Bill Amendment: FL S0870 | 2024 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Unsolicited Proposals for Public-private Partnerships

Status: 2024-03-04 - Laid on Table, refer to CS/HB 781 [S0870 Detail]

Download: Florida-2024-S0870-Senate_Committee_Amendment_233342.html

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       Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 870
       
       
       
       
       
       
                                Ì233342yÎ233342                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Governmental Oversight and Accountability
       (Boyd) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 66 - 104
    4  and insert:
    5  presented and affected public entities and members of the public
    6  are able to provide comment and at a second duly noticed public
    7  meeting determines that the proposal is in the public’s
    8  interest. In making the public interest determination, the
    9  responsible public entity must consider all of the following
   10  factors:
   11         1. The benefits to the public.
   12         2. The financial structure of and the economic efficiencies
   13  achieved by the proposal.
   14         3. The qualifications and experience of the private entity
   15  that submitted the proposal and such entity’s ability to perform
   16  the project.
   17         4. The project’s compatibility with regional infrastructure
   18  plans.
   19         5. Public comments submitted at the meeting. The
   20  responsible public entity must provide a statement that explains
   21  why the proposal should proceed and addresses such comments.
   22         (d) If the responsible public entity decides to proceed
   23  with an unsolicited proposal without engaging in a public
   24  bidding process, the responsible public entity must publish in
   25  the Florida Administrative Register for at least 7 days a report
   26  that includes all of the following:
   27         1. The public interest determination required under
   28  paragraph (c).
   29         2. The factors considered in making such public interest
   30  determination.
   31         3. The responsible public entity’s findings based on each
   32  considered factor.
   33         (f)(d) Before approving a comprehensive agreement, the
   34  responsible public entity must determine that the proposed
   35  project:
   36         1. Is in the public’s best interest, if the proposal was
   37  solicited. If the proposal was unsolicited, the responsible
   38  public entity must determine that the proposed project has been
   39  determined to be in the public’s interest in accordance with
   40  paragraph (c).
   41         2. Is for a facility that is owned by the responsible
   42  public entity or for a facility for which ownership will be
   43  conveyed to the responsible public entity. For a proposed
   44  project that was unsolicited, if ownership will not be conveyed
   45  to the responsible public entity within 10 years after initial
   46  public operation begins, the public benefits apart from
   47  ownership must be identified and stated by the responsible
   48  public entity in the public interest determination required
   49  under paragraph (c).
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete lines 12 - 13
   54  and insert:
   55         that meets certain requirements and holds a subsequent
   56         public meeting at which it makes a certain
   57         determination; requiring the responsible public entity