summary
Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
06/27/2013
06/27/2013
Introduced Session
2013 Regular Session
Bill Summary
Provides legislative findings & intent relating to construction or improvement by private entities of facilities used predominantly for public purposes; provides for procurement procedures, requirements for project approval, project qualifications & process, notice to affected local jurisdictions, comprehensive agreements between public & private entities, use fees, financing sources for certain projects by private entities, & applicability of sovereign immunity for public entities with respect to qualified projects; authorizes counties to enter into public-private partnership agreements to construct, extend, or improve county roads; provides requirements & limitations for such agreements; provides procurement procedures; requires fee for certain proposals; revises limit on terms for leases that Orlando-Orange County Expressway Authority may enter.
AI Summary
This bill establishes a framework for public-private partnerships (PPPs) in Florida, allowing government entities to collaborate with private companies on projects that serve a public purpose. It defines key terms like "qualifying project" (which includes infrastructure like roads, transit, educational facilities, and more) and "private entity." The bill outlines legislative findings and intent, emphasizing the need for timely and cost-effective project delivery and encouraging private investment. It also creates a task force to recommend guidelines for PPPs. The bill details procurement procedures, allowing for both solicited and unsolicited proposals, and requires public notice for unsolicited proposals to encourage competition. It sets requirements for project approval, including ensuring the project is in the public's best interest, has adequate safeguards against disruptions, and will ultimately be publicly owned. The bill also mandates notification to affected local jurisdictions and allows for interim agreements before a comprehensive agreement is finalized. Comprehensive agreements must include provisions for performance bonds, design review, insurance, maintenance, financial reporting, and procedures for default or termination. The bill allows private entities to charge fees for the use of facilities and outlines financing options, including private sources and potential public loans or capital contributions, while clarifying that the public entity's full faith and credit is not pledged. It also addresses the powers and duties of private entities and the process upon expiration or termination of agreements, ensuring public use and financial obligations are met. Importantly, the bill clarifies that sovereign immunity is not waived for public entities involved in these projects. Additionally, it authorizes counties to enter into PPP agreements specifically for county road construction, improvement, or extension, with specific public hearing and cost-saving requirements. Finally, it revises the maximum term for leases the Orlando-Orange County Expressway Authority can enter into.
Committee Categories
Budget and Finance, Government Affairs
Sponsors (6)
Greg Steube (R)*,
Katie Edwards-Walpole (D),
Debbie Mayfield (R),
George Moraitis (R),
Ray Pilon (R),
Alan Williams (D),
Other Sponsors (2)
Appropriations Committee (House), Government Operations Subcommittee (House)
Last Action
Chapter No. 2013-223 (on 07/01/2013)
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