Bill Text: FL H0497 | 2010 | Regular Session | Introduced

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Bill Title: Transportation Facilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Roads, Bridges, & Ports Policy (EDCA) [H0497 Detail]

Download: Florida-2010-H0497-Introduced.html

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HB 497

1	A bill to be entitled
2	An act relating to transportation facilities; amending s.
3	334.30, F.S.; revising criteria for evaluation by the
4	Department of Transportation of certain public-private
5	project proposals; providing that a determination that a
6	project is in the public's best interest be evidenced by a
7	business case prepared under specified provisions and
8	submitted to the Council on Efficient Government; deleting
9	a provision authorizing the department to lease existing
10	toll facilities through public-private partnerships;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Paragraph (a) of subsection (1) and subsection
16	(2) of section 334.30, Florida Statutes, are amended to read:
17	334.30 Public-private transportation facilities.-The
18	Legislature finds and declares that there is a public need for
19	the rapid construction of safe and efficient transportation
20	facilities for the purpose of traveling within the state, and
21	that it is in the public's interest to provide for the
22	construction of additional safe, convenient, and economical
23	transportation facilities.
24	(1) The department may receive or solicit proposals and,
25	with legislative approval as evidenced by approval of the
26	project in the department's work program, enter into agreements
27	with private entities, or consortia thereof, for the building,
28	operation, ownership, or financing of transportation facilities.
29	The department may advance projects programmed in the adopted 5-
30	year work program or projects increasing transportation capacity
31	and greater than $500 million in the 10-year Strategic
32	Intermodal Plan using funds provided by public-private
33	partnerships or private entities to be reimbursed from
34	department funds for the project as programmed in the adopted
35	work program. The department shall by rule establish an
36	application fee for the submission of unsolicited proposals
37	under this section. The fee must be sufficient to pay the costs
38	of evaluating the proposals. The department may engage the
39	services of private consultants to assist in the evaluation.
40	Before approval, the department must determine that the proposed
41	project:
42	(a) Is in the public's best interest as evidenced by a
43	business case prepared under s. 287.0574 and submitted to the
44	Council on Efficient Government;
45
46	The department shall ensure that all reasonable costs to the
47	state, related to transportation facilities that are not part of
48	the State Highway System, are borne by the private entity. The
49	department shall also ensure that all reasonable costs to the
50	state and substantially affected local governments and
51	utilities, related to the private transportation facility, are
52	borne by the private entity for transportation facilities that
53	are owned by private entities. For projects on the State Highway
54	System, the department may use state resources to participate in
55	funding and financing the project as provided for under the
56	department's enabling legislation. Because the Legislature
57	recognizes that private entities or consortia thereof would
58	perform a governmental or public purpose or function when they
59	enter into agreements with the department to design, build,
60	operate, own, or finance transportation facilities, the
61	transportation facilities, including leasehold interests
62	thereof, are exempt from ad valorem taxes as provided in chapter
63	196 to the extent property is owned by the state or other
64	government entity, and from intangible taxes as provided in
65	chapter 199 and special assessments of the state, any city,
66	town, county, special district, political subdivision of the
67	state, or any other governmental entity. The private entities or
68	consortia thereof are exempt from tax imposed by chapter 201 on
69	all documents or obligations to pay money which arise out of the
70	agreements to design, build, operate, own, lease, or finance
71	transportation facilities. Any private entities or consortia
72	thereof must pay any applicable corporate taxes as provided in
73	chapters 220 and 221, and unemployment compensation taxes as
74	provided in chapter 443, and sales and use tax as provided in
75	chapter 212 shall be applicable. The private entities or
76	consortia thereof must also register and collect the tax imposed
77	by chapter 212 on all their direct sales and leases that are
78	subject to tax under chapter 212. The agreement between the
79	private entity or consortia thereof and the department
80	establishing a transportation facility under this chapter
81	constitutes documentation sufficient to claim any exemption
82	under this section.
83	(2) Agreements entered into pursuant to this section may
84	authorize the private entity to impose tolls or fares for the
85	use of the facility. The following provisions shall apply to
86	such agreements:
87	(a) With the exception of the Florida Turnpike System, the
88	department may lease existing toll facilities through public-
89	private partnerships. The public-private partnership agreement
90	must ensure that the transportation facility is properly
91	operated, maintained, and renewed in accordance with department
92	standards.
93	(a)(b) The department may develop new toll facilities or
94	increase capacity on existing toll facilities through public-
95	private partnerships. The public-private partnership agreement
96	must ensure that the toll facility is properly operated,
97	maintained, and renewed in accordance with department standards.
98	(b)(c) Any toll revenues shall be regulated by the
99	department pursuant to s. 338.165(3). The regulations governing
100	the future increase of toll or fare revenues shall be included
101	in the public-private partnership agreement.
102	(c)(d) The department shall provide the analysis required
103	in subparagraph (6)(e)2. to the Legislative Budget Commission
104	created pursuant to s. 11.90 for review and approval prior to
105	awarding a contract on a lease of an existing toll facility.
106	(d)(e) The department shall include provisions in the
107	public-private partnership agreement that ensure a negotiated
108	portion of revenues from tolled or fare generating projects are
109	returned to the department over the life of the public-private
110	partnership agreement. In the case of a lease of an existing
111	toll facility, the department shall receive a portion of funds
112	upon closing on the agreements and shall also include provisions
113	in the agreement to receive payment of a portion of excess
114	revenues over the life of the public-private partnership.
115	(e)(f) The private entity shall provide an investment
116	grade traffic and revenue study prepared by an internationally
117	recognized traffic and revenue expert that is accepted by the
118	national bond rating agencies. The private entity shall also
119	provide a finance plan that identifies the project cost,
120	revenues by source, financing, major assumptions, internal rate
121	of return on private investments, and whether any government
122	funds are assumed to deliver a cost-feasible project, and a
123	total cash flow analysis beginning with implementation of the
124	project and extending for the term of the agreement.
125	Section 2. This act shall take effect July 1, 2010.

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