Public/Private Transactions (P3)

No longer merely a  trend, local government turning to private investors and developers to meet infrastructure needs is part of the new reality.  Public/private partnerships or “P3s” are an increasingly popular and effective way to build major infrastructure projects expand public services and generate revenue, and we are proud of our role in some of the most substantial and successful projects in Florida and elsewhere. We have a long history of representing both government and corporate clients, and we bring an informed perspective and a strong history of accomplishments in public/private transactions. In short, we help business work well with government.

Firm attorneys, either while at the Firm or while at other law firms, have been instrumental in arranging some of Florida's most high-profile and complex P3 transactions in the past quarter century, including:

  • An agreement between American Airlines and Miami-Dade County for the $1.5 billion construction, renovation and financing of the air carrier's terminal at Miami International Airport.
  • A number of projects involving the Miami Heat basketball team, the City of Miami and Miami-Dade County.
  • The build-out of the consolidated rental car facility at Miami International Airport on behalf of the largest car rental firm in the world.
  • Development of the Lan Chile and "Western U" cargo facilities at MIA on representing its builder and developer.
  • Representation of a proposer on a Florida Department of Transportation solicitation to construct and operate the service plazas on the Florida Turnpike.
  • Representation of a major private parking operator and equipment supplier in making an unsolicited offer to take over and operate the public parking system of a major Florida city.
  • A long term ground lease and operating agreement for development of an on-airport hotel and mixed use business facility at Pensacola Airport.
  • Representation of several large affordable housing developers to develop affordable housing for sale and for rent.
  • Representation of the Florida Department of Transportation (FDOT) in the development of “park and ride” facilities.
  • A 99-year lease between the FDOT and a limited partnership, managed by the Swerdlow Group, for development of the Cypress Creek Park and Ride facility in Broward County.
  • A long-term lease between Miami-Dade County and ownership of the NFL’s Miami Dolphins.
  • A contract between Miami-Dade County and Montenay Power Corp. for construction of one of the world's largest resource recovery plants.
  • A lease between the City of Homestead and the Miami Grand Prix to create and build a world-class motor sports complex.
  • A $10.6 million incentive package offered to bring Cunard Lines and the Queen Elizabeth II cruise ship to Miami-Dade County.

The success of P3 transactions relies heavily on the ability of the private sector partner to achieve its financial goals, while at the same time allowing the public sector partner to satisfy those of the public. We have the strategic vision and experience to recognize the long-term objectives of both sides in such transactions and to recommend courses of action to achieve that delicate balance and bring about mutually-rewarding results.  Few firms are as uniquely qualified as ours to facilitate the sometimes competing public and private concerns at this critical intersection of business and politics.

Some of the most successful projects began as ideas that we helped incubate along with our clients and then presented to the public sector as unsolicited offers. Our local government track record has enabled us to gain a high level of credibility with government officials, stakeholders who can often be instrumental in moving a new proposal forward and gaining the approvals required at each level of government. From there, our real estate, land use, environmental, construction and business lawyers can handle each step of the process from planning to completion and operation and we can help keep the relationship with government strong throughout the life of the project.