SUMMARY OF P3 LEGISLATIVE STATUS:
Broadly-enabled for P3s.
Does this state have broadly enabling P3 legislation?
Florida is a broadly-enabled P3 market, including transportation, municipal buildings and environmental facilities.
Does the state allow for unsolicited proposals?
Florida does allow for unsolicited proposals. The state must review documents submitted, ensuring compliance with the 'Sunshine Laws' and any further review of such submissions, including legislative review, but not approval.
What is the P3 contract approval authority?
Agency with jurisdiction.
What is the state's P3 procurement process?
Must conduct sealed bid and selection process for both solicited and unsolicited proposals. Additional and specific processes and protocols are outlined in agency specific procurement guidelines.
Does the state have resources dedicated to P3s?
FDoT for transportation-related projects, generally speaking; but there exists autonomy for P3 procurement within several Florida governmental agencies.
Is this a Home Rule state, with limitations or opportunities for P3?
The exception to the exclusive selection of home rule or Dillon's Rule is the state of Florida, which employs home rule but reserves taxing authority for the state.
Does this state have programmatic requirements for MWDBE participation?
The State’s procurement guidelines and specific solicitation procedures outline mandates for inclusion of local hiring objectives, and minority- or women-owned or disadvantaged business enterprise participation. Compliance with Federal mandates related to DBE participation is required for projects involving Federal funding.
Does this state have programmatic requirements for labor participation?
Each public-private partnership project shall be subject to the prevailing wage requirements associated with funding sources (i.e., Davis-Bacon).
Does this state have programmatic requirements for performance security?
Florida’s P3 statute allows for flexible payment and performance security requirements (e.g., letters of credit, parent company guarantees, etc.), provided that standard bonding requirements apply to all construction work (see F.S., § 255.05).
For what types of financing programs are P3 projects eligible?
Florida state agencies may draw upon financing resources, including TIFIA, PABs, and WIFIA, to provide additional leverage for financial stability of a project procured through a P3 with private capital investment. There also exists an FDoT Finance Corporation, to enable gap financing for district-scale transportation projects, as-needed.
What project types or asset classes are eligible for P3s in this state?
Municipal facilities: Hospital and medical facilities, courthouses, police stations, fire departments, stadiums, local schools, athletic fields, gymnasiums, libraries, local community centers, cultural arts facilities, parking structures, bus stops, trolleys; Transportation: Ferry or mass transit, airport or seaport, rail, fuel supply facilities; Environmental projects: oil & gas pipelines, water, wastewater, service water management facilities; and “any improvement that will be principally used by a public entity or the public at large.
Are there projects where the P3 procurement method has been applied?
Transportation (state roads, bridges, and highways) I-595 Corridor Improvements; I-4 Ultimate; PortMiami Tunnel. County and municipal wastewater facilities. Affordable housing. University facilities.