State Survey of P3 Authorizing Statutes: Florida

Fla. Stat. § 334.30

Summary

The law authorizes public‐private partnerships for transportation projects.

The law requires that the DOT shall ensure that the procurement documents include provisions for the performance of the private entity, including among other things, surety bonds. The DOT shall ensure that procurement documents include provisions for performance of the private entity and payment of subcontractors, including, but not limited to, surety bonds, letters of credit, parent company guarantees, and lender and equity partner guarantees. The DOT must balance the structure of the security package for the public‐private partnership that ensures performance and payment of subcontractors with the cost of the security to ensure the most efficient pricing.

Excerpt:

“(c) The department shall ensure that procurement documents include provisions for performance of the private entity and payment of subcontractors, including, but not limited to surety bonds, letters of credit, parent company guarantees, and lender and equity partner guarantees. The department shall balance the structure of the security package for the public‐private partnership that ensures performance and payment of subcontractors with the cost of the security to ensure the most efficient pricing.”

Fla. Stat. § 337.251

Summary

The law authorizes the DOT to lease to public or private entities, for a term not to exceed 99 years, the use of DOT property, including rights‐of‐way. The law also authorizes the DOT to lease the use of areas above or below state highways or other transportation facilities for commercial purposes.

No surety bond language.

Fla. Stat. §§ 338.22 thru 251

Summary

The Florida Turnpike Enterprise operates like a private‐sector business within the state DOT to plan, develop, own, purchase, lease or otherwise acquire, demolish, construct, improve, relocate, equip, repair, maintain, operate, and manage the Florida Turnpike System. The law permits the enterprise to cooperate, coordinate, partner, and contract with other entities, public and private, to accomplish its purposes.

No surety bond language.

Fla. Stat. § 343.875

Summary

The law authorizes the Northwest Florida Transportation Corridor Authority to enter into agreements with private entities to build, operate, own, or finance transportation facilities within its jurisdiction.

No surety bond language.

Fla. Stat. § 348.0004

Summary

The law authorizes any expressway authority, transportation authority, bridge authority, or toll authority to enter into agreements with private entities to build, operate, own, or finance transportation facilities within the jurisdiction of the authority. The law requires all P3 facilities to be consistent with state, regional, and local comprehensive plans.

No surety bond language.

Fla. Stat. § 287.05712

Summary

The law authorizes counties, municipalities, school boards, or other local governmental entities to enter into P3s for qualifying projects. A “qualifying project” includes facilities or projects serving a public purpose, such as ferry or mass transit facilities, vehicle parking facilities, airport or seaport facilities, rail facilities, oil or gas pipelines, medical facilities, recreational or cultural facilities, educational facilities, or other public facilities.

The law requires that a comprehensive agreement must provide for the delivery of performance and payment bonds, letters of credit, parent company guarantees, or other security acceptable to the public contracting entity in the form and amount satisfactory to the public contracting entity. For the construction components of the project, the bonds must comply with the Little Miller Act.

Excerpt:

“(b) The responsible public entity must:

1. Ensure that provision is made for the private entity’s performance and payment of subcontractors, including, but not limited to, surety bonds, letters of credit, parent company guarantees, and lender and equity partner guarantees. For the components of the qualifying project which involve construction performance and payment, bonds are required and are subject to the recordation, notice, suit limitation, and other requirements of s.255.05.”

Fla. Stat. Ann. § 287.05712

Establishes the Partnership for Public Facilities and Infrastructure Act Guidelines Task Force, which was appointed by the governor and tasked with recommending uniform P3 processes to the legislature. The report was required by 7/31/14. The Department of Management Services provided staff support for the task force.

Fla. HB 1393 (Citation TBD)

Summary

The Water Street Tampa Improvement District in the City of Tampa is authorized to use P3s for the construction and operation of communications systems and related infrastructure for the carriage and distribution of communications services, as well as for providing electrical, sustainable, or green infrastructure improvements, facilities, and services.

Fla. Stat. § 348.0308

Summary

The law authorizes the Tampa-Hillsborough County Expressway Authority and the Central Florida Expressway Authority to enter into P3 agreements.

No surety bond language.

Fla. Stat. § 338.2278

Summary

This transportation bill authorizes $1.3 billion for the Multi-use Corridors of Regional Economic Significance Program and permits the use of P3s for projects funded by the program.

No surety bond language.

Fla. HB 925 (Citation TBD)

Summary

This bill allows Manatee County to enter into P3s for infrastructure development for projects such as housing, transportation, and water treatment facilities.

Fla. Stat. Chapter 2020-197

Summary

The law creates the Deering Park Stewardship District affecting Brevard and Volusia Counties, allowing the District to enter into public-private partnerships to provide electrical, sustainable or green infrastructure improvements, facilities, and services, as well as facilities and improvements for low-impact development or compact communities.

The board may require bidders to furnish a bond with a responsible surety approved by the board.