SB 238 - Public-Private Partnerships Summary

• Creates section 287.05712, F.S. to establish a comprehensive framework for public-private partnerships allowing private entities to develop, finance, and operate qualifying public projects including ferries, transit facilities, ports, power plants, medical facilities, water/wastewater infrastructure, and educational facilities.

• Requires public entities to adopt and publish guidelines before considering proposals, including procedures for competition, financial review, selection criteria, public notice requirements (minimum 60 days), and independent professional analysis of projects.

• Establishes procurement procedures allowing public entities to solicit or receive unsolicited proposals, rank competing bids, and requires approval by local governing bodies; permits public entities to charge application fees to cover evaluation costs.

• Authorizes interim agreements for project planning and design work, and comprehensive agreements containing specifications for bonds, insurance, maintenance standards, user fees, financing terms, and termination procedures; ensures public entity ownership upon project completion.

• Preserves sovereign immunity for public entities and affected local jurisdictions; prohibits pledging public credit to secure private financing; requires all private financing liens be paid in full when facility transfers to public entity; effective July 1, 2013.