Bill Text: FL S0824 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public Procurement Practices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0824 Detail]
Download: Florida-2015-S0824-Comm_Sub.html
Bill Title: Public Procurement Practices
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S0824 Detail]
Download: Florida-2015-S0824-Comm_Sub.html
Florida Senate - 2015 CS for SB 824 By the Committee on Community Affairs; and Senator Evers 578-02390-15 2015824c1 1 A bill to be entitled 2 An act relating to public-private partnerships; 3 transferring, renumbering, and amending s. 287.05712, 4 F.S.; revising definitions; deleting provisions 5 creating the Public-Private Partnership Guidelines 6 Task Force; requiring a private entity that submits an 7 unsolicited proposal to pay an initial application fee 8 and additional amounts if the fee does not cover 9 certain costs; specifying payment methods; authorizing 10 a responsible public entity to alter the statutory 11 timeframe for accepting proposals for a qualifying 12 project under certain circumstances; deleting a 13 provision that requires approval of the local 14 governing body before a school board enters into a 15 comprehensive agreement; requiring a responsible 16 public entity to include a design criteria package in 17 a solicitation; specifying requirements for the design 18 criteria package; revising the conditions necessary 19 for a responsible public entity to approve a 20 comprehensive agreement; deleting provisions relating 21 to notice to affected local jurisdictions; providing 22 that fees imposed by a private entity must be applied 23 as set forth in the comprehensive agreement; 24 restricting provisions in financing agreements that 25 could result in a responsible public entity’s losing 26 ownership of real or tangible personal property; 27 deleting a provision that required a responsible 28 public entity to comply with specific financial 29 obligations; providing duties of the Department of 30 Management Services; revising provisions relating to 31 construction of the act; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 287.05712, Florida Statutes, is 36 transferred, renumbered as section 255.065, Florida Statutes, 37 and amended to read: 38 255.065287.05712Public-private partnerships.— 39 (1) DEFINITIONS.—As used in this section, the term: 40 (a) “Affected local jurisdiction” means a county, 41 municipality, or special district in which all or a portion of a 42 qualifying project is located. 43 (b) “Develop” means to plan, design, finance, lease, 44 acquire, install, construct, or expand. 45 (c) “Fees” means charges imposed by the private entity of a 46 qualifying project for use of all or a portion of such 47 qualifying project pursuant to a comprehensive agreement. 48 (d) “Lease payment” means any form of payment, including a 49 land lease, by a public entity to the private entity of a 50 qualifying project for the use of the project. 51 (e) “Material default” means a nonperformance of its duties 52 by the private entity of a qualifying project which jeopardizes 53 adequate service to the public from the project. 54 (f) “Operate” means to finance, maintain, improve, equip, 55 modify, or repair. 56 (g) “Private entity” means any natural person, corporation, 57 general partnership, limited liability company, limited 58 partnership, joint venture, business trust, public benefit 59 corporation, nonprofit entity, or other private business entity. 60 (h) “Proposal” means a plan for a qualifying project with 61 detail beyond a conceptual level for which terms such as fixing 62 costs, payment schedules, financing, deliverables, and project 63 schedule are defined. 64 (i) “Qualifying project” means: 65 1. A facility or project that serves a public purpose, 66 including, but not limited to, any ferry or mass transit 67 facility, vehicle parking facility, airport or seaport facility, 68 rail facility or project, fuel supply facility, oil or gas 69 pipeline, medical or nursing care facility, recreational 70 facility, sporting or cultural facility, or educational facility 71 or other building or facility that is used or will be used by a 72 public educational institution, or any other public facility or 73 infrastructure that is used or will be used by the public at 74 large or in support of an accepted public purpose or activity; 75 2. An improvement, including equipment, of a building that 76 will be principally used by a public entity or the public at 77 large or that supports a service delivery system in the public 78 sector; 79 3. A water, wastewater, or surface water management 80 facility or other related infrastructure; or 81 4. Notwithstanding any provision of this section, for 82 projects that involve a facility owned or operated by the 83 governing board of a county, district, or municipal hospital or 84 health care system, or projects that involve a facility owned or 85 operated by a municipal electric utility, only those projects 86 that the governing board designates as qualifying projects 87 pursuant to this section. 88 (j) “Responsible public entity” means a county, 89 municipality, school district, special district, Florida College 90 System institution, or state universityboard, or any other 91 political subdivision of the state; a public body corporate and 92 politic; or a regional entity that serves a public purpose and 93 is authorized to develop or operate a qualifying project. 94 (k) “Revenues” means the income, earnings, user fees, lease 95 payments, or other service payments relating to the development 96 or operation of a qualifying project, including, but not limited 97 to, money received as grants or otherwise from the Federal 98 Government, a public entity, or an agency or instrumentality 99 thereof in aid of the qualifying project. 100 (l) “Service contract” means a contract between a 101 responsible public entity and the private entity which defines 102 the terms of the services to be provided with respect to a 103 qualifying project. 104 (2) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 105 that there is a public need for the construction or upgrade of 106 facilities that are used predominantly for public purposes and 107 that it is in the public’s interest to provide for the 108 construction or upgrade of such facilities. 109 (a) The Legislature also finds that: 110 1. There is a public need for timely and cost-effective 111 acquisition, design, construction, improvement, renovation, 112 expansion, equipping, maintenance, operation, implementation, or 113 installation of projects serving a public purpose, including 114 educational facilities, transportation facilities, water or 115 wastewater management facilities and infrastructure, technology 116 infrastructure, roads, highways, bridges, and other public 117 infrastructure and government facilities within the state which 118 serve a public need and purpose, and that such public need may 119 not be wholly satisfied by existing procurement methods. 120 2. There are inadequate resources to develop new 121 educational facilities, transportation facilities, water or 122 wastewater management facilities and infrastructure, technology 123 infrastructure, roads, highways, bridges, and other public 124 infrastructure and government facilities for the benefit of 125 residents of this state, and that a public-private partnership 126 has demonstrated that it can meet the needs by improving the 127 schedule for delivery, lowering the cost, and providing other 128 benefits to the public. 129 3. There may be state and federal tax incentives that 130 promote partnerships between public and private entities to 131 develop and operate qualifying projects. 132 4. A procurement under this section serves the public 133 purpose of this section if such procurement facilitates the 134 timely development or operation of a qualifying project. 135 (b) It is the intent of the Legislature to encourage 136 investment in the state by private entities; to facilitate 137 various bond financing mechanisms, private capital, and other 138 funding sources for the development and operation of qualifying 139 projects, including expansion and acceleration of such financing 140 to meet the public need; and to provide the greatest possible 141 flexibility to public and private entities contracting for the 142 provision of public services. 143(3) PUBLIC-PRIVATE PARTNERSHIP GUIDELINES TASK FORCE.—144(a) There is created the Partnership for Public Facilities145and Infrastructure Act Guidelines Task Force for the purpose of146recommending guidelines for the Legislature to consider for147purposes of creating a uniform process for establishing public148private partnerships, including the types of factors responsible149public entities should review and consider when processing150requests for public-private partnership projects pursuant to151this section.152(b) The task force shall be composed of seven members, as153follows:1541. The Secretary of Management Services or his or her155designee, who shall serve as chair of the task force.1562. Six members appointed by the Governor, as follows:157a. One county government official.158b. One municipal government official.159c. One district school board member.160d. Three representatives of the business community.161(c) Task force members must be appointed by July 31, 2013.162By August 31, 2013, the task force shall meet to establish163procedures for the conduct of its business and to elect a vice164chair. The task force shall meet at the call of the chair. A165majority of the members of the task force constitutes a quorum,166and a quorum is necessary for the purpose of voting on any167action or recommendation of the task force. All meetings shall168be held in Tallahassee, unless otherwise decided by the task169force, and then no more than two such meetings may be held in170other locations for the purpose of taking public testimony.171Administrative and technical support shall be provided by the172department. Task force members shall serve without compensation173and are not entitled to reimbursement for per diem or travel174expenses.175(d) In reviewing public-private partnerships and developing176recommendations, the task force must consider:1771. Opportunities for competition through public notice and178the availability of representatives of the responsible public179entity to meet with private entities considering a proposal.1802. Reasonable criteria for choosing among competing181proposals.1823. Suggested timelines for selecting proposals and183negotiating an interim or comprehensive agreement.1844. If an accelerated selection and review and documentation185timelines should be considered for proposals involving a186qualifying project that the responsible public entity deems a187priority.1885. Procedures for financial review and analysis which, at a189minimum, include a cost-benefit analysis, an assessment of190opportunity cost, and consideration of the results of all191studies and analyses related to the proposed qualifying project.1926. The adequacy of the information released when seeking193competing proposals and providing for the enhancement of that194information, if deemed necessary, to encourage competition.1957. Current exemptions from public records and public196meetings requirements, if any changes to those exemptions are197necessary, or if any new exemptions should be created in order198to maintain the confidentiality of financial and proprietary199information received as part of an unsolicited proposal.2008. Recommendations regarding the authority of the201responsible public entity to engage the services of qualified202professionals, which may include a Florida-registered203professional or a certified public accountant, not otherwise204employed by the responsible public entity, to provide an205independent analysis regarding the specifics, advantages,206disadvantages, and long-term and short-term costs of a request207by a private entity for approval of a qualifying project, unless208the governing body of the public entity determines that such209analysis should be performed by employees of the public entity.210(e) The task force must submit a final report of its211recommendations to the Governor, the President of the Senate,212and the Speaker of the House of Representatives by July 1, 2014.213(f) The task force is terminated December 31, 2014. The214establishment of guidelines pursuant to this section or the215adoption of such guidelines by a responsible public entity is216not required for such entity to request or receive proposals for217a qualifying project or to enter into a comprehensive agreement218for a qualifying project. A responsible public entity may adopt219guidelines so long as such guidelines are not inconsistent with220this section.221 (3)(4)PROCUREMENT PROCEDURES.—A responsible public entity 222 may receive unsolicited proposals or may solicit proposals for 223 qualifying projects and may thereafter enter into a 224 comprehensiveanagreement with a private entity, or a 225 consortium of private entities, for the building, upgrading, 226 operating, ownership, or financing of facilities. 227 (a)1. The responsible public entity may establish a 228 reasonable application fee for the submission of an unsolicited 229 proposal under this section. 230 2. A private entity that submits an unsolicited proposal to 231 a responsible public entity must concurrently pay an initial 232 application fee, as determined by the responsible public entity. 233 Payment must be made by cash, cashier’s check, or other 234 noncancelable instrument. Personal checks may not be accepted. 235 3. If the initial application fee does not cover the 236 responsible public entity’s costs to evaluate the unsolicited 237 proposal, the responsible public entity must request in writing 238 the additional amounts required. The private entity must pay the 239 requested additional amounts within 30 days after receipt of the 240 notice. The responsible public entity may stop its review of the 241 unsolicited proposal if the private entity fails to pay the 242 additional fee. 243 4. If the responsible public entity does not evaluate the 244 unsolicited proposal, the responsible public entity must return 245 the application feeThe fee must be sufficient to pay the costs246of evaluating the proposal. The responsible public entity may247engage the services of a private consultant to assist in the248evaluation. 249 (b) The responsible public entity may request a proposal 250 from private entities for a qualifyingpublic-privateproject 251 or, if the responsible public entity receives an unsolicited 252 proposal for a qualifyingpublic-privateproject and the 253 responsible public entity intends to enter into a comprehensive 254 agreement for the project described in thesuchunsolicited 255 proposal, the responsible public entity shall publish notice in 256 the Florida Administrative Register and a newspaper of general 257 circulation at least once a week for 2 weeks stating that the 258 responsible public entity has received a proposal and will 259 accept other proposals for the same project. The timeframe 260 within which the responsible public entity may accept other 261 proposals shall be determined by the responsible public entity 262 on a project-by-project basis based upon the complexity of the 263 qualifying project and the public benefit to be gained by 264 allowing a longer or shorter period of time within which other 265 proposals may be received; however, the timeframe for allowing 266 other proposals must be at least 21 days, but no more than 120 267 days, after the initial date of publication. If approved by a 268 majority vote of the responsible public entity’s governing body, 269 the responsible public entity may alter the timeframe for 270 accepting proposals to more adequately suit the needs of the 271 qualifying project. A copy of the notice must be mailed to each 272 local government in the affected area. 273 (c) If the responsible public entity solicits proposals 274 under this section, the solicitation must include a design 275 criteria package prepared by an architect or engineer licensed 276 in this state which is sufficient to allow private entities to 277 prepare a bid or a response. The design criteria package must 278 specify performance-based criteria for the project, including 279 the legal description of the site, with survey information; 280 interior space requirements; material quality standards; 281 schematic layouts and conceptual design criteria for the 282 project, with budget estimates; design and construction 283 schedules; and site and utility requirementsA responsible284public entity that is a school board may enter into a285comprehensive agreement only with the approval of the local286governing body. 287 (d) Before approving a comprehensive agreementapproval, 288 the responsible public entity must determine that the proposed 289 project: 290 1. Is in the public’s best interest. 291 2. Is for a facility that is owned by the responsible 292 public entity or for a facility for which ownership will be 293 conveyed to the responsible public entity. 294 3. Has adequate safeguards in place to ensure that 295 additional costs or service disruptions are not imposed on the 296 public in the event of material default or cancellation of the 297 comprehensive agreement by the responsible public entity. 298 4. Has adequate safeguards in place to ensure that the 299 responsible public entity or private entity has the opportunity 300 to add capacity to the proposed project or other facilities 301 serving similar predominantly public purposes. 302 5. Will be owned by the responsible public entity upon 303 completion, expiration, or termination of the comprehensive 304 agreement and upon payment of the amounts financed. 305 (e) Before signing a comprehensive agreement, the 306 responsible public entity must consider a reasonable finance 307 plan that is consistent with subsection (9)(11); the qualifying 308 project cost; revenues by source; available financing; major 309 assumptions; internal rate of return on private investments, if 310 governmental funds are assumed in order to deliver a cost 311 feasible project; and a total cash-flow analysis beginning with 312 the implementation of the project and extending for the term of 313 the comprehensive agreement. 314 (f) In considering an unsolicited proposal, the responsible 315 public entity may require from the private entity a technical 316 study prepared by a nationally recognized expert with experience 317 in preparing analysis for bond rating agencies. In evaluating 318 the technical study, the responsible public entity may rely upon 319 internal staff reports prepared by personnel familiar with the 320 operation of similar facilities or the advice of external 321 advisors or consultants who have relevant experience. 322 (4)(5)PROJECT APPROVAL REQUIREMENTS.—An unsolicited 323 proposal from a private entity for approval of a qualifying 324 project must be accompanied by the following material and 325 information, unless waived by the responsible public entity: 326 (a) A description of the qualifying project, including the 327 conceptual design of the facilities or a conceptual plan for the 328 provision of services, and a schedule for the initiation and 329 completion of the qualifying project. 330 (b) A description of the method by which the private entity 331 proposes to secure the necessary property interests that are 332 required for the qualifying project. 333 (c) A description of the private entity’s general plans for 334 financing the qualifying project, including the sources of the 335 private entity’s funds and the identity of any dedicated revenue 336 source or proposed debt or equity investment on behalf of the 337 private entity. 338 (d) The name and address of a person who may be contacted 339 for additional information concerning the proposal. 340 (e) The proposed user fees, lease payments, or other 341 service payments over the term of a comprehensive agreement, and 342 the methodology for and circumstances that would allow changes 343 to the user fees, lease payments, and other service payments 344 over time. 345 (f) Additional material or information that the responsible 346 public entity reasonably requests. 347 348 Any pricing or financial terms included in an unsolicited 349 proposal must be specific as to when the pricing or terms 350 expire. 351 (5)(6)PROJECT QUALIFICATION AND PROCESS.— 352 (a) The private entity, or the applicable party or parties 353 of the private entity’s team, must meet the minimum standards 354 contained in the responsible public entity’s guidelines for 355 qualifying professional services and contracts for traditional 356 procurement projects. 357 (b) The responsible public entity must: 358 1. Ensure that provision is made for the private entity’s 359 performance and payment of subcontractors, including, but not 360 limited to, surety bonds, letters of credit, parent company 361 guarantees, and lender and equity partner guarantees. For the 362 components of the qualifying project which involve construction 363 performance and payment, bonds are required and are subject to 364 the recordation, notice, suit limitation, and other requirements 365 of s. 255.05. 366 2. Ensure the most efficient pricing of the security 367 package that provides for the performance and payment of 368 subcontractors. 369 3. Ensure thatprovision is made for the transfer of the370private entity’s obligations ifthe comprehensive agreement 371 addresses termination uponis terminated ora material default 372 of the comprehensive agreementoccurs. 373 (c) After the public notification period has expired in the 374 case of an unsolicited proposal, the responsible public entity 375 shall rank the proposals received in order of preference. In 376 ranking the proposals, the responsible public entity may 377 consider factors that include, but are not limited to, 378 professional qualifications, general business terms, innovative 379 design techniques or cost-reduction terms, and finance plans. 380 The responsible public entity may then begin negotiations for a 381 comprehensive agreement with the highest-ranked firm. If the 382 responsible public entity is not satisfied with the results of 383 the negotiations, the responsible public entity may terminate 384 negotiations with the proposer and negotiate with the second 385 ranked or subsequent-ranked firms, in the order consistent with 386 this procedure. If only one proposal is received, the 387 responsible public entity may negotiate in good faith, and if 388 the responsible public entity is not satisfied with the results 389 of the negotiations, the responsible public entity may terminate 390 negotiations with the proposer. Notwithstanding this paragraph, 391 the responsible public entity may reject all proposals at any 392 point in the process until a contract with the proposer is 393 executed. 394 (d) The responsible public entity shall perform an 395 independent analysis of the proposed public-private partnership 396 which demonstrates the cost-effectiveness and overall public 397 benefit before the procurement process is initiated or before 398 the contract is awarded. 399 (e) The responsible public entity may approve the 400 development or operation of an educational facility, a 401 transportation facility, a water or wastewater management 402 facility or related infrastructure, a technology infrastructure 403 or other public infrastructure, or a government facility needed 404 by the responsible public entity as a qualifying project, or the 405 design or equipping of a qualifying project that is developed or 406 operated, if: 407 1. There is a public need for or benefit derived from a 408 project of the type that the private entity proposes as the 409 qualifying project. 410 2. The estimated cost of the qualifying project is 411 reasonable in relation to similar facilities. 412 3. The private entity’s plans will result in the timely 413 acquisition, design, construction, improvement, renovation, 414 expansion, equipping, maintenance, or operation of the 415 qualifying project. 416 (f) The responsible public entity may charge a reasonable 417 fee to cover the costs of processing, reviewing, and evaluating 418 the request, including, but not limited to, reasonable attorney 419 fees and fees for financial and technical advisors or 420 consultants and for other necessary advisors or consultants. 421 (g) Upon approval of a qualifying project, the responsible 422 public entity shall establish a date for the commencement of 423 activities related to the qualifying project. The responsible 424 public entity may extend the commencement date. 425 (h) Approval of a qualifying project by the responsible 426 public entity is subject to entering into a comprehensive 427 agreement with the private entity. 428(7) NOTICE TO AFFECTED LOCAL JURISDICTIONS.—429(a) The responsible public entity must notify each affected430local jurisdiction by furnishing a copy of the proposal to each431affected local jurisdiction when considering a proposal for a432qualifying project.433(b) Each affected local jurisdiction that is not a434responsible public entity for the respective qualifying project435may, within 60 days after receiving the notice, submit in436writing any comments to the responsible public entity and437indicate whether the facility is incompatible with the local438comprehensive plan, the local infrastructure development plan,439the capital improvements budget, any development of regional440impact processes or timelines, or other governmental spending441plan. The responsible public entity shall consider the comments442of the affected local jurisdiction before entering into a443comprehensive agreement with a private entity. If an affected444local jurisdiction fails to respond to the responsible public445entity within the time provided in this paragraph, the446nonresponse is deemed an acknowledgment by the affected local447jurisdiction that the qualifying project is compatible with the448local comprehensive plan, the local infrastructure development449plan, the capital improvements budget, or other governmental450spending plan.451 (6)(8)INTERIM AGREEMENT.—Before or in connection with the 452 negotiation of a comprehensive agreement, the responsible public 453 entity may enter into an interim agreement with the private 454 entity proposing the development or operation of the qualifying 455 project. An interim agreement does not obligate the responsible 456 public entity to enter into a comprehensive agreement. The 457 interim agreement is discretionary with the parties and is not 458 required on a qualifying project for which the parties may 459 proceed directly to a comprehensive agreement without the need 460 for an interim agreement. An interim agreement must be limited 461 to provisions that: 462 (a) Authorize the private entity to commence activities for 463 which it may be compensated related to the proposed qualifying 464 project, including, but not limited to, project planning and 465 development, design, environmental analysis and mitigation, 466 survey, other activities concerning any part of the proposed 467 qualifying project, and ascertaining the availability of 468 financing for the proposed facility or facilities. 469 (b) Establish the process and timing of the negotiation of 470 the comprehensive agreement. 471 (c) Contain such other provisions related to an aspect of 472 the development or operation of a qualifying project that the 473 responsible public entity and the private entity deem 474 appropriate. 475 (7)(9)COMPREHENSIVE AGREEMENT.— 476 (a) Before developing or operating the qualifying project, 477 the private entity must enter into a comprehensive agreement 478 with the responsible public entity. The comprehensive agreement 479 must provide for: 480 1. Delivery of performance and payment bonds, letters of 481 credit, or other security acceptable to the responsible public 482 entity in connection with the development or operation of the 483 qualifying project in the form and amount satisfactory to the 484 responsible public entity. For the components of the qualifying 485 project which involve construction, the form and amount of the 486 bonds must comply with s. 255.05. 487 2. Review of the design for the qualifying project by the 488 responsible public entity and, if the design conforms to 489 standards acceptable to the responsible public entity, the 490 approval of the responsible public entity. This subparagraph 491 does not require the private entity to complete the design of 492 the qualifying project before the execution of the comprehensive 493 agreement. 494 3. Inspection of the qualifying project by the responsible 495 public entity to ensure that the private entity’s activities are 496 acceptable to the responsible public entity in accordance with 497 the comprehensive agreement. 498 4. Maintenance of a policy of public liability insurance, a 499 copy of which must be filed with the responsible public entity 500 and accompanied by proofs of coverage, or self-insurance, each 501 in the form and amount satisfactory to the responsible public 502 entity and reasonably sufficient to ensure coverage of tort 503 liability to the public and employees and to enable the 504 continued operation of the qualifying project. 505 5. Monitoring by the responsible public entity of the 506 maintenance practices to be performed by the private entity to 507 ensure that the qualifying project is properly maintained. 508 6. Periodic filing by the private entity of the appropriate 509 financial statements that pertain to the qualifying project. 510 7. Procedures that govern the rights and responsibilities 511 of the responsible public entity and the private entity in the 512 course of the construction and operation of the qualifying 513 project and in the event of the termination of the comprehensive 514 agreement or a material default by the private entity. The 515 procedures must include conditions that govern the assumption of 516 the duties and responsibilities of the private entity by an 517 entity that funded, in whole or part, the qualifying project or 518 by the responsible public entity, and must provide for the 519 transfer or purchase of property or other interests of the 520 private entity by the responsible public entity. 521 8. Fees, lease payments, or service payments. In 522 negotiating user fees, the fees must be the same for persons 523 using the facility under like conditions and must not materially 524 discourage use of the qualifying project. The execution of the 525 comprehensive agreement or a subsequent amendment is conclusive 526 evidence that the fees, lease payments, or service payments 527 provided for in the comprehensive agreement comply with this 528 section. Fees or lease payments established in the comprehensive 529 agreement as a source of revenue may be in addition to, or in 530 lieu of, service payments. 531 9. Duties of the private entity, including the terms and 532 conditions that the responsible public entity determines serve 533 the public purpose of this section. 534 (b) The comprehensive agreement may include: 535 1. An agreement by the responsible public entity to make 536 grants or loans to the private entity from amounts received from 537 the federal, state, or local government or an agency or 538 instrumentality thereof. 539 2. A provision under which each entity agrees to provide 540 notice of default and cure rights for the benefit of the other 541 entity, including, but not limited to, a provision regarding 542 unavoidable delays. 543 3. A provision that terminates the authority and duties of 544 the private entity under this section and dedicates the 545 qualifying project to the responsible public entity or, if the 546 qualifying project was initially dedicated by an affected local 547 jurisdiction, to the affected local jurisdiction for public use. 548 (8)(10)FEES.—A comprehensiveAnagreement entered into 549 pursuant to this section may authorize the private entity to 550 impose fees to members of the public for the use of the 551 facility. The following provisions apply to the comprehensive 552 agreement: 553 (a) The responsible public entity may develop new 554 facilities or increase capacity in existing facilities through a 555 comprehensive agreement with a private entityagreements with556public-private partnerships. 557 (b) The comprehensivepublic-private partnershipagreement 558 must ensure that the facility is properly operated, maintained, 559 or improved in accordance with standards set forth in the 560 comprehensive agreement. 561 (c) The responsible public entity may lease existing fee 562 for-use facilities through a comprehensivepublic-private563partnershipagreement. 564 (d) Any revenues must be authorized by and applied in the 565 manner set forth inregulated by the responsible public entity566pursuant tothe comprehensive agreement. 567 (e) A negotiated portion of revenues from fee-generating 568 uses maymustbe returned to the responsible public entity over 569 the life of the comprehensive agreement. 570 (9)(11)FINANCING.— 571 (a) A private entity may enter into a private-source 572 financing agreement between financing sources and the private 573 entity. A financing agreement and any liens on the property or 574 facility must be paid in full at the applicable closing that 575 transfers ownership or operation of the facility to the 576 responsible public entity at the conclusion of the term of the 577 comprehensive agreement. 578 (b) The responsible public entity may lend funds to private 579 entities that construct projects containing facilities that are 580 approved under this section. 581 (c) The responsible public entity may use innovative 582 finance techniques associated with a public-private partnership 583 under this section, including, but not limited to, federal loans 584 as provided in Titles 23 and 49 C.F.R., commercial bank loans, 585 and hedges against inflation from commercial banks or other 586 private sources. In addition, the responsible public entity may 587 provide its own capital or operating budget to support a 588 qualifying project. The budget may be from any legally 589 permissible funding sources of the responsible public entity, 590 including the proceeds of debt issuances. A responsible public 591 entity may use the model financing agreement provided in s. 592 489.145(6) for its financing of a facility owned by a 593 responsible public entity. A financing agreement may not require 594 the responsible public entity to indemnify the financing source, 595 subject the responsible public entity’s facility to liens in 596 violation of s. 11.066(5), or secure financing ofbythe 597 responsible public entity by a mortgage on, or security interest 598 in, the real or tangible personal property of the responsible 599 public entity in a manner that could result in the loss of the 600 fee ownership of the property by the responsible public entity 601with a pledge of security interest, and any such provision is 602 void. 603(d) A responsible public entity shall appropriate on a604priority basis as required by the comprehensive agreement a605contractual payment obligation, annual or otherwise, from the606enterprise or other government fund from which the qualifying607projects will be funded. This required payment obligation must608be appropriated before other noncontractual obligations payable609from the same enterprise or other government fund.610 (10)(12)POWERS AND DUTIES OF THE PRIVATE ENTITY.— 611 (a) The private entity shall: 612 1. Develop or operate the qualifying project in a manner 613 that is acceptable to the responsible public entity in 614 accordance with the provisions of the comprehensive agreement. 615 2. Maintain, or provide by contract for the maintenance or 616 improvement of, the qualifying project if required by the 617 comprehensive agreement. 618 3. Cooperate with the responsible public entity in making 619 best efforts to establish interconnection between the qualifying 620 project and any other facility or infrastructure as requested by 621 the responsible public entity in accordance with the provisions 622 of the comprehensive agreement. 623 4. Comply with the comprehensive agreement and any lease or 624 service contract. 625 (b) Each private facility that is constructed pursuant to 626 this section must comply with the requirements of federal, 627 state, and local laws; state, regional, and local comprehensive 628 plans; the responsible public entity’s rules, procedures, and 629 standards for facilities; and such other conditions that the 630 responsible public entity determines to be in the public’s best 631 interest and that are included in the comprehensive agreement. 632 (c) The responsible public entity may provide services to 633 the private entity. An agreement for maintenance and other 634 services entered into pursuant to this section must provide for 635 full reimbursement for services rendered for qualifying 636 projects. 637 (d) A private entity of a qualifying project may provide 638 additional services for the qualifying project to the public or 639 to other private entities if the provision of additional 640 services does not impair the private entity’s ability to meet 641 its commitments to the responsible public entity pursuant to the 642 comprehensive agreement. 643 (11)(13)EXPIRATION OR TERMINATION OF AGREEMENTS.—Upon the 644 expiration or termination of a comprehensive agreement, the 645 responsible public entity may use revenues from the qualifying 646 project to pay current operation and maintenance costs of the 647 qualifying project. If the private entity materially defaults 648 under the comprehensive agreement, the compensation that is 649 otherwise due to the private entity is payable to satisfy all 650 financial obligations to investors and lenders on the qualifying 651 project in the same way that is provided in the comprehensive 652 agreement or any other agreement involving the qualifying 653 project, if the costs of operating and maintaining the 654 qualifying project are paid in the normal course. Revenues in 655 excess of the costs for operation and maintenance costs may be 656 paid to the investors and lenders to satisfy payment obligations 657 under their respective agreements. A responsible public entity 658 may terminate with cause and without prejudice a comprehensive 659 agreement and may exercise any other rights or remedies that may 660 be available to it in accordance with the provisions of the 661 comprehensive agreement. The full faith and credit of the 662 responsible public entity may not be pledged to secure the 663 financing of the private entity. The assumption of the 664 development or operation of the qualifying project does not 665 obligate the responsible public entity to pay any obligation of 666 the private entity from sources other than revenues from the 667 qualifying project unless stated otherwise in the comprehensive 668 agreement. 669 (12)(14)SOVEREIGN IMMUNITY.—This section does not waive 670 the sovereign immunity of a responsible public entity, an 671 affected local jurisdiction, or an officer or employee thereof 672 with respect to participation in, or approval of, any part of a 673 qualifying project or its operation, including, but not limited 674 to, interconnection of the qualifying project with any other 675 infrastructure or project. A county or municipality in which a 676 qualifying project is located possesses sovereign immunity with 677 respect to the project, including, but not limited to, its 678 design, construction, and operation. 679 (13) DEPARTMENT OF MANAGEMENT SERVICES.— 680 (a) A responsible public entity may provide a copy of its 681 comprehensive agreement to the Department of Management 682 Services. A responsible public entity must redact any 683 confidential or exempt information from the copy of the 684 comprehensive agreement before providing it to the Department of 685 Management Services. 686 (b) The Department of Management Services may accept and 687 maintain copies of comprehensive agreements received from 688 responsible public entities for the purpose of sharing 689 comprehensive agreements with other responsible public entities. 690 (c) This subsection does not require a responsible public 691 entity to provide a copy of its comprehensive agreement to the 692 Department of Management Services. 693 (14)(15)CONSTRUCTION.— 694 (a) This section shall be liberally construed to effectuate 695 the purposes of this section. 696 (b) This section shall be construed as cumulative and 697 supplemental to any other authority or power vested in or 698 exercised by the governing bodyboardof a county, municipality, 699 special district, or municipal hospital or health care system 700 including those contained in acts of the Legislature 701establishing such public hospital boards or s. 155.40. 702 (c) This section does not affect any agreement or existing 703 relationship with a supporting organization involving such 704 governing bodyboardor system in effect as of January 1, 2013. 705 (d)(a)This section provides an alternative method and does 706 not limit a county, municipality, special district, or other 707 political subdivision of the state in the procurement or 708 operation of a qualifying projectacquisition, design, or709construction of a public projectpursuant to other statutory or 710 constitutional authority. 711 (e)(b)Except as otherwise provided in this section, this 712 section does not amend existing laws by granting additional 713 powers to, or further restricting, a local governmental entity 714 from regulating and entering into cooperative arrangements with 715 the private sector for the planning, construction, or operation 716 of a facility. 717 (f)(c)This section does not waive any requirement of s. 718 287.055. 719 Section 2. This act shall take effect July 1, 2015.