Public Private Partnership Guidelines Task Force Update Presented By George M. Burgess

Purpose “…recommending guidelines for the Legislature to consider for purposes of creating a uniform process for establishing public-private partner- ships, including the types of factors responsible public entities should review and consider when processing requests for public-private partnership projects…”

Membership Seven Members:  Secretary of Management Services, Chair  Six Gubernatorial Appointments: –One county gov’t. official –One Municipal gov’t. official –One district school board member –Three representatives from the private sector

Meetings  Task Force must have first meeting by August 31, 2013  All meetings held in Tallahassee other than two meetings that can be held elsewhere to take public testimony  First meeting held on August 28, 2013  Next meeting is October 24, 2013 – all day session

Key Dates  Task Force must submit a final report of recommendations to the Governor, Senate President and House Speaker by July 1, 2014  Task Force terminated December 31, 2014

Eight topical areas must be considered by the Task Force when developing recommended guidelines. Topical Areas

Topical Area #1: Solicited and Unsolicited Proposals Opportunities for competition through public notice and the availability of representatives of the responsible public entity to meet with private entities considering a proposal.

Topical Area #2: Selection Criteria Reasonable criteria for choosing among competing proposals.

Topical Area #3: Process Timelines Suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement.

Topical Area #4: Priority Exceptions If an accelerated selection and review and documentation timelines should be considered for proposals involving a qualifying project that the responsible public entity deems a priority.

Topical Area #5: Financial Review Procedures for financial review and analysis which, at a minimum, include a cost-benefit analysis, an assessment of opportunity cost, and consideration of the results of all studies and analyses related to the proposed qualifying project.

Topical Area #6: Specifications and Proposals The adequacy of the information released when seeking competing proposals and providing for the enhancement of that information, if deemed necessary, to encourage competition.

Topical Area #7: Public Records & Meeting Exemptions Current exemptions from public records and public meetings requirements, if any changes to those exemptions are necessary, or if any new exemptions should be created in order to maintain the confidentiality of financial and proprietary information received as part of an unsolicited proposal.

Topical Area #8: Third Party Review Recommendations regarding the authority of the responsible public entity to engage the services of qualified professionals, which may include a Florida- registered professional or a certified public accountant, not otherwise employed by the responsible public entity, to provide an independent analysis regarding the specifics, advantages, disadvantages, and long-term and short-term costs of a request by a private entity for approval of a qualifying project, unless the governing body of the public entity determines that such analysis should be performed by employees of the public entity.

Public Private Partnership Guidelines Task Force Update Presented By George M. Burgess