The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 870
INTRODUCER: Governmental Oversight and Accountability Committee and Senator Boyd
SUBJECT: Unsolicited Proposals for Public-private Partnerships
DATE: February 20, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McVaney GO Fav/CS
2. Hackett Ryon CA Favorable
3. Harmsen Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 870 amends s. 255.065, F.S., to provide an alternative process by which local
governments and other political subdivisions of the state may enter into a public-private
partnership for a project offered by a private entity’s unsolicited proposal. The bill allows the
governmental entity to hold public meetings at which the unsolicited proposal is presented for
public comment. At a subsequent public meeting, the governmental entity must present its
determination whether the unsolicited proposal is in the public’s interest, based on the:
 Benefits to the public.
 Financial structure of and any economic efficiencies that are achieved by the proposal.
 Submitting private entity’s qualifications and experience, and ability to perform the project.
 Project’s compatibility with regional infrastructure plans.
 Public comments submitted at the meeting.
The determination must also explain why the proposal should proceed and address any public
comments.
The government’s determination of public interest must be published in the Florida
Administrative Register for at least 7 days.
The bill continues to allow a governmental entity to proceed with competitive procurement in
response to its receipt of an unsolicited proposal as currently provided in s. 255.065, F.S., should
it choose that process instead of the public meeting process provided in the bill.
BILL: CS/SB 870 Page 2
This bill will have an indeterminate fiscal impact on local governments and other political
subdivisions of the state that use a public meeting to negotiate a contract pursuant to its receipt of
an unsolicited proposal.
The bill takes effect July 1, 2024.
II. Present Situation:
Procurement of Personal Property and Services
Chapter 287, F.S., regulates state agency1 procurement of personal property and services. The
Department of Management Services (department) is responsible for overseeing state purchasing
activity including professional and contractual services as well as commodities needed to support
agency activities.2 The Division of State Purchasing in the department establishes statewide
purchasing rules and negotiates contracts and purchasing agreements that are intended to
leverage the state’s buying power.3
Current law requires contracts for commodities or contractual services in excess of $35,000 to be
procured utilizing a competitive solicitation process.4,5 These competitive procurement
provisions apply to an agency, defined as “any of the various state officers, departments, board
commissions, divisions, bureaus, and councils and any other unit of organization, however
designated, of the executive boards of state government.6 This definition does not include
municipalities and local governments; and university and college boards of trustees, and the state
universities and colleges are specifically excluded from this definition.7
State agencies may use a variety of procurement methods, depending on the cost and
characteristics of the needed good or service, the complexity of the procurement, and the number
of available vendors. These methods include the following:
 Single source contracts,8 used when an agency determines that only one vendor is available
to provide a commodity or service at the time of purchase;
 Invitations to bid,9 used when an agency determines that standard services or goods will meet
needs, wide competition is available and the vendor’s experience will not greatly influence
the agency’s results;
1
As defined in s. 287.012(1), F.S., “agency” means any of the various state officers, departments, boards, commissions,
divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state
government. “Agency” does not include the university and college boards of trustees or the state universities and colleges.
2
See ss. 287.032 and 287.042, F.S.
3
Chapter 287, F.S., provides requirements for the procurement of personal property and services. Part I of that chapter
pertains to commodities, insurance, and contractual services, and part II pertains to means of transport.
4
Section 287.057(1), F.S., requires all projects that exceed the Category Two ($35,000) threshold provided in s. 287.017,
F.S., to be competitively bid.
5
As defined in s. 287.012(6), F.S., “competitive solicitation” means the process of requesting and receiving two or more
sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process,
regardless of the method of procurement.
6
Section 287.012(1), F.S.
7
Id.
8
Section 287.057(3)(c), F.S.
9
Section 287.057(1)(a), F.S.
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 Requests for proposals,10 used when the procurement requirements allow for consideration of
various solutions and the agency believes more than two or three vendors exist who can
provide the required goods or services; and
 Invitations to negotiate,11 used when negotiations are determined to be necessary to obtain
the best value and involve a request for highly complex, customized, mission-critical
services, by an agency dealing with a limited number of vendors.
The Consultants’ Competitive Negotiation Act
In 1973, the Florida Legislature enacted the Consultant’s Competitive Negotiation Act
(CCNA),12 s. 287.055, F.S., which requires state and local government agencies to procure the
professional services of an architect, engineer, landscape architect, or registered surveyor and
mapper using a qualifications-based selection process. The qualifications-based selection
requires the selection of providers on the basis of their competency, qualifications, and
experience, rather than lowest-price.13
The CCNA requires that state agencies publicly announce, in a consistent and uniform manner,
each occasion when professional services must be purchased for one of the following:
 A project, when the basic construction cost is estimated to exceed $4 million.
 A planning or study activity, when the fee for professional services exceeds $500,000.
The CCNA provides a two-phase selection process.14 In the first phase, the “competitive
selection,” the agency evaluates the qualifications and past performance of no fewer than three
bidders. The agency selects the three bidders, ranked in order of preference, that it considers
most highly qualified to perform the required services. The CCNA requires consideration of
several factors in determining the three most highly qualified bidders including: willingness to
meet time and budget requirements; past performance; location; recent, current, and projected
firm workloads; volume of work previously awarded to the firm; and whether the firm is
certified as a minority business.15
During the second phase, competitive negotiation, the agency negotiates compensation to be paid
under the contract with the highest qualified of at least three selected firms.16 Should the agency
be unable to negotiate a satisfactory contract with the top firm at a price the agency determines to
be fair, competitive, and reasonable, the agency may progress to negotiations with the second
most qualified firm, and if this fails,17 with the third.18 If the agency cannot negotiate a
satisfactory contract with any of the ranked firms, it must begin the qualifications-based selection
process again and continue negotiations until an agreement is reached.19
10
Section 287.057(1)(b), F.S.
11
Section 287.057(1)(c), F.S.
12
Ch. 73-19, Laws of Fla., codified as s. 287.055, F.S.
13
Section 287.055(3)-(5), F.S.
14
Section 287.055(4) and (5), F.S.
15
See s. 287.055(4)(b), F.S.
16
Section 287.055(5)(a), F.S.
17
Section 287.055(5)(b), F.S.
18
Id.
19
Section 287.055(5)(c), F.S.
BILL: CS/SB 870 Page 4
Procurement of Construction Services
Chapter 255, F.S., regulates construction services20 for public property and publically owned
buildings. The Department of Management Services is responsible for establishing, through
administrative rules, the following:
 Procedures for determining the qualifications and responsibility of potential bidders prior to
advertisement for and receipt of bids for building construction contracts;
 Procedures for awarding each state agency construction project to the lowest qualified
bidder;
 Procedures to govern negotiations for construction contracts and modifications thereto when
such negotiations are determined by the secretary of the department to be in the best interest
of the state; and
 Procedures for entering into performance-based contracts for the development of public
facilities when the department determines the use of such contracts to be in the best interest
of the state.21
State contracts for construction projects that are projected to cost in excess of $200,000 must be
competitively bid.22 In addition, such projects must be advertised in the Florida Administrative
Register at least 21 days prior to the bid opening.23,24 Counties, municipalities, special districts,25
or other political subdivisions seeking to construct or improve a public building must
competitively bid the project if the projected cost is in excess of $300,000.26
Public-private Partnerships – Section 255.065, F.S.
Public-private partnerships (P3s) are contractual agreements formed between public entities and
private sector entities that allow for greater private sector participation in the delivery and
financing of public building and infrastructure projects. Numerous Florida Statutes encourage
and provide guidance for P3 projects including those for services and facilities specific to
transportation,27 housing,28 and education29.
20
As defined in s. 255.072(2), F.S., “construction services” means all labor, services, and materials provided in connection
with the construction, alteration, repair, demolition, reconstruction, or any other improvements to real property. The term
“construction services” does not include contracts or work performed for the Department of Transportation.
21
Section 255.29, F.S.
22
See 60D-5.0073, F.A.C.; see also s. 255.0525, F.S.
23
Section 255.0525(1), F.S.
24
State construction projects that are projected to exceed $500,000 are required to be published 30 days prior to bid opening
in the Florida Administrative Register, and at least once in a newspaper of general circulation in the county where the project
is located. See s. 255.0525(1), F.S.
25
As defined in s. 189.012(6), F.S., “special district” means a local unit of special purpose, as opposed to general-purpose,
government within a limited boundary, created by general law, special act, local ordinance, or by rule of the Governor and
Cabinet. The term does not include a school district, a community college district, a special improvement district created
pursuant to s. 285.17, F.S., a municipal service taxing or benefit unit as specified in s. 125.01, F.S., or a board which provides
electrical service and which is a political subdivision of a municipality or is part of a municipality.
26
See s. 255.20(1), F.S.
27
See s. 334.30, F.S., on public-private transportation facilities.
28
See s. 420.0003(2)(b), F.S., on the state housing strategy.
29
See s. 1013.35(2)(a)6., F.S., on school district educational facilities plans.
BILL: CS/SB 870 Page 5
Chapter 2013-223, L.O.F., created the Partnership for Public Facilities and Infrastructure Act
Guidelines Task Force to study the P3 process and make recommendations for the Legislature’s
consideration for purposes of creating a uniform process for establishing public-private
partnerships.30 Chapters 2016-153 and 2016-154, L.O.F., utilized the task force analysis to create
the current provisions of s. 255.065, F.S.
Section 255.065, F.S., grants responsible public entities (RPEs) (e.g., counties, municipalities,
school districts and special districts)31 the authority to engage in P3 projects for the development
of a wide range of public-use facilities or projects that serve a public purpose. Examples of
qualifying projects include those for mass transit, vehicle parking, airports or seaports,
educational facilities and courthouse or city hall public sector buildings or complexes.32 The P3
law establishes requirements to which RPEs must adhere, including procedures for reviewing
and approving proposals.
The selection process permitted by s. 255.065, F.S., contemplates the following four-step process
with the goal of the timely development or operation of a qualifying project:
 Submission of an unsolicited proposal and general screening;
 Procurement of additional proposals;
 Determination of qualifications; and
 Approval and negotiation of a comprehensive agreement between the parties.
Submission of an Unsolicited Proposal
A RPE can receive unsolicited proposals for a qualifying P3. Unless waived by the RPE, the
unsolicited proposal must include the following:33
 A description of the qualifying project, including a conceptual facilities design or conceptual
services plan;
 The project’s schedule, including the proposed start and completion dates;
 A description of how the private entity will secure the required property interests;
 Project financing details, including the sources of the proposing private entity’s funds’ and
the identity of any dedicated revenue source or proposed debt or equity investment on the
private entity’s behalf;
 Contact information for the individual who can be contacted for additional information
regarding the proposal;
 What user fees, lease payments, or other service payments are expected over the term of any
resulting contract, and terms that would allow for amendment of these fees; and
 Additional material or information reasonable requested by the RPE.
30
The task force held 10 meetings to study the law, understand how governmental entities around the world have
implemented public-private partnerships, and to hear from interested parties and stakeholders. The Task Force’s Final
Recommendations can be found here: Partnership for Public Facilities and Infrastructure Act Guidelines Task Force, Final
Report and Recommendations (Jul. 1, 2014), https://dms-
media.ccplatform.net/content/download/104626/592850/Final_Report_and_Recommendations_Partnership_for_Public_Facil
ities_and_Infrastructure_Act_Guidelines_Task_Force.pdf (last visited Jan. 22, 2024).
31
Section 255.065(1)(j), F.S., defines “responsible public entity” to mean 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.
32
See s. 255.065(1)(i)1.-4., F.S.
33
Section 255.065(4), F.S.
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Additionally, the private entity must meet the minimum standards otherwise required by the
RPE’s guidelines for qualifying professional services and contracts for their traditionally
procured projects.34
Procurement of Additional Proposals35
The RPE is not required to entertain the unsolicited proposal, but if it chooses to do so, then it
must solicit other proposals by publication of a notice in the Florida Administrative Register
(FAR) and a newspaper of general circulation at least once a week for two weeks stating that the
RPE has received a proposal and will accept other proposals for the same project. The RPE must
also mail a copy of the notice to each local governmen