STORAGE NAME: h1345a.NRD
DATE: 4/1/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1345
TITLE: Infrastructure and Resiliency
SPONSOR(S): LaMarca
COMPANION BILL: CS/SB 1580 (Rodriguez)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Natural Resources &
Disasters
16 Y, 0 N, As CS
Government Operations
Budget
State Affairs
SUMMARY
Effect of the Bill:
The bill specifies that the Department of Environmental Protection (DEP) has the exclusive authority to execute
coastal resiliency projects through public-private partnerships. Such projects include any projects in the Statewide
Flooding and Sea Level Rise Resilience Plan, public infrastructure repairs and upgrades to seawalls and stormwater
and drainage, and other resiliency measures. The bill specifies that coastal resiliency projects are considered
qualifying projects for purposes of public-private partnerships. The bill authorizes DEP to engage in certain
activities to encourage private sector investments in coastal resiliency projects.
Additionally, the bill requires DEP to publish biennial progress reports for each coastal resiliency project on its
website and to create and maintain an online dashboard with real-time updates on project execution.
Fiscal or Economic Impact:
The bill may have a negative fiscal impact on DEP associated with publishing biennial reports and creating and
maintaining an online dashboard as required by the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Public-private Partnerships
The bill specifies that the Department of Environmental Protection (DEP) has the exclusive authority to execute
coastal resiliency projects through public-private partnerships. Coastal resiliency projects are defined to mean:
The planning, contracting, and execution of a project to address flooding and sea level rise in a coastal or
inland community in the state as part of the Statewide Flooding and Sea Level Rise Resilience Plan;
Public infrastructure repair and upgrades to seawalls and stormwater drainage; and
Resiliency measures designed to withstand extreme weather, mitigate flooding, and prevent coastal
erosion, including;
o Acquisition of at-risk coastal and flood-prone properties;
o Acquisition of properties in areas at high risk of flooding;
o Infrastructure hardening and development of natural barriers;
o Construction of large-scale seawalls, levees, and elevated flood barriers; or
o Expansion or restoration of natural protective systems. (Section 2)
Additionally, the bill defines public-private partnership to mean a coastal resiliency project entered into by DEP
pursuant to statutory procedures and requirements applicable to public-private partnerships.
1 (Section 2)
1
See s. 255.065, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill specifies that a coastal resiliency project is considered a qualifying project for the purposes of public-
private partnerships. (Section 1)
The bill authorizes DEP to encourage investment from the private sector in coastal resiliency projects by doing the
following:
Entering into long-term revenue-sharing agreements.
Providing expedited permitting for construction.
Seeking comments from local governments and the public during project planning and execution and
incorporating actions responsive to such comments into the project.
Engaging in-state vocational schools and apprenticeship programs to train workers in specialized
resiliency construction. (Section 2)
The bill requires DEP to publish biennial progress reports for each coastal resiliency project funded through a
public-private partnership, including project milestones, expenditures, and public benefits, on DEP’s website. DEP
is also required to create and maintain an online dashboard for real-time updates on project execution on its
website. (Section 2)
Effective Date
The effective date of the bill is upon becoming a law. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an insignificant negative fiscal impact on DEP associated with publishing biennial progress
reports for coastal resiliency projects and creating and maintaining an online dashboard as required by the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public-private Partnerships
Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities
2 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects.
3 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public. Several statutes promote and
offer direction for P3 projects, including those for services and facilities related to transportation,
4 housing,
5 and
education.
6
Responsible public entities (RPEs)
7 may engage in P3 projects aimed at developing an extensive array of public-use
facilities or projects that fulfill a public purpose. Examples of qualifying projects
8 include those for mass transit,
2
“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. Section
255.065(1)(g), F.S.
3
Section 255.065(2)(b), F.S.
4
See section 334.30, F.S., relating to public-private transportation facilities.
5
See section 420.0003(2)(b), F.S., relating to state housing strategy.
6
See section 1013.35, F.S., relating to school district educational facilities plans.
7
“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. Section 255.065(1)(j), F.S. “Develop” means to plan, design, finance, lease, acquire, install,
construct, or expand. Section 255.065(1)(b), F.S. “Operate” means to finance, maintain, improve, equip, modify, or repair.
Section 255.065(1)(f), F.S.
8
“Qualifying project” means a facility or project that serves a public purpose; 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; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system, JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such as
courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals.
9
Procurement Procedures
RPEs may receive unsolicited proposals or may solicit proposals for a qualifying P3 project and thereafter enter
into a comprehensive agreement for the building, upgrading, operating, ownership, or financing of facilities.
10 An
unsolicited proposal from a private entity for approval of a qualifying project must be accompanied by the
following materials and information, unless waived by the RPE:
A description of the project and the method proposed by the private entity to secure the necessary
property interests required for the project.
A description of the private entity’s general plans for financing the project.
The name and address of a designated contact person who can provide additional information about the
proposal.
The proposed user fees,
11 lease payments,
12 or other service payments throughout the term of the
comprehensive agreement, along with the methodology for and circumstances allowing adjustments to
these payments over time.
Any additional material or information requested by the RPE.
13
If the RPE intends to execute a comprehensive agreement for a project arising from an unsolicited proposal, the
RPE must publish notice in the Florida Administrative Register and a newspaper of general circulation and mail a
copy of the notice to each local government in the affected area.
14 The notice must be published at least once a
week for two weeks stating the RPE has received a proposal and will accept other proposals for the same project.
15
The RPE may proceed with an unsolicited proposal for a qualifying project without engaging in a public bidding
process if the RPE holds a duly noticed public meeting at which the proposal is presented and affected public
entities and members of the public are able to provide comment and, at a second duly noticed public meeting,
determines that the proposal is in the public’s interest.
16 If the RPE decides to proceed with an unsolicited proposal
without engaging in a public bidding process, the RPE must publish a report in the Florida Administrative Register
for at least seven days that includes:
The public interest determination;
The factors considered in making such public interest determination; and
The RPE’s findings based on each considered factor.
17
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. Section 255.065(1)(i), F.S.
9
“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. Section 255.065(1)(h), F.S.
10
Section 255.065(3), F.S.
11
“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. Section 255.065(1)(c), F.S.
12
“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. Section 255.065(1)(d), F.S.
13
Section 255.065(4), F.S. Any pricing or financial terms included in an unsolicited proposal must be specific as to when the
pricing or terms expire.
14
Section 255.065(3)(b), F.S. “Affected local jurisdiction” means a county, municipality, or special district in which all or a
portion of a qualifying project is located. Section 255.065(1)(a), F.S.
15
Section 255.065(3)(b)1., F.S.
16
Section 255.065(3)(c), F.S.
17
Section 255.065(3)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Project Qualification and Approval
After the public notification period has expired for an unsolicited proposal that is submitted and noticed for public
hearing, the RPE ranks the proposals received in order of preference.
18 The RPE may then begin negotiations for a
comprehensive agreement with the highest-ranked firm.
19
The RPE and the private entity must enter into a comprehensive agreement before developing or operating a
qualifying project.
20 The comprehensive agreement must provide for:
Delivery of performance and payment bonds, letters of credit, or other security related to the project’s
development or operation.
Review of the project design by the RPE. This does not require the private entity to complete the project’s
design before executing the comprehensive agreement.
Inspection of the project by the RPE.
Maintenance of a public liability insurance policy, a copy of which together with proofs of coverage are filed
with the RPE, or satisfactory proof of self-insurance.
Monitoring the maintenance practices of the private entity by the RPE to ensure proper upkeep of the
project.
Periodic filing of financial statements pertaining to the project by the private entity.
Procedures governing the rights and responsibilities of both parties in the event of a termination of the
comprehensive agreement or a material default by the private entity.
User fees, lease payments, or service payments that do not discourage use of the project, as may be
established in the agreement.
Duties of the private entity, including the terms and conditions that the RPE determines serve the public
purpose of the project.
21
Before approving a comprehensive agreement, the RPE must determine that the proposed project:
Is in the public’s best interest.
Is for a facility owned by the RPE or for which ownership will be conveyed to the RPE.
Has adequate safeguards to prevent additional costs or service disruptions for the public in case of material
default
22 or cancellation of the comprehensive agreement by the RPE.
Includes measures to allow the RPE or the private entity to add capacity to the proposed project or other
facilities serving similar predominantly public purposes.
Will be owned by the RPE upon completion, expiration, or termination of the comprehensive agreement
and upon payment of the financed amounts.
23
Statewide Flooding and Sea Level Rise Resilience Plan
By December 1st of each year, the Department of Environmental Protection (DEP) must develop a Statewide
Flooding and Sea Level Rise Resilience Plan with a three-year planning horizon and submit it to the Governor and
Legislature.
24 The plan must consist of ranked projects that address flooding and sea level rise risks for coastal and
inland communities.
25 All eligible projects submitted must be ranked and included in the plan.
26 DEP ranks the
projects using a four-tiered scoring system.
27 Examples of projects include construction of living shorelines,
seawalls, and pump stations; elevation projects; and infrastructure hardening.
28
18
Section 255.065(5)(c), F.S.
19
Id.
20
Section 255.065(7)(a), F.S.
21
Id.
22
“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. Section 255.065(1)(e), F.S.
23
Section 255.065(3)(f), F.S.
24
Section 380.093(5)(a), F.S.
25
Id.
26
Id.
27
Section 380.093(5)(g), F.S.
28
See DEP, Statewide Resilience Plan: Fiscal Year 2024-25, 8-12 (2023), available at
https://floridadep.gov/sites/default/files/2024-2025%20Statewide%20Resilience%20Plan-FINAL_0.pdf. (last visited Mar.
27, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Each plan must include, among other things, a detailed description of the methodology used by DEP to rank
projects, details on the submitted project applications, and total funding requested, including for ineligible
projects.
29 In addition, each plan must include the following information for each recommended project:
A description of the project;
The location of the project;
An estimate of how long the project will take to complete;
An estimate of the cost of the project;
The cost-share percentage available for the project;
A summary of the priority score assigned to the project; and
The project sponsor.
30
Counties, municipalities, special districts, and regional resilience entities may submit a list of proposed projects
that address risks identified in statewide or local vulnerability assessments.
31 Water management districts,
drainage districts, erosion control districts, flood control districts, and regional water supply authorities may also
submit projects that mitigate flooding and sea level rise impacts on water supplies or water resources.
32
Each project must have a 50 percent cost share unless the project assists or is within a community eligible for a
reduced cost share.
33 The annual funding for the plan must be at least $100 million.
34 Multiyear projects must
continue receiving funding until completion if contractual obligations are met and funds remain available.
35
29
Section 380.093(5)(g), F.S.
30
Section 380.093(5)(c), F.S.
31
Section 380.093(5)(d)1., F.S.
32
Section 380.093(5)(d)2., F.S.
33
Section 380.093(5)(e), F.S.; “Community eligible for reduced cost share” means a municipality that has a population of
10,000 or fewer and a per capita annual income that is less than the state’s per capita annual income; a county that has a
population of 50,000 or fewer and a per capita annual income that is less than the state’s per capita annual; or a municipality
or county that has a per capita annual income that is equal to or less than 75 percent of the state’s per capita annual income.
Populations are determined by the most recent April 1 population estimates posed on the Office of Economic and
Demographic Research’s website. The state’s per capita income is based on the most recent release from the Bureau of the
Census of the U.S. Department of Commerce. Id.
34
Section 380.093(5)(h), F.S.
35
Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Natural Resources & Disasters
Subcommittee
16 Y, 0 N, As CS 4/1/2025 Moore Gawin
THE CHANGES ADOPTED BY THE
COMMITTEE:
Removed language establishing a public-private partnership authority
and program to oversee certain public-private partnership projects;
Established DEP as the exclusive authority that oversees public-private
partnerships for coastal resiliency projects;
Specified that coastal resiliency projects are considered qualifying
projects for the purposes of public-private partnerships;
Authorized DEP to engage in certain activities to encourage private
sector investment in coastal resiliency projects; and
Required DEP to publish certain information on its website.
Government Operations
Subcommittee
Budget Committee
State Affairs Committee
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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