Bill Text: FL S0870 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Unsolicited Proposals for Public-private Partnerships

Spectrum: Bipartisan Bill

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

Download: Florida-2024-S0870-Introduced.html

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       Florida Senate - 2024                                     SB 870
       
       
        
       By Senator Boyd
       
       
       
       
       
       20-00701B-24                                           2024870__
    1                        A bill to be entitled                      
    2         An act relating to unsolicited proposals for public
    3         private partnerships; amending s. 255.065, F.S.;
    4         authorizing, rather than requiring, a responsible
    5         public entity to publish notice of an unsolicited
    6         proposal for a qualifying project in a specified
    7         manner and that other proposals for the same project
    8         will be accepted; authorizing a responsible public
    9         entity to proceed with an unsolicited proposal for a
   10         qualifying project without a public bidding process if
   11         the responsible public entity holds a public meeting
   12         that meets certain requirements and makes a certain
   13         determination; requiring the responsible public entity
   14         to consider certain factors; requiring the responsible
   15         public entity to publish a certain report in the
   16         Florida Administrative Register for a certain period
   17         of time in certain circumstances; revising certain
   18         determinations that a responsible public entity must
   19         make before approving a comprehensive agreement;
   20         conforming provisions to changes made by the act;
   21         providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Present paragraphs (c) through (f) of subsection
   26  (3) of section 255.065, Florida Statutes, are redesignated as
   27  paragraphs (e) through (h), respectively, new paragraphs (c) and
   28  (d) are added to that subsection, and paragraph (b) and present
   29  paragraph (d) of that subsection and paragraph (c) of subsection
   30  (5) of that section are amended, to read:
   31         255.065 Public-private partnerships.—
   32         (3) PROCUREMENT PROCEDURES.—A responsible public entity may
   33  receive unsolicited proposals or may solicit proposals for a
   34  qualifying project and may thereafter enter into a comprehensive
   35  agreement with a private entity, or a consortium of private
   36  entities, for the building, upgrading, operating, ownership, or
   37  financing of facilities.
   38         (b)1. The responsible public entity may request a proposal
   39  from private entities for a qualifying project or, if the
   40  responsible public entity receives an unsolicited proposal for a
   41  qualifying project and the responsible public entity intends to
   42  enter into a comprehensive agreement for the project described
   43  in the unsolicited proposal, the responsible public entity may
   44  shall publish notice in the Florida Administrative Register and
   45  a newspaper of general circulation at least once a week for 2
   46  weeks stating that the responsible public entity has received a
   47  proposal and will accept other proposals for the same project.
   48         2. The timeframe within which the responsible public entity
   49  may accept other proposals shall be determined by the
   50  responsible public entity on a project-by-project basis based
   51  upon the complexity of the qualifying project and the public
   52  benefit to be gained by allowing a longer or shorter period of
   53  time within which other proposals may be received; however, the
   54  timeframe for allowing other proposals must be at least 21 days,
   55  but no more than 120 days, after the initial date of
   56  publication. If approved by a majority vote of the responsible
   57  public entity’s governing body, the responsible public entity
   58  may alter the timeframe for accepting proposals to more
   59  adequately suit the needs of the qualifying project. A copy of
   60  the notice must be mailed to each local government in the
   61  affected area.
   62         (c) The responsible public entity may proceed with an
   63  unsolicited proposal for a qualifying project without engaging
   64  in a public bidding process if the responsible public entity
   65  holds a duly noticed public meeting at which the proposal is
   66  presented, affected public entities and members of the public
   67  are able to provide comment, and the responsible public entity
   68  determines that the proposal is in the public’s interest. In
   69  making the public interest determination, the responsible public
   70  entity must consider all of the following factors:
   71         1. The benefits to the public.
   72         2. The financial structure of and the economic efficiencies
   73  achieved by the proposal.
   74         3. The qualifications and experience of the private entity
   75  that submitted the proposal and such entity’s ability to perform
   76  the project.
   77         4. The project’s compatibility with regional infrastructure
   78  plans.
   79         5. Public comments submitted at the meeting. The
   80  responsible public entity must provide a statement that explains
   81  why the proposal should proceed and addresses such comments.
   82         (d) If the responsible public entity decides to proceed
   83  with an unsolicited proposal without engaging in a public
   84  bidding process, the responsible public entity must publish in
   85  the Florida Administrative Register for at least 7 days a report
   86  that provides the public interest determination required under
   87  paragraph (c) and includes the factors considered in making such
   88  public interest determination.
   89         (f)(d) Before approving a comprehensive agreement, the
   90  responsible public entity must determine that the proposed
   91  project:
   92         1. Is in the public’s best interest, if the proposal was
   93  solicited. If the proposal was unsolicited, the responsible
   94  public entity must determine that the proposed project has been
   95  determined to be in the public’s interest in accordance with
   96  paragraph (c).
   97         2. Is for a facility that is owned by the responsible
   98  public entity or for a facility for which ownership will be
   99  conveyed to the responsible public entity. For a proposed
  100  project that was unsolicited, if ownership will not be conveyed
  101  to the responsible public entity within 10 years after initial
  102  public operation begins, the public benefits apart from
  103  ownership must be identified and stated by the responsible
  104  public entity.
  105         3. Has adequate safeguards in place to ensure that
  106  additional costs or service disruptions are not imposed on the
  107  public in the event of material default or cancellation of the
  108  comprehensive agreement by the responsible public entity.
  109         4. Has adequate safeguards in place to ensure that the
  110  responsible public entity or private entity has the opportunity
  111  to add capacity to the proposed project or other facilities
  112  serving similar predominantly public purposes.
  113         5. If the proposal was solicited, will be owned by the
  114  responsible public entity upon completion, expiration, or
  115  termination of the comprehensive agreement and upon payment of
  116  the amounts financed.
  117         (5) PROJECT QUALIFICATION AND PROCESS.—
  118         (c) After the public notification period has expired in the
  119  case of an unsolicited proposal that is submitted and noticed
  120  for public bidding, the responsible public entity shall rank the
  121  proposals received in order of preference. In ranking the
  122  proposals, the responsible public entity may consider factors
  123  that include, but are not limited to, professional
  124  qualifications, general business terms, innovative design
  125  techniques or cost-reduction terms, and finance plans. The
  126  responsible public entity may then begin negotiations for a
  127  comprehensive agreement with the highest-ranked firm. If the
  128  responsible public entity is not satisfied with the results of
  129  the negotiations, the responsible public entity may terminate
  130  negotiations with the proposer and negotiate with the second
  131  ranked or subsequent-ranked firms, in the order consistent with
  132  this procedure. If only one proposal is received, the
  133  responsible public entity may negotiate in good faith, and if
  134  the responsible public entity is not satisfied with the results
  135  of the negotiations, the responsible public entity may terminate
  136  negotiations with the proposer. Notwithstanding this paragraph,
  137  the responsible public entity may reject all proposals at any
  138  point in the process until a contract with the proposer is
  139  executed.
  140         Section 2. This act shall take effect July 1, 2024.