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Construction Law Authority / Legislation  / Governor Signs Florida’s New P3 Legislation

Governor Signs Florida’s New P3 Legislation

Governor Rick Scott signed HB 85 yesterday, creating Florida’s new Public/Private Partnership Statute.  Senator Miguel Diaz de la Portilla and Representative Greg Steube, the bill sponsors, deserve great recognition for championing this cause through the difficulties of the legislative session.

However, it was all worth it.  As Representative Steube said, "We must use Florida funds wisely but we must be open to new ideas. My legislation ensures that public benefit comes first. Growth and job creation are important to our state’s future. That being said, public and private entities must be accountable for their actions and Floridians will hold projects accountable for the final investment and, more importantly, the results".

 

The new legislation requires the responsible public entity to ensure the quality of the private entity’s performance and safeguard the most efficient pricing.  It addresses the transfer of the private entity’s obligations to the investors or public entity if the project agreement, called a comprehensive agreement, is terminated or a material default occurs. Additionally, the public entity must perform an independent analysis of the proposed public-private partnership to ensure the cost-effectiveness and overall public benefit of the job.

 

Representative Steube said it best when he said "I want to personally thank the Governor for his support of public-private partnerships in Florida. The signing of this bill will create jobs, encourage economic development and provide infrastructure to taxpayers at little or no taxpayer expense."   

 

 

Lee Weintraub

Lee Weintraub

lweintraub@bplegal.com

At age 46, Lee Weintraub was the youngest recipient ever of the Lifetime Achievement Award from the Florida Bar’s Construction Law Committee. Mr. Weintraub is also an adjunct professor of law at Nova Southeastern University Shepard Broad College of Law teaching construction law. Mr. Weintraub has been recognized by Chambers USA – America’s Leading Business Lawyers every year since 2003. Chambers USA noted he focuses on licensing and construction defect litigation, but is particularly renowned for his expertise in the Construction Lien Law. He was also selected in the The Best Lawyers in America© every year from 2006 through 2018.

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