Public-Private Partnerships (SB 824 & CS/HB 63) Public-private partnerships (sometimes referred to as P3s) are contractual Overview: arrangements between a responsible public entity and a private entity for the purpose of carrying out public projects. Current law authorizes P3s for specified public purpose projects if the responsible public entity determines that the project is in the that public’s best interest, there is a need for or benefit derived from the project, the estimated cost of the project is reasonable, and the private plans will result in the timely acquisition, design, entity’s construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project. In 2013, the Public-Private Partnerships Task Force was convened for the purpose of establishing guidelines for the Legislature to develop a uniform process for establishing partnerships, including the types of factors public entities should review and consider when processing requests for public-private partnership projects. In 2014, the Task Force issued its final report and a list of recommendations. This bill incorporates many of the Task recommendations and touches on various Force’s issues that have bearing on the P3 process. Definition of “Responsible Public Entity” The current definition in statute for public the Background: “responsible entity” includes following: counties, municipalities, school boards, or other political subdivision of the “any state, public body corporate and politic, or regional body that serves a public purpose and is authorized to develop or operate a qualifying project.” This bill would add school districts, special districts, state universities, or Proposed Changes: any Florida College System institution to the list of public entities covered under that definition. Application Fees & Unsolicited Proposals While public entities may receive unsolicited proposals for public projects, they Background: are also allowed under current law to charge a fee for receiving these proposals. The fee is meant to cover the cost of evaluating the proposal and therefore must be reasonable and sufficient toward that end. This bill would make it a requirement for vendors who submit an Proposed Changes: unsolicited proposal to pay any evaluation fees in or other cash, cashier’s check, instrument. Personal checks would no longer be accepted. If the original payment does not fully cover the cost of evaluation, the public entity would need to inform the vendor of this and the vendor in turn would be required to make additional payment within 30 days. Should they not do this, the public entity may suspend their evaluation. However, should the
Public-Private Partnerships (SB 824 & CS/HB 63) Overview: Public-private partnerships (sometimes referred to as P3s) are contractual arrangements between a responsible public entity and a private entity for the purpose of carrying out public projects. Current law authorizes P3s for specified public purpose projects if the responsible public entity determines that the project is in the public’s best interest, that there is a need for or benefit derived from the project, the estimated cost of the project is reasonable, and the private entity’s plans will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project. In 2013, the Public-Private Partnerships Task Force was convened for the purpose of establishing guidelines for the Legislature to develop a uniform process for establishing partnerships, including the types of factors public entities should review and consider when processing requests for public-private partnership projects. In 2014, the Task Force issued its final report and a list of recommendations. This bill incorporates many of the Task Force’s recommendations and touches on various issues that have bearing on the P3 process. Definition of “Responsible Public Entity” Background: The current definition in statute for “responsible public entity” includes the following: counties, municipalities, school boards, or “any other political subdivision of the state, public body corporate and politic, or regional body that serves a public purpose and is authorized to develop or operate a qualifying project.” Proposed Changes: This bill would add school districts, special districts, state universities, or any Florida College System institution to the list of public entities covered under that definition. Application Fees & Unsolicited Proposals Background: While public entities may receive unsolicited proposals for public projects, they are also allowed under current law to charge a fee for receiving these proposals. The fee is meant to cover the cost of evaluating the proposal and therefore must be reasonable and sufficient toward that end. Proposed Changes: This bill would make it a requirement for vendors who submit an unsolicited proposal to pay any evaluation fees in cash, cashier’s check, or other instrument. Personal checks would no longer be accepted. If the original payment does not fully cover the cost of evaluation, the public entity would need to inform the vendor of this and the vendor in turn would be required to make additional payment within 30 days. Should they not do this, the public entity may suspend their evaluation. However, should the
2015_Session_Week_Report_Ma.docx