Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. HB 7087, 2nd Eng.
                                Barcode 832768                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/07/2012           .                                

       The Committee on Budget (Bennett) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 444 and 445
    4  insert:
    5         Section 8. Section 287.05712, Florida Statutes, is created
    6  to read:
    7         287.05712 Public-private partnerships.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Affected local jurisdiction” means any county or
   10  municipality in which all or a portion of a qualifying project
   11  is located.
   12         (b) “Appropriating body” means the body responsible for
   13  appropriating or authorizing funding to pay for a qualifying
   14  project.
   15         (c) “Develop” or “development” means to plan, design,
   16  develop, finance, lease, acquire, install, construct, or expand.
   17         (d) “Fees” means fees or other charges imposed by the
   18  private entity of a qualifying project for use of all or a
   19  portion of such qualifying project pursuant to a comprehensive
   20  agreement.
   21         (e) “Lease payment” means any form of payment, including a
   22  land lease, by a public entity to the private entity for the use
   23  of a qualifying project.
   24         (f) “Material default” means any default by the private
   25  entity in the performance of its duties which jeopardizes
   26  adequate service to the public from a qualifying project.
   27         (g) “Operate” means to finance, maintain, improve, equip,
   28  modify, repair, or operate.
   29         (h) “Private entity” means any natural person, corporation,
   30  general partnership, limited liability company, limited
   31  partnership, joint venture, business trust, public benefit
   32  corporation, nonprofit entity, or other private business entity.
   33         (i) “Proposal” means a detailed proposal accepted by a
   34  responsible public entity beyond a conceptual level of review at
   35  which issues such as fixing costs, payment schedules, financing,
   36  deliverables, and project schedule are defined.
   37         (j) “Qualifying project” means any:
   38         1. Public-purpose facility or project, including, but not
   39  limited to, any ferry, mass transit facility, vehicle parking
   40  facility, port facility, power generation facility, fuel supply
   41  facility, oil or gas pipeline, medical or nursing care facility,
   42  or recreational facility used primarily for events.
   43         2. Building or facility that meets a public purpose and is
   44  developed or operated by or for any public entity.
   45         3. Improvements, including equipment, of buildings to be
   46  principally used by a public entity.
   47         4. Water, wastewater, or surface water management facility
   48  and other related infrastructure.
   49         (k) “Responsible public entity” means any county,
   50  municipality, or other political subdivision of the state; any
   51  public body politic and corporate; or any regional entity that
   52  serves a public purpose and has authority to develop or operate
   53  a qualifying project.
   54         (l) “Revenues” means all revenues, income, earnings, user
   55  fees, lease payments, or other service payments relating to the
   56  development or operation of a qualifying project, including, but
   57  not limited to, money received as grants or otherwise from the
   58  Federal Government, from any public entity, or from any agency
   59  or instrumentality of the foregoing in aid of a qualifying
   60  project.
   61         (m) “Service contract” means a contract entered into
   62  between a public entity and the private entity.
   63         (n) “Service payments” means payments to the private entity
   64  of a qualifying project pursuant to a service contract.
   65         (o) “Water or wastewater management facility” means a
   66  project for the treatment, storage, disposal, or distribution of
   67  water or wastewater.
   68         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   69  that there is a public need for the construction or upgrade of
   70  facilities that are used predominantly for public purposes and
   71  that it is in the public’s interest to provide for the
   72  construction or upgrade of such facilities.
   73         (a) The Legislature also finds that:
   74         1. There is a public need for timely and cost-effective
   75  acquisition, design, construction, improvement, renovation,
   76  expansion, equipping, maintenance, operation, implementation, or
   77  installation of public projects, including educational
   78  facilities, water or wastewater management facilities and
   79  infrastructure, technology infrastructure, and any other public
   80  infrastructure and government facilities within the state which
   81  serve a public need and purpose, and that such public need may
   82  not be wholly satisfied by existing procurement methods.
   83         2. There are inadequate resources to develop new
   84  educational facilities, water or wastewater management
   85  facilities and infrastructure, technology infrastructure, and
   86  other public infrastructure and government facilities for the
   87  benefit of residents of this state, and that it has been
   88  demonstrated that public-private partnerships can meet these
   89  needs by improving the schedule for delivery, lowering the cost,
   90  and providing other benefits to the public.
   91         3. There are state and federal tax incentives that promote
   92  partnerships between public and private entities to develop and
   93  operate qualifying projects.
   94         4. A procurement under this section serves the public
   95  purpose of this section if such action facilitates the timely
   96  development or operation of qualifying projects.
   97         (b) The Legislature declares that it is the intent of this
   98  section to encourage investment in the state by private
   99  entities, to facilitate various bond financing mechanisms,
  100  private capital, and other funding sources for the development
  101  and operation of qualifying projects, including expansion and
  102  acceleration of such financing to meet the public need, and to
  103  provide the greatest possible flexibility to public and private
  104  entities contracting for the provision of public services.
  105         (3) ADOPTION OF GUIDELINES.—
  106         (a) Before requesting or considering a proposal for a
  107  qualifying project, a responsible public entity shall adopt and
  108  make publicly available guidelines that enable the public entity
  109  to comply with this section. Such guidelines must be reasonable,
  110  encourage competition, and guide the selection of projects under
  111  the purview of the public entity.
  112         (b) The guidelines must include:
  113         1. Opportunities for competition through public notice and
  114  the availability of representatives of the responsible public
  115  entity to meet with private entities considering a proposal.
  116         2. Reasonable criteria for choosing among competing
  117  proposals.
  118         3. Suggested timelines for selecting proposals and
  119  negotiating an interim or comprehensive agreement.
  120         4. Authorization for accelerated selection and review and
  121  documentation timelines for proposals involving a qualifying
  122  project that the responsible public entity deems a priority.
  123         5. Procedures for financial review and analysis which, at a
  124  minimum, include a cost-benefit analysis, an assessment of
  125  opportunity cost, and consideration of the results of all
  126  studies and analyses related to the proposed qualifying project.
  127  The procedures must also include requirements for disclosing
  128  such analysis to the appropriating body for review before the
  129  execution of an interim or comprehensive agreement.
  130         6. Consideration of the nonfinancial benefits of a proposed
  131  qualifying project.
  132         7. A mechanism for the appropriating body to review a
  133  proposed interim or comprehensive agreement before execution.
  134         8. Establishment of criteria for the creation and
  135  responsibilities of a public-private partnership oversight
  136  committee that includes members representing the responsible
  137  public entity and the appropriating body. Such criteria must
  138  include the scope, costs, and duration of the qualifying
  139  project, as well as whether the project involves or affects
  140  multiple public entities. If formed, the oversight committee
  141  shall be an advisory committee that reviews the terms of a
  142  proposed interim or comprehensive agreement.
  143         9. Analysis of the adequacy of the information released
  144  when seeking competing proposals and providing for the
  145  enhancement of that information, if deemed necessary, to
  146  encourage competition.
  147         10. Establishment of criteria, key decision points, and
  148  approvals required to ensure that the responsible public entity
  149  considers the extent of competition before selecting proposals
  150  and negotiating an interim or comprehensive agreement.
  151         11. The publishing and posting of public notice of a
  152  private entity’s request for approval of a qualifying project,
  153  including:
  154         a. Specific information and documentation to be released
  155  regarding the nature, timing, and scope of the project.
  156         b. A reasonable time period, as determined by the
  157  responsible public entity, of at least 45 days, which encourages
  158  competition and public-private partnerships in accordance with
  159  the goals of this section, during which time the responsible
  160  public entity is to receive competing proposals.
  161         c. A requirement for advertising the public notice and
  162  posting the notice on the Internet.
  163         12. A requirement that the responsible public entity engage
  164  the services of qualified professionals, which may include a
  165  Florida-registered professional or a certified public
  166  accountant, not otherwise employed by the responsible public
  167  entity, to provide an independent analysis regarding the
  168  specifics, advantages, disadvantages, and long-term and short
  169  term costs of a request by a private entity for approval of a
  170  qualifying project, unless the governing body of the public
  171  entity determines that such analysis should be performed by
  172  employees of the public entity. Professional services as defined
  173  in s. 287.055(2)(a) shall be engaged pursuant to s. 287.055.
  174         (4) PROCUREMENT PROCEDURES.—The responsible public entity
  175  may receive or solicit proposals with the approval of the
  176  appropriating body as evidenced by approval of the project in
  177  the public entity’s work program, and enter into agreements with
  178  private entities or consortia thereof, for the building,
  179  upgrade, operation, ownership, or financing of facilities.
  180         (a) A responsible public entity may not consider any
  181  request by a private entity for approval of a qualifying project
  182  until the responsible public entity has adopted, or incorporated
  183  and made publicly available, in accordance with subsection (3),
  184  guidelines that enable the responsible public entity to comply
  185  with this section.
  186         (b) By rule, ordinance, or guideline as applicable, the
  187  responsible public entity shall establish an application fee for
  188  the submission of unsolicited proposals under this section. The
  189  fee must be sufficient to pay the costs of evaluating the
  190  proposal. The responsible public entity may engage the services
  191  of private consultants to assist in the evaluation.
  192         (c) The responsible public entity may request proposals
  193  from private entities for public-private projects or, if the
  194  public entity receives an unsolicited proposal, the public
  195  entity shall publish a notice in the Florida Administrative
  196  Weekly and a newspaper of general circulation at least once a
  197  week for 2 weeks stating that the public entity has received the
  198  proposal and will accept other proposals for the same project
  199  for 60 days after the initial date of publication. A copy of the
  200  notice must be mailed to each local government in the affected
  201  area.
  202         (d) A responsible public entity that is a school board or a
  203  county or municipality may enter into an interim or
  204  comprehensive agreement only with the approval of the local
  205  governing body.
  206         (e) Before approval, the responsible public entity must
  207  determine that the proposed project:
  208         1. Is in the public’s best interest;
  209         2. Is for a facility that is owned by the responsible
  210  public entity or for a facility for which ownership will be
  211  conveyed to the responsible public entity;
  212         3. Has adequate safeguards in place to ensure that
  213  additional costs or service disruptions would not be imposed on
  214  the public and residents of the state in the event of default or
  215  cancellation of the agreement by the public entity;
  216         4. Has adequate safeguards in place to ensure that the
  217  responsible public entity or the private entity has the
  218  opportunity to add capacity to the proposed project and other
  219  facilities serving similar predominantly public purposes; and
  220         5. Would be owned by the responsible public entity upon
  221  completion or termination of the agreement and upon payment of
  222  all amounts financed.
  223         (f) Technical studies and independent analyses must comply
  224  with the following:
  225         1. Any interim or comprehensive agreement must include a
  226  reasonable finance plan, consistent with subsection (11), which
  227  identifies the project cost, revenues by source, financing,
  228  major assumptions, internal rate of return on private
  229  investments, and whether any government funds are assumed to
  230  deliver a cost-feasible project, and a total cash-flow analysis
  231  beginning with implementation of the project and extending for
  232  the term of the agreement.
  233         2. Any comprehensive agreement must be consistent with an
  234  investment-grade technical study prepared by a nationally
  235  recognized expert who is accepted by the national bond rating
  236  agencies. In evaluating the technical study, the responsible
  237  public entity may rely upon internal staff reports prepared by
  238  personnel familiar with the operation of similar facilities or
  239  the advice of external advisors or consultants having relevant
  240  experience.
  241         (5) PROJECT APPROVAL REQUIREMENTS.—A request by a private
  242  entity for approval of a qualifying project must be accompanied
  243  by the following material and information, unless waived by the
  244  responsible public entity:
  245         (a) A topographic map with a scale of 1:2,000 or other
  246  appropriate scale indicating the location of the qualifying
  247  project.
  248         (b) A description of the qualifying project, including the
  249  conceptual design of such facilities or a conceptual plan for
  250  the provision of services, and a schedule for the initiation of
  251  and completion of the qualifying project which includes the
  252  proposed major responsibilities and a timeline for activities to
  253  be performed by both the public and private entity.
  254         (c) A statement setting forth the method by which the
  255  private entity proposes to secure any necessary property
  256  interests required for the qualifying project.
  257         (d) Information relating to current plans for the
  258  development of facilities or technology infrastructure to be
  259  used by a public entity which is similar to the qualifying
  260  project being proposed by the private entity, if any, of each
  261  affected local jurisdiction.
  262         (e) A list of all permits and approvals required for the
  263  qualifying project from local, state, or federal agencies and a
  264  projected schedule for obtaining such permits and approvals.
  265         (f) A list of public water or wastewater management
  266  facilities, if any, which will be crossed by the qualifying
  267  project and a statement of the plans of the private entity to
  268  accommodate such crossings.
  269         (g) A statement setting forth the private entity’s general
  270  plans for financing the qualifying project, including the
  271  sources of the private entity’s funds and identification of any
  272  dedicated revenue source or proposed debt or equity investment
  273  on the behalf of the private entity.
  274         (h) The names and addresses of persons who may be contacted
  275  for further information concerning the request.
  276         (i) User fees, lease payments, and other service payments
  277  over the term of an interim or comprehensive agreement, and the
  278  methodology and circumstances for changes to such user fees,
  279  lease payments, and other service payments over time.
  280         (j) Any additional material and information that the
  281  responsible public entity may reasonably request.
  283         (a) Public-private partnerships shall be qualified by the
  284  responsible public entity as part of the procurement process
  285  outlined in the procurement documents if such process ensures
  286  that the private entity meets at least the minimum standards
  287  contained in the responsible public entity’s guidelines for
  288  qualifying professional architectural, engineering, and
  289  contracting services before submitting a proposal under the
  290  procurement.
  291         (b) The responsible public entity must ensure that
  292  procurement documents include provisions for the private
  293  entity’s performance and payment of subcontractors, including,
  294  but not limited to, surety bonds, letters of credit, parent
  295  company guarantees, and lender and equity partner guarantees.
  296  For those components of the qualifying project which involve
  297  construction, performance and payment bonds are required and are
  298  subject to the recordation, notice, suit limitation, and other
  299  requirements of s. 255.05. The responsible public entity shall
  300  balance the structure of the security package for the public
  301  private partnership which ensures performance and payment of
  302  subcontractors with the cost of the security to ensure the most
  303  efficient pricing. The procurement documents must contain
  304  contract provisions addressing termination, default, and exit
  305  transition obligations of the private entity.
  306         (c) After the public notification period has expired, the
  307  responsible public entity shall rank the proposals in order of
  308  preference. In ranking the proposals, the responsible public
  309  entity may consider factors that include, but need not be
  310  limited to, professional qualifications, general business terms,
  311  innovative engineering or cost-reduction terms, and finance
  312  plans. If the public entity is not satisfied with the results of
  313  the negotiations, the public entity may terminate negotiations
  314  with the proposer. If these negotiations are unsuccessful, the
  315  responsible public entity may go to the second-ranked and lower
  316  ranked firms, in order, using this same procedure. If only one
  317  proposal is received, the responsible public entity may
  318  negotiate in good faith and, if the public entity is not
  319  satisfied with the results of the negotiations, the public
  320  entity may terminate negotiations with the proposer.
  321  Notwithstanding this subsection, the responsible public entity
  322  may reject all proposals at any point in the process up to
  323  execution of a contract with the proposer.
  324         (d) The responsible public entity shall perform an
  325  independent analysis, or other analysis in accordance with
  326  paragraph (4)(f), of the proposed public-private partnership
  327  which demonstrates the cost-effectiveness and overall public
  328  benefit at the following times:
  329         1. Before the procurement process; and
  330         2. Before awarding the contract.
  331         (e) The responsible public entity may approve the
  332  development or operation of an educational facility, a water or
  333  wastewater management facility and related infrastructure,
  334  technology infrastructure or other public infrastructure, or a
  335  governmental facility needed by the public entity as a
  336  qualifying project, or the design or equipping of a qualifying
  337  project so developed or operated, if:
  338         1. There is a public need for or benefit derived from a
  339  project of the type the private entity proposes as a qualifying
  340  project.
  341         2. The estimated cost of the qualifying project is
  342  reasonable in relation to similar facilities.
  343         3. The private entity’s plans will result in the timely
  344  acquisition, design, construction, improvement, renovation,
  345  expansion, equipping, maintenance, or operation of the
  346  qualifying project.
  347         (f) The responsible public entity may charge a reasonable
  348  fee to cover the costs of processing, reviewing, and evaluating
  349  the request, including, but not limited to, reasonable attorney
  350  fees and fees for financial, technical, and other necessary
  351  advisors or consultants.
  352         (g) Upon approval of a qualifying project, the responsible
  353  public entity shall establish a date for the commencement of
  354  activities related to the qualifying project. The responsible
  355  public entity may extend such date.
  356         (h) Approval of a qualifying project by the responsible
  357  public entity is subject to entering into a comprehensive
  358  agreement with the private entity.
  360         (a) Any private entity requesting approval from, or
  361  submitting a proposal to, a responsible public entity must
  362  notify each affected local jurisdiction by furnishing a copy of
  363  its request or proposal to each affected local jurisdiction.
  364         (b) Each affected local jurisdiction that is not a
  365  responsible public entity for the respective qualifying project
  366  shall, within 60 days after receiving such notice, submit any
  367  comments it may have in writing to the responsible public entity
  368  and indicate whether the facility is compatible with the local
  369  comprehensive plan, the local infrastructure development plans,
  370  the capital improvements budget, or other governmental spending
  371  plan. Such comments shall be given consideration by the
  372  responsible public entity before entering a comprehensive
  373  agreement with a private entity.
  374         (8) INTERIM AGREEMENT.—Before, or in connection with, the
  375  negotiation of a comprehensive agreement, the responsible public
  376  entity may enter into an interim agreement with the private
  377  entity proposing the development or operation of the qualifying
  378  project. An interim agreement does not obligate the responsible
  379  public entity to enter into a comprehensive agreement. An
  380  interim agreement must be limited to provisions that:
  381         (a) Authorize the private entity to commence activities for
  382  which it may be compensated related to the proposed qualifying
  383  project, including, but not limited to, project planning and
  384  development, design and engineering, environmental analysis and
  385  mitigation, surveys, or other activities concerning any part of
  386  the proposed qualifying project, and ascertaining the
  387  availability of financing for the proposed facility or
  388  facilities.
  389         (b) Establish the process and timing of the negotiation of
  390  the comprehensive agreement.
  391         (c) Contain any other provisions related to any aspect of
  392  the development or operation of a qualifying project which the
  393  responsible public entity and the private entity deem
  394  appropriate.
  396         (a) Before developing or operating the qualifying project,
  397  the private entity shall enter into a comprehensive agreement
  398  with the responsible public entity. The comprehensive agreement
  399  shall provide for:
  400         1. Delivery of maintenance, performance, and payment bonds
  401  and letters of credit in connection with the development or
  402  operation of the qualifying project in the forms and amounts
  403  satisfactory to the responsible public entity. For those
  404  components of the qualifying project which involve construction,
  405  the form and amount of the bonds must comply with s. 255.05.
  406         2. Review of plans and specifications for the qualifying
  407  project by the responsible public entity and approval by the
  408  responsible public entity if the plans and specifications
  409  conform to standards acceptable to the responsible public
  410  entity. This subparagraph does not require the private entity to
  411  complete the design of a qualifying project before the execution
  412  of a comprehensive agreement.
  413         3. Inspection of the qualifying project by the responsible
  414  public entity to ensure that the operator’s activities are
  415  acceptable to the public entity in accordance with the
  416  comprehensive agreement.
  417         4. Maintenance of a policy or policies of public liability
  418  insurance, copies of which shall be filed with the responsible
  419  public entity accompanied by proofs of coverage, or self
  420  insurance, each in the form and amount satisfactory to the
  421  responsible public entity and reasonably sufficient to ensure
  422  coverage of tort liability to the public and employees and to
  423  enable the continued operation of the qualifying project.
  424         5. Monitoring the practices of the private entity by the
  425  responsible public entity to ensure that the qualifying project
  426  is properly maintained.
  427         6. Reimbursement to be paid to the responsible public
  428  entity for services provided by the responsible public entity.
  429         7. Filing of appropriate financial statements on a periodic
  430  basis.
  431         8. Procedures governing the rights and responsibilities of
  432  the responsible public entity and the private entity in the
  433  event the comprehensive agreement is terminated or there is a
  434  material default by the private entity. Such procedures must
  435  include conditions governing assumption of the duties and
  436  responsibilities of the private entity by the responsible public
  437  entity and the transfer or purchase of property or other
  438  interests of the private entity by the responsible public
  439  entity.
  440         9. Fees, lease payments, or service payments as may be
  441  established by agreement of the parties. A copy of any service
  442  contract shall be filed with the responsible public entity. In
  443  negotiating user fees, the parties shall establish fees that are
  444  the same for persons using the facility under like conditions
  445  and that will not materially discourage use of the qualifying
  446  project. The execution of the comprehensive agreement or any
  447  amendment thereto constitutes conclusive evidence that the fees,
  448  lease payments, or service payments provided for comply with
  449  this section. Fees or lease payments established in the
  450  comprehensive agreement as a source of revenues may be in
  451  addition to, or in lieu of, service payments.
  452         10. Duties of the private entity, including terms and
  453  conditions that the responsible public entity determine serve
  454  the public purpose of this section.
  455         (b) The comprehensive agreement may include:
  456         1. An agreement by the responsible public entity to make
  457  grants or loans to the private entity from amounts received from
  458  the federal, state, or local government or any agency or
  459  instrumentality thereof.
  460         2. Provisions under which each entity agrees to provide
  461  notice of default and cure rights for the benefit of the other
  462  entity, including, but not limited to, provisions regarding
  463  unavoidable delays.
  464         3. Provisions whereby the authority and duties of the
  465  private entity under this section will cease and the qualifying
  466  project be dedicated to the responsible public entity or, if the
  467  qualifying project was initially dedicated by an affected local
  468  jurisdiction, to such affected local jurisdiction for public
  469  use.
  470         (10) FEES.—
  471         (a) Agreements entered into pursuant to this section may
  472  authorize the private entity to impose fees for the use of the
  473  facility. The following provisions apply to such agreements:
  474         1. The public-private partnership agreement must ensure
  475  that the facility is properly operated, maintained, and renewed
  476  in accordance with the responsible public entity’s standards.
  477         2. The responsible public entity may develop new facilities
  478  or increase capacity in existing facilities through public
  479  private partnerships.
  480         3. The responsible public entity may lease existing fee
  481  for-use facilities through public-private partnerships.
  482         4. Any revenues must be regulated by the responsible public
  483  entity pursuant to guidelines or rules established pursuant to
  484  subsection (3). The regulations governing the future increase of
  485  fees must be included in the public-private partnership
  486  agreement.
  487         (b) The responsible public entity shall include provisions
  488  in the public-private partnership agreement which ensure that a
  489  negotiated portion of revenues from fee-generating projects are
  490  returned to the public entity over the life of the agreement. In
  491  the case of a lease of an existing facility, the responsible
  492  public entity shall receive a portion of funds upon closing on
  493  the agreements and also a portion of excess revenues over the
  494  life of the public-private partnership.
  495         (11) FINANCING.—
  496         (a) A private entity may enter into private-source
  497  financing agreements between financing sources and the private
  498  entity. All financing agreements and any liens on the property
  499  or facility must be paid in full at the applicable closing that
  500  transfers ownership of a facility to a responsible public
  501  entity.
  502         (b) The responsible public entity may lend funds from its
  503  trust fund to private entities that construct projects
  504  containing facilities that are approved under this section. To
  505  be eligible, a private entity must comply with s. 215.97 and
  506  must provide an indication from a nationally recognized rating
  507  agency that the senior bonds for the project will be investment
  508  grade, or must provide credit support, such as a letter of
  509  credit or other means acceptable to the responsible public
  510  entity, to ensure that the loans will be fully repaid.
  511         (c) The responsible public entity may use innovative
  512  finance techniques associated with a public-private partnership
  513  under this section, including, but not limited to, federal loans
  514  as provided in 23 and 49 C.F.R., commercial bank loans, and
  515  hedges against inflation from commercial banks or other private
  516  sources. A responsible public entity may use the model financing
  517  agreement as provided in s. 489.145(6) for its financing of a
  518  facility owned by a responsible public entity. A financing
  519  agreement may not require the responsible public entity to
  520  indemnify the financing source, subject the responsible public
  521  entity’s facility to liens in violation of s. 11.066(5), or
  522  secure financing by a responsible public entity with a pledge of
  523  security interest, and any such provisions are void.
  525         (a) The private entity shall:
  526         1. Develop or operate the qualifying project in a manner
  527  that is acceptable to the responsible public entity in
  528  accordance with the provisions of an interim or comprehensive
  529  agreement.
  530         2. Maintain, or provide by contract for the maintenance or
  531  upgrade of, the qualifying project if required by an interim or
  532  comprehensive agreement.
  533         3. Cooperate with the responsible public entity in making
  534  best efforts to establish any interconnection with the
  535  qualifying project requested by the responsible public entity.
  536         4. Comply with an interim or comprehensive agreement and
  537  any lease or service contract.
  538         (b) Each private facility constructed pursuant to this
  539  section must comply with all requirements of federal, state, and
  540  local laws; state, regional, and local comprehensive plans;
  541  responsible public entity rules, procedures, and standards for
  542  facilities; and any other conditions that the responsible public
  543  entity determine to be in the public’s best interest.
  544         (c) The responsible public entity may provide services to
  545  the private entity. Agreements for maintenance and other
  546  services entered into pursuant to this section must provide for
  547  full reimbursement for services rendered for projects.
  548         (d) A private entity of a qualifying project may provide
  549  additional services for the qualifying project to public or
  550  private entities other than the responsible public entity if the
  551  provision of additional service does not impair the private
  552  entity’s ability to meet its commitments to the public entity
  553  pursuant to an interim or comprehensive agreement.
  555  expiration or termination of an interim or comprehensive
  556  agreement, the responsible public entity may use revenues to pay
  557  current operation and maintenance costs of the qualifying
  558  project, as well as compensation to the responsible public
  559  entity for its services in developing and operating the
  560  qualifying project. Except as provided otherwise in the interim
  561  or comprehensive agreement, the right to receive such payment,
  562  if any, is considered just compensation for the qualifying
  563  project in the event termination is due to the default of the
  564  private entity; however, this right does not affect the right of
  565  the responsible public entity to terminate, with cause, an
  566  interim or comprehensive agreement and to exercise any other
  567  rights and remedies that may be available to it at law or in
  568  equity. The full faith and credit of the responsible public
  569  entity may not be pledged to secure any financing of the private
  570  entity by the election to take over the qualifying project.
  571  Assumption of the development or operation of the qualifying
  572  project does not obligate the responsible public entity to pay
  573  any obligation of the private entity from sources other than
  574  revenues.
  575         (14) SOVEREIGN IMMUNITY.—This section does not waive the
  576  sovereign immunity of the state, any responsible public entity,
  577  any affected local jurisdiction, or any officer or employee
  578  thereof with respect to participation in, or approval of, all or
  579  any part of the qualifying project or its operation, including,
  580  but not limited to, interconnection of the qualifying project
  581  with any other infrastructure or project. Counties and
  582  municipalities in which a qualifying project is located possess
  583  sovereign immunity with respect to the project, including, but
  584  not limited to, its design, construction, and operation.
  585         (15) CONSTRUCTION.—This section shall be liberally
  586  construed to effectuate the purposes thereof.
  587         (a) This section does not limit the state or its agencies
  588  in the acquisition, design, or construction of public projects
  589  pursuant to other statutory authority.
  590         (b) Except as otherwise provided in this section, this
  591  section does not amend existing laws by granting additional
  592  powers to, or further restricting, local governmental entities
  593  from regulating and entering into cooperative arrangements with
  594  the private sector for the planning, construction, and operation
  595  of facilities.
  596         (c) This section does not waive the requirements of s.
  597  287.055.
  599  ================= T I T L E  A M E N D M E N T ================
  600         And the title is amended as follows:
  601         Delete line 32
  602  and insert:
  603         certain circumstances; creating s. 287.05712, F.S.;
  604         providing definitions; providing legislative findings
  605         and intent relating to the construction or upgrade of
  606         facilities by private entities which are used
  607         predominately for a public purpose; requiring public
  608         entities to develop and adopt guidelines governing
  609         procedures and criteria for the selection of projects
  610         and public-private agreements; providing procurement
  611         procedures; providing project-approval requirements;
  612         providing project qualifications and process;
  613         providing for notice to affected local jurisdictions;
  614         providing for interim and comprehensive agreements
  615         between the public and private entities; providing for
  616         use fees; providing for private financing
  617         requirements; providing powers and duties for private
  618         entities; providing for expiration or termination of
  619         agreements; providing for the applicability of
  620         sovereign immunity for public entities with respect to
  621         qualified projects; providing for construction of the
  622         act; amending s. 288.1254, F.S.;