regarding the
217	specifics, advantages, disadvantages, and the long and short-
218	term costs of any request by a private entity for approval of a
219	qualifying project unless the governing body of the responsible
220	public entity determines that such analysis shall be performed
221	by employees of the responsible public entity.
222	2.  A mechanism for the appropriating body to review a
223	proposed interim or comprehensive agreement prior to execution.
224	(4)  PROCUREMENT PROCEDURES FOR RESPONSIBLE PUBLIC
225	ENTITIES.-The Consultant's Competitive Negotiation Act under s.
226	287.055 and any interpretations, regulations, or guidelines of
227	the Department of Management Services do not apply to this
228	section. However, a responsible public entity may enter into an
229	interim or comprehensive agreement as follows:
230	(a)  A responsible public entity shall not be required to
231	select the proposal with the lowest bid offer, but may consider
232	price as one factor in evaluating the proposals received. Other
233	factors that may be considered include:
234	1.  The proposed costs of the qualifying facility.
235	2.  The general reputation, industry experience, and
236	financial capacity of the private entity.
237	3.  The proposed design of the qualifying project.
238	4.  The eligibility of the facility for accelerated
239	selection, review, and documentation timelines under the
240	responsible public entity's compliance with a minority business
241	enterprise participation plan or good faith effort to comply
242	with the goals of such plan.
243	5.  The private entity's plans to employ local contractors
244	and residents.
245	6.  Other criteria that the responsible public entity deems
246	appropriate.
247	(b)  A responsible public entity shall proceed in
248	accordance with the guidelines adopted under subsection (3)
249	unless it determines that proceeding in accordance with the
250	guidelines is likely to be advantageous to the responsible
251	public entity and the public, based on:
252	1.  The probable scope, complexity, or priority of the
253	project.
254	2.  Risk sharing, including guaranteed cost or completion
255	guarantees, added value or debt, or equity investments proposed
256	by the private entity.
257	3.  An increase in funding, dedicated revenue source, or
258	other economic benefit that would not otherwise be available.
259
260	When the responsible public entity determines to proceed
261	according to the guidelines adopted by it pursuant to subsection
262	(3), it shall state the reasons for its determination in
263	writing.
264	(c)  A responsible public entity shall not proceed to
265	consider any request by a private entity for approval of a
266	qualifying project until the responsible public entity has
267	adopted and made publicly available guidelines that are
268	sufficient to enable the responsible public entity to comply
269	with this section.
270	(d)  A responsible public entity that is a school board or
271	a county, city, or town may enter into an interim or
272	comprehensive agreement under this section only with the
273	approval of the local governing body.
274	(5)  CONSIDERATION AND APPROVAL OF QUALIFYING PROJECTS.-
275	(a)  A responsible public entity may request proposals or
276	invite bids from private entities for the development or
277	operation of qualifying projects pursuant to the public notice
278	and procurement provisions of this section. A private entity may
279	request the approval of the responsible public entity for a
280	qualifying project.
281	(b)  A request by a private entity for approval of a
282	qualifying project shall be accompanied by the following
283	material and information unless waived by the responsible public
284	entity:
285	1.  A topographic map with a scale of 1:2,000 or other
286	appropriate scale indicating the location of the qualifying
287	project.
288	2.  A description of the qualifying project, including the
289	conceptual design of such facility or facilities or a conceptual
290	plan for the provision of services, and a schedule for the
291	initiation of and completion of the qualifying project to
292	include the proposed major responsibilities and timeline for
293	activities to be performed by both the public and private
294	entity.
295	3.  A statement setting forth the method by which the
296	private entity proposes to secure any necessary property
297	interests required for the qualifying project.
298	4.  Information relating to the current plans for
299	development of facilities or technology infrastructure to be
300	used by a public entity that is similar to the qualifying
301	project being proposed by the private entity, if any, of each
302	affected local jurisdiction.
303	5.  A list of all permits and approvals required for the
304	qualifying project from local, state, or federal agencies and a
305	projected schedule for obtaining such permits and approvals.
306	6.  A list of public water or wastewater management
307	facilities, if any, that will be crossed by the qualifying
308	project and a statement of the plans of the private entity to
309	accommodate such crossings.
310	7.  A statement setting forth the private entity's general
311	plans for financing the qualifying project, including the
312	sources of the private entity's funds and identification of any
313	dedicated revenue source or proposed debt or equity investment
314	on the behalf of the private entity.
315	8.  The names and addresses of the persons who may be
316	contacted for further information concerning the request.
317	9.  User fees, lease payments, and other service payment
318	over the term of an interim or comprehensive agreement and the
319	methodology and circumstances for changes to such user fees,
320	lease payments, and other service payments over time.
321	10.  Additional material and information as the responsible
322	public entity may reasonably request.
323	(c)  Upon receipt of a proposal to develop or operate a
324	qualifying project, the responsible public entity shall
325	determine whether to accept the proposal for consideration. The
326	responsible public entity may reject any proposal initiated by a
327	private entity at any time. If the responsible public entity
328	determines not to accept the proposal for consideration, the
329	responsible public entity shall return the proposal to the
330	private entity, including all fees and accompanying
331	documentation.
332	(d)  The responsible public entity may approve the
333	development or operation of an education facility, a water or
334	wastewater management facility and related infrastructure,
335	technology infrastructure or other public infrastructure, or a
336	government facility needed by a public entity as a qualifying
337	project, or the design or equipping of a qualifying project so
338	developed or operated, if:
339	1.  There is a public need for or benefit derived from a
340	project of the type the private entity proposes as a qualifying
341	project.
342	2.  The estimated cost of the qualifying project is
343	reasonable in relation to similar facilities.
344	3.  The private entity's plans will result in the timely
345	acquisition, design, construction, improvement, renovation,
346	expansion, equipping, maintenance, or operation of the
347	qualifying project.
348	(e)  In evaluating any request, the responsible public
349	entity may rely upon internal staff reports prepared by
350	personnel familiar with the operation of similar facilities or
351	the advice of external advisors or consultants having relevant
352	experience.
353	(f)  The responsible public entity may charge a reasonable
354	fee to cover the costs of processing, reviewing, and evaluating
355	the request, including, but not limited to, reasonable attorney
356	fees and fees for financial, technical, and other necessary
357	advisors or consultants.
358	(g)  Upon approval of a qualifying project, the responsible
359	public entity shall establish a date for the commencement of
360	activities related to the qualifying project. The responsible
361	public entity may extend such date.
362	(h)  Approval of a qualifying project by the responsible
363	public entity is subject to entering into a comprehensive
364	agreement with the private entity.
365	(6)  INTERIM AGREEMENT.-Before or in connection with the
366	negotiation of a comprehensive agreement, the responsible public
367	entity may enter into an interim agreement with the private
368	entity proposing the development or operation of the qualifying
369	project. The interim agreement may:
370	(a)  Permit the private entity to commence activities for
371	which it may be compensated related to the proposed qualifying
372	project, including, but not limited to, project planning and
373	development, design and engineering, environmental analysis and
374	mitigation, survey, and ascertaining the availability of
375	financing for the proposed facility or facilities.
376	(b)  Establish the process and timing of the negotiation of
377	the comprehensive agreement.
378	(c)  Contain any other provisions related to any aspect of
379	the development or operation of a qualifying project that the
380	responsible public entity and the private entity deem
381	appropriate.
382	(7)  COMPREHENSIVE AGREEMENT.-
383	(a)  Before developing or operating the qualifying project,
384	the private entity shall enter into a comprehensive agreement
385	with the responsible public entity. The comprehensive agreement
386	shall provide for:
387	1.  Delivery of maintenance, performance, and payment bonds
388	and letters of credit in connection with the development or
389	operation of the qualifying project, in the forms and amounts
390	satisfactory to the responsible public entity for those
391	components of the qualifying project that involve construction.
392	2.  Review of plans and specifications for the qualifying
393	project by the responsible public entity and approval by the
394	responsible public entity if the plans and specifications
395	conform to standards acceptable to the responsible public
396	entity. This subparagraph does not require the private entity to
397	complete the design of a qualifying project prior to the
398	execution of a comprehensive agreement.
399	3.  Inspection of the qualifying project by the responsible
400	public entity to ensure that the operator's activities are
401	acceptable to the responsible public entity in accordance with
402	the provisions of the comprehensive agreement.
403	4.  Maintenance of a policy or policies of public liability
404	insurance, copies of which shall be filed with the responsible
405	public entity accompanied by proofs of coverage, and self-
406	insurance, each in the form and amount satisfactory to the
407	responsible public entity and reasonably sufficient to insure
408	coverage of tort liability to the public and employees and to
409	enable the continued operation of the qualifying project.
410	5.  Monitoring the practices of the private entity by the
411	responsible public entity to ensure that the qualifying project
412	is properly maintained.
413	6.  Reimbursement to be paid to the responsible public
414	entity for services provided by the responsible public entity.
415	7.  Filing of appropriate financial statements on a
416	periodic basis.
417	8.  Policies and procedures governing the rights and
418	responsibilities of the responsible public entity and the
419	private entity in the event the comprehensive agreement is
420	terminated or there is a material default by the private entity.
421	Such policies and guidelines shall include conditions governing
422	assumption of the duties and responsibilities of the private
423	entity by the responsible public entity and the transfer or
424	purchase of property or other interests of the private entity by
425	the responsible public entity.
426	9.  User fees, lease payments, or service payments as may
427	be established by agreement of the parties. A copy of any
428	service contract shall be filed with the responsible public
429	entity. In negotiating user fees under this subsection, the
430	parties shall establish payments or fees that are the same for
431	persons using the facility under like conditions and that will
432	not materially discourage use of the qualifying project. The
433	execution of the comprehensive agreement or any amendment
434	thereto shall constitute conclusive evidence that the user fees,
435	lease payments, or service payments provided for comply with
436	this section. User fees or lease payments established in the
437	comprehensive agreement as a source of revenues may be in
438	addition to, or in lieu of, service payments.
439	10.  Duties of the private entity, including terms and
440	conditions that the responsible public entity determines serve
441	the public purpose of this section.
442	(b)  The comprehensive agreement may include:
443	1.  An agreement by the responsible public entity to make
444	grants or loans to the private entity from amounts received from
445	the federal, state, or local government or any agency or
446	instrumentality thereof.
447	2.  Provisions under which the responsible public entity
448	agrees to provide notice of default and cure rights for the
449	benefit of the private entity and the persons specified therein
450	as providing financing for the qualifying project, including
451	terms and conditions to which the private entity and the
452	responsible public entity mutually agree, including but limited
453	to, provisions regarding unavoidable delays or a loan of public
454	funds to the private entity to develop or operate one or more
455	qualifying projects.
456	3.  Provisions where the authority and duties of the
457	private entity under this section shall cease, and the
458	qualifying project is dedicated to the responsible public entity
459	or, if the qualifying project was initially dedicated by an
460	affected local jurisdiction, to such affected local jurisdiction
461	for public use.
462	(c)  Any changes in the terms of the comprehensive
463	agreement, as agreed upon by the responsible public entity and
464	the private entity, shall be added to the comprehensive
465	agreement by written amendment.
466	(d)  The comprehensive agreement may provide for the
467	development or operation of phases or segments of the qualifying
468	project.
469	(8)  AFFECTED LOCAL JURISDICTIONS.-
470	(a)  Any private entity requesting approval from, or
471	submitting a proposal to, a responsible public entity shall
472	notify each affected local jurisdiction by furnishing a copy of
473	its request or proposal to each affected local jurisdiction.
474	(b)  Each affected local jurisdiction that is not a
475	responsible public entity for the respective qualifying project
476	shall, within 60 days after receiving such notice, submit any
477	comments it may have in writing on the proposed qualifying
478	project to the responsible public entity and indicate whether
479	the facility is compatible with the local comprehensive plan,
480	local infrastructure development plans, the capital improvements
481	budget, or other government spending plan. Such comments shall
482	be given consideration by the responsible public entity before
483	entering a comprehensive agreement with a private entity.
484	(9)  POWERS AND DUTIES OF THE PRIVATE ENTITY.-
485	(a)  The private entity has all power allowed by law
486	generally to a private entity having the same form of
487	organization as the private entity and shall have the power to
488	develop or operate the qualifying project and collect lease
489	payments, impose user fees, or enter into service contracts in
490	connection with use thereof.
491	(b)  The private entity may own, lease, or acquire any
492	other right to use or operate the qualifying project.
493	(c)  Any financing of the qualifying project may be in such
494	amounts and upon such terms and conditions as may be determined
495	by the private entity. Without limiting the generality of the
496	foregoing, the private entity may issue debt, equity, or other
497	securities or obligations; enter into sale and leaseback
498	transactions; and secure any financing with a pledge of,
499	security interest in, or lien on any or all of its property,
500	including all of its property interests in the qualifying
501	project.
502	(d)  In operating the qualifying project, the private
503	entity may make classifications according to reasonable
504	categories for assessment of user fees and, with the consent of
505	the responsible public entity, make and enforce reasonable rules
506	to the same extent that the responsible public entity may make
507	and enforce rules with respect to similar facilities.
508	(e)  The private entity shall:
509	1.  Develop or operate the qualifying project in a manner
510	that is acceptable to the responsible public entity, all in
511	accordance with the provisions of an interim or comprehensive
512	agreement.
513	2.  Maintain, or provide by contract for the maintenance or
514	upgrade of the qualifying project, if required by an interim or
515	comprehensive agreement.
516	3.  Cooperate with the responsible public entity in making
517	best efforts to establish any interconnection with the
518	qualifying project requested by the responsible public entity.
519	4.  Comply with the provisions of an interim or
520	comprehensive agreement and any lease or service contract.
521	(f)  A private entity of a qualifying project is not
522	prohibited from providing additional services for the qualifying
523	project to public or private entities other than the responsible
524	public entity so long as the provision of additional service
525	does not impair the private entity's ability to meet its
526	commitments to the responsible public entity pursuant to an
527	interim or comprehensive agreement.
528	(10)  MATERIAL DEFAULT; REMEDIES.-
529	(a)  In the event of a material default by the private
530	entity, the responsible public entity may elect to assume the
531	responsibilities and duties of the private entity of the
532	qualifying project, and in such case, it shall succeed to all of
533	the right, title, and interest in such qualifying project,
534	subject to any liens on revenues previously granted by the
535	private entity to any person providing financing thereof.
536	(b)  Any responsible public entity having the power of
537	condemnation under state law may exercise such power of
538	condemnation to acquire the qualifying project in the event of a
539	material default by the private entity. Any person who has
540	provided financing for the qualifying project, and the private
541	entity, to the extent of its capital investment, may participate
542	in the condemnation proceedings with the standing of a property
543	owner.
544	(c)  The responsible public entity may terminate, with
545	cause, an interim or comprehensive agreement and exercise any
546	other rights and remedies that may be available to it at law or
547	in equity.
548	(d)  The responsible public entity may make or cause to be
549	made any appropriate claims under the maintenance, performance,
550	or payment bonds, or lines of credit.
551	(e)  In the event the responsible public entity elects to
552	take over a qualifying project, the responsible public entity
553	may develop or operate the qualifying project, impose user fees,
554	impose and collect lease payments for the use thereof and comply
555	with any service contracts as if it were the private entity. Any
556	revenues that are subject to a lien shall be collected for the
557	benefit of and paid to secured parties, as their interests may
558	appear, to the extent necessary to satisfy the private entity's
559	obligations to secured parties, including the maintenance of
560	reserves. Such liens shall be correspondingly reduced and, when
561	paid off, released. Before any payments to, or for the benefit
562	of, secured parties, the responsible public entity may use
563	revenues to pay current operation and maintenance costs of the
564	qualifying project, including compensation to the responsible
565	public entity for its services in developing and operating the
566	qualifying project. The right to receive such payment, if any,
567	shall be considered just compensation for the qualifying
568	project. The full faith and credit of the responsible public
569	entity shall not be pledged to secure any financing of the
570	private entity by the election to take over the qualifying
571	project. Assumption of the development or operation of the
572	qualifying project shall not obligate the responsible public
573	entity to pay any obligation of the private entity from sources
574	other than revenues.
575	(11)  FEDERAL, STATE, AND LOCAL FINANCING.-
576	(a)  Any financing of a qualifying project may be in such
577	amounts and upon such terms and conditions as determined by an
578	interim or comprehensive agreement between the responsible
579	public entity and the private entity. Without limiting the
580	generality of the terms and conditions of the financing, the
581	private entity and the responsible public entity may propose to
582	use any and all funding resources that may be available and may,
583	to the fullest extent permitted by applicable law, issue debt,
584	equity, or other securities or obligations; enter into leases;
585	access any designed trust funds; borrow or accept grants from
586	any state infrastructure bank; and secure any financing with a
587	pledge of, security interest in, or lien on, any or all of its
588	property, including all of its property interests in the
589	qualifying facility.
590	(b)  The responsible public entity may take any action to
591	obtain federal, state, or local assistance for a qualifying
592	project that serves the public purpose of this section and may
593	enter into any contracts required to receive such assistance. If
594	the responsible public entity is a state agency, any funds
595	received from the state or federal government or any agency or
596	instrumentality thereof shall be subject to appropriation by the
597	Legislature. The responsible public entity may determine that it
598	serves the public purpose of this section for all or any portion
599	of the costs of a qualifying project to be paid, directly or
600	indirectly, from the proceeds of a grant or loan made by the
601	local, state, or federal government or any agency or
602	instrumentality thereof.
603	(12)  SOVEREIGN IMMUNITY.-This section does not waive the
604	sovereign immunity of the state, any responsible public entity,
605	any affected local jurisdiction, or any officer or employee
606	thereof with respect to the participation in, or approval of all
607	or any part of the qualifying project or its operation,
608	including, but not limited to, interconnection of the qualifying
609	project with any other infrastructure or project. Counties,
610	cities, and towns in which a qualifying project is located
611	possess sovereign immunity with respect to the project's design,
612	construction, and operation.
613	(13)  CONSTRUCTION AND EFFECT.-This section shall be
614	liberally construed to effectuate the purposes thereof. This
615	section does not affect the authority of the responsible public
616	entity to take action that would impact the debt capacity of the
617	state.
618	(14)  PUBLIC-PRIVATE PARTNERSHIP ADVISORY COMMISSION.-
619	(a)  The Public-Private Partnership Advisory Commission is
620	established to review the implementation of this section and to
621	provide recommendations for any revisions necessary to further
622	support public-private partnership opportunities in the state.
623	(b)  The commission shall consist of 12 members, as
624	follows:
625	1.  Two members of the House of Representatives, appointed
626	by the Speaker of the House of Representatives.
627	2.  Two members of the Senate, appointed by the President
628	of the Senate.
629	3.  Eight members appointed by the Governor, as follows:
630	a.  Four local government officials.
631	b.  Two state agency representatives.
632	c.  Two representatives of the private sector.
633
634	All terms are for 4 years, except those members of the House of
635	Representatives and Senate, who shall serve on the commission
636	until the expiration of their terms of office or until their
637	successors qualify.
638	(c)  The members of the commission shall elect a
639	chairperson and a vice-chairperson. The commission shall hold
640	public meetings at least quarterly or upon the call of the
641	chairperson. A majority of the commission constitutes a quorum.
642	(d)  Members of the commission are entitled to receive per
643	diem and travel expenses as provided in s. 112.061.
644	(e)  Administrative staff support shall be provided by the
645	Executive Office of the Governor, as appropriate.
646	(f)  A copy of the minutes from each commission meeting
647	shall be provided to and maintained by the Governor, the
648	President of Senate, and the Speaker of the House of
649	Representatives.
650	(g)  Beginning on December 13, 2013, and each year
651	thereafter, the commission shall submit a report providing
652	comments on the implementation of this section and
653	recommendations for future revisions to the Governor, the
654	President of the Senate, and the Speaker of the House of
655	Representatives.
656	Section 2.  This act shall take effect July 1, 2012.

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