Florida Senate - 2013 SB 238 By Senator Flores 37-00258-13 2013238__ 1 A bill to be entitled 2 An act relating to public-private partnerships; 3 creating s. 287.05712, F.S.; providing definitions; 4 providing legislative findings and intent relating to 5 the construction or upgrade of facilities by private 6 entities which are used predominately for a public 7 purpose; requiring public entities to develop and 8 adopt guidelines governing procedures and criteria for 9 the selection of projects and public-private 10 agreements; providing procurement procedures; 11 providing requirements for project approval; providing 12 project qualifications and process; providing for 13 notice to affected local jurisdictions; providing for 14 interim and comprehensive agreements between the 15 public and private entities; providing for user fees; 16 providing for financing from private sources and 17 public entities; providing powers and duties for 18 private entities; providing for expiration or 19 termination of agreements; providing for the 20 applicability of sovereign immunity for public 21 entities with respect to qualified projects; providing 22 for construction of the act; providing an effective 23 date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 287.05712, Florida Statutes, is created 28 to read: 29 287.05712 Public-private partnerships.— 30 (1) DEFINITIONS.—As used in this section, the term: 31 (a) “Affected local jurisdiction” means any county or 32 municipality in which all or a portion of a qualifying project 33 is located. 34 (b) “Appropriating body” means the body responsible for 35 appropriating or authorizing funding to pay for a qualifying 36 project. 37 (c) “Develop” or “development” means to plan, design, 38 develop, finance, lease, acquire, install, construct, or expand. 39 (d) “Lease payment” means any form of payment, including a 40 land lease, by a public entity to the private entity for the use 41 of a qualifying project. 42 (e) “Material default” means any default by the private 43 entity in the performance of its duties which jeopardizes 44 adequate service to the public from a qualifying project. 45 (f) “Operate” means to finance, maintain, improve, equip, 46 modify, repair, or operate. 47 (g) “Private entity” means any natural person, corporation, 48 general partnership, limited liability company, limited 49 partnership, joint venture, business trust, public benefit 50 corporation, nonprofit entity, or other private business entity. 51 (h) “Proposal” means a detailed proposal accepted by a 52 responsible public entity beyond a conceptual level of review at 53 which issues such as fixing costs, payment schedules, financing, 54 deliverables, and project schedule are defined. 55 (i) “Qualifying project” means any: 56 1. Facility or project that meets a public purpose, 57 including, but not limited to, any ferry, mass transit facility, 58 vehicle parking facility, port facility, power generating 59 facility, fuel supply facility, oil or gas pipeline, medical or 60 nursing care facility, or recreational facility used primarily 61 for events. 62 2. Improvements, including equipment, of a facility to be 63 principally used by a public entity. 64 3. Water, wastewater, or surface water management facility 65 and other related infrastructure. 66 (j) “Responsible public entity” means any county, 67 municipality, or other political subdivision of the state; any 68 public body politic and corporate; or any regional entity that 69 serves a public purpose and has authority to develop or operate 70 a qualifying project. 71 (k) “Revenues” means all revenues, income, earnings, user 72 fees, lease payments, or other service payments relating to the 73 development or operation of a qualifying project, including, but 74 not limited to, money received as grants or otherwise from the 75 Federal Government, from any public entity, or from any agency 76 or instrumentality of the foregoing in aid of a qualifying 77 project. 78 (l) “Service contract” means a contract entered into 79 between a public entity and a private entity of a qualifying 80 project. 81 (m) “Service payment” means a payment to the private entity 82 of a qualifying project pursuant to a service contract. 83 (n) “User fee” means any fee or charge imposed by the 84 private entity of a qualifying project for use of all or a 85 portion of such qualifying project pursuant to a comprehensive 86 agreement. 87 (o) “Water or wastewater management facility” means a 88 project for the treatment, storage, disposal, or distribution of 89 water or wastewater. 90 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 91 that there is a public need for the construction or upgrade of 92 facilities that are used predominantly for public purposes and 93 that it is in the public’s interest to provide for the 94 construction or upgrade of such facilities. 95 (a) The Legislature also finds that: 96 1. There is a public need for timely and cost-effective 97 acquisition, design, construction, improvement, renovation, 98 expansion, equipping, maintenance, operation, implementation, or 99 installation of public projects, including educational 100 facilities, water or wastewater management facilities and 101 infrastructure, technology infrastructure, and any other public 102 infrastructure and government facilities within the state which 103 serve a public need and purpose, and that such public need may 104 not be wholly satisfied by existing procurement methods. 105 2. There are inadequate resources to develop new 106 educational facilities, water or wastewater management 107 facilities and infrastructure, technology infrastructure, and 108 other public infrastructure and government facilities for the 109 benefit of residents of this state, and that it has been 110 demonstrated that public-private partnerships can meet these 111 needs by improving the schedule for delivery, lowering the cost, 112 and providing other benefits to the public. 113 3. There are state and federal tax incentives that promote 114 public-private partnerships to develop and operate qualifying 115 projects. 116 4. A procurement under this section serves the public 117 purpose of this section if such action facilitates the timely 118 development or operation of qualifying projects. 119 (b) The Legislature declares that it is the intent of this 120 section to encourage investment in the state by private 121 entities; to facilitate various bond financing mechanisms, 122 private capital, and other funding sources for the development 123 and operation of qualifying projects, including expansion and 124 acceleration of such financing to meet the public need; and to 125 provide the greatest possible flexibility to public and private 126 entities contracting for the provision of public services. 127 (3) ADOPTION OF GUIDELINES.— 128 (a) Before requesting or considering a proposal for a 129 qualifying project, a responsible public entity shall adopt and 130 make publicly available guidelines that enable the public entity 131 to comply with this section. Such guidelines must be reasonable, 132 encourage competition, and guide the selection of projects under 133 the purview of the public entity. 134 (b) The guidelines must include: 135 1. Opportunities for competition through public notice and 136 the availability of representatives of the responsible public 137 entity to meet with private entities considering a proposal. 138 2. Reasonable criteria for choosing among competing 139 proposals. 140 3. Suggested timelines for selecting proposals and 141 negotiating an interim or comprehensive agreement. 142 4. Authorization for accelerated selection and review and 143 documentation timelines for proposals involving a qualifying 144 project that the responsible public entity deems a priority. 145 5. Procedures for financial review and analysis which, at a 146 minimum, include a cost-benefit analysis, an assessment of 147 opportunity cost, and consideration of the results of all 148 studies and analyses related to the proposed qualifying project. 149 The procedures must also include requirements for disclosing 150 such analysis to the appropriating body for review before the 151 execution of an interim or comprehensive agreement. 152 6. Consideration of the nonfinancial benefits of a proposed 153 qualifying project. 154 7. A mechanism for the appropriating body to review a 155 proposed interim or comprehensive agreement before execution. 156 8. Criteria for the creation and responsibilities of a 157 public-private partnership oversight committee that includes 158 members representing the responsible public entity and the 159 appropriating body. The criteria must include the scope, costs, 160 and duration of the qualifying project, as well as whether the 161 project involves or affects multiple public entities. If formed, 162 the oversight committee shall be an advisory committee that 163 reviews the terms of a proposed interim or comprehensive 164 agreement. 165 9. Analysis of the adequacy of the information released 166 when seeking competing proposals and providing for the 167 enhancement of that information, if deemed necessary, to 168 encourage competition. 169 10. Criteria, key decision points, and approvals required 170 to ensure that the responsible public entity considers the 171 extent of competition before selecting proposals and negotiating 172 an interim or comprehensive agreement. 173 11. A requirement that public notice be published and 174 posted of a private entity’s request for approval of a 175 qualifying project, including: 176 a. Specific information and documentation to be released 177 regarding the nature, timing, and scope of the project. 178 b. A reasonable time period, as determined by the 179 responsible public entity, of at least 60 days, which encourages 180 competition and public-private partnerships in accordance with 181 the goals of this section, during which time the responsible 182 public entity is to receive competing proposals. 183 c. A requirement for advertising the public notice and 184 posting the notice on the Internet. 185 12. A requirement that the responsible public entity engage 186 the services of qualified professionals, which may include a 187 Florida-registered professional or a certified public 188 accountant, not otherwise employed by the responsible public 189 entity, to provide an independent analysis regarding the 190 specifics, advantages, disadvantages, and long-term and short 191 term costs of a request by a private entity for approval of a 192 qualifying project, unless the governing body of the public 193 entity determines that such analysis should be performed by 194 employees of the public entity. Professional services as defined 195 in s. 287.055 must be engaged pursuant to s. 287.055. 196 (4) PROCUREMENT PROCEDURES.—The responsible public entity 197 may receive or solicit proposals with the approval of the 198 appropriating body as shown by the approval of the project in 199 the public entity’s work program, and enter into an agreement 200 with a private entity or a consortium thereof, for the building, 201 upgrade, operation, ownership, or financing of a facility. 202 (a) The responsible public entity may not consider any 203 request by a private entity for approval of a qualifying project 204 until the responsible public entity has adopted, or incorporated 205 and made publicly available, in accordance with subsection (3), 206 guidelines that enable the responsible public entity to comply 207 with this section. 208 (b) By rule, ordinance, or guideline, as applicable, the 209 responsible public entity shall establish an application fee for 210 the submission of an unsolicited proposal under this section. 211 The fee must be sufficient to pay the costs of evaluating the 212 proposal. The responsible public entity may engage the services 213 of private consultants to assist in the evaluation. 214 (c) The responsible public entity may request proposals 215 from private entities for a public-private project or, if the 216 public entity receives an unsolicited proposal, the public 217 entity shall publish a notice in the Florida Administrative 218 Weekly or a newspaper of general circulation at least once a 219 week for 2 weeks stating that the public entity has received a 220 proposal and will accept other proposals for the same project 221 for 60 days after the initial date of publication. A copy of the 222 notice must be mailed to each affected local jurisdiction. 223 (d) A responsible public entity that is a school board or a 224 county or municipality may enter into an interim or 225 comprehensive agreement only with the approval of the local 226 governing body. 227 (e) Before approval, the responsible public entity must 228 determine that the proposed project: 229 1. Is in the public’s best interest; 230 2. Is for a facility that is owned by the responsible 231 public entity or for a facility for which ownership will be 232 conveyed to the responsible public entity; 233 3. Has adequate safeguards in place to ensure that 234 additional costs or service disruptions would not be imposed on 235 the public and residents of the state in the event of default or 236 cancellation of the agreement by the public entity; 237 4. Has adequate safeguards in place to ensure that the 238 responsible public entity or the private entity has the 239 opportunity to add capacity to the proposed project and other 240 facilities serving similar predominantly public purposes; and 241 5. Would be owned by the responsible public entity upon 242 completion or termination of the agreement and upon payment of 243 all amounts financed. 244 (f) Technical studies and independent analyses must comply 245 with the following: 246 1. Any interim or comprehensive agreement must include a 247 reasonable finance plan, consistent with subsection (11), which 248 identifies the project cost, revenues by source, financing, 249 major assumptions, internal rate of return on private 250 investments, and whether any government funds are assumed to 251 deliver a cost-feasible project, and a total cash-flow analysis 252 beginning with the implementation of the project and extending 253 for the term of the agreement. 254 2. Any comprehensive agreement must be consistent with an 255 investment-grade technical study prepared by a nationally 256 recognized expert who is accepted by the national bond rating 257 agencies. In evaluating the technical study, the responsible 258 public entity may rely upon internal staff reports prepared by 259 personnel familiar with the operation of similar facilities or 260 the advice of external advisors or consultants having relevant 261 experience. 262 (5) REQUIREMENTS FOR PROJECT APPROVAL.—A request by a 263 private entity for approval of a qualifying project must be 264 accompanied by the following material and information, unless 265 waived by the responsible public entity: 266 (a) A topographic map with a scale of 1:2,000 or other 267 appropriate scale indicating the location of the qualifying 268 project. 269 (b) A description of the qualifying project, including a 270 conceptual design of the facility or a conceptual plan for the 271 provision of services, and a schedule for the initiation of and 272 completion of the qualifying project which includes the proposed 273 major responsibilities and a timeline for activities to be 274 performed by both the public and private entity. 275 (c) A statement specifying the method by which the private 276 entity proposes to secure any necessary property interest 277 required for the qualifying project. 278 (d) Information relating to current plans for the 279 development of facilities or technology infrastructure to be 280 used by a public entity which is similar to the qualifying 281 project being proposed by the private entity, if any, of each 282 affected local jurisdiction. 283 (e) A list of all permits and approvals required for the 284 qualifying project from local, state, or federal agencies and a 285 projected schedule for obtaining such permits and approvals. 286 (f) A list of public water or wastewater management 287 facilities, if any, which will be crossed by the qualifying 288 project and a statement of the plans of the private entity to 289 accommodate such crossings. 290 (g) A statement specifying the private entity’s general 291 plans for financing the qualifying project, including the 292 sources of the private entity’s funds and identification of any 293 dedicated revenue source or proposed debt or equity investment 294 on the behalf of the private entity. 295 (h) The names and addresses of persons who may be contacted 296 for further information concerning the request. 297 (i) User fees, lease payments, and other service payments 298 over the term of an interim or comprehensive agreement, and the 299 methodology and circumstances for changes to such user fees, 300 lease payments, and other service payments over time. 301 (j) Any additional material and information that the 302 responsible public entity may reasonably request. 303 (6) PROJECT QUALIFICATION AND PROCESS.— 304 (a) The responsible public entity shall qualify the public 305 private partnerships as part of the procurement process outlined 306 in the procurement documents if such process ensures that the 307 private entity meets at least the minimum standards contained in 308 the responsible public entity’s guidelines for qualifying 309 professional architectural, engineering, and contracting 310 services before submitting a proposal under the procurement. 311 (b) The responsible public entity shall ensure that 312 procurement documents include provisions for the private 313 entity’s performance and payment of subcontractors, including, 314 but not limited to, surety bonds, letters of credit, parent 315 company guarantees, and lender and equity partner guarantees. 316 For those components of the qualifying project which involve 317 construction, performance and payment bonds are required and are 318 subject to the recordation, notice, suit limitation, and other 319 requirements of s. 255.05. The responsible public entity shall 320 balance the structure of the security package for the public 321 private partnership which ensures performance and payment of 322 subcontractors with the cost of the security to ensure the most 323 efficient pricing. The procurement documents must contain 324 contract provisions addressing termination, default, and exit 325 transition obligations of the private entity. 326 (c) After the public notification period has expired, the 327 responsible public entity shall rank the proposals in order of 328 preference. In ranking the proposals, the responsible public 329 entity may consider factors that include, but need not be 330 limited to, professional qualifications, general business terms, 331 innovative engineering or cost-reduction terms, and finance 332 plans. If the public entity is not satisfied with the results of 333 the negotiations with the first-ranked private entity, the 334 public entity may terminate negotiations and go to the second 335 ranked, then lower-ranked private entities, in order, using this 336 same procedure. If only one proposal is received, the 337 responsible public entity may negotiate in good faith and, if 338 the public entity is not satisfied with the results of the 339 negotiations, the public entity may terminate negotiations with 340 the proposer. Notwithstanding this subsection, the responsible 341 public entity may reject all proposals at any point in the 342 process up to execution of a contract with the proposer. 343 (d) The responsible public entity shall perform an 344 independent analysis, or other analysis in accordance with 345 paragraph (4)(f), of the proposed public-private partnership 346 which demonstrates the cost-effectiveness and overall public 347 benefit at the following times: 348 1. Before the procurement process; and 349 2. Before awarding the contract. 350 (e) The responsible public entity may approve the 351 development or operation of an educational facility, a water or 352 wastewater management facility and related infrastructure, a 353 technology infrastructure or other public infrastructure, or a 354 government facility needed by the public entity as a qualifying 355 project, or the design or equipping of a qualifying project so 356 developed or operated, if: 357 1. There is a public need for or benefit derived from a 358 project of the type that the private entity proposes as a 359 qualifying project; 360 2. The estimated cost of the qualifying project is 361 reasonable in relation to similar facilities; and 362 3. The private entity’s plans will result in the timely 363 acquisition, design, construction, improvement, renovation, 364 expansion, equipping, maintenance, or operation of the 365 qualifying project. 366 (f) The responsible public entity may charge a reasonable 367 application fee to cover the costs of processing, reviewing, and 368 evaluating the request, including, but not limited to, 369 reasonable attorney fees and fees for financial, technical, and 370 other necessary advisors or consultants. 371 (g) Upon approval of a qualifying project, the responsible 372 public entity must establish a date for the commencement of 373 activities related to the qualifying project. The responsible 374 public entity may extend such date. 375 (h) Approval of a qualifying project by the responsible 376 public entity is subject to entering into a comprehensive 377 agreement with the private entity. 378 (7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.— 379 (a) Any private entity requesting approval from, or 380 submitting a proposal to, a responsible public entity must 381 notify each affected local jurisdiction by furnishing a copy of 382 its request or proposal to each affected local jurisdiction. 383 (b) Each affected local jurisdiction that is not a 384 responsible public entity for the respective qualifying project 385 shall, within 60 days after receiving such notice, submit any 386 comment it may have in writing to the responsible public entity 387 and indicate whether the facility is compatible with the local 388 comprehensive plan, the local infrastructure development plan, 389 the capital improvements budget, or other governmental spending 390 plan. Before entering a comprehensive agreement with a private 391 entity, the responsible public entry must consider the affected 392 local jurisdictions’ comments. 393 (8) INTERIM AGREEMENT.—Before, or in connection with, the 394 negotiation of a comprehensive agreement, the responsible public 395 entity may enter into an interim agreement with the private 396 entity proposing the development or operation of the qualifying 397 project. An interim agreement does not obligate the responsible 398 public entity to enter into a comprehensive agreement. An 399 interim agreement must be limited to provisions that: 400 (a) Authorize the private entity to commence activities for 401 which it may be compensated related to the proposed qualifying 402 project, including, but not limited to, project planning and 403 development, design and engineering, environmental analysis and 404 mitigation, surveys, or other activities concerning any part of 405 the proposed qualifying project, and ascertaining the 406 availability of financing for the proposed facility or 407 facilities. 408 (b) Establish the process and timing of the negotiation of 409 the comprehensive agreement. 410 (c) Contain any other provisions related to any aspect of 411 the development or operation of a qualifying project which the 412 responsible public entity and the private entity deem 413 appropriate. 414 (9) COMPREHENSIVE AGREEMENT.— 415 (a) Before developing or operating the qualifying project, 416 the private entity shall enter into a comprehensive agreement 417 with the responsible public entity. The comprehensive agreement 418 must provide for: 419 1. Delivery of maintenance, performance, and payment bonds 420 and letters of credit in connection with the development or 421 operation of the qualifying project in the forms and amounts 422 satisfactory to the responsible public entity. For those 423 components of the qualifying project which involve construction, 424 the form and amount of the bonds must comply with s. 255.05. 425 2. Review of plans and specifications for the qualifying 426 project by the responsible public entity and approval by the 427 responsible public entity if the plans and specifications 428 conform to standards acceptable to the responsible public 429 entity. This subparagraph does not require the private entity to 430 complete the design of the qualifying project before the 431 execution of the comprehensive agreement. 432 3. Inspection of the qualifying project by the responsible 433 public entity to ensure that the operator’s activities are 434 acceptable to the public entity in accordance with the 435 comprehensive agreement. 436 4. Maintenance of a policy or policies of public liability 437 insurance, copies of which shall be filed with the responsible 438 public entity accompanied by proofs of coverage or self 439 insurance, each in the form and amount satisfactory to the 440 responsible public entity and reasonably sufficient to ensure 441 coverage of tort liability to the public and employees and to 442 enable the continued operation of the qualifying project. 443 5. Monitoring of the practices of the private entity by the 444 responsible public entity to ensure that the qualifying project 445 is properly maintained. 446 6. Reimbursement to be paid to the responsible public 447 entity for services provided by the responsible public entity. 448 7. Filing of appropriate financial statements on a periodic 449 basis. 450 8. Procedures governing the rights and responsibilities of 451 the responsible public entity and the private entity in the 452 event the comprehensive agreement is terminated or there is a 453 material default by the private entity. Such procedures must 454 include conditions governing assumption of the duties and 455 responsibilities of the private entity by the responsible public 456 entity and the transfer or purchase of property or other 457 interests of the private entity by the responsible public 458 entity. 459 9. User fees, lease payments, or service payments as may be 460 established by agreement of the parties. A copy of any service 461 contract shall be filed with the responsible public entity. In 462 negotiating user fees, the parties shall establish user fees 463 that are the same for persons using the facility under like 464 conditions and that will not materially discourage use of the 465 qualifying project. The execution of the comprehensive agreement 466 or any amendment thereto constitutes conclusive evidence that 467 the user fees, lease payments, or service payments provided for 468 comply with this section. User fees or lease payments 469 established in the comprehensive agreement as a source of 470 revenues may be in addition to, or in lieu of, service payments. 471 10. Duties of the private entity, including terms and 472 conditions that the responsible public entity determine serve 473 the public purpose of this section. 474 (b) The comprehensive agreement may include: 475 1. An agreement by the responsible public entity to make 476 grants or loans to the private entity from amounts received from 477 the federal, state, or local government or any agency or 478 instrumentality thereof. 479 2. Provisions under which each entity agrees to provide 480 notice of default and cure rights for the benefit of the other 481 entity, including, but not limited to, provisions regarding 482 unavoidable delays. 483 3. Provisions whereby the authority and duties of the 484 private entity under this section will cease and the qualifying 485 project will be dedicated to the responsible public entity or, 486 if the qualifying project was initially dedicated to an affected 487 local jurisdiction, to such affected local jurisdiction for 488 public use. 489 (10) USER FEES.— 490 (a) An agreement that is entered into pursuant to this 491 section may authorize the private entity to impose user fees for 492 the use of the facility. The following provisions apply to such 493 agreement: 494 1. The responsible public entity shall ensure that the 495 facility is properly operated, maintained, and renewed in 496 accordance with the responsible public entity’s standards. 497 2. The responsible public entity may develop a new facility 498 or increase the capacity of the existing facility through a 499 public-private partnership. 500 3. The responsible public entity may lease the existing 501 fee-for-use facility through a public-private partnership. 502 4. The responsible public entity shall regulate any 503 revenues pursuant to guidelines or rules established in 504 subsection (3). 505 5. The regulations governing the future increase of user 506 fees must be included in the public-private partnership 507 agreement. 508 (b) The responsible public entity shall include provisions 509 in the public-private partnership agreement which ensure that a 510 negotiated portion of revenues from user-fee-generating projects 511 are returned to the public entity over the life of the 512 agreement. In the case of a lease of an existing facility, the 513 responsible public entity shall receive a portion of funds upon 514 closing on the agreements and also a portion of excess revenues 515 over the life of the public-private partnership. 516 (11) FINANCING.— 517 (a) A private entity may enter into a financing agreement 518 with private financing sources. All financing agreements and all 519 liens on the property or facility must be paid in full at the 520 applicable closing that transfers the ownership of the facility 521 to the responsible public entity. 522 (b) The responsible public entity may lend funds from its 523 trust fund to a private entity that constructs a project 524 containing a facility which is approved under this section. To 525 be eligible, the private entity must comply with s. 215.97 and 526 must provide an indication from a nationally recognized rating 527 agency that the senior bonds for the project will be investment 528 grade, or must provide credit support, such as a letter of 529 credit or other means acceptable to the responsible public 530 entity, to ensure that the loans will be fully repaid. 531 (c) The responsible public entity may use innovative 532 finance techniques associated with a public-private partnership 533 under this section, including, but not limited to, federal loans 534 as provided in 23 and 49 C.F.R., commercial bank loans, and 535 hedges against inflation from commercial banks or other private 536 sources. The responsible public entity may use the model 537 financing agreement as provided in s. 489.145(6) for its 538 financing of a facility owned by the responsible public entity. 539 A financing agreement may not require the responsible public 540 entity to indemnify the financing source, subject the 541 responsible public entity’s facility to liens in violation of s. 542 11.066(5), or secure financing by the responsible public entity 543 with a pledge of security interest, and any such provisions are 544 void. 545 (12) POWERS AND DUTIES OF THE PRIVATE ENTITY.— 546 (a) The private entity shall: 547 1. Develop or operate the qualifying project in a manner 548 that is acceptable to the responsible public entity in 549 accordance with the provisions of the interim or comprehensive 550 agreement. 551 2. Maintain, or provide by contract for the maintenance or 552 upgrade of, the qualifying project if required by the interim or 553 comprehensive agreement. 554 3. Cooperate with the responsible public entity in making 555 the best efforts to establish any interconnection with the 556 qualifying project requested by the responsible public entity. 557 4. Comply with the interim or comprehensive agreement and 558 any lease or service contract. 559 (b) Each private facility constructed pursuant to this 560 section must comply with all requirements of federal, state, and 561 local laws; state, regional, and local comprehensive plans; 562 responsible public entity rules, procedures, and standards for 563 facilities; and any other conditions that the responsible public 564 entity determines to be in the public’s best interest. 565 (c) The responsible public entity may provide services to 566 the private entity. Agreements for maintenance and other 567 services entered into pursuant to this section must provide for 568 full reimbursement for services rendered for the project. 569 (d) The private entity of the qualifying project may 570 provide additional services for the qualifying project to a 571 public or private entity other than the responsible public 572 entity if the provision of additional service does not impair 573 the private entity’s ability to meet its commitments to the 574 public entity pursuant to the interim or comprehensive 575 agreement. 576 (13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon 577 expiration or termination of the interim or comprehensive 578 agreement, the responsible public entity may use revenues to pay 579 current operation and maintenance costs of the qualifying 580 project, as well as compensation to the responsible public 581 entity for its services in developing and operating the 582 qualifying project. Except as provided otherwise in the interim 583 or comprehensive agreement, the right to receive such payment, 584 if any, is considered just compensation for the qualifying 585 project in the event termination is due to the default of the 586 private entity; however, this right does not affect the right of 587 the responsible public entity to terminate, with cause, the 588 interim or comprehensive agreement and to exercise any other 589 rights and remedies that may be available to it at law or in 590 equity. The full faith and credit of the responsible public 591 entity may not be pledged to secure any financing of the private 592 entity by the election to take over the qualifying project. 593 Assumption of the development or operation of the qualifying 594 project does not obligate the responsible public entity to pay 595 any obligation of the private entity from sources other than 596 revenues. 597 (14) SOVEREIGN IMMUNITY.—This section does not waive the 598 sovereign immunity of the state, any responsible public entity, 599 any affected local jurisdiction, or any officer or employee 600 thereof with respect to participation in, or approval of, all or 601 any part of the qualifying project or its operation, including, 602 but not limited to, interconnection of the qualifying project 603 with any other infrastructure or project. A county and 604 municipality in which a qualifying project is located possess 605 sovereign immunity with respect to the project, including, but 606 not limited to, its design, construction, and operation. 607 (15) CONSTRUCTION.—This section shall be liberally 608 construed to carry out the purposes thereof. 609 (a) This section does not limit the state or its agencies 610 in the acquisition, design, or construction of public projects 611 pursuant to other statutory authority. 612 (b) Except as otherwise provided in this section, this 613 section does not amend existing laws by granting additional 614 powers to, or further restricting, local governmental entities 615 from regulating and entering into cooperative arrangements with 616 the private sector for the planning, construction, and operation 617 of facilities. 618 (c) This section does not waive any requirement of s. 619 287.055. 620 Section 2. This act shall take effect July 1, 2013.