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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 follow-up presentations requested by key government decision-makers connect to public-private partnerships?

Follow-up presentations allow government decision-makers to assess competitive P3 proposals further. These presentations offer an opportunity to elaborate on the proposal, address any concerns or questions, and make a persuasive case for the project. Here’s a comprehensive overview of steps to prepare effective follow-up presentations:

  • Understand the Purpose: The first step is to understand why a follow-up presentation is requested. For example, it could provide additional information, address concerns or questions, or present to a new audience. Understanding the purpose will guide the preparation process.
  • Review Feedback: If the reviewing committee provided feedback on the initial proposal, the private entity should carefully review and address it in the presentation. Responding to feedback could involve providing additional data, clarifying points of confusion, or revising aspects of the proposal.
  • Prepare Content: The presentation should clearly and concisely present the key points of the proposal, including an overview of the project, the benefits of the partnership, the financial plan, the risk management plan, and the operational plan.
  • Use Visual Aids: Visual aids can help to make the presentation more engaging and easier to understand and may include diagrams, charts, maps, or other visual elements. The visual aids should be professional, clear, and relevant to the content.
  • Practice the Presentation: The presenters should practice the presentation several times to ensure they are comfortable with the content and flow. Practice can also help to identify any areas that need clarification or improvement.
  • Anticipate Questions: The presenters should anticipate follow-up questions based on their revisions and prepare responses, which may involve reviewing the initial proposal and feedback, understanding the concerns or interests of the reviewing officials, and being ready to provide additional detail or clarification.
  • Prepare Supporting Materials: The private entity might need supporting materials to accompany the presentation, such as additional data or analysis. These materials can provide further detail and allow the audience to review the content at their own pace.

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 follow-up presentations, and what are the associated strategic benefits?

To facilitate follow-up presentations strategically and successfully, counsel should consider the following:

  • Research relevant Florida and federal laws, regulations, and cases to ensure compliance and informed decision-making.
  • Collaborate with the business to develop a comprehensive presentation addressing the concerns and questions of government decision-makers.
  • Prepare the business representatives for potential questions and objections, giving them the knowledge and confidence to respond effectively.
  • Maintain open lines of communication with government officials to address any additional questions or concerns that may arise after the presentation.

Strategic benefits for businesses include:

  • Enhanced credibility and trust with government decision-makers.
  • Increased likelihood of securing public-private partnership opportunities.
  • Greater understanding of the legal and regulatory landscape, helping to minimize potential issues down the line.

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 some examples of public-private partnership projects in Florida?

Public-private partnerships in Florida can encompass various sectors, such as transportation, infrastructure, and environmental projects. Examples include the I-4 Ultimate Project and the Port Miami Tunnel.

  1. Can a public-private partnership be terminated early, and if so, under what circumstances?

Yes, a public-private partnership is terminable early if the terms of the partnership agreement are unmet, if there are significant breaches of contract, or if the partnership no longer serves the public interest. The specific circumstances for the termination will depend on the partnership agreement and relevant laws and regulations.

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

Crucially, this overview of follow-up presentations requested by key government decision-makers 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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