Florida Senate - 2017 SB 332
By Senator Steube
23-00280-17 2017332__
1 A bill to be entitled
2 An act relating to public-private partnerships;
3 amending s. 255.065, F.S.; defining the terms
4 “information technology” and “state agency”; revising
5 the definition of the term “responsible public
6 entity”; revising legislative findings to recognize
7 the public need of pursuing information technology
8 projects through the establishment of public-private
9 partnerships; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Present paragraphs (d) through (l) of subsection
14 (1) of section 255.065, Florida Statutes, are redesignated as
15 paragraphs (e) through (m), respectively, present paragraph (j)
16 is amended, a new paragraph (d) and paragraph (n) are added to
17 that subsection, and paragraph (a) of subsection (2) of that
18 section is amended, to read:
19 255.065 Public-private partnerships; public records and
20 public meetings exemptions.—
21 (1) DEFINITIONS.—As used in this section, the term:
22 (d) “Information technology” has the same meaning as
23 provided in s. 282.0041.
24 (k)(j) “Responsible public entity” means a county,
25 municipality, school district, special district, state agency,
26 or any other political subdivision of the state; a public body
27 corporate and politic; or a regional entity that serves a public
28 purpose and is authorized to develop or operate a qualifying
29 project.
30 (n) “State agency” has the same meaning as in s. 282.0041,
31 except that the term includes the Department of Legal Affairs,
32 the Department of Agriculture and Consumer Services, and the
33 Department of Financial Services.
34 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
35 that there is a public need for the construction or upgrade of
36 facilities that are used predominantly for public purposes and
37 that it is in the public’s interest to provide for the
38 construction or upgrade of such facilities.
39 (a) The Legislature also finds that:
40 1. There is a public need for timely and cost-effective
41 acquisition, design, construction, improvement, renovation,
42 expansion, equipping, maintenance, operation, implementation, or
43 installation of projects serving a public purpose, including
44 educational facilities, transportation facilities, water or
45 wastewater management facilities and infrastructure, technology
46 infrastructure, information technology, roads, highways,
47 bridges, and other public infrastructure and government
48 facilities within the state which serve a public need and
49 purpose, and that such public need may not be wholly satisfied
50 by existing procurement methods.
51 2. There are inadequate resources to develop new
52 educational facilities, transportation facilities, water or
53 wastewater management facilities and infrastructure, technology
54 infrastructure, roads, highways, bridges, and other public
55 infrastructure and government facilities for the benefit of
56 residents of this state, and that a public-private partnership
57 has demonstrated that it can meet the needs by improving the
58 schedule for delivery, lowering the cost, and providing other
59 benefits to the public.
60 3. There may be state and federal tax incentives that
61 promote partnerships between public and private entities to
62 develop and operate qualifying projects.
63 4. A procurement under this section serves the public
64 purpose of this section if such procurement facilitates the
65 timely development or operation of a qualifying project.
66 Section 2. This act shall take effect July 1, 2017.