Bill Text: FL H1313 | 2011 | Regular Session | Introduced

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Bill Title: Public-Private Partnerships

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1313 Detail]

Download: Florida-2011-H1313-Introduced.html

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HB 1313

1	A bill to be entitled
2	An act relating to public-private partnerships; creating
3	s. 287.05712, F.S.; establishing the Florida Public-
4	Private Partnership Act; providing definitions; providing
5	legislative findings and intent; providing for private
6	entities to develop and operate public-purpose projects;
7	requiring public entities to adopt and make publicly
8	available specified guidelines for public-private
9	agreements; providing requirements and procedures for
10	procurement, consideration, and approval of projects;
11	providing an exemption from the Consultant's Competitive
12	Negotiation Act and any interpretations, regulations, or
13	guidelines of the Department of Management Services;
14	providing requirements and procedures for interim and
15	comprehensive agreements between private and public
16	entities; providing for affected local governments to
17	comment on proposed projects; providing powers and duties
18	for private entities; providing for material default and
19	remedies with respect to projects and agreements;
20	providing for federal, state, and local financing;
21	providing sovereign immunity for public entities with
22	respect to specified project activities; providing for
23	construction and effect of the act; establishing the
24	Public-Private Partnership Advisory Commission; providing
25	commission duties; providing for appointment and
26	reimbursement of commission members; requiring the
27	commission to submit annual reports to the Governor and
28	the Legislature; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 287.05712, Florida Statutes, is created
33	to read:
34	287.05712  Florida Public-Private Partnership Act.-
35	(1)  DEFINITIONS.-As used in this section, the term:
36	(a)  "Affected local jurisdiction" means any county, city,
37	or town in which all or a portion of a qualifying project is
38	located.
39	(b)  "Appropriating body" means the body responsible for
40	appropriating or authorizing funding to pay for a qualifying
41	project.
42	(c)  "Comprehensive agreement" means the comprehensive
43	agreement between the private entity and the responsible public
44	entity.
45	(d)  "Develop" or "development" means to plan, design,
46	develop, finance, lease, acquire, install, construct, or expand.
47	(e)  "Interim agreement" means an agreement between a
48	private entity and a responsible public entity that provides for
49	phasing of the development or operation of a qualifying project.
50	Such phases may include, but are not limited to, design,
51	planning, engineering, environmental analysis and mitigation,
52	financial and revenue analysis, or any other phase of the
53	project that constitutes activity on any part of the qualifying
54	project.
55	(f)  "Lease payment" means any form of payment, including a
56	land lease, by a public entity to the private entity for the use
57	of a qualifying project.
58	(g)  "Material default" means any default by the private
59	entity in the performance of its duties that jeopardizes
60	adequate service to the public from a qualifying project.
61	(h)  "Operate" means to finance, maintain, improve, equip,
62	modify, repair, or operate.
63	(i)  "Private entity" means any natural person,
64	corporation, general partnership, limited liability company,
65	limited partnership, joint venture, business trust, public
66	benefit corporation, nonprofit entity, or other private business
67	entity.
68	(j)  "Proposal" means a detailed proposal accepted by a
69	responsible public entity beyond a conceptual level of review
70	and at which time issues such as fixing costs, payment
71	schedules, financing, deliverables, and project schedule are
72	defined.
73	(k)  "Public entity" means the state and any agency or
74	authority thereof; any county, city, or town and any other
75	political subdivision of the state; any public body politic and
76	corporate; or any regional entity that serves a public purpose.
77	(l)  "Qualifying project" means any:
78	1.  Public-purpose facility or project, including, but not
79	limited to, a public school building and any functionally
80	related and subordinate facility, including any stadium or other
81	facility primarily used for school events.
82	2.  Building or facility that meets a public purpose and is
83	developed or operated by or for any public entity.
84	3.  Improvements, including equipment, of buildings to be
85	principally used by a public entity.
86	4.  Water or wastewater management facility and other
87	related infrastructure.
88	(m)  "Responsible public entity" means an agency or
89	institution of the state that has the authority to develop or
90	operate a qualifying project.
91	(n)  "Revenues" means all revenues, income, earnings, user
92	fees, lease payments, or other service payments relating to the
93	development or operation of a qualifying project, including, but
94	not limited to, money received as grants or otherwise from the
95	Federal Government, from any public entity, or from any agency
96	or instrumentality of the foregoing in aid of a qualifying
97	project.
98	(o)  "Service contract" means a contract entered into
99	between a public entity and the private entity.
100	(p)  "Service payments" means payments to the private
101	entity of a qualifying project pursuant to a service contract.
102	(q)  "User fees" means the rates, tolls, fees, or other
103	charges imposed by the private entity of a qualifying project
104	for use of all or a portion of such qualifying project pursuant
105	to a comprehensive agreement.
106	(r)  "Water or wastewater management facility" means a
107	project for treatment, storage, disposal, or distribution of
108	water or wastewater.
109	(2)  LEGISLATIVE FINDINGS AND INTENT.-
110	(a)  The Legislature finds that:
111	1.  There is a public need for timely and cost-effective
112	acquisition, design, construction, improvement, renovation,
113	expansion, equipping, maintenance, operation, implementation, or
114	installation of public projects, including educational
115	facilities, water or wastewater management facilities and
116	infrastructure, technology infrastructure, and any other public
117	infrastructure and government facilities within the state that
118	serve a public need and purpose, and that such public need may
119	not be wholly satisfied by existing methods of procurement.
120	2.  There are inadequate resources to develop new
121	educational facilities, water or wastewater management
122	facilities and infrastructure, technology infrastructure and
123	other public infrastructure and government facilities for the
124	benefit of citizens of the state, and it has been demonstrated
125	that public-private partnerships can meet these needs by
126	improving the schedule for delivery, lowering the cost, and
127	providing other benefits to the public.
128	3.  There are state and federal tax incentives that promote
129	partnerships between public and private entities to operate and
130	develop qualifying projects.
131	4.  An action under subsection (4) serves the public
132	purpose of this section if such action facilitates the timely
133	development or operation of qualifying projects.
134	(b)  The Legislature declares it is the intent of this
135	section to encourage investment in the state by private
136	entities, to facilitate various bond financing mechanisms,
137	private capital, and other funding sources for the development
138	and operation of qualifying projects, including expansion and
139	acceleration of such financing to meet the public need, and to
140	provide the greatest possible flexibility to public and private
141	entities to contract for the provision of public services.
142	(3)  ADOPTION OF GUIDELINES BY RESPONSIBLE PUBLIC
143	ENTITIES.-
144	(a)  A responsible public entity shall, before requesting
145	or considering a proposal for a qualifying project, adopt and
146	make publicly available guidelines that are sufficient to enable
147	the responsible public entity to comply with this section. Such
148	guidelines shall be reasonable, encourage competition, and guide
149	the selection of projects under the purview of the responsible
150	public entity.
151	(b)  For a responsible public entity that is an agency or
152	institution of the state, the guidelines shall include, but are
153	not limited to:
154	1.  Opportunities for competition through public notice and
155	availability of representatives of the responsible public entity
156	to meet with private entities considering a proposal.
157	2.  Reasonable criteria for choosing among competing
158	proposals.
159	3.  Suggested timelines for selecting proposals and
160	negotiating an interim or comprehensive agreement.
161	4.  Authorization for accelerated selection and review and
162	documentation timelines for proposals involving a qualifying
163	project that the responsible public entity deems a priority.
164	5.  Financial review and analysis procedures that shall
165	include, at a minimum, a cost-benefit analysis, an assessment of
166	opportunity cost, and consideration of the results of all
167	studies and analyses related to the proposed qualifying project.
168	These procedures shall also include requirements for the
169	disclosure of such analysis to the appropriating body for review
170	prior to execution of an interim or comprehensive agreement.
171	6.  Consideration of the nonfinancial benefits of a
172	proposed qualifying project.
173	7.  A mechanism for the appropriating body to review a
174	proposed interim or comprehensive agreement prior to execution.
175	8.  Establishment of criteria for the creation of and the
176	responsibilities of a public-private partnership oversight
177	committee with members representing the responsible public
178	entity and the appropriating body. Such criteria shall include
179	the scope, costs, and duration of the qualifying project, as
180	well as whether the project involves or impacts multiple public
181	entities. The oversight committee, if formed, shall be an
182	advisory committee to review the terms of any proposed interim
183	or comprehensive agreement.
184	9.  Analysis of the adequacy of the information released
185	when seeking competing proposals and providing for the
186	enhancement of that information, if deemed necessary, to
187	encourage competition.
188	10.  Establishment of criteria, key decision points, and
189	approvals required to ensure that the responsible public entity
190	considers the extent of competition before selecting proposals
191	and negotiating an interim or comprehensive agreement.
192	11.  The posting and publishing of public notice of a
193	private entity's request for approval of a qualifying project,
194	including:
195	a.  Specific information and documentation to be released
196	regarding the nature, timing, and scope of the qualifying
197	project.
198	b.  A reasonable time period as determined by the
199	responsible public entity to encourage competition and public-
200	private partnerships in accordance with the goals of this
201	section, such reasonable period to be at least 45 days, during
202	which time the responsible public entity shall receive competing
203	proposals.
204	c.  A requirement for advertising the public notice and
205	posting a notice on the Internet.
206	(c)  For a responsible public entity that is not an agency
207	or institution of the state, the guidelines may include the
208	provisions set forth in this subsection at the discretion of the
209	public entity. However, the guidelines shall include:
210	1.  A requirement that the responsible public entity engage
211	the services of qualified professionals, which may include an
212	architect, professional engineer, or certified public
213	accountant, not otherwise employed by the responsible public
214	entity, to provide an independent analysis regarding the
215	specifics, advantages, disadvantages, and the long and short-
216	term costs of any request by a private entity for approval of a
217	qualifying project unless the governing body of the responsible
218	public entity determines that such analysis shall be performed
219	by employees of the responsible public entity.
220	2.  A mechanism for the appropriating body to review a
221	proposed interim or comprehensive agreement prior to execution.
222	(4)  PROCUREMENT PROCEDURES FOR RESPONSIBLE PUBLIC
223	ENTITIES.-The Consultant's Competitive Negotiation Act under s.
224	287.055 and any interpretations, regulations, or guidelines of
225	the Department of Management Services do not apply to this
226	section. However, a responsible public entity may enter into an
227	interim or comprehensive agreement as follows:
228	(a)  A responsible public entity shall not be required to
229	select the proposal with the lowest bid offer, but may consider
230	price as one factor in evaluating the proposals received. Other
231	factors that may be considered include:
232	1.  The proposed costs of the qualifying facility.
233	2.  The general reputation, industry experience, and
234	financial capacity of the private entity.
235	3.  The proposed design of the qualifying project.
236	4.  The eligibility of the facility for accelerated
237	selection, review, and documentation timelines under the
238	responsible public entity's compliance with a minority business
239	enterprise participation plan or good faith effort to comply
240	with the goals of such plan.
241	5.  The private entity's plans to employ local contractors
242	and residents.
243	6.  Other criteria that the responsible public entity deems
244	appropriate.
245	(b)  A responsible public entity shall proceed in
246	accordance with the guidelines adopted under subsection (3)
247	unless it determines that proceeding in accordance with the
248	guidelines is likely to be advantageous to the responsible
249	public entity and the public, based on:
250	1.  The probable scope, complexity, or priority of the
251	project.
252	2.  Risk sharing, including guaranteed cost or completion
253	guarantees, added value or debt, or equity investments proposed
254	by the private entity.
255	3.  An increase in funding, dedicated revenue source, or
256	other economic benefit that would not otherwise be available.
257
258	When the responsible public entity determines to proceed
259	according to the guidelines adopted by it pursuant to subsection
260	(3), it shall state the reasons for its determination in
261	writing.
262	(c)  A responsible public entity shall not proceed to
263	consider any request by a private entity for approval of a
264	qualifying project until the responsible public entity has
265	adopted and made publicly available guidelines that are
266	sufficient to enable the responsible public entity to comply
267	with this section.
268	(d)  A responsible public entity that is a school board or
269	a county, city, or town may enter into an interim or
270	comprehensive agreement under this section only with the
271	approval of the local governing body.
272	(5)  CONSIDERATION AND APPROVAL OF QUALIFYING PROJECTS.-
273	(a)  A responsible public entity may request proposals or
274	invite bids from private entities for the development or
275	operation of qualifying projects pursuant to the public notice
276	and procurement provisions of this section. A private entity may
277	request the approval of the responsible public entity for a
278	qualifying project.
279	(b)  A request by a private entity for approval of a
280	qualifying project shall be accompanied by the following
281	material and information unless waived by the responsible public
282	entity:
283	1.  A topographic map with a scale of 1:2,000 or other
284	appropriate scale indicating the location of the qualifying
285	project.
286	2.  A description of the qualifying project, including the
287	conceptual design of such facility or facilities or a conceptual
288	plan for the provision of services, and a schedule for the
289	initiation of and completion of the qualifying project to
290	include the proposed major responsibilities and timeline for
291	activities to be performed by both the public and private
292	entity.
293	3.  A statement setting forth the method by which the
294	private entity proposes to secure any necessary property
295	interests required for the qualifying project.
296	4.  Information relating to the current plans for
297	development of facilities or technology infrastructure to be
298	used by a public entity that is similar to the qualifying
299	project being proposed by the private entity, if any, of each
300	affected local jurisdiction.
301	5.  A list of all permits and approvals required for the
302	qualifying project from local, state, or federal agencies and a
303	projected schedule for obtaining such permits and approvals.
304	6.  A list of public water or wastewater management
305	facilities, if any, that will be crossed by the qualifying
306	project and a statement of the plans of the private entity to
307	accommodate such crossings.
308	7.  A statement setting forth the private entity's general
309	plans for financing the qualifying project, including the
310	sources of the private entity's funds and identification of any
311	dedicated revenue source or proposed debt or equity investment
312	on the behalf of the private entity.
313	8.  The names and addresses of the persons who may be
314	contacted for further information concerning the request.
315	9.  User fees, lease payments, and other service payment
316	over the term of an interim or comprehensive agreement and the
317	methodology and circumstances for changes to such user fees,
318	lease payments, and other service payments over time.
319	10.  Additional material and information as the responsible
320	public entity may reasonably request.
321	(c)  Upon receipt of a proposal to develop or operate a
322	qualifying project, the responsible public entity shall
323	determine whether to accept the proposal for consideration. The
324	responsible public entity may reject any proposal initiated by a
325	private entity at any time. If the responsible public entity
326	determines not to accept the proposal for consideration, the
327	responsible public entity shall return the proposal to the
328	private entity, including all fees and accompanying
329	documentation.
330	(d)  The responsible public entity may approve the
331	development or operation of an education facility, a water or
332	wastewater management facility and related infrastructure,
333	technology infrastructure or other public infrastructure, or a
334	government facility needed by a public entity as a qualifying
335	project, or the design or equipping of a qualifying project so
336	developed or operated, if:
337	1.  There is a public need for or benefit derived from a
338	project of the type the private entity proposes as a qualifying
339	project.
340	2.  The estimated cost of the qualifying project is
341	reasonable in relation to similar facilities.
342	3.  The private entity's plans will result in the timely
343	acquisition, design, construction, improvement, renovation,
344	expansion, equipping, maintenance, or operation of the
345	qualifying project.
346	(e)  In evaluating any request, the responsible public
347	entity may rely upon internal staff reports prepared by
348	personnel familiar with the operation of similar facilities or
349	the advice of external advisors or consultants having relevant
350	experience.
351	(f)  The responsible public entity may charge a reasonable
352	fee to cover the costs of processing, reviewing, and evaluating
353	the request, including, but not limited to, reasonable
354	attorney's fees and fees for financial, technical, and other
355	necessary advisors or consultants.
356	(g)  Upon approval of a qualifying project, the responsible
357	public entity shall establish a date for the commencement of
358	activities related to the qualifying project. The responsible
359	public entity may extend such date.
360	(h)  Approval of a qualifying project by the responsible
361	public entity is subject to entering into a comprehensive
362	agreement with the private entity.
363	(6)  INTERIM AGREEMENT.-Before or in connection with the
364	negotiation of a comprehensive agreement, the responsible public
365	entity may enter into an interim agreement with the private
366	entity proposing the development or operation of the qualifying
367	project. The interim agreement may:
368	(a)  Permit the private entity to commence activities for
369	which it may be compensated related to the proposed qualifying
370	project, including, but not limited to, project planning and
371	development, design and engineering, environmental analysis and
372	mitigation, survey, and ascertaining the availability of
373	financing for the proposed facility or facilities.
374	(b)  Establish the process and timing of the negotiation of
375	the comprehensive agreement.
376	(c)  Contain any other provisions related to any aspect of
377	the development or operation of a qualifying project that the
378	responsible public entity and the private entity deem
379	appropriate.
380	(7)  COMPREHENSIVE AGREEMENT.-
381	(a)  Before developing or operating the qualifying project,
382	the private entity shall enter into a comprehensive agreement
383	with the responsible public entity. The comprehensive agreement
384	shall provide for:
385	1.  Delivery of maintenance, performance, and payment bonds
386	and letters of credit in connection with the development or
387	operation of the qualifying project, in the forms and amounts
388	satisfactory to the responsible public entity for those
389	components of the qualifying project that involve construction.
390	2.  Review of plans and specifications for the qualifying
391	project by the responsible public entity and approval by the
392	responsible public entity if the plans and specifications
393	conform to standards acceptable to the responsible public
394	entity. This subparagraph does not require the private entity to
395	complete the design of a qualifying project prior to the
396	execution of a comprehensive agreement.
397	3.  Inspection of the qualifying project by the responsible
398	public entity to ensure that the operator's activities are
399	acceptable to the responsible public entity in accordance with
400	the provisions of the comprehensive agreement.
401	4.  Maintenance of a policy or policies of public liability
402	insurance, copies of which shall be filed with the responsible
403	public entity accompanied by proofs of coverage, and self-
404	insurance, each in the form and amount satisfactory to the
405	responsible public entity and reasonably sufficient to insure
406	coverage of tort liability to the public and employees and to
407	enable the continued operation of the qualifying project.
408	5.  Monitoring the practices of the private entity by the
409	responsible public entity to ensure that the qualifying project
410	is properly maintained.
411	6.  Reimbursement to be paid to the responsible public
412	entity for services provided by the responsible public entity.
413	7.  Filing of appropriate financial statements on a
414	periodic basis.
415	8.  Policies and procedures governing the rights and
416	responsibilities of the responsible public entity and the
417	private entity in the event the comprehensive agreement is
418	terminated or there is a material default by the private entity.
419	Such policies and guidelines shall include conditions governing
420	assumption of the duties and responsibilities of the private
421	entity by the responsible public entity and the transfer or
422	purchase of property or other interests of the private entity by
423	the responsible public entity.
424	9.  User fees, lease payments, or service payments as may
425	be established by agreement of the parties. A copy of any
426	service contract shall be filed with the responsible public
427	entity. In negotiating user fees under this subsection, the
428	parties shall establish payments or fees that are the same for
429	persons using the facility under like conditions and that will
430	not materially discourage use of the qualifying project. The
431	execution of the comprehensive agreement or any amendment
432	thereto shall constitute conclusive evidence that the user fees,
433	lease payments, or service payments provided for comply with
434	this section. User fees or lease payments established in the
435	comprehensive agreement as a source of revenues may be in
436	addition to, or in lieu of, service payments.
437	10.  Duties of the private entity, including terms and
438	conditions that the responsible public entity determines serve
439	the public purpose of this section.
440	(b)  The comprehensive agreement may include:
441	1.  An agreement by the responsible public entity to make
442	grants or loans to the private entity from amounts received from
443	the federal, state, or local government or any agency or
444	instrumentality thereof.
445	2.  Provisions under which the responsible public entity
446	agrees to provide notice of default and cure rights for the
447	benefit of the private entity and the persons specified therein
448	as providing financing for the qualifying project, including
449	terms and conditions to which the private entity and the
450	responsible public entity mutually agree, including but limited
451	to, provisions regarding unavoidable delays or a loan of public
452	funds to the private entity to develop or operate one or more
453	qualifying projects.
454	3.  Provisions where the authority and duties of the
455	private entity under this section shall cease, and the
456	qualifying project is dedicated to the responsible public entity
457	or, if the qualifying project was initially dedicated by an
458	affected local jurisdiction, to such affected local jurisdiction
459	for public use.
460	(c)  Any changes in the terms of the comprehensive
461	agreement, as agreed upon by the responsible public entity and
462	the private entity, shall be added to the comprehensive
463	agreement by written amendment.
464	(d)  The comprehensive agreement may provide for the
465	development or operation of phases or segments of the qualifying
466	project.
467	(8)  AFFECTED LOCAL JURISDICTIONS.-
468	(a)  Any private entity requesting approval from, or
469	submitting a proposal to, a responsible public entity shall
470	notify each affected local jurisdiction by furnishing a copy of
471	its request or proposal to each affected local jurisdiction.
472	(b)  Each affected local jurisdiction that is not a
473	responsible public entity for the respective qualifying project
474	shall, within 60 days after receiving such notice, submit any
475	comments it may have in writing on the proposed qualifying
476	project to the responsible public entity and indicate whether
477	the facility is compatible with the local comprehensive plan,
478	local infrastructure development plans, the capital improvements
479	budget, or other government spending plan. Such comments shall
480	be given consideration by the responsible public entity before
481	entering a comprehensive agreement with a private entity.
482	(9)  POWERS AND DUTIES OF THE PRIVATE ENTITY.-
483	(a)  The private entity has all power allowed by law
484	generally to a private entity having the same form of
485	organization as the private entity and shall have the power to
486	develop or operate the qualifying project and collect lease
487	payments, impose user fees, or enter into service contracts in
488	connection with use thereof.
489	(b)  The private entity may own, lease, or acquire any
490	other right to use or operate the qualifying project.
491	(c)  Any financing of the qualifying project may be in such
492	amounts and upon such terms and conditions as may be determined
493	by the private entity. Without limiting the generality of the
494	foregoing, the private entity may issue debt, equity, or other
495	securities or obligations; enter into sale and leaseback
496	transactions; and secure any financing with a pledge of,
497	security interest in, or lien on any or all of its property,
498	including all of its property interests in the qualifying
499	project.
500	(d)  In operating the qualifying project, the private
501	entity may make classifications according to reasonable
502	categories for assessment of user fees and, with the consent of
503	the responsible public entity, make and enforce reasonable rules
504	to the same extent that the responsible public entity may make
505	and enforce rules with respect to similar facilities.
506	(e)  The private entity shall:
507	1.  Develop or operate the qualifying project in a manner
508	that is acceptable to the responsible public entity, all in
509	accordance with the provisions of an interim or comprehensive
510	agreement.
511	2.  Maintain, or provide by contract for the maintenance or
512	upgrade of the qualifying project, if required by an interim or
513	comprehensive agreement.
514	3.  Cooperate with the responsible public entity in making
515	best efforts to establish any interconnection with the
516	qualifying project requested by the responsible public entity.
517	4.  Comply with the provisions of an interim or
518	comprehensive agreement and any lease or service contract.
519	(f)  A private entity of a qualifying project is not
520	prohibited from providing additional services for the qualifying
521	project to public or private entities other than the responsible
522	public entity so long as the provision of additional service
523	does not impair the private entity's ability to meet its
524	commitments to the responsible public entity pursuant to an
525	interim or comprehensive agreement.
526	(10)  MATERIAL DEFAULT; REMEDIES.-
527	(a)  In the event of a material default by the private
528	entity, the responsible public entity may elect to assume the
529	responsibilities and duties of the private entity of the
530	qualifying project, and in such case, it shall succeed to all of
531	the right, title, and interest in such qualifying project,
532	subject to any liens on revenues previously granted by the
533	private entity to any person providing financing thereof.
534	(b)  Any responsible public entity having the power of
535	condemnation under state law may exercise such power of
536	condemnation to acquire the qualifying project in the event of a
537	material default by the private entity. Any person who has
538	provided financing for the qualifying project, and the private
539	entity, to the extent of its capital investment, may participate
540	in the condemnation proceedings with the standing of a property
541	owner.
542	(c)  The responsible public entity may terminate, with
543	cause, an interim or comprehensive agreement and exercise any
544	other rights and remedies that may be available to it at law or
545	in equity.
546	(d)  The responsible public entity may make or cause to be
547	made any appropriate claims under the maintenance, performance,
548	or payment bonds, or lines of credit.
549	(e)  In the event the responsible public entity elects to
550	take over a qualifying project, the responsible public entity
551	may develop or operate the qualifying project, impose user fees,
552	impose and collect lease payments for the use thereof and comply
553	with any service contracts as if it were the private entity. Any
554	revenues that are subject to a lien shall be collected for the
555	benefit of and paid to secured parties, as their interests may
556	appear, to the extent necessary to satisfy the private entity's
557	obligations to secured parties, including the maintenance of
558	reserves. Such liens shall be correspondingly reduced and, when
559	paid off, released. Before any payments to, or for the benefit
560	of, secured parties, the responsible public entity may use
561	revenues to pay current operation and maintenance costs of the
562	qualifying project, including compensation to the responsible
563	public entity for its services in developing and operating the
564	qualifying project. The right to receive such payment, if any,
565	shall be considered just compensation for the qualifying
566	project. The full faith and credit of the responsible public
567	entity shall not be pledged to secure any financing of the
568	private entity by the election to take over the qualifying
569	project. Assumption of the development or operation of the
570	qualifying project shall not obligate the responsible public
571	entity to pay any obligation of the private entity from sources
572	other than revenues.
573	(11)  FEDERAL, STATE, AND LOCAL FINANCING.-
574	(a)  Any financing of a qualifying project may be in such
575	amounts and upon such terms and conditions as determined by an
576	interim or comprehensive agreement between the responsible
577	public entity and the private entity. Without limiting the
578	generality of the terms and conditions of the financing, the
579	private entity and the responsible public entity may propose to
580	use any and all funding resources that may be available and may,
581	to the fullest extent permitted by applicable law, issue debt,
582	equity, or other securities or obligations; enter into leases;
583	access any designed trust funds; borrow or accept grants from
584	any state infrastructure bank; and secure any financing with a
585	pledge of, security interest in, or lien on, any or all of its
586	property, including all of its property interests in the
587	qualifying facility.
588	(b)  The responsible public entity may take any action to
589	obtain federal, state, or local assistance for a qualifying
590	project that serves the public purpose of this section and may
591	enter into any contracts required to receive such assistance. If
592	the responsible public entity is a state agency, any funds
593	received from the state or federal government or any agency or
594	instrumentality thereof shall be subject to appropriation by the
595	Legislature. The responsible public entity may determine that it
596	serves the public purpose of this section for all or any portion
597	of the costs of a qualifying project to be paid, directly or
598	indirectly, from the proceeds of a grant or loan made by the
599	local, state, or federal government or any agency or
600	instrumentality thereof.
601	(12)  SOVEREIGN IMMUNITY.-This section does not waive the
602	sovereign immunity of the state, any responsible public entity,
603	any affected local jurisdiction, or any officer or employee
604	thereof with respect to the participation in, or approval of all
605	or any part of the qualifying project or its operation,
606	including, but not limited to, interconnection of the qualifying
607	project with any other infrastructure or project. Counties,
608	cities, and towns in which a qualifying project is located
609	possess sovereign immunity with respect to the project's design,
610	construction, and operation.
611	(13)  CONSTRUCTION AND EFFECT.-This section shall be
612	liberally construed to effectuate the purposes thereof. This
613	section does not affect the authority of the responsible public
614	entity to take action that would impact the debt capacity of the
615	state.
616	(14)  PUBLIC-PRIVATE PARTNERSHIP ADVISORY COMMISSION.-
617	(a)  The Public-Private Partnership Advisory Commission is
618	established to review the implementation of this section and to
619	provide recommendations for any revisions necessary to further
620	support public-private partnership opportunities in the state.
621	(b)  The commission shall consist of 12 members, as
622	follows:
623	1.  Two members of the House of Representatives, appointed
624	by the Speaker of the House of Representatives.
625	2.  Two members of the Senate, appointed by the President
626	of the Senate.
627	3.  Eight members appointed by the Governor, as follows:
628	a.  Four local government officials.
629	b.  Two state agency representatives.
630	c.  Two representatives of the private sector.
631
632	All terms are for 4 years, except those members of the House of
633	Representatives and Senate, who shall serve on the commission
634	until the expiration of their terms of office or until their
635	successors qualify.
636	(c)  The members of the commission shall elect a
637	chairperson and a vice-chairperson. The commission shall hold
638	public meetings at least quarterly or upon the call of the
639	chairperson. A majority of the commission constitutes a quorum.
640	(d)  Members of the commission are entitled to receive per
641	diem and travel expenses as provided in s. 112.061.
642	(e)  Administrative staff support shall be provided by the
643	Executive Office of the Governor, as appropriate.
644	(f)  A copy of the minutes from each commission meeting
645	shall be provided to and maintained by the Governor, the
646	President of Senate, and the Speaker of the House of
647	Representatives.
648	(g)  Beginning on December 13, 2012, and each year
649	thereafter, the commission shall submit a report providing
650	comments on the implementation of this section and
651	recommendations for future revisions to the Governor, the
652	President of the Senate, and the Speaker of the House of
653	Representatives.
654	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.