HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_8/29/2022Workshop
STAFF
Meeting:
Staff Contact
MEMO
Workshop - Aug 29 2022
Jeremy Allen, Village Manager
Discuss Future Purchase and Financing of Park Land
Department: Manager
At the August 11, 2022 Regular Council meeting a request was made for staff to discuss at a future
workshop a referendum to bond money for use to purchase park land. In addition to the request, staff
was asked to look at additional options for acquiring park land.
Staff has provided options for funding future parks and open space. Also attached in the packet is
some sample ballot language (utilized by Jupiter) if council adopts an ordinance to move forward with
a referendum.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
PROJECT NAME: NA
Proposed:
NA
PROJECTED TOTAL: NA
BUDGET: NA ENCUMBERED: NA
Projected Remaining:
NA
Future Purchase and Financing of Park Land
Jupiter 2019 Ballot Language
TC-Resolution-FT - 85-18 concerning LAND ACQUISITION BOND
AD 01.19.20 Donation Policy Amended 8-11-2022
he 2022 Florida Statutes
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SAMPLE BALLOT - MUESTRA DE BOLETA
Official Ballot
Boleta Oficial
Town of Jupiter- Municipal General Election
Ciudad de Jupiter- Elecci6n General Municipal
March 12, 2019
12 de Marzo de 2019
Palm Beach County, Florida
Condado de Palm Beach, Florida
Instructions: To vote, connect the head and tail of the arrow painting to your choice 4n ---y next to your choice. Use a black or blue per.
If you make a mistake, ask for a new ballot Do not cross out or your vote may not count.
Instruceones: Para votar, conecte la punta y la cola de la Flecha qua senala su eleccion 40�y at lade de su eleccion. Utilice on lapicero
de tinta negro o azul. Si comete on error, pida una boleta nueva. No tache c no se podra contar su veto.
TOWN OF JUPITER, FLORIDA
LAND ACQUISITION PROGRAM
GENERAL OBLIGATION BONDS
Shall the Town of Jupiter issue Bonds not exceeding $20,000,000, at not exceeding the legal rate, maturing not later than twenty years from issuance,
payable from the Town's ad valorem taxes to finance a land acquisition program for environmentally sensitive, waterfront and recreational lands and lands for
open spaces, archeological or historic preservation and traffic mitigation, including costs incidental thereto, as described in Resolution #85-18?
CIUDAD DE JUPITER, FLORIDA
PROGRAMA DE ADCQUISICION DE TERRENOS
BONDS DE OBLIGACON GENERAL
�Debera la coded de Jupiter emitir Berea qua no excedan $20,000,000 a on interes qua no exceda la tasa legal, qua venzan a mas tardar 20 anos despues de su
emision, pagaderos de los impuestos a la propiedad Begun su valor, para financier la adquisicion de terrenos de esparcimiento, terrenos can front e al agua y
terrenos importantes para el medio ambiente y terrenos pare espacios abiertos, preservacion arqueologica o historica y para atenuacion del traficc, que incluye los
costos incidental as de esto, tal come se describe an Is Resolucion 485-189
For Bonds y
A Favor de Bones
Against Bonds
En Contra de Bono, ~
YOUR POLLING LOCATION is listed on your Voter ID Card. You must notify the Elections Office if you move from the address
listed on your Voter ID Card. If you are unsure of the polling location of your new Precinct, call 561-656-6200.
The polls are open from 7:00 A.M. to 7:00 P. M. on Election Day.
SU CENTRO ELECTORAL esta nombrado en su Tarjeta de Identificacion Electoral. Tendra que informar a la Oficina de
Elecciones si se muda de la direccion nombrada en su Tarjeta de Identificacion Electoral. Si no esta seguro del Iugar donde
debe votar en su nuevo distrito electoral, Ilame al 561-656-6200.
LAS URNAS ESTAN ABIERTAS DE LAS 7 AM A LAS 7 PM EL DIA DE LAS ELECCIONES.
CURRENT AND VALID PICTURE AND SIGNATURE ID IS REQUIRED when you go to your polling place to vote. Each elector
is required to present a current and valid Florida Driver's License, a Florida Identification Card, or any other acceptable picture
ID listed under F.S. 101.043.
SE REQUIERE IDENTIFICACION VALIDA Y VIGENTE CON SU FOTOGRAFIA Y FIRMA cuando usted va a los centros de
votacion a emitir su voto. Cada elector debera presentar la licencia de conducir de la Florida, Tarjeta de identificacion de la
Florida valida y vigente o cualquier otra identificacion con foto aceptable bajo la lista del FS 101.043.
I RESOLUTION NO. 85-18
2 A RESOLUTION OF THE TOWN COUNCIL OF THE
3 TOWN OF JUPITER, FLORIDA, IMPLEMENTING A
4 LAND ACQUISITION PROGRAM BY PROVIDING FOR
5 THE ISSUANCE OF GENERAL OBLIGATION BONDS
6 FOR THE PURPOSE OF FINANCING THE
7 ACQUISITION OF ENVIRONMENTALLY SENSITIVE,
8 WATERFRONT AND RECREATIONAL LANDS AND
9 LANDS FOR OPEN SPACES, ARCHEOLOGICAL OR
10 HISTORIC PRESERVATION AND TRAFFIC
11 MITIGATION, AND COSTS INCIDENTAL THERETO,
12 INCLUDING THE COST OF CLEARING EXOTIC
13 VEGETATION AND CREATING PUBLIC ACCESS TO -
14 THE ACQUIRED LANDS, IN A PRINCIPAL AMOUNT
15 NOT TO EXCEED TWENTY MILLION DOLLARS
16 ($20,000,000.00) BEARING INTEREST NOT TO
17 EXCEED THE LEGAL RATE; AND MATURING NO
18 LATER THAN TWENTY YEARS FROM THE DATE OF
19 ISSUANCE; ORDERING A BOND REFERENDUM OF
20 THE QUALIFIED ELECTORS OF THE TOWN OF
21 JUPITER TO BE HELD ON MARCH 12, 2019, TO
22 DETERMINE WHETHER GENERAL OBLIGATION
23 BONDS FOR THE PROJECTS SHOULD BE ISSUED;
24 PROVIDING FOR SEVERABILITY; AND PROVIDING
25 FOR AN EFFECTIVE DATE.
26 WHEREAS, The Florida Constitution, applicable laws of the State of Florida and the
27 Charter of the Town of Jupiter, Florida (the "Charter"), authorize and empower the Town of
28 Jupiter, Florida (the "Town"), to adopt this Resolution; and
29 WHEREAS, the Town Council of the Town of Jupiter, Florida, the governing body of
30 the Town (the "Council"), has determined that it is in the best interest of the Town to
31 implement a land acquisition program by financing the costs of acquiring environmentally
32 sensitive, waterfront and recreational lands, lands for open spaces, archeological or
33 historic preservation and traffic mitigation and costs incidental thereto, including the
34 cost of clearing exotic vegetation and creating public access to the lands acquired
35 (herein referred to as the "Land Acquisition Program"); and
R# 85-18
Page B
1 WHEREAS, the Council hereby finds that the Land Acquisition Program will serve
2 a valid public purpose; and
3 WHEREAS, the Council finds it to be in the best interest of the Town to issue
4 General Obligation Bonds (the "Bonds") in an aggregate principal amount not to exceed
5 Twenty Million Dollars ($20,000,000.00) to finance the costs of the Land Acquisition
6 Program, including all costs incidental thereto and the costs of issuing the Bonds.
7 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
8 TOWN OF JUPITER, FLORIDA, AS FOLLOWS:
9 Section 1. That a bond referendum is hereby ordered to be held in the Town on the
10 12�' day of March, 2019, to determine whether General Obligation Bonds of the Town should
11 be issued in an aggregate principal amount not exceeding Twenty Million Dollars
12 ($20,000,000.00), for the purpose of financing the costs of the Land Acquisition Program,
13 maturing at a time not exceeding twenty (20) years from the date of issuance of the Bonds,
14 bearing interest at a rate not exceeding the legal maximum rate of interest, and payable at
15 such times and in a manner, as shall be determined by subsequent proceedings of the
16 Council. The Bonds will be issued for the purpose of financing the costs of the Land
17 Acquisition Program, including all costs incidental thereto and the costs of issuing the Bonds,
18 and shall be payable from ad valorem taxes levied and collected in the Town (without
19 limitation as to rate or amount) on all taxable property in the Town, and sufficient to pay the
20 principal of, and interest on, the Bonds as the Bonds become due and payable.
21 Section 2. That the Land Acquisition Program is a valid public purpose, and
22 therefore, accordingly, subject to approval of the issuance of the Bonds by the
23 qualified electors of the Town, the financing of the costs of the Land Acquisition
R# 85-98
Page C
1 Program shall be payable from the proceeds of the Bonds and such payment is 'hereby
2 authorized and approved.
3 Section 3. That the Bonds may be issued all at one time, or in part from time to
4 time as the Council may, in its discretion, hereafter determine by subsequent proceedings,
5
R
7
Section 4. That the Bonds shall not be issued to finance the costs of the Land
8 Acquisition Program unless such Bonds authorized for such Land Acquisition Program shall
9 be approved. at the bond referendum by a majority of the qualified electors of the Town and
10 the voting in the election shall be in the manner provided in the Florida Constitution and the
11 laws of the State of Florida.
12 Section 5. That polling locations or places shall be determined by the Supervisor of
13 Elections for Palm Beach County, and all qualified electors of the Town who vote in the
14 election shall vote at the designated polling places. The polls shall be opened on the date
15 of the bond referendum from seven o'clock a.m. until seven o'clock p.m. on the same day,
16 and, in the case of early voting, at such times, on such days prior to the date of said bond
17 referendum and at such polling locations or places as determined by the Supervisor of
18 Elections for Palm Beach County, Florida. Only the duly qualified electors of the Town will
19 be permitted to vote in the bond referendum.
20 Section 6. That the Town Manager shall prepare and give notice of the bond
21 referendum by causing appropriate notice to be published in accordance with the
22 provisions of Section 100.342 of the Florida Statutes, the Charter and other applicable
23 provisions of local law at least twice in The Palm Beach Post, a newspaper of general
24 circulation within the Town, provided the first publication shall take place in the fifth week
25 prior to the week in which the referendum is to be held, and the second publication shall
R# 85-18
Page D
1 take place in the third week prior to the week in which the referendum is to be held. The
2 first publication shall be at least thirty (30) days prior to March 12; 2019. The Town Clerk
3 shall secure from the publisher of the newspaper an appropriate affidavit of proof that the
4 notice has been duly published as herein set forth and said affidavit shall be made a part
5 of the record of the Council.
6 Section 7. That the vote at the bond referendum shall be by such voting
7 device/equipment (the "Device"), as approved by the Florida Department of State pursuant
8 to the Florida Election Code, comprising Chapter 101 of Florida Statutes, and in each
9 polling place there shall be at least one such Device. It shall be the responsibility of the
10 Supervisor of Elections for Palm Beach County to have prepared and furnished to the
11 election inspectors, said Devices in such numbers as are required to carry out the intent of
12 this Resolution, and to have prepared and approved by the proper authorities for use in
13 said Devices such ballots (or mechanical ballot record) as shall be necessary to conduct
14 the referendum to determine whether the qualified electors approve the issuance of Bonds
15 to finance the costs of the Land Acquisition Program, including all costs incidental thereto
16 and the costs of issuance of the Bonds. Ballots in the same general form as hereinafter
17 described shall be available for absentee voting.
18 Section 8. That the ballot to be used in the bond referendum shall be
19 substantially in the following form:
20 BALLOT
21 TOWN OF JUPITER, FLORIDA
22 LAND ACQUISITION PROGRAM
23 GENERAL OBLIGATION BONDS
24 Shall the Town of Jupiter issue Bonds not exceeding
25 $20,000,000, at not exceeding the legal rate, maturing not
26 later than twenty years from issuance, payable from the
27 Town's ad valorem taxes to finance a land acquisition
28 program for environmentally sensitive, waterfront and
R# 85-18
Page E
1 recreational lands and lands for open spaces, archeological
2 or historic preservation and traffic mitigation, including costs
3 incidental, thereto, as described in Resolution #85-18
4 For Bonds:
5 Against Bonds:
6 Section 9. That the returns of the referendum shall be canvassed in the manner
7 provided by law, and the returns shall be certified to the Council, who shall declare the
8 results thereof. Upon canvassing the returns of the referendum, the results of the
9 referendum shall be recorded in the minutes of the Council in the manner prescribed by
10- law.
11 Section 10. That the bond referendum shall in all other respects be held and
12 conducted in the manner provided in and by the laws of the State of Florida and the
13 Charter.
14 Section 11. That in the event that any word, phrase, clause, sentence or
15 paragraph hereof shall be held invalid by any court of competent jurisdiction, such
16 holdings shall not effect any other word, clause, phrase, sentence or paragraph hereof.
17 Section 12. This Resolution shall take effect immediately upon its execution.
18
The foregoing Resolution was offered this. 6t" day of December, 2018 by Councilor Ilan
Kaufer who moved its adoption. The motion was seconded by Councilor Wayne R. Posner
and upon being put to a roll call vote, the vote was as follows:
MAYOR TODD R. WODRASKA
VICE -MAYOR RON DELANEY
COUNCILOR ILAN KAUFER
COUNCILOR JIM KURETSKI
COUNCILOR WAYNE R. POSNER
AYE
X
X
X
X
X
NAY
The Mayor thereupon executed Resolution 85-18 on this day of 018.
ATTEST:
Jim 6�6 1
SALLY k . BOYL P, MMC
TOWN CLERK
(TOWN SEAL)
TOWN OF JUPITER, FLORIDA
BY:
T DD R. WODRASKA
MAYOR
' •• • -•vim• c• ••
legal-
EXHIBIT A
Directive Number:
Effective Date: August 1, 2022
Approved by:
Jn y AlleUill'age, Manager
TITLE: Village of Tequesta Donation Policy
OBJECTIVE:
The purpose of this policy is to establish rules and regulations governing the acceptance,
valuation, and recognition of all types of donations, gifts, and sponsorships from third
parties to support Village governmental activities that serve a public purpose. This policy
is intended to create practices that adequately safeguard public funds, provide for
accountability, and ensure compliance with all federal, state and local laws. This policy
is separate and distinct from the Code of Ethics for Public Officers and Employees, Part
III, Chapter 112, Florida Statutes, as well as the gift policy included in the Palm Beach
County Code of Ethics.
SCOPE/RESPONSIBILITY:
This policy applies to all Village employees, organizations, volunteers and individuals
who receive, authorize, accept, value, or record donations, gifts, or sponsorships on
behalf of The Village.
PROCEDURES:
Definitions
1. Donation or Gift — refers to a contribution made to the Village of Tequesta without
expectation of goods, services, or significant benefit in return. Donations may be
in the form of money or in -kind contributions of products, services, investment
securities, real or personal property or any combination thereof. For purposes of
this policy, the terms "donation" and "gift" shall be synonymous.
2. Donation Agreement- an agreement between the Village and the donor that details
any restrictions on a donation as well as the respective obligations of the donor
and the Village.
1
3. Donor— a person or other legal entity that proposes or provides a donation to the
Village.
4. Endowment — donations that are restricted to the extent that only earnings, and
not principal, may be used for a particular purpose.
5. Fundraising— any activity conducted with the intent of generating donations to the
Village. Fundraising activities may include, but are not limited to, promoting
endowment programs, program adoption or pledge drives, and contacting
individuals, companies, foundations, or other entities with a request for a donation
to the Village.
6. In -Kind — a donation provided in the form of products, goods and/or services that
do not include a monetary exchange.
7. Public Funds - defined as money, funds, and accounts, regardless of the source
from which the funds are derived, that are owned, held, or administered by the
state or any of its political subdivisions. All monies received through donations,
gifts, or sponsorships are considered public funds.
8. Sponsorship — an arrangement in which one party provides money, goods or
services in exchange for access to the commercial marketing potential associated
with the other party's activities.
9. Vendor— any person or entity who has a pending bid proposal, an offer or request
to sell goods or services, sell or lease real or personal property, or who currently
sells goods or services, or sells or leases real or personal property to the Village.
For purposes of this definition a vendor entity includes an owner, director, manager
or employee.
General Policy Statements
1. The Village welcomes donations that enhance Village services, reduce costs that
the Village would incur in the absence of the donation, or that otherwise provide a
benefit to the Village. It is the policy of the Village of Tequesta to consider all
donation requests and decide if accepting such donations is in the best interest of
the community.
2. The Village has no obligation to accept any donation proposed by a donor.
3. All donations shall be in compliance with Chapter 112, Florida Statutes, as well as
Sec. 2-444, Palm Beach County Code of Ethics.
4. The collection of funds or assets associated with donations, gifts or sponsorships
will comply with the Village's cash receipting policies. The expenditure of any
public funds associated with donations, gifts, or sponsorships will also comply with
the Village's purchasing policies.
5. Donations, whether in -kind, cash, or otherwise, shall be complete transfers of
ownership, rights, privileges, and/or title in or to the donated goods or services and
become exclusive property of the Village upon delivery.
6. Donations, gifts, and sponsorships shall not be directed at specific Village
employees, vendors, or brand name goods or services.
7. Donated funds shall not compensate public employees, directly or indirectly.
8. Donations or gifts shall not be accepted that advertise or depict products that are
prohibited by law for sale or use by minors, such as alcohol, tobacco, or other
substances that are known to endanger the health and well-being of minors.
9. Village employees are not permitted to accept personal payments or gratuities in
any form from a vendor or potential vendor as a precondition for purchase of any
product or service.
10. The Village shall comply with all applicable laws and regulations of the Internal
Revenue Service regarding the acceptance of donations. All costs, including initial
installation, labor and materials associated with a donation are the responsibility
of the donor, unless otherwise agreed to by the Village. Some projects may require
an endowment to ensure the longevity of the gift and to assist the Village with
future maintenance.
11.The Village reserves the right to decline donations, gifts, and sponsorships that
are deemed to have not been made with the intent of furtherance of a public
purpose.
12. The making of a donation to the Village will not provide any extra consideration to
the donating or sponsoring party in relation to any Village procurement, any
regulatory activities of the Village, or other Village business. No Village employee
or other Village official is authorized to offer any such extra consideration to a
donating party.
13. In no event shall the Village be held liable for value or tax assertions/claims by the
donor. The donor(s) agree(s) to hold the Village harmless and indemnify the
Village for any and all claims which might arise from any person, entity or
corporation, resulting from the donor's use of the Village property or right-of-way
for installation purposes, or arising from the donor's performance or
improvement/item donated pursuant to this policy.
3
14. The Village does not provide legal, accounting, tax or other such advice to donors.
Each donor is ultimately responsible for ensuring that the donor's proposed
donation meets and furthers the donor's charitable, financial and estate planning
goals. As such, each donor is encouraged to meet with a professional advisor
before making any donation to the Village.
Process
1. Types of Donations: Donations may be received in the form of cash, financial
securities, real or personal property. Donations may be restricted or unrestricted.
2. Who May Accept Donations: Donations of $5,000 or less may be accepted by the
Village Manager. All donations exceeding $5,000 must be brought before the
Village Council for approval and acceptance. All donations other than real property
may be evaluated and accepted by the following persons or bodies ("authorized
person") based on the value and nature of the donation — as follows:
Description of Donation
;Authorized Person
Donations of $5,000 or less
.....----
Village Manager I
Donations reater than $5,000
........ ......... g .. ...... ........................ ._.....
Village Council
Anonymous donations ...................................
Village Council
......... ........ ............................_ ....
3. For Donations greater than $5,000 a memo/letter detailing the intended purpose
for using these funds must be submitted by the donating party to the Village
Manager. As necessary, the Village may develop a review team to consider the
proposal. In certain instances, the appropriate Advisory Board or the Village
Council may be involved in the review process. The following guiding principles
will be considered when evaluating a donation:
• appropriate and safe location for placement, easements, utilities,
existing structures;
• durability, high -quality materials, longevity, conformity with Village's
architectural standards;
• liability, safety;
• future or ongoing maintenance, budget impact;
• future site development plans;
• natural environment;
• accessibility, usefulness; and/or
• overall public acceptance/approval.
4. Depending on the nature of the donation, the Village may request supplemental
information.
5. Before acceptance of a donation valued at more than $5,000, the respective
obligations of the donor and the Village shall be set forth in a donation agreement.
6. The Village Manager may accept or decline any donation in the Village Manager's
sole discretion or may choose to request Village Council consideration of any
donation.
7. Because the Village is prohibited from investing in equities and many debt
securities, donations of publicly traded equity and debt securities will be
immediately sold upon receipt in the Village's designated brokerage account. The
sales proceeds are then transferred from the Village's brokerage account to its
depository bank account.
8. For gifts of property that require an independent qualified appraisal, Internal
Revenue Service regulations require the following to be included in the appraisal:
• Full description of the property.
• The physical condition of any tangible property.
• Date (or expected date) of contribution.
• List how the property will be used by the Village
• Name, address, and taxpayer identification number of the appraiser.
• Qualifications of the qualified appraiser.
• A statement that the appraisal was prepared for income tax
purposes.
• Date (or dates) property was valued.
• The appraised fair market value (one figure, not a range) on the date
(or expected date) of the contribution.
• Method of valuation (income approach, comparable sales or market
data approach, replacement cost less depreciation, etc.)
• The specific basis for the evaluation
• Name, address, taxpayer identification number of the donor
• Manner and date of acquisition and cost basis
• Name, address and tax ID number of donee (Village of Tequesta)
9. For donations of real property, the following information shall be submitted for
consideration to the Village Council through the office of the Village Manager:
a. the appraised value of the donation;
5
b. any expenditure or maintenance obligations for the Village associated with the
donation;
c. whether any encumbrances or liens exist on the real property through the
review of a preliminary title report;
d. potential liabilities associated with the donation, such as hazardous conditions
or environmental concerns; or whether an environmental audit is necessary to
determine whether the property contains any hazardous material or has been
used in a manner prohibited by environmental laws;
e. whether the donation has any special restrictions, and if so, if those restrictions
are acceptable to the Village Council;
f. any recommendations for conditions of acceptance.
10.Once the proposal is reviewed, Village staff will respond to the applicant if the
donation was accepted or with the reasons the donation was rejected.
11.All costs, including initial installation, labor and materials are the responsibility of
the donor unless the Village agrees otherwise. Some projects may require an
endowment to ensure the longevity of the gift and to assist the Village with future
maintenance. In special situations, such as when the donor is allowed to hire a
contractor, a memorandum of understanding or a project agreement may be
required. A contingency fund may also be required to cover necessary change
orders and overruns associated with the project. Remaining contingency funds will
be applied to the endowment fund for future maintenance costs or returned to the
donor pursuant to the pertinent project agreement.
12. Unless specifically agreed to in writing, the Village may, at any future date, elect in
its sole discretion to remove or relocate the donation (donated property). No
permanent right, title, or interest of any kind shall vest in the donor's behalf by
virtue of donation acceptance.
13.AI1 donations will receive appropriate recognition as determined by the Village
Manager or Village Council at the time the donation is accepted.
14. The Village Manager shall prepare a monthly report to the Village Council notifying
the Council of all donations accepted since the previous report, including the form
of the donation, restrictions on its use, its approximate value, and the name of the
donor.
he 2022 Florida Statutes
Title XVIII Chapter 255 View Entire
PUBLIC LANDS AND PUBLIC PROPERTY AND PUBLICLY OWNED Chapter
PROPERTY BUILDINGS
255.065 Public -private partnerships.—
(1) DEFINITIONS. —As used in this section, the term:
(a) "Affected local jurisdiction" means a county, municipality, or special district in which all or
a portion of a qualifying project is located.
(b) "Develop" means to plan, design, finance, lease, acquire, install, construct, or expand.
(c) "Fees" means charges imposed by the private entity of a qualifying project for use of all or
a portion of such qualifying project pursuant to a comprehensive agreement.
(d) "Lease payment" means any form of payment, including a land lease, by a public entity to
the private entity of a qualifying project for the use of the project.
(e) "Material default" means a nonperformance of its duties by the private entity of a
qualifying project which jeopardizes adequate service to the public from the project.
(f) "Operate" means to finance, maintain, improve, equip, modify, or repair.
(g) "Private entity" means any natural person, corporation, general partnership, limited
liability company, limited partnership, joint venture, business trust, public benefit corporation,
nonprofit entity, or other private business entity.
(h) "Proposal" means a plan for a qualifying project with detail beyond a conceptual level for
which terms such as fixing costs, payment schedules, financing, deliverables, and project schedule
are defined.
(i) "Qualifying project" means:
1. A facility or project that serves a public purpose, including, but not limited to, any ferry or
mass transit facility, vehicle parking facility, airport or seaport facility, rail facility or project, fuel
supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or
cultural facility, or educational facility or other building or facility that is used or will be used by a
public educational institution, or any other public facility or infrastructure that is used or will be
used by the public at large or in support of an accepted public purpose or activity;
2. An improvement, including equipment, of a building that will be principally used by a public
entity or the public at large or that supports a service delivery system in the public sector;
3. A water, wastewater, or surface water management facility or other related infrastructure;
or
4. Notwithstanding any provision of this section, for projects that involve a facility owned or
operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those
projects that the governing board designates as qualifying projects pursuant to this section.
(j) "Responsible public entity" means a county, municipality, school district, special district, or
any other political subdivision of the state; a public body corporate and politic; or a regional entity
that serves a public purpose and is authorized to develop or operate a qualifying project.
(k) "Revenues" means the income, earnings, user fees, lease payments, or other service
payments relating to the development or operation of a qualifying project, including, but not
limited to, money received as grants or otherwise from the Federal Government, a public entity, or
an agency or instrumentality thereof in aid of the qualifying project.
(l) "Service contract" means a contract between a responsible public entity and the private
entity which defines the terms of the services to be provided with respect to a qualifying project.
(2) LEGISLATIVE FINDINGS AND INTENT. —The Legislature finds that there is a public need for the
construction or upgrade of facilities that are used predominantly for public purposes and that it is
in the public's interest to provide for the construction or upgrade of such facilities.
(a) The Legislature also finds that:
1. There is a public need for timely and cost-effective acquisition, design, construction,
improvement, renovation, expansion, equipping, maintenance, operation, implementation, or
installation of projects serving a public purpose, including educational facilities, transportation
facilities, water or wastewater management facilities and infrastructure, technology
infrastructure, roads, highways, bridges, and other public infrastructure and government facilities
within the state which serve a public need and purpose, and that such public need may not be
wholly satisfied by existing procurement methods.
2. There are inadequate resources to develop new educational facilities, transportation
facilities, water or wastewater management facilities and infrastructure, technology
infrastructure, roads, highways, bridges, and other public infrastructure and government facilities
for the benefit of residents of this state, and that a public -private partnership has demonstrated
that it can meet the needs by improving the schedule for delivery, lowering the cost, and providing
other benefits to the public.
3. There may be state and federal tax incentives that promote partnerships between public and
private entities to develop and operate qualifying projects.
4. A procurement under this section serves the public purpose of this section if such
procurement facilitates the timely development or operation of a qualifying project.
(b) It is the intent of the Legislature to encourage investment in the state by private entities;
to facilitate various bond financing mechanisms, private capital, and other funding sources for the
development and operation of qualifying projects, including expansion and acceleration of such
financing to meet the public need; and to provide the greatest possible flexibility to public and
private entities contracting for the provision of public services.
(3) PROCUREMENT PROCEDURES. —A responsible public entity may receive unsolicited proposals
or may solicit proposals for a qualifying project and may thereafter enter into a comprehensive
agreement with a private entity, or a consortium of private entities, for the building, upgrading,
operating, ownership, or financing of facilities.
(a)1. The responsible public entity may establish a reasonable application fee for the
submission of an unsolicited proposal under this section.
2. A private entity that submits an unsolicited proposal to a responsible public entity must
concurrently pay an initial application fee, as determined by the responsible public entity.
Payment must be made by cash, cashier's check, or other noncancelable instrument. Personal
checks may not be accepted.
3. If the initial application fee does not cover the responsible public entity's costs to evaluate
the unsolicited proposal, the responsible public entity must request in writing the additional
amounts required. The private entity must pay the requested additional amounts within 30 days
after receipt of the notice. The responsible public entity may stop its review of the unsolicited
proposal if the private entity fails to pay the additional amounts.
4. If the responsible public entity does not evaluate the unsolicited proposal, the responsible
public entity must return the application fee.
5. If the responsible public entity chooses to evaluate an unsolicited proposal involving
architecture, engineering, or landscape architecture, it must ensure a professional review and
evaluation of the design and construction proposed by the initial or subsequent proposers to assure
material quality standards, interior space utilization, budget estimates, design and construction
schedules, and sustainable design and construction standards consistent with public projects. Such
review shall be performed by an architect, a landscape architect, or an engineer licensed in this
state qualified to perform the review, and such professional shall advise the responsible public
entity through completion of the design and construction of the project.
(b) The responsible public entity may request a proposal from private entities for a qualifying
project or, if the responsible public entity receives an unsolicited proposal for a qualifying project
and the responsible public entity intends to enter into a comprehensive agreement for the project
described in the unsolicited proposal, the responsible public entity shall publish notice in the
Florida Administrative Register and a newspaper of general circulation at least once a week for 2
weeks stating that the responsible public entity has received a proposal and will accept other
proposals for the same project. The timeframe within which the responsible public entity may
accept other proposals shall be determined by the responsible public entity on a project -by -project
basis based upon the complexity of the qualifying project and the public benefit to be gained by
allowing a longer or shorter period of time within which other proposals may be received; however,
the timeframe for allowing other proposals must be at least 21 days, but no more than 120 days,
after the initial date of publication. If approved by a majority vote of the responsible public
entity's governing body, the responsible public entity may alter the timeframe for accepting
proposals to more adequately suit the needs of the qualifying project. A copy of the notice must be
mailed to each local government in the affected area.
(c) If the solicited qualifying project provided in paragraph (b) includes design work, the
solicitation must include a design criteria package prepared by an architect, a landscape architect,
or an engineer licensed in this state which is sufficient to allow private entities to prepare a bid or
a response. The design criteria package must specify reasonably specific criteria for the qualifying
project such as the legal description of the site, with survey information; interior space
requirements; material quality standards; schematic layouts and conceptual design criteria for the
qualifying project; cost or budget estimates; design and construction schedules; and site
development and utility requirements. The licensed design professional who prepares the design
criteria package shall be retained to serve the responsible public entity through completion of the
design and construction of the project.
(d) Before approving a comprehensive agreement, the responsible public entity must determine
that the proposed project:
1. Is in the public's best interest.
2. Is for a facility that is owned by the responsible public entity or for a facility for which
ownership will be conveyed to the responsible public entity.
3. Has adequate safeguards in place to ensure that additional costs or service disruptions are
not imposed on the public in the event of material default or cancellation of the comprehensive
agreement by the responsible public entity.
4. Has adequate safeguards in place to ensure that the responsible public entity or private
entity has the opportunity to add capacity to the proposed project or other facilities serving similar
predominantly public purposes.
5. Will be owned by the responsible public entity upon completion, expiration, or termination
of the comprehensive agreement and upon payment of the amounts financed.
(e) Before signing a comprehensive agreement, the responsible public entity must consider a
reasonable finance plan that is consistent with subsection (9); the qualifying project cost; revenues
by source; available financing; major assumptions; internal rate of return on private investments,
if governmental funds are assumed in order to deliver a cost -feasible project; and a total cash -flow
analysis beginning with the implementation of the project and extending for the term of the
comprehensive agreement.
(f) In considering an unsolicited proposal, the responsible public entity may require from the
private entity a technical study prepared by a nationally recognized expert with experience in
preparing analysis for bond rating agencies. In evaluating the technical study, the responsible
public entity may rely upon internal staff reports prepared by personnel familiar with the operation
of similar facilities or the advice of external advisors or consultants who have relevant experience.
(4) PROJECT APPROVAL REQUIREMENTS. —An unsolicited proposal from a private entity for
approval of a qualifying project must be accompanied by the following material and information,
unless waived by the responsible public entity:
(a) A description of the qualifying project, including the conceptual design of the facilities or a
conceptual plan for the provision of services, and a schedule for the initiation and completion of
the qualifying project.
(b) A description of the method by which the private entity proposes to secure the necessary
property interests that are required for the qualifying project.
(c) A description of the private entity's general plans for financing the qualifying project,
including the sources of the private entity's funds and the identity of any dedicated revenue source
or proposed debt or equity investment on behalf of the private entity.
(d) The name and address of a person who may be contacted for additional information
concerning the proposal.
(e) The proposed user fees, lease payments, or other service payments over the term of a
comprehensive agreement, and the methodology for and circumstances that would allow changes
to the user fees, lease payments, and other service payments over time.
(f) Additional material or information that the responsible public entity reasonably requests.
Any pricing or financial terms included in an unsolicited proposal must be specific as to when the
pricing or terms expire.
(5) PROJECT QUALIFICATION AND PROCESS. —
(a) The private entity, or the applicable party or parties of the private entity's team, must
meet the minimum standards contained in the responsible public entity's guidelines for qualifying
professional services and contracts for traditional procurement projects.
(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.
2. Ensure the most efficient pricing of the security package that provides for the performance
and payment of subcontractors.
3. Ensure that the comprehensive agreement addresses termination upon a material default of
the comprehensive agreement.
(c) After the public notification period has expired in the case of an unsolicited proposal, the
responsible public entity shall rank the proposals received in order of preference. In ranking the
proposals, the responsible public entity may consider factors that include, but are not limited to,
professional qualifications, general business terms, innovative design techniques or cost -reduction
terms, and finance plans. The responsible public entity may then begin negotiations for a
comprehensive agreement with the highest -ranked firm. If the responsible public entity is not
satisfied with the results of the negotiations, the responsible public entity may terminate
negotiations with the proposer and negotiate with the second -ranked or subsequent -ranked firms,
in the order consistent with this procedure. If only one proposal is received, the responsible public
entity may negotiate in good faith, and if the responsible public entity is not satisfied with the
results of the negotiations, the responsible public entity may terminate negotiations with the
proposer. Notwithstanding this paragraph, the responsible public entity may reject all proposals at
any point in the process until a contract with the proposer is executed.
(d) The responsible public entity shall perform an independent analysis of the proposed public -
private partnership which demonstrates the cost-effectiveness and overall public benefit before
the procurement process is initiated or before the contract is awarded.
(e) The responsible public entity may approve the development or operation of an educational
facility, a transportation facility, a water or wastewater management facility or related
infrastructure, a technology infrastructure or other public infrastructure, or a government facility
needed by the responsible public entity as a qualifying project, or the design or equipping of a
qualifying project that is developed or operated, if:
1. There is a public need for or benefit derived from a project of the type that the private
entity proposes as the qualifying project.
2. The estimated cost of the qualifying project is reasonable in relation to similar facilities.
3. The private entity's plans will result in the timely acquisition, design, construction,
improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying
project.
(f) The responsible public entity may charge a reasonable fee to cover the costs of processing,
reviewing, and evaluating the request, including, but not limited to, reasonable attorney fees and
fees for financial and technical advisors or consultants and for other necessary advisors or
consultants.
(g) Upon approval of a qualifying project, the responsible public entity shall establish a date for
the commencement of activities related to the qualifying project. The responsible public entity
may extend the commencement date.
(h) Approval of a qualifying project by the responsible public entity is subject to entering into a
comprehensive agreement with the private entity.
(6) INTERIM AGREEMENT. —Before or in connection with the negotiation of a comprehensive
agreement, the responsible public entity may enter into an interim agreement with the private
entity proposing the development or operation of the qualifying project. An interim agreement
does not obligate the responsible public entity to enter into a comprehensive agreement. The
interim agreement is discretionary with the parties and is not required on a qualifying project for
which the parties may proceed directly to a comprehensive agreement without the need for an
interim agreement. An interim agreement must be limited to provisions that:
(a) Authorize the private entity to commence activities for which it may be compensated
related to the proposed qualifying project, including, but not limited to, project planning and
development, design, environmental analysis and mitigation, survey, other activities concerning
any part of the proposed qualifying project, and ascertaining the availability of financing for the
proposed facility or facilities.
(b) Establish the process and timing of the negotiation of the comprehensive agreement.
(c) Contain such other provisions related to an aspect of the development or operation of a
qualifying project that the responsible public entity and the private entity deem appropriate.
(7) COMPREHENSIVE AGREEMENT. —
(a) Before developing or operating the qualifying project, the private entity must enter into a
comprehensive agreement with the responsible public entity. The comprehensive agreement must
provide for:
1. Delivery of performance and payment bonds, letters of credit, or other security acceptable
to the responsible public entity in connection with the development or operation of the qualifying
project in the form and amount satisfactory to the responsible public entity. For the components of
the qualifying project which involve construction, the form and amount of the bonds must comply
with s. 255.05.
2. Review of the design for the qualifying project by the responsible public entity and, if the
design conforms to standards acceptable to the responsible public entity, the approval of the
responsible public entity. This subparagraph does not require the private entity to complete the
design of the qualifying project before the execution of the comprehensive agreement.
3. Inspection of the qualifying project by the responsible public entity to ensure that the
private entity's activities are acceptable to the responsible public entity in accordance with the
comprehensive agreement.
4. Maintenance of a policy of public liability insurance, a copy of which must be filed with the
responsible public entity and accompanied by proofs of coverage, or self-insurance, each in the
form and amount satisfactory to the responsible public entity and reasonably sufficient to ensure
coverage of tort liability to the public and employees and to enable the continued operation of the
qualifying project.
5. Monitoring by the responsible public entity of the maintenance practices to be performed by
the private entity to ensure that the qualifying project is properly maintained.
6. Periodic filing by the private entity of the appropriate financial statements that pertain to
the qualifying project.
7. Procedures that govern the rights and responsibilities of the responsible public entity and the
private entity in the course of the construction and operation of the qualifying project and in the
event of the termination of the comprehensive agreement or a material default by the private
entity. The procedures must include conditions that govern the assumption of the duties and
responsibilities of the private entity by an entity that funded, in whole or part, the qualifying
project or by the responsible public entity, and must provide for the transfer or purchase of
property or other interests of the private entity by the responsible public entity.
8. Fees, lease payments, or service payments. In negotiating user fees, the fees must be the
same for persons using the facility under like conditions and must not materially discourage use of
the qualifying project. The execution of the comprehensive agreement or a subsequent amendment
is conclusive evidence that the fees, lease payments, or service payments provided for in the
comprehensive agreement comply with this section. Fees or lease payments established in the
comprehensive agreement as a source of revenue may be in addition to, or in lieu of, service
payments.
9. Duties of the private entity, including the terms and conditions that the responsible public
entity determines serve the public purpose of this section.
(b) The comprehensive agreement may include:
1. An agreement by the responsible public entity to make grants or loans to the private entity
from amounts received from the federal, state, or local government or an agency or
instrumentality thereof.
2. A provision under which each entity agrees to provide notice of default and cure rights for
the benefit of the other entity, including, but not limited to, a provision regarding unavoidable
delays.
3. A provision that terminates the authority and duties of the private entity under this section
and dedicates the qualifying project to the responsible public entity or, if the qualifying project
was initially dedicated by an affected local jurisdiction, to the affected local jurisdiction for public
use.
(8) FEES. —A comprehensive agreement entered into pursuant to this section may authorize the
private entity to impose fees to members of the public for the use of the facility. The following
provisions apply to the comprehensive agreement:
(a) The responsible public entity may develop new facilities or increase capacity in existing
facilities through a comprehensive agreement with a private entity.
(b) The comprehensive agreement must ensure that the facility is properly operated,
maintained, or improved in accordance with standards set forth in the comprehensive agreement.
(c) The responsible public entity may lease existing fee -for -use facilities through a
comprehensive agreement.
(d) Any revenues must be authorized by and applied in the manner set forth in the
comprehensive agreement.
(e) A negotiated portion of revenues from fee -generating uses may be returned to the
responsible public entity over the life of the comprehensive agreement.
(9) FINANCING. —
(a) A private entity may enter into a private -source financing agreement between financing
sources and the private entity. A financing agreement and any liens on the property or facility must
be paid in full at the applicable closing that transfers ownership or operation of the facility to the
responsible public entity at the conclusion of the term of the comprehensive agreement.
(b) The responsible public entity may lend funds to private entities that construct projects
containing facilities that are approved under this section.
(c) The responsible public entity may use innovative finance techniques associated with a
public -private partnership under this section, including, but not limited to, federal loans as
provided in Titles 23 and 49 C.F.R., commercial bank loans, and hedges against inflation from
commercial banks or other private sources. In addition, the responsible public entity may provide
its own capital or operating budget to support a qualifying project. The budget may be from any
legally permissible funding sources of the responsible public entity, including the proceeds of debt
issuances. A responsible public entity may use the model financing agreement provided in
s. 489.145(6) for its financing of a facility owned by a responsible public entity. A financing
agreement may not require the responsible public entity to indemnify the financing source, subject
the responsible public entity's facility to liens in violation of s. 11.066(5), or secure financing of
the responsible public entity by a mortgage on, or security interest in, the real or tangible personal
property of the responsible public entity in a manner that could result in the loss of the fee
ownership of the property by the responsible public entity, and any such provision is void.
(10) POWERS AND DUTIES OF THE PRIVATE ENTITY. —
(a) The private entity shall:
1. Develop or operate the qualifying project in a manner that is acceptable to the responsible
public entity in accordance with the provisions of the comprehensive agreement.
2. Maintain, or provide by contract for the maintenance or improvement of, the qualifying
project if required by the comprehensive agreement.
3. Cooperate with the responsible public entity in making best efforts to establish
interconnection between the qualifying project and any other facility or infrastructure as
requested by the responsible public entity in accordance with the provisions of the comprehensive
agreement.
4. Comply with the comprehensive agreement and any lease or service contract.
(b) Each private facility that is constructed pursuant to this section must comply with the
requirements of federal, state, and local laws; state, regional, and local comprehensive plans; the
responsible public entity's rules, procedures, and standards for facilities; and such other conditions
that the responsible public entity determines to be in the public's best interest and that are
included in the comprehensive agreement.
(c) The responsible public entity may provide services to the private entity. An agreement for
maintenance and other services entered into pursuant to this section must provide for full
reimbursement for services rendered for qualifying projects.
(d) A private entity of a qualifying project may provide additional services for the qualifying
project to the public or to other private entities if the provision of additional services does not
impair the private entity's ability to meet its commitments to the responsible public entity
pursuant to the comprehensive agreement.
(11) EXPIRATION OR TERMINATION OF AGREEMENTS. —Upon the expiration or termination of a
comprehensive agreement, the responsible public entity may use revenues from the qualifying
project to pay current operation and maintenance costs of the qualifying project. If the private
entity materially defaults under the comprehensive agreement, the compensation that is otherwise
due to the private entity is payable to satisfy all financial obligations to investors and lenders on
the qualifying project in the same way that is provided in the comprehensive agreement or any
other agreement involving the qualifying project, if the costs of operating and maintaining the
qualifying project are paid in the normal course. Revenues in excess of the costs for operation and
maintenance costs may be paid to the investors and lenders to satisfy payment obligations under
their respective agreements. A responsible public entity may terminate with cause and without
prejudice a comprehensive agreement and may exercise any other rights or remedies that may be
available to it in accordance with the provisions of the comprehensive agreement. The full faith
and credit of the responsible public entity may not be pledged to secure the financing of the
private entity. The assumption of the development or operation of the qualifying project does not
obligate the responsible public entity to pay any obligation of the private entity from sources other
than revenues from the qualifying project unless stated otherwise in the comprehensive
agreement.
(12) SOVEREIGN IMMUNITY. —This section does not waive the sovereign immunity of a
responsible public entity, an affected local jurisdiction, or an officer or employee thereof with
respect to participation in, or approval of, any part of a qualifying project or its operation,
including, but not limited to, interconnection of the qualifying project with any other
infrastructure or project. A county or municipality in which a qualifying project is located
possesses sovereign immunity with respect to the project, including, but not limited to, its design,
construction, and operation.
(13) DEPARTMENT OF MANAGEMENT SERVICES. —
(a) A responsible public entity may provide a copy of its comprehensive agreement to the
Department of Management Services. A responsible public entity must redact any confidential or
exempt information from the copy of the comprehensive agreement before providing it to the
Department of Management Services.
(b) The Department of Management Services may accept and maintain copies of comprehensive
agreements received from responsible public entities for the purpose of sharing comprehensive
agreements with other responsible public entities.
(c) This subsection does not require a responsible public entity to provide a copy of its
comprehensive agreement to the Department of Management Services.
(14) CONSTRUCTION. —
(a) This section shall be liberally construed to effectuate the purposes of this section.
(b) This section shall be construed as cumulative and supplemental to any other authority or
power vested in or exercised by the governing body of a county, municipality, special district, or
municipal hospital or health care system including those contained in acts of the Legislature.
(c) This section does not affect any agreement or existing relationship with a supporting
organization involving such governing body or system in effect as of January 1, 2013.
(d) This section provides an alternative method and does not limit a county, municipality,
special district, or other political subdivision of the state in the procurement or operation of a
qualifying project pursuant to other statutory or constitutional authority.
(e) Except as otherwise provided in this section, this section does not amend existing laws by
granting additional powers to, or further restricting, a local governmental entity from regulating
and entering into cooperative arrangements with the private sector for the planning, construction,
or operation of a facility.
(f) This section does not waive any requirement of s. 287.055.
History.—s. 2, ch. 2013-223; s. 1, ch. 2016-153; s. 1, ch. 2016-154; s. 7, ch. 2022-5.
Note. —Former s. 287.05712.
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