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What are public-private partnerships?

Public-private partnerships (P3s) are collaborative agreements between government entities and private-sector businesses. These partnerships aim to leverage the expertise and resources of both sectors to achieve public goals more efficiently and effectively. In Florida, public-private sector partnerships often intersect with real estate law, business law, and government relations.

A notable example of a public-private sector partnership in Florida is the Miami Intermodal Center (MIC). This transportation hub, developed through a collaboration between the Florida Department of Transportation (FDOT) and private companies, combines various modes of transportation, including buses, rental cars, and Metrorail. The MIC exemplifies how public-private partnerships can enhance public infrastructure and stimulate economic development in the state.

Need help facilitating opportunities in the public sector? Schedule your consultation today with a top public-private partnership attorney.

Which Florida laws, rules, and regulations apply to public-private partnerships?

Florida Statutes Section 255.065 and Section 334.30 establish the framework for public-private partnerships for public and transportation facilities, respectively. These statutes outline the procedures for soliciting, receiving, and evaluating proposals for P3s and the criteria for selecting private entities.

Additionally, agencies like the Florida Department of Transportation (FDOT) guide public-private partnerships, including this reference guide. Moreover, local governments like Miami-Dade County often provide more specific guidelines for P3s.

Understanding and adhering to these state and local laws, rules, and regulations is crucial for successfully implementing public-private partnerships in Florida.

How do permitting and zoning connect to public-private partnerships?

Permitting and zoning are critical components of public-private partnerships (P3s) in Florida, as they help govern the development and use of land for various infrastructure, facilities, or services-related projects, which often involve construction or land use changes. In addition, the permitting process ensures that these projects comply with relevant building codes, environmental regulations, and safety standards.

On the other hand, Zoning regulates land use, including the types and sizes of buildings allowed, density, and other development-related factors. In Florida, local governments establish zoning regulations, which may vary from one jurisdiction to another. Therefore, understanding zoning laws is crucial for both the public and private sectors in a P3 to ensure the project aligns with local land use regulations and community goals.

When a set of facts is appropriate for facilitating a partnership with the public sector, there are many paths a client may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized public sector advocacy, please contact our office to set up your initial consultation.

How can counsel facilitate permitting and zoning, and what are the associated strategic benefits for businesses in P3s?

  • Research and analysis: Counsel should thoroughly review Florida and federal laws, regulations, and cases related to permitting and zoning to develop a comprehensive understanding of the legal landscape.
  • Project planning: Working closely with the client, counsel should identify potential permitting and zoning requirements and strategize how to address these challenges during the project’s planning stage.
  • Coordination with local authorities: Establishing relationships with local government officials and agencies is essential for efficiently navigating the permitting and zoning process.
  • Permit applications and appeals: Counsel should prepare and submit necessary permit applications and handle any appeals or disputes that may arise during the process.

Strategic benefits of counsel’s involvement include:

  • Risk mitigation: Counsel helps businesses identify and address potential legal issues early in the project, reducing the risk of delays and costly disputes.
  • Efficient processes: By streamlining the permitting and zoning process, counsel can save time and resources for both the public and private sectors.
  • Successful partnerships: Counsel’s expertise can contribute to stronger public-private partnerships, leading to mutually beneficial outcomes.

Please contact our office to set up your initial consultation to see what forms of legal protection and advocacy may be available for your unique situation.

Frequently Asked Questions

  1. What are the main types of permits required for public-private partnerships in Florida?

The specific permits required depend on the nature of the project but may include building permits, environmental permits, and land use permits, among others.

  1. How do zoning regulations impact public-private partnerships in Florida?

Zoning regulations dictate the allowable land uses, density, and development standards for a particular project, which can affect the feasibility and design of a P3.

  1. Can the zoning regulations be modified to accommodate a public-private partnership project?

Local governments may sometimes consider zoning variances, conditional use permits, or rezoning to accommodate a P3 project that aligns with community goals and needs.

Have more questions about how your business can access new opportunities in the public sector?

Crucially, this overview of permitting and zoning does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.

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