Public-Private Partnership Financing

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 are public-private partnerships financed?

Public and private financing plays a pivotal role in establishing and maintaining public-private partnerships (P3s) in Florida. Public funding may come from local, state, or federal sources, including grants, loans, and tax incentives. On the other hand, private financing involves private investors or companies providing funds in exchange for a share of the project’s revenues or other forms of returns on investment.

Both forms of financing are crucial for these partnerships as they help minimize risk and optimize resource allocation, enabling the successful completion of projects that otherwise might not be feasible.

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.

What are common sources of funding for P3s?

Public-private partnership (PPP) projects attain financing through a combination of public and private funding, including the following:

• Government Funding: This can come from direct contributions from local, state, or federal government entities. The government may provide grants, loans, or other forms of direct investment in the project. Tax incentives or subsidies can also be considered a form of government funding.
• Private Equity: Private companies involved in the partnership may provide equity financing, representing an ownership stake in the project. This financing could come from the companies themselves or outside investors.
• Debt Financing: This includes loans from banks or other financial institutions. The project’s assets or future revenue streams often secure these loans. It could also include bonds issued by the project entity.
• User Fees: Depending on the nature of the project, it may receive financing by fees paid by the end users of the service or facility. For example, a toll road PPP might receive partial financing by tolls paid by drivers.
• Institutional Investors: These investors include pension funds, insurance companies, and other large investment organizations that can provide large amounts of capital for long-term projects.
• Development Finance Institutions (DFIs): These institutions are government-backed entities that finance projects with social or economic development goals. They can provide loans, equity investment, guarantees, or other forms of funding.
• Multilateral Agencies: Organizations like the World Bank, the International Finance Corporation (IFC), and regional development banks can provide funding or guarantees for PPP projects, especially in developing countries.

It’s important to note that the specific mix of funding sources will depend on various factors, including the nature of the project, the risk tolerance of the partners, the regulatory environment, and the financial markets. In any case, a crucial part of developing a successful PPP proposal is creating a viable financial plan that aligns the interests of all partners and ensures the project’s economic sustainability.

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 types of projects are typically involved in public-private partnerships in Florida?

P3s in Florida can encompass many projects, such as infrastructure development, transportation, education, and environmental conservation. These projects aim to address public needs and improve the quality of life for citizens.

2. What are the main risks and challenges associated with public-private partnerships?

Some risks and challenges associated with P3s include potential conflicts of interest, unequal distribution of risks and rewards, and complexities in coordinating efforts between public and private entities. Transparency, effective communication, and active contract management are essential to address these challenges.

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

Crucially, this overview of P3s financing 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.