Update on P3 Legislation


This past March I wrote about pending legislation to broaden the use of Public Private Partnerships in the State of Florida. Although waiting until the last day of the legislative session, the Florida House of Representatives and the Florida Senate passed House Bill 85 regarding Public Private Partnerships. As passed, the bill would amend Florida Statutes §§ 255.60 and 348.754 and create new sections at §§ 287.05712 and 336.71. While the bill went through several amendments in its final days before passage, the bill still establishes a task force to create guidelines for P3 creation, expands the use of a P3 to a “facility or project that serves a public purpose” and outlines the procurement process of a P3. In addition, the bill discusses public private cooperation in the construction of county roads and includes public-private partnerships to entities that can contract with a not-for-profit organization or charitable youth organization for public service work. If the bill becomes law, the changes would take effect on July 1, 2013. The full text of the bill can be read by clicking here.

The next step for the bill is consideration by the Governor. Once the bill is presented to the Governor, and since the legislature has adjourned the session, the Governor will have fifteen (15) days to consider the bill. The Governor can either sign the bill into law, allow the bill to become law without signature or veto the bill.

For more information about Public-Private Partnerships or for questions related to Construction law, please contact Sean Sullivan.


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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