Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for SB 1214
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Evers moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 707 and 708
    4  insert:
    5         Section 7. Section 287.05712, Florida Statutes, is
    6  renumbered as section 255.065, Florida Statutes, and amended to
    7  read:
    8         255.065 287.05712 Public-private partnerships.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Affected local jurisdiction” means a county,
   11  municipality, or special district in which all or a portion of a
   12  qualifying project is located.
   13         (b) “Develop” means to plan, design, finance, lease,
   14  acquire, install, construct, or expand.
   15         (c) “Fees” means charges imposed by the private entity of a
   16  qualifying project for use of all or a portion of such
   17  qualifying project pursuant to a comprehensive agreement.
   18         (d) “Lease payment” means any form of payment, including a
   19  land lease, by a public entity to the private entity of a
   20  qualifying project for the use of the project.
   21         (e) “Material default” means a nonperformance of its duties
   22  by the private entity of a qualifying project which jeopardizes
   23  adequate service to the public from the project.
   24         (f) “Operate” means to finance, maintain, improve, equip,
   25  modify, or repair.
   26         (g) “Private entity” means any natural person, corporation,
   27  general partnership, limited liability company, limited
   28  partnership, joint venture, business trust, public benefit
   29  corporation, nonprofit entity, or other private business entity.
   30         (h) “Proposal” means a plan for a qualifying project with
   31  detail beyond a conceptual level for which terms such as fixing
   32  costs, payment schedules, financing, deliverables, and project
   33  schedule are defined.
   34         (i) “Qualifying project” means:
   35         1. A facility or project that serves a public purpose,
   36  including, but not limited to, any ferry or mass transit
   37  facility, vehicle parking facility, airport or seaport facility,
   38  rail facility or project, fuel supply facility, oil or gas
   39  pipeline, medical or nursing care facility, recreational
   40  facility, sporting or cultural facility, or educational facility
   41  or other building or facility that is used or will be used by a
   42  public educational institution, or any other public facility or
   43  infrastructure that is used or will be used by the public at
   44  large or in support of an accepted public purpose or activity;
   45         2. An improvement, including equipment, of a building that
   46  will be principally used by a public entity or the public at
   47  large or that supports a service delivery system in the public
   48  sector;
   49         3. A water, wastewater, or surface water management
   50  facility or other related infrastructure; or
   51         4. Notwithstanding any provision of this section, for
   52  projects that involve a facility owned or operated by the
   53  governing board of a county, district, or municipal hospital or
   54  health care system, or projects that involve a facility owned or
   55  operated by a municipal electric utility, only those projects
   56  that the governing board designates as qualifying projects
   57  pursuant to this section.
   58         (j) “Responsible public entity” means a county,
   59  municipality, school district, special district, or Florida
   60  College System institution board, or any other political
   61  subdivision of the state; a public body corporate and politic;
   62  or a regional entity that serves a public purpose and is
   63  authorized to develop or operate a qualifying project.
   64         (k) “Revenues” means the income, earnings, user fees, lease
   65  payments, or other service payments relating to the development
   66  or operation of a qualifying project, including, but not limited
   67  to, money received as grants or otherwise from the Federal
   68  Government, a public entity, or an agency or instrumentality
   69  thereof in aid of the qualifying project.
   70         (l) “Service contract” means a contract between a
   71  responsible public entity and the private entity which defines
   72  the terms of the services to be provided with respect to a
   73  qualifying project.
   74         (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   75  that there is a public need for the construction or upgrade of
   76  facilities that are used predominantly for public purposes and
   77  that it is in the public’s interest to provide for the
   78  construction or upgrade of such facilities.
   79         (a) The Legislature also finds that:
   80         1. There is a public need for timely and cost-effective
   81  acquisition, design, construction, improvement, renovation,
   82  expansion, equipping, maintenance, operation, implementation, or
   83  installation of projects serving a public purpose, including
   84  educational facilities, transportation facilities, water or
   85  wastewater management facilities and infrastructure, technology
   86  infrastructure, roads, highways, bridges, and other public
   87  infrastructure and government facilities within the state which
   88  serve a public need and purpose, and that such public need may
   89  not be wholly satisfied by existing procurement methods.
   90         2. There are inadequate resources to develop new
   91  educational facilities, transportation facilities, water or
   92  wastewater management facilities and infrastructure, technology
   93  infrastructure, roads, highways, bridges, and other public
   94  infrastructure and government facilities for the benefit of
   95  residents of this state, and that a public-private partnership
   96  has demonstrated that it can meet the needs by improving the
   97  schedule for delivery, lowering the cost, and providing other
   98  benefits to the public.
   99         3. There may be state and federal tax incentives that
  100  promote partnerships between public and private entities to
  101  develop and operate qualifying projects.
  102         4. A procurement under this section serves the public
  103  purpose of this section if such procurement facilitates the
  104  timely development or operation of a qualifying project.
  105         (b) It is the intent of the Legislature to encourage
  106  investment in the state by private entities; to facilitate
  107  various bond financing mechanisms, private capital, and other
  108  funding sources for the development and operation of qualifying
  109  projects, including expansion and acceleration of such financing
  110  to meet the public need; and to provide the greatest possible
  111  flexibility to public and private entities contracting for the
  112  provision of public services.
  114         (a) There is created the Partnership for Public Facilities
  115  and Infrastructure Act Guidelines Task Force for the purpose of
  116  recommending guidelines for the Legislature to consider for
  117  purposes of creating a uniform process for establishing public
  118  private partnerships, including the types of factors responsible
  119  public entities should review and consider when processing
  120  requests for public-private partnership projects pursuant to
  121  this section.
  122         (b) The task force shall be composed of seven members, as
  123  follows:
  124         1. The Secretary of Management Services or his or her
  125  designee, who shall serve as chair of the task force.
  126         2. Six members appointed by the Governor, as follows:
  127         a. One county government official.
  128         b. One municipal government official.
  129         c. One district school board member.
  130         d. Three representatives of the business community.
  131         (c) Task force members must be appointed by July 31, 2013.
  132  By August 31, 2013, the task force shall meet to establish
  133  procedures for the conduct of its business and to elect a vice
  134  chair. The task force shall meet at the call of the chair. A
  135  majority of the members of the task force constitutes a quorum,
  136  and a quorum is necessary for the purpose of voting on any
  137  action or recommendation of the task force. All meetings shall
  138  be held in Tallahassee, unless otherwise decided by the task
  139  force, and then no more than two such meetings may be held in
  140  other locations for the purpose of taking public testimony.
  141  Administrative and technical support shall be provided by the
  142  department. Task force members shall serve without compensation
  143  and are not entitled to reimbursement for per diem or travel
  144  expenses.
  145         (d) In reviewing public-private partnerships and developing
  146  recommendations, the task force must consider:
  147         1. Opportunities for competition through public notice and
  148  the availability of representatives of the responsible public
  149  entity to meet with private entities considering a proposal.
  150         2. Reasonable criteria for choosing among competing
  151  proposals.
  152         3. Suggested timelines for selecting proposals and
  153  negotiating an interim or comprehensive agreement.
  154         4. If an accelerated selection and review and documentation
  155  timelines should be considered for proposals involving a
  156  qualifying project that the responsible public entity deems a
  157  priority.
  158         5. Procedures for financial review and analysis which, at a
  159  minimum, include a cost-benefit analysis, an assessment of
  160  opportunity cost, and consideration of the results of all
  161  studies and analyses related to the proposed qualifying project.
  162         6. The adequacy of the information released when seeking
  163  competing proposals and providing for the enhancement of that
  164  information, if deemed necessary, to encourage competition.
  165         7. Current exemptions from public records and public
  166  meetings requirements, if any changes to those exemptions are
  167  necessary, or if any new exemptions should be created in order
  168  to maintain the confidentiality of financial and proprietary
  169  information received as part of an unsolicited proposal.
  170         8. Recommendations regarding the authority of the
  171  responsible public entity to engage the services of qualified
  172  professionals, which may include a Florida-registered
  173  professional or a certified public accountant, not otherwise
  174  employed by the responsible public entity, to provide an
  175  independent analysis regarding the specifics, advantages,
  176  disadvantages, and long-term and short-term costs of a request
  177  by a private entity for approval of a qualifying project, unless
  178  the governing body of the public entity determines that such
  179  analysis should be performed by employees of the public entity.
  180         (e) The task force must submit a final report of its
  181  recommendations to the Governor, the President of the Senate,
  182  and the Speaker of the House of Representatives by July 1, 2014.
  183         (f) The task force is terminated December 31, 2014. The
  184  establishment of guidelines pursuant to this section or the
  185  adoption of such guidelines by a responsible public entity is
  186  not required for such entity to request or receive proposals for
  187  a qualifying project or to enter into a comprehensive agreement
  188  for a qualifying project. A responsible public entity may adopt
  189  guidelines so long as such guidelines are not inconsistent with
  190  this section.
  191         (3)(4) PROCUREMENT PROCEDURES.—A responsible public entity
  192  may receive unsolicited proposals or may solicit proposals for
  193  qualifying projects and may thereafter enter into a
  194  comprehensive an agreement with a private entity, or a
  195  consortium of private entities, for the building, upgrading,
  196  operating, ownership, or financing of facilities.
  197         (a)1. The responsible public entity may establish a
  198  reasonable application fee for the submission of an unsolicited
  199  proposal under this section.
  200         2. A private entity that submits an unsolicited proposal to
  201  a responsible public entity must concurrently pay an initial
  202  application fee, as determined by the responsible public entity.
  203  Payment must be made by cash, cashier’s check, or other
  204  noncancelable instrument. Personal checks may not be accepted.
  205         3. If the initial application fee does not cover the
  206  responsible public entity’s costs to evaluate the unsolicited
  207  proposal, the responsible public entity must request in writing
  208  the additional amounts required. The private entity must pay the
  209  requested additional amounts within 30 days after receipt of the
  210  notice. The responsible public entity may stop its review of the
  211  unsolicited proposal if the private entity fails to pay the
  212  additional fee.
  213         4. If the responsible public entity does not evaluate the
  214  unsolicited proposal, the responsible public entity must return
  215  the application fee The fee must be sufficient to pay the costs
  216  of evaluating the proposal. The responsible public entity may
  217  engage the services of a private consultant to assist in the
  218  evaluation.
  219         (b) The responsible public entity may request a proposal
  220  from private entities for a qualifying public-private project
  221  or, if the responsible public entity receives an unsolicited
  222  proposal for a qualifying public-private project and the
  223  responsible public entity intends to enter into a comprehensive
  224  agreement for the project described in the such unsolicited
  225  proposal, the responsible public entity shall publish notice in
  226  the Florida Administrative Register and a newspaper of general
  227  circulation at least once a week for 2 weeks stating that the
  228  responsible public entity has received a proposal and will
  229  accept other proposals for the same project. The timeframe
  230  within which the responsible public entity may accept other
  231  proposals shall be determined by the responsible public entity
  232  on a project-by-project basis based upon the complexity of the
  233  qualifying project and the public benefit to be gained by
  234  allowing a longer or shorter period of time within which other
  235  proposals may be received; however, the timeframe for allowing
  236  other proposals must be at least 21 days, but no more than 120
  237  days, after the initial date of publication. If approved by a
  238  majority vote of the responsible public entity’s governing body,
  239  the responsible public entity may alter the timeframe for
  240  accepting proposals to more adequately suit the needs of the
  241  qualifying project. A copy of the notice must be mailed to each
  242  local government in the affected area.
  243         (c) If the responsible public entity solicits proposals
  244  under this section, the solicitation must include a design
  245  criteria package prepared by an architect, engineer, or
  246  landscape architect licensed in this state which is sufficient
  247  to allow private entities to prepare a bid or a response. The
  248  design criteria package must specify performance-based criteria
  249  for the project, including the legal description of the site,
  250  with survey information; interior space requirements; material
  251  quality standards; schematic layouts and conceptual design
  252  criteria for the project; cost or budget estimates; design and
  253  construction schedules; and site development and utility
  254  requirements A responsible public entity that is a school board
  255  may enter into a comprehensive agreement only with the approval
  256  of the local governing body.
  257         (d) Before approving a comprehensive agreement approval,
  258  the responsible public entity must determine that the proposed
  259  project:
  260         1. Is in the public’s best interest.
  261         2. Is for a facility that is owned by the responsible
  262  public entity or for a facility for which ownership will be
  263  conveyed to the responsible public entity.
  264         3. Has adequate safeguards in place to ensure that
  265  additional costs or service disruptions are not imposed on the
  266  public in the event of material default or cancellation of the
  267  comprehensive agreement by the responsible public entity.
  268         4. Has adequate safeguards in place to ensure that the
  269  responsible public entity or private entity has the opportunity
  270  to add capacity to the proposed project or other facilities
  271  serving similar predominantly public purposes.
  272         5. Will be owned by the responsible public entity upon
  273  completion, expiration, or termination of the comprehensive
  274  agreement and upon payment of the amounts financed.
  275         (e) Before signing a comprehensive agreement, the
  276  responsible public entity must consider a reasonable finance
  277  plan that is consistent with subsection (9) (11); the qualifying
  278  project cost; revenues by source; available financing; major
  279  assumptions; internal rate of return on private investments, if
  280  governmental funds are assumed in order to deliver a cost
  281  feasible project; and a total cash-flow analysis beginning with
  282  the implementation of the project and extending for the term of
  283  the comprehensive agreement.
  284         (f) In considering an unsolicited proposal, the responsible
  285  public entity may require from the private entity a technical
  286  study prepared by a nationally recognized expert with experience
  287  in preparing analysis for bond rating agencies. In evaluating
  288  the technical study, the responsible public entity may rely upon
  289  internal staff reports prepared by personnel familiar with the
  290  operation of similar facilities or the advice of external
  291  advisors or consultants who have relevant experience.
  292         (4)(5) PROJECT APPROVAL REQUIREMENTS.—An unsolicited
  293  proposal from a private entity for approval of a qualifying
  294  project must be accompanied by the following material and
  295  information, unless waived by the responsible public entity:
  296         (a) A description of the qualifying project, including the
  297  conceptual design of the facilities or a conceptual plan for the
  298  provision of services, and a schedule for the initiation and
  299  completion of the qualifying project.
  300         (b) A description of the method by which the private entity
  301  proposes to secure the necessary property interests that are
  302  required for the qualifying project.
  303         (c) A description of the private entity’s general plans for
  304  financing the qualifying project, including the sources of the
  305  private entity’s funds and the identity of any dedicated revenue
  306  source or proposed debt or equity investment on behalf of the
  307  private entity.
  308         (d) The name and address of a person who may be contacted
  309  for additional information concerning the proposal.
  310         (e) The proposed user fees, lease payments, or other
  311  service payments over the term of a comprehensive agreement, and
  312  the methodology for and circumstances that would allow changes
  313  to the user fees, lease payments, and other service payments
  314  over time.
  315         (f) Additional material or information that the responsible
  316  public entity reasonably requests.
  318  Any pricing or financial terms included in an unsolicited
  319  proposal must be specific as to when the pricing or terms
  320  expire.
  322         (a) The private entity, or the applicable party or parties
  323  of the private entity’s team, must meet the minimum standards
  324  contained in the responsible public entity’s guidelines for
  325  qualifying professional services and contracts for traditional
  326  procurement projects.
  327         (b) The responsible public entity must:
  328         1. Ensure that provision is made for the private entity’s
  329  performance and payment of subcontractors, including, but not
  330  limited to, surety bonds, letters of credit, parent company
  331  guarantees, and lender and equity partner guarantees. For the
  332  components of the qualifying project which involve construction
  333  performance and payment, bonds are required and are subject to
  334  the recordation, notice, suit limitation, and other requirements
  335  of s. 255.05.
  336         2. Ensure the most efficient pricing of the security
  337  package that provides for the performance and payment of
  338  subcontractors.
  339         3. Ensure that provision is made for the transfer of the
  340  private entity’s obligations if the comprehensive agreement
  341  addresses termination upon is terminated or a material default
  342  of the comprehensive agreement occurs.
  343         (c) After the public notification period has expired in the
  344  case of an unsolicited proposal, the responsible public entity
  345  shall rank the proposals received in order of preference. In
  346  ranking the proposals, the responsible public entity may
  347  consider factors that include, but are not limited to,
  348  professional qualifications, general business terms, innovative
  349  design techniques or cost-reduction terms, and finance plans.
  350  The responsible public entity may then begin negotiations for a
  351  comprehensive agreement with the highest-ranked firm. If the
  352  responsible public entity is not satisfied with the results of
  353  the negotiations, the responsible public entity may terminate
  354  negotiations with the proposer and negotiate with the second
  355  ranked or subsequent-ranked firms, in the order consistent with
  356  this procedure. If only one proposal is received, the
  357  responsible public entity may negotiate in good faith, and if
  358  the responsible public entity is not satisfied with the results
  359  of the negotiations, the responsible public entity may terminate
  360  negotiations with the proposer. Notwithstanding this paragraph,
  361  the responsible public entity may reject all proposals at any
  362  point in the process until a contract with the proposer is
  363  executed.
  364         (d) The responsible public entity shall perform an
  365  independent analysis of the proposed public-private partnership
  366  which demonstrates the cost-effectiveness and overall public
  367  benefit before the procurement process is initiated or before
  368  the contract is awarded.
  369         (e) The responsible public entity may approve the
  370  development or operation of an educational facility, a
  371  transportation facility, a water or wastewater management
  372  facility or related infrastructure, a technology infrastructure
  373  or other public infrastructure, or a government facility needed
  374  by the responsible public entity as a qualifying project, or the
  375  design or equipping of a qualifying project that is developed or
  376  operated, if:
  377         1. There is a public need for or benefit derived from a
  378  project of the type that the private entity proposes as the
  379  qualifying project.
  380         2. The estimated cost of the qualifying project is
  381  reasonable in relation to similar facilities.
  382         3. The private entity’s plans will result in the timely
  383  acquisition, design, construction, improvement, renovation,
  384  expansion, equipping, maintenance, or operation of the
  385  qualifying project.
  386         (f) The responsible public entity may charge a reasonable
  387  fee to cover the costs of processing, reviewing, and evaluating
  388  the request, including, but not limited to, reasonable attorney
  389  fees and fees for financial and technical advisors or
  390  consultants and for other necessary advisors or consultants.
  391         (g) Upon approval of a qualifying project, the responsible
  392  public entity shall establish a date for the commencement of
  393  activities related to the qualifying project. The responsible
  394  public entity may extend the commencement date.
  395         (h) Approval of a qualifying project by the responsible
  396  public entity is subject to entering into a comprehensive
  397  agreement with the private entity.
  399         (a) The responsible public entity must notify each affected
  400  local jurisdiction by furnishing a copy of the proposal to each
  401  affected local jurisdiction when considering a proposal for a
  402  qualifying project.
  403         (b) Each affected local jurisdiction that is not a
  404  responsible public entity for the respective qualifying project
  405  may, within 60 days after receiving the notice, submit in
  406  writing any comments to the responsible public entity and
  407  indicate whether the facility is incompatible with the local
  408  comprehensive plan, the local infrastructure development plan,
  409  the capital improvements budget, any development of regional
  410  impact processes or timelines, or other governmental spending
  411  plan. The responsible public entity shall consider the comments
  412  of the affected local jurisdiction before entering into a
  413  comprehensive agreement with a private entity. If an affected
  414  local jurisdiction fails to respond to the responsible public
  415  entity within the time provided in this paragraph, the
  416  nonresponse is deemed an acknowledgment by the affected local
  417  jurisdiction that the qualifying project is compatible with the
  418  local comprehensive plan, the local infrastructure development
  419  plan, the capital improvements budget, or other governmental
  420  spending plan.
  421         (6)(8) INTERIM AGREEMENT.—Before or in connection with the
  422  negotiation of a comprehensive agreement, the responsible public
  423  entity may enter into an interim agreement with the private
  424  entity proposing the development or operation of the qualifying
  425  project. An interim agreement does not obligate the responsible
  426  public entity to enter into a comprehensive agreement. The
  427  interim agreement is discretionary with the parties and is not
  428  required on a qualifying project for which the parties may
  429  proceed directly to a comprehensive agreement without the need
  430  for an interim agreement. An interim agreement must be limited
  431  to provisions that:
  432         (a) Authorize the private entity to commence activities for
  433  which it may be compensated related to the proposed qualifying
  434  project, including, but not limited to, project planning and
  435  development, design, environmental analysis and mitigation,
  436  survey, other activities concerning any part of the proposed
  437  qualifying project, and ascertaining the availability of
  438  financing for the proposed facility or facilities.
  439         (b) Establish the process and timing of the negotiation of
  440  the comprehensive agreement.
  441         (c) Contain such other provisions related to an aspect of
  442  the development or operation of a qualifying project that the
  443  responsible public entity and the private entity deem
  444  appropriate.
  445         (7)(9) COMPREHENSIVE AGREEMENT.—
  446         (a) Before developing or operating the qualifying project,
  447  the private entity must enter into a comprehensive agreement
  448  with the responsible public entity. The comprehensive agreement
  449  must provide for:
  450         1. Delivery of performance and payment bonds, letters of
  451  credit, or other security acceptable to the responsible public
  452  entity in connection with the development or operation of the
  453  qualifying project in the form and amount satisfactory to the
  454  responsible public entity. For the components of the qualifying
  455  project which involve construction, the form and amount of the
  456  bonds must comply with s. 255.05.
  457         2. Review of the design for the qualifying project by the
  458  responsible public entity and, if the design conforms to
  459  standards acceptable to the responsible public entity, the
  460  approval of the responsible public entity. This subparagraph
  461  does not require the private entity to complete the design of
  462  the qualifying project before the execution of the comprehensive
  463  agreement.
  464         3. Inspection of the qualifying project by the responsible
  465  public entity to ensure that the private entity’s activities are
  466  acceptable to the responsible public entity in accordance with
  467  the comprehensive agreement.
  468         4. Maintenance of a policy of public liability insurance, a
  469  copy of which must be filed with the responsible public entity
  470  and accompanied by proofs of coverage, or self-insurance, each
  471  in the form and amount satisfactory to the responsible public
  472  entity and reasonably sufficient to ensure coverage of tort
  473  liability to the public and employees and to enable the
  474  continued operation of the qualifying project.
  475         5. Monitoring by the responsible public entity of the
  476  maintenance practices to be performed by the private entity to
  477  ensure that the qualifying project is properly maintained.
  478         6. Periodic filing by the private entity of the appropriate
  479  financial statements that pertain to the qualifying project.
  480         7. Procedures that govern the rights and responsibilities
  481  of the responsible public entity and the private entity in the
  482  course of the construction and operation of the qualifying
  483  project and in the event of the termination of the comprehensive
  484  agreement or a material default by the private entity. The
  485  procedures must include conditions that govern the assumption of
  486  the duties and responsibilities of the private entity by an
  487  entity that funded, in whole or part, the qualifying project or
  488  by the responsible public entity, and must provide for the
  489  transfer or purchase of property or other interests of the
  490  private entity by the responsible public entity.
  491         8. Fees, lease payments, or service payments. In
  492  negotiating user fees, the fees must be the same for persons
  493  using the facility under like conditions and must not materially
  494  discourage use of the qualifying project. The execution of the
  495  comprehensive agreement or a subsequent amendment is conclusive
  496  evidence that the fees, lease payments, or service payments
  497  provided for in the comprehensive agreement comply with this
  498  section. Fees or lease payments established in the comprehensive
  499  agreement as a source of revenue may be in addition to, or in
  500  lieu of, service payments.
  501         9. Duties of the private entity, including the terms and
  502  conditions that the responsible public entity determines serve
  503  the public purpose of this section.
  504         (b) The comprehensive agreement may include:
  505         1. An agreement by the responsible public entity to make
  506  grants or loans to the private entity from amounts received from
  507  the federal, state, or local government or an agency or
  508  instrumentality thereof.
  509         2. A provision under which each entity agrees to provide
  510  notice of default and cure rights for the benefit of the other
  511  entity, including, but not limited to, a provision regarding
  512  unavoidable delays.
  513         3. A provision that terminates the authority and duties of
  514  the private entity under this section and dedicates the
  515  qualifying project to the responsible public entity or, if the
  516  qualifying project was initially dedicated by an affected local
  517  jurisdiction, to the affected local jurisdiction for public use.
  518         (8)(10) FEES.—A comprehensive An agreement entered into
  519  pursuant to this section may authorize the private entity to
  520  impose fees to members of the public for the use of the
  521  facility. The following provisions apply to the comprehensive
  522  agreement:
  523         (a) The responsible public entity may develop new
  524  facilities or increase capacity in existing facilities through a
  525  comprehensive agreement with a private entity agreements with
  526  public-private partnerships.
  527         (b) The comprehensive public-private partnership agreement
  528  must ensure that the facility is properly operated, maintained,
  529  or improved in accordance with standards set forth in the
  530  comprehensive agreement.
  531         (c) The responsible public entity may lease existing fee
  532  for-use facilities through a comprehensive public-private
  533  partnership agreement.
  534         (d) Any revenues must be authorized by and applied in the
  535  manner set forth in regulated by the responsible public entity
  536  pursuant to the comprehensive agreement.
  537         (e) A negotiated portion of revenues from fee-generating
  538  uses may must be returned to the responsible public entity over
  539  the life of the comprehensive agreement.
  540         (9)(11) FINANCING.—
  541         (a) A private entity may enter into a private-source
  542  financing agreement between financing sources and the private
  543  entity. A financing agreement and any liens on the property or
  544  facility must be paid in full at the applicable closing that
  545  transfers ownership or operation of the facility to the
  546  responsible public entity at the conclusion of the term of the
  547  comprehensive agreement.
  548         (b) The responsible public entity may lend funds to private
  549  entities that construct projects containing facilities that are
  550  approved under this section.
  551         (c) The responsible public entity may use innovative
  552  finance techniques associated with a public-private partnership
  553  under this section, including, but not limited to, federal loans
  554  as provided in Titles 23 and 49 C.F.R., commercial bank loans,
  555  and hedges against inflation from commercial banks or other
  556  private sources. In addition, the responsible public entity may
  557  provide its own capital or operating budget to support a
  558  qualifying project. The budget may be from any legally
  559  permissible funding sources of the responsible public entity,
  560  including the proceeds of debt issuances. A responsible public
  561  entity may use the model financing agreement provided in s.
  562  489.145(6) for its financing of a facility owned by a
  563  responsible public entity. A financing agreement may not require
  564  the responsible public entity to indemnify the financing source,
  565  subject the responsible public entity’s facility to liens in
  566  violation of s. 11.066(5), or secure financing of by the
  567  responsible public entity by a mortgage on, or security interest
  568  in, the real or tangible personal property of the responsible
  569  public entity in a manner that could result in the loss of the
  570  fee ownership of the property by the responsible public entity
  571  with a pledge of security interest, and any such provision is
  572  void.
  573         (d) A responsible public entity shall appropriate on a
  574  priority basis as required by the comprehensive agreement a
  575  contractual payment obligation, annual or otherwise, from the
  576  enterprise or other government fund from which the qualifying
  577  projects will be funded. This required payment obligation must
  578  be appropriated before other noncontractual obligations payable
  579  from the same enterprise or other government fund.
  581         (a) The private entity shall:
  582         1. Develop or operate the qualifying project in a manner
  583  that is acceptable to the responsible public entity in
  584  accordance with the provisions of the comprehensive agreement.
  585         2. Maintain, or provide by contract for the maintenance or
  586  improvement of, the qualifying project if required by the
  587  comprehensive agreement.
  588         3. Cooperate with the responsible public entity in making
  589  best efforts to establish interconnection between the qualifying
  590  project and any other facility or infrastructure as requested by
  591  the responsible public entity in accordance with the provisions
  592  of the comprehensive agreement.
  593         4. Comply with the comprehensive agreement and any lease or
  594  service contract.
  595         (b) Each private facility that is constructed pursuant to
  596  this section must comply with the requirements of federal,
  597  state, and local laws; state, regional, and local comprehensive
  598  plans; the responsible public entity’s rules, procedures, and
  599  standards for facilities; and such other conditions that the
  600  responsible public entity determines to be in the public’s best
  601  interest and that are included in the comprehensive agreement.
  602         (c) The responsible public entity may provide services to
  603  the private entity. An agreement for maintenance and other
  604  services entered into pursuant to this section must provide for
  605  full reimbursement for services rendered for qualifying
  606  projects.
  607         (d) A private entity of a qualifying project may provide
  608  additional services for the qualifying project to the public or
  609  to other private entities if the provision of additional
  610  services does not impair the private entity’s ability to meet
  611  its commitments to the responsible public entity pursuant to the
  612  comprehensive agreement.
  613         (11)(13) EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the
  614  expiration or termination of a comprehensive agreement, the
  615  responsible public entity may use revenues from the qualifying
  616  project to pay current operation and maintenance costs of the
  617  qualifying project. If the private entity materially defaults
  618  under the comprehensive agreement, the compensation that is
  619  otherwise due to the private entity is payable to satisfy all
  620  financial obligations to investors and lenders on the qualifying
  621  project in the same way that is provided in the comprehensive
  622  agreement or any other agreement involving the qualifying
  623  project, if the costs of operating and maintaining the
  624  qualifying project are paid in the normal course. Revenues in
  625  excess of the costs for operation and maintenance costs may be
  626  paid to the investors and lenders to satisfy payment obligations
  627  under their respective agreements. A responsible public entity
  628  may terminate with cause and without prejudice a comprehensive
  629  agreement and may exercise any other rights or remedies that may
  630  be available to it in accordance with the provisions of the
  631  comprehensive agreement. The full faith and credit of the
  632  responsible public entity may not be pledged to secure the
  633  financing of the private entity. The assumption of the
  634  development or operation of the qualifying project does not
  635  obligate the responsible public entity to pay any obligation of
  636  the private entity from sources other than revenues from the
  637  qualifying project unless stated otherwise in the comprehensive
  638  agreement.
  639         (12)(14) SOVEREIGN IMMUNITY.—This section does not waive
  640  the sovereign immunity of a responsible public entity, an
  641  affected local jurisdiction, or an officer or employee thereof
  642  with respect to participation in, or approval of, any part of a
  643  qualifying project or its operation, including, but not limited
  644  to, interconnection of the qualifying project with any other
  645  infrastructure or project. A county or municipality in which a
  646  qualifying project is located possesses sovereign immunity with
  647  respect to the project, including, but not limited to, its
  648  design, construction, and operation.
  650         (a) A responsible public entity may provide a copy of its
  651  comprehensive agreement to the Department of Management
  652  Services. A responsible public entity must redact any
  653  confidential or exempt information from the copy of the
  654  comprehensive agreement before providing it to the Department of
  655  Management Services.
  656         (b) The Department of Management Services may accept and
  657  maintain copies of comprehensive agreements received from
  658  responsible public entities for the purpose of sharing
  659  comprehensive agreements with other responsible public entities.
  660         (c) This subsection does not require a responsible public
  661  entity to provide a copy of its comprehensive agreement to the
  662  Department of Management Services.
  663         (14)(15) CONSTRUCTION.—
  664         (a) This section shall be liberally construed to effectuate
  665  the purposes of this section.
  666         (b) This section shall be construed as cumulative and
  667  supplemental to any other authority or power vested in or
  668  exercised by the governing body board of a county, municipality,
  669  special district, or municipal hospital or health care system
  670  including those contained in acts of the Legislature
  671  establishing such public hospital boards or s. 155.40.
  672         (c) This section does not affect any agreement or existing
  673  relationship with a supporting organization involving such
  674  governing body board or system in effect as of January 1, 2013.
  675         (d)(a) This section provides an alternative method and does
  676  not limit a county, municipality, special district, or other
  677  political subdivision of the state in the procurement or
  678  operation of a qualifying project acquisition, design, or
  679  construction of a public project pursuant to other statutory or
  680  constitutional authority.
  681         (e)(b) Except as otherwise provided in this section, this
  682  section does not amend existing laws by granting additional
  683  powers to, or further restricting, a local governmental entity
  684  from regulating and entering into cooperative arrangements with
  685  the private sector for the planning, construction, or operation
  686  of a facility.
  687         (f)(c) This section does not waive any requirement of s.
  688  287.055.
  689         Section 8. Section 287.0935, Florida Statutes, is amended
  690  to read:
  691         287.0935 Surety bond insurers.—When the contract amount of
  692  a project that uses public funds does not exceed $5 million
  693  $500,000 and when public funds are utilized for the project, a
  694  person, the state, or a political subdivision may shall not
  695  refuse, as surety for the project, bid bonds, performance bonds,
  696  labor and materials payment bonds, or any other surety bonds as
  697  surety for the project if such bonds which are issued by a
  698  surety company that meets all which fulfills each of the
  699  following requirements provisions:
  700         (1) The surety company is licensed to do business in this
  701  state. the State of Florida;
  702         (2) The surety company holds a certificate of authority
  703  authorizing it to write surety bonds in this state.;
  704         (3) The surety company has twice the minimum surplus and
  705  capital required by the Florida Insurance Code at the time the
  706  invitation to bid is issued, or has at least an “A-” rating of
  707  performance in the most recent edition of Best’s Key Rating
  708  Guide by A.M. Best Company.;
  709         (4) The surety company is otherwise in compliance with the
  710  provisions of the Florida Insurance Code.; and
  711         (5) The surety company holds a currently valid certificate
  712  of authority issued by the United States Department of the
  713  Treasury under 31 U.S.C. ss. 9304-9308.
  715  ================= T I T L E  A M E N D M E N T ================
  716  And the title is amended as follows:
  717         Delete line 12
  718  and insert:
  719         capital investment”; renumbering and amending s.
  720         287.05712, F.S.; revising definitions; deleting
  721         provisions creating the Public-Private Partnership
  722         Guidelines Task Force; requiring a private entity that
  723         submits an unsolicited proposal to pay an initial
  724         application fee and additional amounts if the fee does
  725         not cover certain costs; specifying payment methods;
  726         authorizing a responsible public entity to alter the
  727         statutory timeframe for accepting proposals for a
  728         qualifying project under certain circumstances;
  729         requiring a responsible public entity to include a
  730         design criteria package in a solicitation; specifying
  731         requirements for the design criteria package; deleting
  732         a provision that requires approval of the local
  733         governing body before a school board enters into a
  734         comprehensive agreement; revising the conditions
  735         necessary for a responsible public entity to approve a
  736         comprehensive agreement; deleting provisions relating
  737         to notice to affected local jurisdictions; providing
  738         that fees imposed by a private entity must be applied
  739         as set forth in the comprehensive agreement;
  740         restricting provisions in financing agreements that
  741         could result in a responsible public entity’s losing
  742         ownership of real or tangible personal property;
  743         deleting a provision that requires a responsible
  744         public entity to comply with specific financial
  745         obligations; providing duties of the Department of
  746         Management Services; revising provisions relating to
  747         construction of the act; amending s. 287.0935, F.S.;
  748         increasing the dollar threshold for a contract amount
  749         of a project for which a person, the state, or a
  750         political subdivision is prohibited from refusing a
  751         surety bond issued by a surety company that meets
  752         certain criteria; revising requirements for surety
  753         companies with respect to bonds issued for certain
  754         publicly funded contracts; amending s. 288.0001, F.S.;