The Florida First District Court of Appeal recently decided Crapo v. Provident Group-Continuum Properties, LLC, which sets forth a rule that should result in more favorable property-tax treatment for P3s in Florida. In general, an economic disadvantage facing privately-owned projects, as compared to publicly owned projects, is the imposition of real estate taxes, which are … Continue Reading
Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the majority within 30 days. As we’ve explained in a prior post, a bid protest is a proceeding where a bidder for a government … Continue Reading
Yesterday, the City of Chicago selected two finalists in its procurement process for the planned O’Hare Express, a mass transit system that will connect downtown Chicago to O’Hare International Airport within 20 minutes–substantially faster than either existing mass transit service on the Blue Line or vehicular alternatives. The two finalists are Elon Musk’s firm, The … Continue Reading
A bid protest is a method for a bidder for a government contract to formally challenge the government’s selection process or decision. Bid-protest procedures vary from jurisdiction to jurisdiction, but there is generally an opportunity to submit a written petition that explains why the protestor believes the government made an unfair or unlawful decision, following … Continue Reading
We previously wrote about Miami-Dade County’s proposed new P3 legislation, both when it was initially proposed, and prior to it being considered by the subcommittee of jurisdiction, the Government Operations Committee. Last week, the Board of County Commissioners unanimously approved the new ordinance, which will help the County implement a variety of planned and potential … Continue Reading
In April 2018, President Trump issued an Executive Order calling for stricter enforcement of the federal government’s “Buy American” laws. These laws have been on the books for several decades and generally require that the federal government purchase goods and materials manufactured in the United States, with some laws also applying to certain state and local government … Continue Reading
Legislators at both the state and local level have been busy introducing and considering new legislation that could impact the government procurement process and public/private partnerships. These new provisions will fundamentally affect the way business is done with any governmental entity, from basic discussions about potential P3 projects to the final negotiation of a contract … Continue Reading
As Miami-Dade County continues to take steps towards the launch of a proposed civil courthouse public-private partnership (P3), its representatives have stressed the need to bring the right deal to market, balancing the community’s goals of improved court capacity and accessibility with existing funding challenges. The final project could combine an availability model DBFOM with … Continue Reading
The third annual P3 Hub South conference, hosted by the P3 Bulletin and in partnership with Bilzin Sumberg, is returning to Miami October 16th – 17th. This year’s conference hosts both local and national leaders in the public-private partnership (P3) industry who will participate in interviews, panels, and informal networking discussions. P3 projects related to transit, water, and social programs are among some … Continue Reading
Miami-Dade County, the largest jurisdiction in South Florida, is currently evaluating public-private partnerships (P3s) for several major infrastructure projects. These include multi-billion-dollar upgrades to the County’s water and sewer infrastructure, new transportation infrastructure, and social infrastructure, including a new County courthouse. As we have discussed in previous posts, the P3 model can be used to … Continue Reading
Government agencies at all levels are increasingly turning to public-private partnerships (P3s) for the delivery of new public infrastructure. However, the discussion often focuses exclusively on transportation infrastructure, including roads, bridges, and mass transit. This focus is understandable: throughout the country, government transportation agencies, such as the Florida Department of Transportation, have been on the cutting … Continue Reading
Transportation Secretary Elaine Chao recently informed the U.S. Senate that the President’s $1 trillion infrastructure plan will be announced by the end of the month. The new plan is anticipated to rely upon public-private partnerships (P3s) to bridge the gap between the cost of needed infrastructure and available government dollars. The American Society of Civil Engineers … Continue Reading
Although public-private partnerships (P3s) are frequently associated with physical infrastructure, P3s are inherently flexible and can be utilized for the time and cost-effective delivery of virtually any public good or service, including software and other information technology. The private sector is constantly expanding and improving upon its government technology offerings (examples include recent advances in … Continue Reading
Yesterday, Miami-Dade County hosted Dr. Ben Carson, the Secretary of the United States Department of Housing and Urban Development, at the Liberty Square public-housing development, one of the oldest in the nation. The meeting formally commenced an exciting public-private partnership for the complete redevelopment of Liberty Square. The project will be transformative for the community … Continue Reading
On March 7, the Miami-Dade County Mayor will be presenting a report to the Board of County Commissioners on County-owned properties in downtown Miami that are ripe for joint development with the private sector. The upshot: the County has at least nine properties, totaling 22.7 acres of land, that can support over 20 million square feet … Continue Reading
This past year, the federal government implemented a variety of rules requiring that its contractors meet certain fair-labor requirements. For example, a federal rule finalized in September requires federal contractors to provide their employees with up to 56 hours of paid sick leave, and another new rule, the Fair Pay and Safe Workplaces Rule, permits … Continue Reading
After expediting the solicitation process for the Miami Beach light rail/modern streetcar project, the Miami Beach City Commission hit the brakes last month. In response to concerns voiced by City residents, the Commission adopted a resolution requiring tangible commitments from Miami-Dade County for the downtown-beach transit connection before any public-private partnership (“P3”) for the Miami … Continue Reading
Since the earliest mass-transit systems, it has been understood that the property adjacent to train stations is particularly well-suited for dense mixed-use development. People are willing to pay a premium for the convenience of living near public transportation, and since the goal of mass transit is to efficiently move people from where they live to … Continue Reading
Governor Scott, for the second time, has extended the State of Emergency issued for the Zika Virus. As a result, holders of development orders and building permits have another opportunity to claim a longer extension. The Governor also declared a State of Emergency in advance of Hurricane Matthew. Under Florida Law, that State of Emergency … Continue Reading
Although the public-private partnership (P3) model was used to provide most public infrastructure and services until the early 20th Century, for the past several decades, P3s were few and far between in this country. Recently, three factors have contributed to a renewed interest in the public-private model: (1) aging infrastructure that needs to be replaced; (2) … Continue Reading
At the first presidential debate, Hillary Clinton expressed a desire for the United States to become the “clean energy superpower of the 21st century.” Donald Trump responded that he, too, believes in all forms of energy, but that the U.S. government is limited in what it can finance due to its existing debt. Although the … Continue Reading
Florida was an early pioneer in the United States of the public-private partnership (“P3”) model as a means of funding infrastructure improvements. In South Florida alone, we have the Florida Atlantic University dormitory, the $1.8 billion expansion of I-595, the $663 million Port of Miami tunnel and more recently, the Miami Beach Light Rail, to … Continue Reading
In 2006, the documentary “Who Killed the Electric Car?” hit the theaters. Ten years later, there remains substantial disagreement on the answer to that question, but one truth has emerged: the electric car lives again. As Electric-Vehicles (EV) range steadily increases while both charging times and prices continue to fall, it appears inevitable that an EV will someday … Continue Reading
In an election year, investors pay careful attention to the political environments of jurisdictions that are seeking to develop public private partnerships (“P3” or “PPP”). Investment in pursuing a public infrastructure project could be affected by changing political preferences, thus adding extra risks. As such, investors are sure to invest in states and partner with … Continue Reading
