The rule amendment will implement the requirements of Section 334.30(1), Florida Statutes.

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-107.0011: Public-Private Transportation Facilities
PURPOSE AND EFFECT: The rule amendment will implement the requirements of Section 334.30(1), Florida Statutes.
SUMMARY: The rule establishes a fee only for unsolicited public-private transportation facility proposals submitted to the Department. The amendment will also eliminate the issuance of refunds.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 337.30 FS.
LAW IMPLEMENTED: 334.30(1) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

14-107.0011 Public-Private Transportation Facilities.

(1) An initial fee of $50,000 payable to the Florida Department of Transportation shall must accompany any unsolicited a public-private transportation facility proposal. Unsolicited pProposals received without the initial fee shall not be accepted.

(2) Payment shall be made by cash, cashier’s check, or any other non-cancelable instrument. Personal checks will not be accepted.

(3) If the initial fee is not sufficient to pay the Department’s costs of evaluating the unsolicited proposal proposals, the Department shall request in writing additional amounts required. The public-private partnership or private entity submitting the unsolicited proposal shall pay the requested additional fee within 30 days. Failure to pay the additional fee shall result in the unsolicited proposal being rejected.

(4) The Department shall refund any fees in excess of the costs of evaluating the proposal after the evaluation is complete.

Rulemaking Specific Authority 334.044(2), 334.30 FS. Law Implemented 334.30(1) FS. History–New 3-13-97, Amended 12-14-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Leon H. Corbett, Financial Project Manager
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 20, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009