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Fall 2013
IN THIS ISSUE
d&G Lawyer News
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New Florida Law Presents Opportunities for Local Government and Business to Partner for Public Purpose Projects
By: Patrick J. McNamara and Kristin K. Morris
The Florida Legislature has passed new laws, effective July 1, 2013,
that will help facilitate public/private partnerships for the development, construction and
funding of much needed infrastructure projects.
Public/private partnerships are contractual agreements which allow the private sector and local government to work
together to develop infrastructure projects.
In passing the new law, the legislature recognized that Florida has a need for timely and cost-effective financing
and development of projects that serve a public purpose and that Florida’s needs may not be fully satisfied by
existing government contract procurement methods. The new laws are intended to provide greater flexibility to
local governments in contracting with private enterprise for the development of public projects. Included in
the new public/private partnerships law are alternative procurement processes and requirements. The new law
also provides for local government to consider unsolicited proposals from the private sector.
The new law provides that the responsible public entity must determine that a proposed project is in the public’s best interest and is for a facility that is owned or to be owned by the public entity. In addition to new procurement procedures, the new law provides for the protection of the public entity from cost or service disruptions in the event of a default or cancellation of a public/private partnership agreement. Perhaps most importantly, the new law provides creative financing options, including private source financing, public entity loans to a private entity, as well as allowing the public entity to authorize a private entity to impose fees for use of a facility. Significantly, any such fee arrangement will be subject to regulation by the responsible public entity.
The new law also amended Section 255.60, F.S. to authorize public/private partnerships to contract with charitable youth or not for profit organizations for public service work to maintain, preserve or repair certain park land.
Through these new laws, the Florida legislature has opened the door for more creative mechanisms for local governments to finance and construct much needed infrastructure projects. For more information about these new public/private partnership laws, call Ed de la Parte or Pat McNamara at (813) 229-2775.
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