HB 337

A bill to be entitled
2An act relating to public-private partnerships;
3creating s. 287.05712, F.S.; establishing the Florida
4Public-Private Partnership Act; providing definitions;
5providing legislative findings and intent; providing
6for private entities to develop and operate public-
7purpose projects; requiring public entities to adopt
8and make publicly available specified guidelines for
9public-private agreements; providing requirements and
10procedures for procurement, consideration, and
11approval of projects; providing an exemption from the
12Consultant's Competitive Negotiation Act and any
13interpretations, regulations, or guidelines of the
14Department of Management Services; providing
15requirements and procedures for interim and
16comprehensive agreements between private and public
17entities; providing for affected local governments to
18comment on proposed projects; providing powers and
19duties for private entities; providing for material
20default and remedies with respect to projects and
21agreements; providing for federal, state, and local
22financing; providing sovereign immunity for public
23entities with respect to specified project activities;
24providing for construction and effect of the act;
25establishing the Public-Private Partnership Advisory
26Commission; providing commission duties; providing for
27appointment and reimbursement of commission members;
28requiring the commission to submit annual reports to
29the Governor and the Legislature; providing an
30effective date.
32Be It Enacted by the Legislature of the State of Florida:
34     Section 1.  Section 287.05712, Florida Statutes, is created
35to 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,
39or town in which all or a portion of a qualifying project is
41     (b)  "Appropriating body" means the body responsible for
42appropriating or authorizing funding to pay for a qualifying
44     (c)  "Comprehensive agreement" means the comprehensive
45agreement between the private entity and the responsible public
47     (d)  "Develop" or "development" means to plan, design,
48develop, finance, lease, acquire, install, construct, or expand.
49     (e)  "Interim agreement" means an agreement between a
50private entity and a responsible public entity that provides for
51phasing of the development or operation of a qualifying project.
52Such phases may include, but are not limited to, design,
53planning, engineering, environmental analysis and mitigation,
54financial and revenue analysis, or any other phase of the
55project that constitutes activity on any part of the qualifying
57     (f)  "Lease payment" means any form of payment, including a
58land lease, by a public entity to the private entity for the use
59of a qualifying project.
60     (g)  "Material default" means any default by the private
61entity in the performance of its duties that jeopardizes
62adequate service to the public from a qualifying project.
63     (h)  "Operate" means to finance, maintain, improve, equip,
64modify, repair, or operate.
65     (i)  "Private entity" means any natural person,
66corporation, general partnership, limited liability company,
67limited partnership, joint venture, business trust, public
68benefit corporation, nonprofit entity, or other private business
70     (j)  "Proposal" means a detailed proposal accepted by a
71responsible public entity beyond a conceptual level of review
72and at which time issues such as fixing costs, payment
73schedules, financing, deliverables, and project schedule are
75     (k)  "Public entity" means the state and any agency or
76authority thereof; any county, city, or town and any other
77political subdivision of the state; any public body politic and
78corporate; 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
81limited to, a public school building and any functionally
82related and subordinate facility, including any stadium or other
83facility primarily used for school events.
84     2.  Building or facility that meets a public purpose and is
85developed or operated by or for any public entity.
86     3.  Improvements, including equipment, of buildings to be
87principally used by a public entity.
88     4.  Water or wastewater management facility and other
89related infrastructure.
90     (m)  "Responsible public entity" means an agency or
91institution of the state that has the authority to develop or
92operate a qualifying project.
93     (n)  "Revenues" means all revenues, income, earnings, user
94fees, lease payments, or other service payments relating to the
95development or operation of a qualifying project, including, but
96not limited to, money received as grants or otherwise from the
97Federal Government, from any public entity, or from any agency
98or instrumentality of the foregoing in aid of a qualifying
100     (o)  "Service contract" means a contract entered into
101between a public entity and the private entity.
102     (p)  "Service payments" means payments to the private
103entity of a qualifying project pursuant to a service contract.
104     (q)  "User fees" means the rates, tolls, fees, or other
105charges imposed by the private entity of a qualifying project
106for use of all or a portion of such qualifying project pursuant
107to a comprehensive agreement.
108     (r)  "Water or wastewater management facility" means a
109project for treatment, storage, disposal, or distribution of
110water or wastewater.
112     (a)  The Legislature finds that:
113     1.  There is a public need for timely and cost-effective
114acquisition, design, construction, improvement, renovation,
115expansion, equipping, maintenance, operation, implementation, or
116installation of public projects, including educational
117facilities, water or wastewater management facilities and
118infrastructure, technology infrastructure, and any other public
119infrastructure and government facilities within the state that
120serve a public need and purpose, and that such public need may
121not be wholly satisfied by existing methods of procurement.
122     2.  There are inadequate resources to develop new
123educational facilities, water or wastewater management
124facilities and infrastructure, technology infrastructure and
125other public infrastructure and government facilities for the
126benefit of citizens of the state, and it has been demonstrated
127that public-private partnerships can meet these needs by
128improving the schedule for delivery, lowering the cost, and
129providing other benefits to the public.
130     3.  There are state and federal tax incentives that promote
131partnerships between public and private entities to operate and
132develop qualifying projects.
133     4.  An action under subsection (4) serves the public
134purpose of this section if such action facilitates the timely
135development or operation of qualifying projects.
136     (b)  The Legislature declares it is the intent of this
137section to encourage investment in the state by private
138entities, to facilitate various bond financing mechanisms,
139private capital, and other funding sources for the development
140and operation of qualifying projects, including expansion and
141acceleration of such financing to meet the public need, and to
142provide the greatest possible flexibility to public and private
143entities to contract for the provision of public services.
146     (a)  A responsible public entity shall, before requesting
147or considering a proposal for a qualifying project, adopt and
148make publicly available guidelines that are sufficient to enable
149the responsible public entity to comply with this section. Such
150guidelines shall be reasonable, encourage competition, and guide
151the selection of projects under the purview of the responsible
152public entity.
153     (b)  For a responsible public entity that is an agency or
154institution of the state, the guidelines shall include, but are
155not limited to:
156     1.  Opportunities for competition through public notice and
157availability of representatives of the responsible public entity
158to meet with private entities considering a proposal.
159     2.  Reasonable criteria for choosing among competing
161     3.  Suggested timelines for selecting proposals and
162negotiating an interim or comprehensive agreement.
163     4.  Authorization for accelerated selection and review and
164documentation timelines for proposals involving a qualifying
165project that the responsible public entity deems a priority.
166     5.  Financial review and analysis procedures that shall
167include, at a minimum, a cost-benefit analysis, an assessment of
168opportunity cost, and consideration of the results of all
169studies and analyses related to the proposed qualifying project.
170These procedures shall also include requirements for the
171disclosure of such analysis to the appropriating body for review
172prior to execution of an interim or comprehensive agreement.
173     6.  Consideration of the nonfinancial benefits of a
174proposed qualifying project.
175     7.  A mechanism for the appropriating body to review a
176proposed interim or comprehensive agreement prior to execution.
177     8.  Establishment of criteria for the creation of and the
178responsibilities of a public-private partnership oversight
179committee with members representing the responsible public
180entity and the appropriating body. Such criteria shall include
181the scope, costs, and duration of the qualifying project, as
182well as whether the project involves or impacts multiple public
183entities. The oversight committee, if formed, shall be an
184advisory committee to review the terms of any proposed interim
185or comprehensive agreement.
186     9.  Analysis of the adequacy of the information released
187when seeking competing proposals and providing for the
188enhancement of that information, if deemed necessary, to
189encourage competition.
190     10.  Establishment of criteria, key decision points, and
191approvals required to ensure that the responsible public entity
192considers the extent of competition before selecting proposals
193and negotiating an interim or comprehensive agreement.
194     11.  The posting and publishing of public notice of a
195private entity's request for approval of a qualifying project,
197     a.  Specific information and documentation to be released
198regarding the nature, timing, and scope of the qualifying
200     b.  A reasonable time period as determined by the
201responsible public entity to encourage competition and public-
202private partnerships in accordance with the goals of this
203section, such reasonable period to be at least 45 days, during
204which time the responsible public entity shall receive competing
206     c.  A requirement for advertising the public notice and
207posting a notice on the Internet.
208     (c)  For a responsible public entity that is not an agency
209or institution of the state, the guidelines may include the
210provisions set forth in this subsection at the discretion of the
211public entity. However, the guidelines shall include:
212     1.  A requirement that the responsible public entity engage
213the services of qualified professionals, which may include an
214architect, professional engineer, or certified public
215accountant, not otherwise employed by the responsible public
216entity, to provide an independent analysis regarding the
217specifics, advantages, disadvantages, and the long and short-
218term costs of any request by a private entity for approval of a
219qualifying project unless the governing body of the responsible
220public entity determines that such analysis shall be performed
221by employees of the responsible public entity.
222     2.  A mechanism for the appropriating body to review a
223proposed interim or comprehensive agreement prior to execution.
225ENTITIES.-The Consultant's Competitive Negotiation Act under s.
226287.055 and any interpretations, regulations, or guidelines of
227the Department of Management Services do not apply to this
228section. However, a responsible public entity may enter into an
229interim or comprehensive agreement as follows:
230     (a)  A responsible public entity shall not be required to
231select the proposal with the lowest bid offer, but may consider
232price as one factor in evaluating the proposals received. Other
233factors that may be considered include:
234     1.  The proposed costs of the qualifying facility.
235     2.  The general reputation, industry experience, and
236financial capacity of the private entity.
237     3.  The proposed design of the qualifying project.
238     4.  The eligibility of the facility for accelerated
239selection, review, and documentation timelines under the
240responsible public entity's compliance with a minority business
241enterprise participation plan or good faith effort to comply
242with the goals of such plan.
243     5.  The private entity's plans to employ local contractors
244and residents.
245     6.  Other criteria that the responsible public entity deems
247     (b)  A responsible public entity shall proceed in
248accordance with the guidelines adopted under subsection (3)
249unless it determines that proceeding in accordance with the
250guidelines is likely to be advantageous to the responsible
251public entity and the public, based on:
252     1.  The probable scope, complexity, or priority of the
254     2.  Risk sharing, including guaranteed cost or completion
255guarantees, added value or debt, or equity investments proposed
256by the private entity.
257     3.  An increase in funding, dedicated revenue source, or
258other economic benefit that would not otherwise be available.
260When the responsible public entity determines to proceed
261according to the guidelines adopted by it pursuant to subsection
262(3), it shall state the reasons for its determination in
264     (c)  A responsible public entity shall not proceed to
265consider any request by a private entity for approval of a
266qualifying project until the responsible public entity has
267adopted and made publicly available guidelines that are
268sufficient to enable the responsible public entity to comply
269with this section.
270     (d)  A responsible public entity that is a school board or
271a county, city, or town may enter into an interim or
272comprehensive agreement under this section only with the
273approval of the local governing body.
275     (a)  A responsible public entity may request proposals or
276invite bids from private entities for the development or
277operation of qualifying projects pursuant to the public notice
278and procurement provisions of this section. A private entity may
279request the approval of the responsible public entity for a
280qualifying project.
281     (b)  A request by a private entity for approval of a
282qualifying project shall be accompanied by the following
283material and information unless waived by the responsible public
285     1.  A topographic map with a scale of 1:2,000 or other
286appropriate scale indicating the location of the qualifying
288     2.  A description of the qualifying project, including the
289conceptual design of such facility or facilities or a conceptual
290plan for the provision of services, and a schedule for the
291initiation of and completion of the qualifying project to
292include the proposed major responsibilities and timeline for
293activities to be performed by both the public and private
295     3.  A statement setting forth the method by which the
296private entity proposes to secure any necessary property
297interests required for the qualifying project.
298     4.  Information relating to the current plans for
299development of facilities or technology infrastructure to be
300used by a public entity that is similar to the qualifying
301project being proposed by the private entity, if any, of each
302affected local jurisdiction.
303     5.  A list of all permits and approvals required for the
304qualifying project from local, state, or federal agencies and a
305projected schedule for obtaining such permits and approvals.
306     6.  A list of public water or wastewater management
307facilities, if any, that will be crossed by the qualifying
308project and a statement of the plans of the private entity to
309accommodate such crossings.
310     7.  A statement setting forth the private entity's general
311plans for financing the qualifying project, including the
312sources of the private entity's funds and identification of any
313dedicated revenue source or proposed debt or equity investment
314on the behalf of the private entity.
315     8.  The names and addresses of the persons who may be
316contacted for further information concerning the request.
317     9.  User fees, lease payments, and other service payment
318over the term of an interim or comprehensive agreement and the
319methodology and circumstances for changes to such user fees,
320lease payments, and other service payments over time.
321     10.  Additional material and information as the responsible
322public entity may reasonably request.
323     (c)  Upon receipt of a proposal to develop or operate a
324qualifying project, the responsible public entity shall
325determine whether to accept the proposal for consideration. The
326responsible public entity may reject any proposal initiated by a
327private entity at any time. If the responsible public entity
328determines not to accept the proposal for consideration, the
329responsible public entity shall return the proposal to the
330private entity, including all fees and accompanying
332     (d)  The responsible public entity may approve the
333development or operation of an education facility, a water or
334wastewater management facility and related infrastructure,
335technology infrastructure or other public infrastructure, or a
336government facility needed by a public entity as a qualifying
337project, or the design or equipping of a qualifying project so
338developed or operated, if:
339     1.  There is a public need for or benefit derived from a
340project of the type the private entity proposes as a qualifying
342     2.  The estimated cost of the qualifying project is
343reasonable in relation to similar facilities.
344     3.  The private entity's plans will result in the timely
345acquisition, design, construction, improvement, renovation,
346expansion, equipping, maintenance, or operation of the
347qualifying project.
348     (e)  In evaluating any request, the responsible public
349entity may rely upon internal staff reports prepared by
350personnel familiar with the operation of similar facilities or
351the advice of external advisors or consultants having relevant
353     (f)  The responsible public entity may charge a reasonable
354fee to cover the costs of processing, reviewing, and evaluating
355the request, including, but not limited to, reasonable attorney
356fees and fees for financial, technical, and other necessary
357advisors or consultants.
358     (g)  Upon approval of a qualifying project, the responsible
359public entity shall establish a date for the commencement of
360activities related to the qualifying project. The responsible
361public entity may extend such date.
362     (h)  Approval of a qualifying project by the responsible
363public entity is subject to entering into a comprehensive
364agreement with the private entity.
365     (6)  INTERIM AGREEMENT.-Before or in connection with the
366negotiation of a comprehensive agreement, the responsible public
367entity may enter into an interim agreement with the private
368entity proposing the development or operation of the qualifying
369project. The interim agreement may:
370     (a)  Permit the private entity to commence activities for
371which it may be compensated related to the proposed qualifying
372project, including, but not limited to, project planning and
373development, design and engineering, environmental analysis and
374mitigation, survey, and ascertaining the availability of
375financing for the proposed facility or facilities.
376     (b)  Establish the process and timing of the negotiation of
377the comprehensive agreement.
378     (c)  Contain any other provisions related to any aspect of
379the development or operation of a qualifying project that the
380responsible public entity and the private entity deem
383     (a)  Before developing or operating the qualifying project,
384the private entity shall enter into a comprehensive agreement
385with the responsible public entity. The comprehensive agreement
386shall provide for:
387     1.  Delivery of maintenance, performance, and payment bonds
388and letters of credit in connection with the development or
389operation of the qualifying project, in the forms and amounts
390satisfactory to the responsible public entity for those
391components of the qualifying project that involve construction.
392     2.  Review of plans and specifications for the qualifying
393project by the responsible public entity and approval by the
394responsible public entity if the plans and specifications
395conform to standards acceptable to the responsible public
396entity. This subparagraph does not require the private entity to
397complete the design of a qualifying project prior to the
398execution of a comprehensive agreement.
399     3.  Inspection of the qualifying project by the responsible
400public entity to ensure that the operator's activities are
401acceptable to the responsible public entity in accordance with
402the provisions of the comprehensive agreement.
403     4.  Maintenance of a policy or policies of public liability
404insurance, copies of which shall be filed with the responsible
405public entity accompanied by proofs of coverage, and self-
406insurance, each in the form and amount satisfactory to the
407responsible public entity and reasonably sufficient to insure
408coverage of tort liability to the public and employees and to
409enable the continued operation of the qualifying project.
410     5.  Monitoring the practices of the private entity by the
411responsible public entity to ensure that the qualifying project
412is properly maintained.
413     6.  Reimbursement to be paid to the responsible public
414entity for services provided by the responsible public entity.
415     7.  Filing of appropriate financial statements on a
416periodic basis.
417     8.  Policies and procedures governing the rights and
418responsibilities of the responsible public entity and the
419private entity in the event the comprehensive agreement is
420terminated or there is a material default by the private entity.
421Such policies and guidelines shall include conditions governing
422assumption of the duties and responsibilities of the private
423entity by the responsible public entity and the transfer or
424purchase of property or other interests of the private entity by
425the responsible public entity.
426     9.  User fees, lease payments, or service payments as may
427be established by agreement of the parties. A copy of any
428service contract shall be filed with the responsible public
429entity. In negotiating user fees under this subsection, the
430parties shall establish payments or fees that are the same for
431persons using the facility under like conditions and that will
432not materially discourage use of the qualifying project. The
433execution of the comprehensive agreement or any amendment
434thereto shall constitute conclusive evidence that the user fees,
435lease payments, or service payments provided for comply with
436this section. User fees or lease payments established in the
437comprehensive agreement as a source of revenues may be in
438addition to, or in lieu of, service payments.
439     10.  Duties of the private entity, including terms and
440conditions that the responsible public entity determines serve
441the public purpose of this section.
442     (b)  The comprehensive agreement may include:
443     1.  An agreement by the responsible public entity to make
444grants or loans to the private entity from amounts received from
445the federal, state, or local government or any agency or
446instrumentality thereof.
447     2.  Provisions under which the responsible public entity
448agrees to provide notice of default and cure rights for the
449benefit of the private entity and the persons specified therein
450as providing financing for the qualifying project, including
451terms and conditions to which the private entity and the
452responsible public entity mutually agree, including but limited
453to, provisions regarding unavoidable delays or a loan of public
454funds to the private entity to develop or operate one or more
455qualifying projects.
456     3.  Provisions where the authority and duties of the
457private entity under this section shall cease, and the
458qualifying project is dedicated to the responsible public entity
459or, if the qualifying project was initially dedicated by an
460affected local jurisdiction, to such affected local jurisdiction
461for public use.
462     (c)  Any changes in the terms of the comprehensive
463agreement, as agreed upon by the responsible public entity and
464the private entity, shall be added to the comprehensive
465agreement by written amendment.
466     (d)  The comprehensive agreement may provide for the
467development or operation of phases or segments of the qualifying
470     (a)  Any private entity requesting approval from, or
471submitting a proposal to, a responsible public entity shall
472notify each affected local jurisdiction by furnishing a copy of
473its request or proposal to each affected local jurisdiction.
474     (b)  Each affected local jurisdiction that is not a
475responsible public entity for the respective qualifying project
476shall, within 60 days after receiving such notice, submit any
477comments it may have in writing on the proposed qualifying
478project to the responsible public entity and indicate whether
479the facility is compatible with the local comprehensive plan,
480local infrastructure development plans, the capital improvements
481budget, or other government spending plan. Such comments shall
482be given consideration by the responsible public entity before
483entering a comprehensive agreement with a private entity.
485     (a)  The private entity has all power allowed by law
486generally to a private entity having the same form of
487organization as the private entity and shall have the power to
488develop or operate the qualifying project and collect lease
489payments, impose user fees, or enter into service contracts in
490connection with use thereof.
491     (b)  The private entity may own, lease, or acquire any
492other right to use or operate the qualifying project.
493     (c)  Any financing of the qualifying project may be in such
494amounts and upon such terms and conditions as may be determined
495by the private entity. Without limiting the generality of the
496foregoing, the private entity may issue debt, equity, or other
497securities or obligations; enter into sale and leaseback
498transactions; and secure any financing with a pledge of,
499security interest in, or lien on any or all of its property,
500including all of its property interests in the qualifying
502     (d)  In operating the qualifying project, the private
503entity may make classifications according to reasonable
504categories for assessment of user fees and, with the consent of
505the responsible public entity, make and enforce reasonable rules
506to the same extent that the responsible public entity may make
507and enforce rules with respect to similar facilities.
508     (e)  The private entity shall:
509     1.  Develop or operate the qualifying project in a manner
510that is acceptable to the responsible public entity, all in
511accordance with the provisions of an interim or comprehensive
513     2.  Maintain, or provide by contract for the maintenance or
514upgrade of the qualifying project, if required by an interim or
515comprehensive agreement.
516     3.  Cooperate with the responsible public entity in making
517best efforts to establish any interconnection with the
518qualifying project requested by the responsible public entity.
519     4.  Comply with the provisions of an interim or
520comprehensive agreement and any lease or service contract.
521     (f)  A private entity of a qualifying project is not
522prohibited from providing additional services for the qualifying
523project to public or private entities other than the responsible
524public entity so long as the provision of additional service
525does not impair the private entity's ability to meet its
526commitments to the responsible public entity pursuant to an
527interim or comprehensive agreement.
529     (a)  In the event of a material default by the private
530entity, the responsible public entity may elect to assume the
531responsibilities and duties of the private entity of the
532qualifying project, and in such case, it shall succeed to all of
533the right, title, and interest in such qualifying project,
534subject to any liens on revenues previously granted by the
535private entity to any person providing financing thereof.
536     (b)  Any responsible public entity having the power of
537condemnation under state law may exercise such power of
538condemnation to acquire the qualifying project in the event of a
539material default by the private entity. Any person who has
540provided financing for the qualifying project, and the private
541entity, to the extent of its capital investment, may participate
542in the condemnation proceedings with the standing of a property
544     (c)  The responsible public entity may terminate, with
545cause, an interim or comprehensive agreement and exercise any
546other rights and remedies that may be available to it at law or
547in equity.
548     (d)  The responsible public entity may make or cause to be
549made any appropriate claims under the maintenance, performance,
550or payment bonds, or lines of credit.
551     (e)  In the event the responsible public entity elects to
552take over a qualifying project, the responsible public entity
553may develop or operate the qualifying project, impose user fees,
554impose and collect lease payments for the use thereof and comply
555with any service contracts as if it were the private entity. Any
556revenues that are subject to a lien shall be collected for the
557benefit of and paid to secured parties, as their interests may
558appear, to the extent necessary to satisfy the private entity's
559obligations to secured parties, including the maintenance of
560reserves. Such liens shall be correspondingly reduced and, when
561paid off, released. Before any payments to, or for the benefit
562of, secured parties, the responsible public entity may use
563revenues to pay current operation and maintenance costs of the
564qualifying project, including compensation to the responsible
565public entity for its services in developing and operating the
566qualifying project. The right to receive such payment, if any,
567shall be considered just compensation for the qualifying
568project. The full faith and credit of the responsible public
569entity shall not be pledged to secure any financing of the
570private entity by the election to take over the qualifying
571project. Assumption of the development or operation of the
572qualifying project shall not obligate the responsible public
573entity to pay any obligation of the private entity from sources
574other than revenues.
576     (a)  Any financing of a qualifying project may be in such
577amounts and upon such terms and conditions as determined by an
578interim or comprehensive agreement between the responsible
579public entity and the private entity. Without limiting the
580generality of the terms and conditions of the financing, the
581private entity and the responsible public entity may propose to
582use any and all funding resources that may be available and may,
583to the fullest extent permitted by applicable law, issue debt,
584equity, or other securities or obligations; enter into leases;
585access any designed trust funds; borrow or accept grants from
586any state infrastructure bank; and secure any financing with a
587pledge of, security interest in, or lien on, any or all of its
588property, including all of its property interests in the
589qualifying facility.
590     (b)  The responsible public entity may take any action to
591obtain federal, state, or local assistance for a qualifying
592project that serves the public purpose of this section and may
593enter into any contracts required to receive such assistance. If
594the responsible public entity is a state agency, any funds
595received from the state or federal government or any agency or
596instrumentality thereof shall be subject to appropriation by the
597Legislature. The responsible public entity may determine that it
598serves the public purpose of this section for all or any portion
599of the costs of a qualifying project to be paid, directly or
600indirectly, from the proceeds of a grant or loan made by the
601local, state, or federal government or any agency or
602instrumentality thereof.
603     (12)  SOVEREIGN IMMUNITY.-This section does not waive the
604sovereign immunity of the state, any responsible public entity,
605any affected local jurisdiction, or any officer or employee
606thereof with respect to the participation in, or approval of all
607or any part of the qualifying project or its operation,
608including, but not limited to, interconnection of the qualifying
609project with any other infrastructure or project. Counties,
610cities, and towns in which a qualifying project is located
611possess sovereign immunity with respect to the project's design,
612construction, and operation.
613     (13)  CONSTRUCTION AND EFFECT.-This section shall be
614liberally construed to effectuate the purposes thereof. This
615section does not affect the authority of the responsible public
616entity to take action that would impact the debt capacity of the
619     (a)  The Public-Private Partnership Advisory Commission is
620established to review the implementation of this section and to
621provide recommendations for any revisions necessary to further
622support public-private partnership opportunities in the state.
623     (b)  The commission shall consist of 12 members, as
625     1.  Two members of the House of Representatives, appointed
626by the Speaker of the House of Representatives.
627     2.  Two members of the Senate, appointed by the President
628of 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.
634All terms are for 4 years, except those members of the House of
635Representatives and Senate, who shall serve on the commission
636until the expiration of their terms of office or until their
637successors qualify.
638     (c)  The members of the commission shall elect a
639chairperson and a vice-chairperson. The commission shall hold
640public meetings at least quarterly or upon the call of the
641chairperson. A majority of the commission constitutes a quorum.
642     (d)  Members of the commission are entitled to receive per
643diem and travel expenses as provided in s. 112.061.
644     (e)  Administrative staff support shall be provided by the
645Executive Office of the Governor, as appropriate.
646     (f)  A copy of the minutes from each commission meeting
647shall be provided to and maintained by the Governor, the
648President of Senate, and the Speaker of the House of
650     (g)  Beginning on December 13, 2013, and each year
651thereafter, the commission shall submit a report providing
652comments on the implementation of this section and
653recommendations for future revisions to the Governor, the
654President of the Senate, and the Speaker of the House of
656     Section 2.  This act shall take effect July 1, 2012.

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