Bill Text: FL H0741 | 2012 | Regular Session | Introduced

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Bill Title: State-owned or Leased Space

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-09 - Died in Government Operations Subcommittee [H0741 Detail]

Download: Florida-2012-H0741-Introduced.html

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HB 741

1	A bill to be entitled
2	An act relating to state-owned or leased space;
3	amending s. 216.0152, F.S.; revising provisions
4	requiring development, maintenance, and reporting
5	relating to an automated inventory of state-owned or
6	state-occupied facilities and providing procedures,
7	requirements, and departmental responsibilities with
8	respect thereto; amending s. 255.248, F.S.; adding
9	definitions for the terms "managing entity" and
10	"tenant broker"; amending s. 255.249, F.S.;
11	authorizing the Department of Management Services to
12	direct state agencies to occupy space in a state-owned
13	building; authorizing the department to implement
14	renovations of projects in order to efficiently use
15	state-owned buildings; revising the contents of the
16	master leasing report; authorizing state agencies to
17	use the services of a tenant broker to provide certain
18	information to the department; requiring the title
19	entity or managing agency to report any vacant or
20	underutilized space to the department; requiring the
21	department to adopt procedural rules; amending s.
22	255.25, F.S.; reducing the amount of square feet that
23	an agency may lease without department approval;
24	requiring a state agency to use a tenant broker to
25	assist with lease actions; requiring the lessor of
26	certain state-leased space to provide documentation
27	relating to compliance with uniform firesafety
28	standards under certain circumstances; conforming
29	cross-references; amending ss. 110.171 and 985.682,
30	F.S.; conforming cross-references; providing an
31	effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Section 216.0152, Florida Statutes, is amended
36	to read:
37	216.0152  Inventory of state-owned facilities or state-
38	occupied facilities.-
39	(1)  The Department of Management Services and the
40	Department of Environmental Protection shall develop and
41	maintain an automated inventory of all facilities owned, leased,
42	rented, or otherwise occupied or maintained by any agency of the
43	state, the judicial branch, or the water management districts.
44	The inventory data shall be provided by the owning or operating
45	agency and shall include the location, occupying agency,
46	ownership, size, condition assessment, valuations, operating
47	costs, maintenance record, age, parking and employee facilities,
48	building uses, full-time equivalent occupancy, known
49	restrictions or historic designations, leases or subleases,
50	associated revenues, and other information as required in a rule
51	adopted by the Department of Management Services. The Department
52	of Management Services shall use this data for determining
53	maintenance needs, conducting strategic analyses, including, but
54	not limited to, analyzing and identifying candidates for
55	surplus, valuation, and disposition, and life-cycle cost
56	evaluations of the facility. Inventory data shall be provided to
57	the Department of Environmental Protection on or before July 1
58	of each year by the owning or operating agency in a format
59	prescribed by the Department of Environmental Protection and the
60	Department of Management Services. The inventory need not
61	include a condition assessment or maintenance record of
62	facilities not owned by a state agency, the judicial branch, or
63	a water management district. The term "facility," as used in
64	this section, means buildings, structures, and building systems,
65	but does not include transportation facilities of the state
66	transportation system. For reporting purposes, the Department of
67	Transportation shall develop and maintain an inventory of
68	transportation facilities of the state transportation system and
69	provide this inventory to the Department of Environmental
70	Protection and the Department of Management Services by July 1
71	of each year. The Department of Transportation shall also
72	identify and dispose of surplus property pursuant to ss. 337.25
73	and 339.04. The Board of Governors of the State University
74	System and the Department of Education, respectively, shall
75	develop and maintain an inventory, in the manner prescribed by
76	the Department of Management Services, of all state university
77	and community college facilities and shall provide make the data
78	available in a format acceptable to the Department of Management
79	Services by July 1 of each year. By March 15, 2011, the
80	Department Management Services shall adopt rules pursuant to ss.
81	120.536 and 120.54 to administer this section.
82	(2)  For the purpose of assessing needed repairs and
83	renovations of facilities, the Department of Management Services
84	shall update its inventory with condition information for
85	facilities of 3,000 square feet or more and cause to be updated
86	the other inventories required by subsection (1) at least once
87	every 5 years, but the inventories shall record acquisitions of
88	new facilities and significant changes in existing facilities as
89	they occur. The Department of Management Services shall provide
90	each agency and the judicial branch with the most recent
91	inventory applicable to that agency or to the judicial branch.
92	Each agency and the judicial branch shall, in the manner
93	prescribed by the Department of Management Services, report
94	significant changes in the inventory as they occur. Items
95	relating to the condition and life-cycle cost of a facility
96	shall be updated at least every 5 years.
97	(2)(3)  By October 1 of each year, the Department of
98	Management Services and the Department of Environmental
99	Protection shall, every 3 years, publish a complete report
100	detailing the inventory of all state-owned facilities, including
101	inventories of the Board of Governors of the State University
102	System, the Department of Education, and the Department of
103	Transportation. The annual state-owned real property disposition
104	report required under s. 216.0153 shall be included in the
105	report required under this subsection this inventory and shall
106	publish an annual update of the report. The department shall
107	furnish the updated report to the Executive Office of the
108	Governor and the Legislature no later than September 15 of each
109	year.
110	Section 2.  Section 255.248, Florida Statutes, is amended
111	to read:
112	255.248  Definitions; ss. 255.249 and 255.25.-As used in
113	ss. 255.248-255.25 255.249 and 255.25, the term:
114	(1)  "Best leasing value" means the highest overall value
115	to the state based on objective factors that include, but are
116	not limited to, rental rate, renewal rate, operational and
117	maintenance costs, tenant-improvement allowance, location, lease
118	term, condition of facility, landlord responsibility, amenities,
119	and parking.
120	(2)  "Competitive solicitation" means an invitation to bid,
121	a request for proposals, or an invitation to negotiate.
122	(3)  "Department" means the Department of Management
123	Services.
124	(4)  "Managing agency" means an agency that serves as the
125	title entity or leases property from the Board of Trustees of
126	the Internal Improvement Trust Fund for the operation and
127	maintenance of a state-owned office building.
128	(5)(4)  "Privately owned building" means any building not
129	owned by a governmental agency.
130	(6)(5)  "Responsible lessor" means a lessor who has the
131	capability in all respects to fully perform the contract
132	requirements and the integrity and reliability that will assure
133	good faith performance.
134	(7)(6)  "Responsive bid," "responsive proposal," or
135	"responsive reply" means a bid or proposal, or reply submitted
136	by a responsive and responsible lessor, which conforms in all
137	material respects to the solicitation.
138	(8)(7)  "Responsive lessor" means a lessor who that has
139	submitted a bid, proposal, or reply that conforms in all
140	material respects to the solicitation.
141	(9)(8)  "State-owned office building" means any building
142	title to which is vested in the state and which is used by one
143	or more executive agencies predominantly for administrative
144	direction and support functions. The This term excludes:
145	(a)  District or area offices established for field
146	operations where law enforcement, military, inspections, road
147	operations, or tourist welcoming functions are performed.
148	(b)  All educational facilities and institutions under the
149	supervision of the Department of Education.
150	(c)  All custodial facilities and institutions used
151	primarily for the care, custody, or treatment of wards of the
152	state.
153	(d)  Buildings or spaces used for legislative activities.
154	(e)  Buildings purchased or constructed from agricultural
155	or citrus trust funds.
156	(10)  "Tenant broker" means a private real estate broker or
157	brokerage firm licensed to do business in this state and under
158	contract with the department to provide real estate transaction,
159	portfolio management, and strategic planning services for state
160	agencies.
161	Section 3.  Section 255.249, Florida Statutes, is amended
162	to read:
163	255.249  Department of Management Services; responsibility;
164	department rules.-
165	(1)  The department shall have responsibility and authority
166	for the custodial and preventive maintenance, repair, and
167	allocation of space of all buildings in the Florida Facilities
168	Pool and adjacent the grounds located adjacent thereto.
169	(2)  A state agency may not lease space in a private
170	building that is to be constructed for state use unless prior
171	approval of the architectural design and preliminary
172	construction plan is obtained from the department.
173	(3)(2)  The department shall require a any state agency
174	planning to terminate a lease in a privately owned building for
175	the purpose of occupying space in a new state-owned office
176	building, the funds for which are appropriated after June 30,
177	2000, to state why the proposed relocation is in the best
178	interest of the state.
179	(4)(3)(a)  The department shall, to the extent feasible,
180	coordinate the vacation of privately owned leased space with the
181	expiration of the lease on that space and, if when a lease is
182	terminated before expiration of its base term, will make a
183	reasonable effort to place another state agency in the space
184	vacated. A Any state agency may lease the space in any building
185	that was subject to a lease terminated by a state agency for a
186	period of time equal to the remainder of the base term without
187	the requirement of competitive solicitation.
188	(5)  The department may direct state agencies to occupy
189	space in any state-owned office building, including all state-
190	owned space identified within the Florida State-Owned Land
191	Records Information System at the Department of Environmental
192	Protection.
193	(6)  If expressly authorized by the General Appropriations
194	Act and in the best interest of the state, the department may
195	implement renovations or construction of fixed capital outlay
196	projects to efficiently utilize state-owned office buildings.
197	Such use of fixed capital outlay funds apply only to state-owned
198	office buildings, and all expenditures must be reported by the
199	department in the master leasing report identified in subsection
200	(8).
201	(7)(b)  The department shall develop and implement a
202	strategic leasing plan. The strategic leasing plan must shall
203	forecast space needs for all state agencies and identify
204	opportunities for reducing costs through consolidation,
205	relocation, reconfiguration, capital investment, and the
206	building or acquisition of state-owned space.
207	(8)(c)  The department shall annually publish a master
208	leasing report that includes the strategic leasing plan created
209	under subsection (7). The department shall annually submit
210	furnish the master leasing report and plan to the Executive
211	Office of the Governor and the Legislature by October 1. The
212	report must provide September 15 of each year which provides the
213	following information:
214	(a)1.  A list, by agency and by geographic market, of all
215	leases that are due to expire within 24 months.
216	(b)2.  Details of each lease, including location, size,
217	cost per leased square foot, lease-expiration date, and a
218	determination of whether sufficient state-owned office space
219	will be available at the expiration of the lease to accommodate
220	affected employees.
221	(c)3.  A list of amendments and supplements to and waivers
222	of terms and conditions in lease agreements that have been
223	approved pursuant to s. 255.25(2)(a) during the previous 12
224	months and an associated comprehensive analysis, including
225	financial implications, showing that any amendment, supplement,
226	or waiver is in the state's long-term best interest.
227	(d)4.  Financial impacts to the pool rental rate due to the
228	sale, removal, acquisition, or construction of pool facilities.
229	(e)5.  Changes in occupancy rate, maintenance costs, and
230	efficiency costs of leases in the state portfolio. Changes to
231	occupancy costs in leased space by market and changes to space
232	consumption by agency and by market.
233	(f)6.  An analysis of portfolio supply and demand.
234	(g)7.  Cost-benefit analyses of acquisition, build, and
235	consolidation opportunities, recommendations for strategic
236	consolidation, and strategic recommendations for disposition,
237	acquisition, and building.
238	(h)  Recommendations for capital improvement funds to
239	implement state agency consolidation into state-owned office
240	buildings.
241	(i)8.  The updated plan required by s. 255.25(4)(c).
242	(9)(d)  Annually by June 30: of each year,
243	(a)  Each state agency shall annually provide to the
244	department all information regarding agency programs affecting
245	the need for or use of space by that agency, reviews of lease-
246	expiration schedules for each geographic area, active and
247	planned full-time equivalent data, business case analyses
248	related to consolidation plans by an agency, a telecommuting
249	program, and current occupancy and relocation costs, inclusive
250	of furnishings, fixtures and equipment, data, and
251	communications. State agencies may use the services of a tenant
252	broker in preparing this information.
253	(b)  The title entity or managing agency shall report to
254	the department any vacant or underutilized space for all state-
255	owned office buildings and any restrictions that would apply to
256	any other agency occupying the vacant space. It shall also
257	notify the department of any significant changes to its
258	occupancy in the coming fiscal year.
259	(10)(4)  The department shall adopt rules pursuant to
260	chapter 120 providing:
261	(a)  Methods for accomplishing the duties outlined in
262	subsection (1).
263	(b)  Procedures for soliciting and accepting competitive
264	solicitations for leased space of 2,000 5,000 square feet or
265	more in privately owned buildings, for evaluating the proposals
266	received, for exemption from competitive solicitations
267	requirements of any lease the purpose of which is the provision
268	of care and living space for persons or emergency space needs as
269	provided in s. 255.25(10), and for the securing of at least
270	three documented quotes for a lease that is not required to be
271	competitively solicited.
272	(c)  A standard method for determining square footage or
273	any other measurement used as the basis for lease payments or
274	other charges.
275	(d)  Methods of allocating space in both state-owned office
276	buildings and privately owned buildings leased by the state
277	based on use, personnel, and office equipment.
278	(e)1.  Acceptable terms and conditions for inclusion in
279	lease agreements.
280	2.  At a minimum, such terms and conditions must shall
281	include, at a minimum, the following clauses, which may not be
282	amended, supplemented, or waived:
283	1.a.  As provided in s. 255.2502, "The State of Florida's
284	performance and obligation to pay under this contract is
285	contingent upon an annual appropriation by the Legislature."
286	2.b.  "The Lessee has shall have the right to terminate,
287	without penalty, this lease if in the event a State-owned
288	building becomes available to the Lessee for occupancy upon
289	giving 6 months' advance written notice to the Lessor by
290	Certified Mail, Return Receipt Requested."
291	(f)  Maximum rental rates, by geographic areas or by
292	county, for leasing privately owned space.
293	(g)  A standard method for the assessment of rent to state
294	agencies and other authorized occupants of state-owned office
295	space, notwithstanding the source of funds.
296	(h)  For full disclosure of the names and the extent of
297	interest of the owners holding a 4 percent 4-percent or more
298	interest in any privately owned property leased to the state or
299	in the entity holding title to the property, for exemption from
300	such disclosure of any beneficial interest that which is
301	represented by stock in a any corporation registered with the
302	Securities and Exchange Commission or registered pursuant to
303	chapter 517, which stock is for sale to the general public, and
304	for exemption from such disclosure of any leasehold interest in
305	property located outside the territorial boundaries of the
306	United States.
307	(i)  For full disclosure of the names of all public
308	officials, agents, or employees holding any interest in any
309	privately owned property leased to the state or in the entity
310	holding title to the property, and the nature and extent of
311	their interest, for exemption from such disclosure of any
312	beneficial interest that which is represented by stock in any
313	corporation registered with the Securities and Exchange
314	Commission or registered pursuant to chapter 517, which stock is
315	for sale to the general public, and for exemption from such
316	disclosure of any leasehold interest in property located outside
317	the territorial boundaries of the United States.
318	(j)  A method for reporting leases for nominal or no
319	consideration.
320	(k)  For a lease of less than 2,000 5,000 square feet, a
321	method for certification by the agency head or the agency head's
322	designated representative that all criteria for leasing have
323	been fully complied with and for the filing of a copy of such
324	lease and all supporting documents with the department for its
325	review and approval as to technical sufficiency and whether it
326	is in the best interests of the state.
327	(l)  A standardized format for state agency reporting of
328	the information required by paragraph (9)(a) (3)(d).
329	(m)  Procedures for administering this section.
330	(11)(5)  The department shall prepare a form listing all
331	conditions and requirements adopted pursuant to this chapter
332	which must be met by any state agency leasing any building or
333	part thereof. Before executing any lease, this form must shall
334	be certified by the agency head or the agency head's designated
335	representative and submitted to the department.
336	(12)(6)  The department may contract for real estate
337	consulting or tenant brokerage services in order to carry out
338	its duties relating to the strategic leasing plan under
339	subsection (7). The contract must shall be procured pursuant to
340	s. 287.057. The vendor that is awarded the contract shall be
341	compensated by the department, subject to the provisions of the
342	contract, and such compensation is subject to appropriation by
343	the Legislature. The real estate consultant or tenant broker may
344	not receive compensation directly from a lessor for services
345	that are rendered pursuant to the contract. Moneys paid by a
346	lessor to the department under a facility-leasing arrangement
347	are not subject to the charges imposed under s. 215.20.
348	Section 4.  Section 255.25, Florida Statutes, is amended to
349	read:
350	255.25  Approval required before prior to construction or
351	lease of buildings.-
352	(1)(a)  A state agency may not lease space in a private
353	building that is to be constructed for state use unless prior
354	approval of the architectural design and preliminary
355	construction plans is first obtained from the department.
356	(b)  During the term of existing leases, each agency shall
357	consult with the department regarding opportunities for
358	consolidation, use of state-owned space, build-to-suit space,
359	and potential acquisitions; shall monitor market conditions; and
360	shall initiate a competitive solicitation or, if appropriate,
361	lease-renewal negotiations for each lease held in the private
362	sector to effect the best overall lease terms reasonably
363	available to that agency.
364	(b)  Amendments to leases may be permitted to modify any
365	lease provisions or any other terms or conditions, except to the
366	extent specifically prohibited by this chapter. The department
367	shall serve as a mediator in lease-renewal negotiations if the
368	agency and the lessor are unable to reach a compromise within 6
369	months after renegotiation and if either the agency or lessor
370	requests intervention by the department.
371	(c)  If expressly When specifically authorized by the
372	General Appropriations Act, and in accordance with s. 255.2501,
373	if applicable, the department may approve a lease-purchase,
374	sale-leaseback, or tax-exempt leveraged lease contract or other
375	financing technique for the acquisition, renovation, or
376	construction of a state fixed capital outlay project if when it
377	is in the best interest of the state.
378	(2)(a)  Except as provided in s. 255.2501, a state agency
379	may not lease a building or any part thereof unless prior
380	approval of the lease conditions and of the need for the lease
381	therefor is first obtained from the department. An Any approved
382	lease may include an option to purchase or an option to renew
383	the lease, or both, upon such terms and conditions as are
384	established by the department, subject to final approval by the
385	head of the department of Management Services and s. 255.2502.
386	(b)  For the lease of less than 2,000 5,000 square feet of
387	space, a state agency must notify the department at least 30
388	days before the execution of the lease. The department shall
389	review the lease and determine whether suitable space is
390	available in a state-owned or state-leased building located in
391	the same geographic region. If the department determines that
392	space is not available, the department shall determine whether
393	the state agency lease is in the best interests of the state. If
394	the department determines that the execution of the lease is not
395	in the best interests of the state, the department shall notify
396	the agency proposing the lease, the Governor, the President of
397	the Senate, and the Speaker of the House of Representatives and
398	the presiding officers of each house of the Legislature of such
399	finding in writing. A lease that is for a term extending beyond
400	the end of a fiscal year is subject to the provisions of ss.
401	216.311, 255.2502, and 255.2503.
402	(c)  The department shall adopt as a rule uniform leasing
403	procedures by rule for use by each state agency other than the
404	Department of Transportation. Each state agency shall ensure
405	that the leasing practices of that agency are in substantial
406	compliance with the uniform leasing rules adopted under this
407	section and ss. 255.249, 255.2502, and 255.2503.
408	(d)  Notwithstanding paragraph (a) and except as provided
409	in ss. 255.249 and 255.2501, a state agency may not lease a
410	building or any part thereof unless prior approval of the lease
411	terms and conditions and of the need for the lease therefor is
412	first obtained from the department. The department may not
413	approve any term or condition in a lease agreement which has
414	been amended, supplemented, or waived unless a comprehensive
415	analysis, including financial implications, demonstrates that
416	such amendment, supplement, or waiver is in the state's long-
417	term best interest. An Any approved lease may include an option
418	to purchase or an option to renew the lease, or both, upon such
419	terms and conditions as are established by the department
420	subject to final approval by the head of the department of
421	Management Services and the provisions of s. 255.2502.
422	(3)(a)  Except as provided in subsection (10), a state
423	agency may not enter into a lease as lessee for the use of 2,000
424	5,000 square feet or more of space in a privately or government-
425	owned owned building except upon advertisement for and receipt
426	of competitive solicitations.
427	1.a.  An invitation to bid must shall be made available
428	simultaneously to all lessors and must include a detailed
429	description of the space sought; the time and date for the
430	receipt of bids and of the public opening; and all contractual
431	terms and conditions applicable to the procurement, including
432	the criteria to be used in determining acceptability of the bid.
433	If the agency contemplates renewal of the contract, that fact
434	must be stated in the invitation to bid. The bid must include
435	the price for each year for which the contract may be renewed.
436	Evaluation of bids shall include consideration of the total cost
437	for each year as submitted by the lessor. Criteria that were not
438	set forth in the invitation to bid may not be used in
439	determining acceptability of the bid.
440	b.  The contract shall be awarded with reasonable
441	promptness by written notice to the responsible and responsive
442	lessor who that submits the lowest responsive bid. This bid must
443	be determined in writing to meet the requirements and criteria
444	set forth in the invitation to bid.
445	2.a.  If an agency determines in writing that the use of an
446	invitation to bid is not practicable, leased space shall be
447	procured by competitive sealed proposals. A request for
448	proposals shall be made available simultaneously to all lessors
449	and must include a statement of the space sought; the time and
450	date for the receipt of proposals and of the public opening; and
451	all contractual terms and conditions applicable to the
452	procurement, including the criteria, which must include, but
453	need not be limited to, price, to be used in determining
454	acceptability of the proposal. The relative importance of price
455	and other evaluation criteria must shall be indicated. If the
456	agency contemplates renewal of the contract, that fact must be
457	stated in the request for proposals. The proposal must include
458	the price for each year for which the contract may be renewed.
459	Evaluation of proposals must shall include consideration of the
460	total cost for each year as submitted by the lessor.
461	b.  The contract shall be awarded to the responsible and
462	responsive lessor whose proposal is determined in writing to be
463	the most advantageous to the state, taking into consideration
464	the price and the other criteria set forth in the request for
465	proposals. The contract file must contain documentation
466	supporting the basis on which the award is made.
467	3.a.  If the agency determines in writing that the use of
468	an invitation to bid or a request for proposals will not result
469	in the best leasing value to the state, the agency may procure
470	leased space by competitive sealed replies. The agency's written
471	determination must specify reasons that explain why negotiation
472	may be necessary in order for the state to achieve the best
473	leasing value and must be approved in writing by the agency head
474	or his or her designee before prior to the advertisement of an
475	invitation to negotiate. Cost savings related to the agency
476	procurement process are not sufficient justification for using
477	an invitation to negotiate. An invitation to negotiate shall be
478	made available to all lessors simultaneously and must include a
479	statement of the space sought; the time and date for the receipt
480	of replies and of the public opening; and all terms and
481	conditions applicable to the procurement, including the criteria
482	to be used in determining the acceptability of the reply. If the
483	agency contemplates renewal of the contract, that fact must be
484	stated in the invitation to negotiate. The reply must include
485	the price for each year for which the contract may be renewed.
486	b.  The agency shall evaluate and rank responsive replies
487	against all evaluation criteria set forth in the invitation to
488	negotiate and shall select, based on the ranking, one or more
489	lessors with which to commence negotiations. After negotiations
490	are conducted, the agency shall award the contract to the
491	responsible and responsive lessor who that the agency determines
492	will provide the best leasing value to the state. The contract
493	file must contain a short, plain statement that explains the
494	basis for lessor selection and sets forth the lessor's
495	deliverables and price pursuant to the contract, and an
496	explanation of how these deliverables and price provide the best
497	leasing value to the state.
498	(b)  The department of Management Services shall have the
499	authority to approve a lease for 2,000 5,000 square feet or more
500	of space which that covers more than 1 fiscal year, subject to
501	the provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503,
502	if such lease is, in the judgment of the department, in the best
503	interests of the state. In determining best interest, the
504	department shall consider availability of state-owned space and
505	analyses of build-to-suit and acquisition opportunities. This
506	paragraph does not apply to buildings or facilities of any size
507	leased for the purpose of providing care and living space for
508	persons.
509	(c)  The department may approve extensions of an existing
510	lease of 2,000 5,000 square feet or more of space if such
511	extensions are determined to be in the best interests of the
512	state; however, but in no case shall the total of such
513	extensions may not exceed 11 months. If at the end of the 11th
514	month an agency still needs that space, it shall be procured by
515	competitive bid in accordance with s. 255.249(10)(b)
516	255.249(4)(b). However, an agency that determines that it is in
517	its best interest to remain in the space it currently occupies
518	may negotiate a replacement lease with the lessor if an
519	independent comparative market analysis demonstrates that the
520	rates offered are within market rates for the space and the cost
521	of the new lease does not exceed the cost of a comparable lease
522	plus documented moving costs. A present-value analysis and the
523	consumer price index shall be used in the calculation of lease
524	costs. The term of the replacement lease may not exceed the base
525	term of the expiring lease.
526	(d)  Any person who files an action protesting a decision
527	or intended decision pertaining to a competitive solicitation
528	for space to be leased by the agency pursuant to s. 120.57(3)(b)
529	shall post with the state agency at the time of filing the
530	formal written protest a bond payable to the agency in an amount
531	equal to 1 percent of the estimated total rental of the basic
532	lease period or $5,000, whichever is greater, which bond is
533	shall be conditioned on upon the payment of all costs that may
534	be adjudged against him or her in the administrative hearing in
535	which the action is brought and in any subsequent appellate
536	court proceeding. If the agency prevails after completion of the
537	administrative hearing process and any appellate court
538	proceedings, it shall recover all costs and charges, which shall
539	be included in the final order or judgment, excluding attorney
540	attorney's fees. Upon payment of such costs and charges by the
541	person protesting the award, the bond shall be returned to him
542	or her. If the person protesting the award prevails, the bond
543	shall be returned to that person and he or she shall recover
544	from the agency all costs and charges, which must shall be
545	included in the final order of judgment, excluding attorney
546	attorney's fees.
547	(e)  The agency and the lessor, when entering into a lease
548	for 2,000 5,000 or more square feet of a privately owned
549	building, shall, before the effective date of the lease, agree
550	upon and separately state the cost of tenant improvements which
551	may qualify for reimbursement if the lease is terminated before
552	the expiration of its base term. The department shall serve as
553	mediator if the agency and the lessor are unable to agree. The
554	amount agreed upon and stated shall, if appropriated, be
555	amortized over the original base term of the lease on a
556	straight-line basis.
557	(f)  The unamortized portion of tenant improvements, if
558	appropriated, shall be paid in equal monthly installments over
559	the remaining term of the lease. If any portion of the original
560	leased premises is occupied after termination but during the
561	original term by a tenant who that does not require material
562	changes to the premises, the repayment of the cost of tenant
563	improvements applicable to the occupied but unchanged portion
564	shall be abated during occupancy. The portion of the repayment
565	to be abated must shall be based on the ratio of leased space to
566	unleased space.
567	(g)  Notwithstanding s. 287.056(1), a state agency shall
568	may, at the sole discretion of the agency head or his or her
569	designee, use the services of a tenant broker to assist with a
570	lease action a competitive solicitation undertaken by the
571	agency. If using In making its determination whether to use a
572	tenant broker, a state agency shall consult with the department.
573	A state agency may not use the services of a tenant broker
574	unless the tenant broker is under a term contract with the state
575	which complies with paragraph (h). If a state agency uses the
576	services of a tenant broker with respect to a transaction, the
577	agency may not enter into a lease with a any landlord for whom
578	to which the tenant broker is providing brokerage services for
579	that transaction.
580	(h)  The Department of Management Services may, Pursuant to
581	s. 287.042(2)(a), the department shall procure a term contracts
582	contract for tenant broker real estate consulting and brokerage
583	services. A state agency may not purchase services from the
584	contract unless the contract has been procured under s.
585	287.057(1) after March 1, 2007, and contains the following
586	provisions or requirements:
587	1.  Awarded tenant brokers must maintain an office or
588	presence in the market served. In awarding the contract,
589	preference must be given to brokers who that are licensed in
590	this state under chapter 475 and who that have 3 or more years
591	of experience in the market served. The contract may be made
592	with up to three tenant brokers in order to serve the
593	marketplace in the north, central, and south areas of the state.
594	2.  Each contracted tenant broker shall work under the
595	direction, supervision, and authority of the state agency,
596	subject to the rules governing lease procurements.
597	3.  The department shall provide training for the awarded
598	tenant brokers concerning the rules governing the procurement of
599	leases.
600	4.  Tenant brokers must comply with all applicable
601	provisions of s. 475.278.
602	5.  Real estate consultants and tenant brokers shall be
603	compensated by the state agency, subject to the provisions of
604	the term contract, and such compensation is subject to
605	appropriation by the Legislature. A real estate consultant or
606	tenant broker may not receive compensation directly from a
607	lessor for services that are rendered under the term contract.
608	Moneys paid by a lessor to the state agency under a facility
609	leasing arrangement are not subject to the charges imposed under
610	s. 215.20. All terms relating to the compensation of the real
611	estate consultant or tenant broker must shall be specified in
612	the term contract and may not be supplemented or modified by the
613	state agency using the contract.
614	6.  The department shall conduct periodic customer-
615	satisfaction surveys.
616	7.  Each state agency shall report the following
617	information to the department:
618	a.  The number of leases that adhere to the goal of the
619	workspace-management initiative of 180 square feet per full-time
620	employee FTE.
621	b.  The quality of space leased and the adequacy of tenant-
622	improvement funds.
623	c.  The timeliness of lease procurement, measured from the
624	date of the agency's request to the finalization of the lease.
625	d.  Whether cost-benefit analyses were performed before
626	execution of the lease in order to ensure that the lease is in
627	the best interest of the state.
628	e.  The lease costs compared to market rates for similar
629	types and classifications of space according to the official
630	classifications of the Building Owners and Managers Association.
631	(4)(a)  The department may shall not authorize any state
632	agency to enter into a lease agreement for space in a privately
633	owned building if when suitable space is available in a state-
634	owned building located in the same geographic region, except
635	upon presentation to the department of sufficient written
636	justification, acceptable to the department, that a separate
637	space is required in order to fulfill the statutory duties of
638	the agency making the such request. The term "state-owned
639	building" as used in this subsection means any state-owned
640	facility regardless of use or control.
641	(b)  State agencies shall cooperate with local governmental
642	units by using suitable, existing publicly owned facilities,
643	subject to the provisions of ss. 255.2501, 255.2502, and
644	255.2503. Agencies may use utilize unexpended funds appropriated
645	for lease payments to:
646	1.  Pay their proportion of operating costs.
647	2.  Renovate applicable spaces.
648	(c)  Because the state has a substantial financial
649	investment in state-owned buildings, it is legislative policy
650	and intent that if when state-owned buildings meet the needs of
651	state agencies, agencies must fully use such buildings before
652	leasing privately owned buildings. By September 15, 2006, the
653	department of Management Services shall create a 5-year plan for
654	implementing this policy. The department shall update this plan
655	annually, detailing proposed departmental actions to meet the
656	plan's goals, and include shall furnish this plan annually as
657	part of the master leasing report.
658	(5)  Before construction or renovation of any state-owned
659	building or state-leased space is commenced, the department of
660	Management Services shall ascertain, through the by submission
661	of proposed plans to the Division of State Fire Marshal for
662	review, that the proposed construction or renovation plan
663	complies with the uniform firesafety standards required by the
664	division of State Fire Marshal. The review of construction or
665	renovation plans for state-leased space must shall be completed
666	within 10 calendar days after of receipt of the plans by the
667	division of State Fire Marshal. The review of construction or
668	renovation plans for a state-owned building must shall be
669	completed within 30 calendar days after of receipt of the plans
670	by the division of State Fire Marshal. The responsibility for
671	submission and retrieval of the plans may called for in this
672	subsection shall not be imposed on the design architect or
673	engineer, but is shall be the responsibility of the two
674	agencies. If Whenever the Division of State Fire Marshal
675	determines that a construction or renovation plan is not in
676	compliance with such uniform firesafety standards, the division
677	of State Fire Marshal may issue an order to cease all
678	construction or renovation activities until compliance is
679	obtained, except those activities required to achieve such
680	compliance. The lessor shall provide the department with
681	documentation that the facility meets all requirements of
682	department of Management Services shall withhold approval of any
683	proposed lease until the construction or renovation plan
684	complies with the uniform firesafety standards of the Division
685	of State Fire Marshal. The cost of all modifications or
686	renovations made for the purpose of bringing leased property
687	into compliance with the uniform firesafety standards shall be
688	borne by the lessor.
689	(6)  Before construction or substantial improvement of any
690	state-owned building is commenced, the department of Management
691	Services must ascertain that the proposed construction or
692	substantial improvement complies with the flood plain management
693	criteria for mitigation of flood hazards, as prescribed in the
694	October 1, 1986, rules and regulations of the Federal Emergency
695	Management Agency, and the department shall monitor the project
696	to assure compliance with the criteria. In accordance with
697	chapter 120, The department of Management Services shall adopt
698	any rules necessary for ensuring rules to ensure that all such
699	proposed state construction and substantial improvement of state
700	buildings in designated flood-prone areas complies with the
701	flood plain management criteria. If Whenever the department
702	determines that a construction or substantial improvement
703	project is not in compliance with the established flood plain
704	management criteria, the department may issue an order to cease
705	all construction or improvement activities until compliance is
706	obtained, except those activities required to achieve such
707	compliance.
708	(7)  This section does not apply to any lease having a term
709	of less than 120 consecutive days for the purpose of securing
710	the one-time special use of the leased property, or for. This
711	section does not apply to any lease for nominal or no
712	consideration.
713	(8)  An agency may not enter into more than one lease for
714	space in the same privately owned facility or complex within any
715	12-month period except upon competitive solicitation.
716	(9)  Specialized educational facilities, excluding
717	classrooms, are shall be exempt from the competitive bid
718	requirements for leasing pursuant to this section if the
719	executive head of a any state agency certifies in writing that
720	the said facility is available from a single source and that the
721	competitive bid requirements would be detrimental to the state.
722	Such certification must shall include documentation of evidence
723	of steps taken to determine sole-source status.
724	(10)  The department of Management Services may approve
725	emergency acquisition of space without competitive bids if
726	existing state-owned or state-leased space is destroyed or
727	rendered uninhabitable by an act of God, fire, malicious
728	destruction, or structural failure, or by legal action, if the
729	chief administrator of the state agency or the chief
730	administrator's designated representative certifies in writing
731	that no other agency-controlled space is available to meet this
732	emergency need; however, but in no case shall the lease for such
733	space may not exceed 11 months. If the lessor elects not to
734	replace or renovate the destroyed or uninhabitable facility, the
735	agency shall procure the needed space by competitive bid in
736	accordance with s. 255.249(10)(b) 255.249(4)(b). If the lessor
737	elects to replace or renovate the destroyed or uninhabitable
738	facility and the construction or renovations will not be
739	complete at the end of the 11-month lease, the agency may modify
740	the lease to extend it on a month-to-month basis for up to an
741	additional 6 months to allow completion of such construction or
742	renovations.
743	(11)  In any leasing of space which that is accomplished
744	without competition, the individuals taking part in the
745	development or selection of criteria for evaluation, in the
746	evaluation, and in the award processes must shall attest in
747	writing that they are independent of, and have no conflict of
748	interest in, the entities evaluated and selected.
749	Section 5.  Paragraph (m) of subsection (3) of section
750	110.171, Florida Statutes, is amended to read:
751	110.171  State employee telecommuting program.-
752	(3)  By September 30, 2009, each state agency shall
753	identify and maintain a current listing of the job
754	classifications and positions that the agency considers
755	appropriate for telecommuting. Agencies that adopt a state
756	employee telecommuting program must:
757	(m)  Provide measurable financial benefits associated with
758	reduced office space requirements, reductions in energy
759	consumption, and reductions in associated emissions of
760	greenhouse gases resulting from telecommuting. State agencies
761	operating in office space owned or managed by the department
762	shall consult the facilities program to ensure its consistency
763	with the strategic leasing plan required under s. 255.249(7)
764	255.249(3)(b).
765	Section 6.  Paragraph (b) of subsection (15) of section
766	985.682, Florida Statutes, is amended to read:
767	985.682  Siting of facilities; study; criteria.-
768	(15)
769	(b)  Notwithstanding ss. 255.25(1)(a) 255.25(1)(b) and
770	255.25001(2), the department may enter into lease-purchase
771	agreements to provide juvenile justice facilities for the
772	housing of committed youths contingent upon available funds. The
773	facilities provided through such agreements must shall meet the
774	program plan and specifications of the department. The
775	department may enter into such lease agreements with private
776	corporations and other governmental entities. However,
777	notwithstanding the provisions of s. 255.25(3)(a), a no such
778	lease agreement may not be entered into except upon
779	advertisement for the receipt of competitive bids and award to
780	the lowest and best bidder except when contracting with other
781	governmental entities.
782	Section 7.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.