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) 2 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. 282 (6) PROJECT QUALIFICATION AND PROCESS.— 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. 359 (7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.— 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. 395 (9) COMPREHENSIVE AGREEMENT.— 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. 524 (12) POWERS AND DUTIES OF THE PRIVATE ENTITY.— 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. 554 (13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon 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. 598 599 ================= 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.;