Bill Text: FL S1074 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State-owned or State-leased Space
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1145 (Ch. 2013-152) [S1074 Detail]
Download: Florida-2013-S1074-Comm_Sub.html
Bill Title: State-owned or State-leased Space
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 1145 (Ch. 2013-152) [S1074 Detail]
Download: Florida-2013-S1074-Comm_Sub.html
Florida Senate - 2013 CS for SB 1074
By the Committee on Environmental Preservation and Conservation;
and Senator Hays
592-03472-13 20131074c1
1 A bill to be entitled
2 An act relating to state-owned or state-leased space;
3 amending s. 216.0152, F.S.; revising provisions
4 relating to the update of an inventory of certain
5 facilities needing repairs or innovation maintained by
6 the Department of Management Services; revising
7 provisions relating to a report detailing an inventory
8 of state-owned facilities; requiring specified
9 entities to submit an inventory of underused property;
10 requiring the department to adopt rules; amending s.
11 216.043, F.S.; requiring state agencies to explain why
12 available underused property is not sufficient to meet
13 their needs when requesting fixed capital outlay
14 projects; amending s. 253.031, F.S.; clarifying that
15 deeds may be signed by agents of the Board of Trustees
16 of the Internal Improvement Trust Fund; amending s.
17 253.034, F.S.; revising provisions relating to
18 decisions by the board to surplus lands; revising the
19 valuation of lands that are subject to certain
20 requirements; requiring state entities to submit a
21 business plan if a building or parcel is offered for
22 use to the entity; amending s. 255.248, F.S.; defining
23 the terms “managing agency” and “tenant broker”;
24 amending s. 255.249, F.S.; revising the
25 responsibilities of the Department of Management
26 Services with respect to state-owned buildings;
27 prohibiting a state agency from leasing space in a
28 private building under certain circumstances;
29 requiring an agency to notify the department of an
30 early termination of a lease within a certain
31 timeframe; authorizing the department to direct state
32 agencies to occupy space in a state-owned building;
33 authorizing the department to implement renovations in
34 order to more efficiently use state-owned buildings;
35 revising the contents of the master leasing report;
36 authorizing state agencies to use the services of a
37 tenant broker to provide certain information to the
38 department; requiring the title entity or managing
39 agency to report any vacant or underutilized space to
40 the department; authorizing the department to adopt
41 additional rules; amending s. 255.25, F.S.; reducing
42 the amount of square feet which an agency may lease
43 without department approval; deleting an exemption
44 that allows an agency to negotiate a replacement lease
45 under certain circumstances; requiring a state agency
46 to use a tenant broker to assist with lease actions;
47 amending s. 255.252, F.S.; specifying that a vendor
48 for certain energy efficiency contracts must be
49 selected in accordance with state procurement
50 requirements; amending s. 255.254, F.S.; revising
51 provisions relating to requirements for energy
52 performance analysis for certain buildings; amending
53 s. 255.257, F.S.; requiring all state-owned facilities
54 to report energy consumption and cost data; creating
55 s. 255.46, F.S.; creating the Underused Property
56 Maximization Program in the Department of Management
57 Services; providing legislative intent and
58 definitions; requiring governmental entities to submit
59 data and the department to establish an inventory of
60 underused property; requiring governmental entities to
61 consult such inventory and, if suitable, submit a
62 business case to the entity that owns or occupies the
63 property; providing for the disposition of underused
64 property; requiring the Auditor General to include
65 findings relating to compliance with this section in
66 any audits; authorizing the department to adopt rules;
67 report energy consumption and cost data; amending s.
68 255.503, F.S.; authorizing the department to charge
69 state employees fees for the use of parking
70 facilities; amending ss. 110.171 and 985.682, F.S.;
71 conforming cross-references; providing an
72 appropriation; providing effective dates.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. Section 216.0152, Florida Statutes, is amended
77 to read:
78 216.0152 Inventory of state-owned facilities or state
79 occupied facilities.—
80 (1) The Department of Management Services shall develop and
81 maintain an automated inventory of all facilities owned, leased,
82 rented, or otherwise occupied or maintained by a state any
83 agency of the state, the judicial branch, or the water
84 management districts. The inventory data shall be provided
85 annually by July 1 by the owning or operating agency in a format
86 prescribed by the department and must shall include the
87 location, occupying agency, ownership, size, condition
88 assessment, valuations, operating costs, maintenance record,
89 age, parking and employee facilities, building uses, full-time
90 equivalent occupancy, known restrictions or historic
91 designations, leases or subleases, associated revenues, and
92 other information as required by in a rule adopted by the
93 department. The department shall use this data for determining
94 maintenance needs, conducting strategic analyses, including, but
95 not limited to, analyzing and identifying candidates for
96 surplus, valuation, and disposition, and life-cycle cost
97 evaluations of the facility. Inventory data shall be provided to
98 the department on or before July 1 of each year by the owning or
99 operating agency in a format prescribed by the department. The
100 inventory need not include a condition assessment or maintenance
101 record of facilities not owned by a state agency, the judicial
102 branch, or a water management district. The term “facility,” as
103 used in this section, means buildings, structures, and building
104 systems, but does not include transportation facilities of the
105 state transportation system.
106 (a) For reporting purposes, the Department of
107 Transportation shall develop and maintain an inventory of the
108 transportation facilities of the state transportation system.
109 The Department of Transportation shall also identify and dispose
110 of surplus property pursuant to ss. 337.25 and 339.04.
111 (b) The Board of Governors of the State University System
112 and the Department of Education, respectively, shall develop and
113 maintain an inventory, in the manner prescribed by the
114 Department of Management Services, of all state university and
115 community college facilities and, by July 1 of each year,
116 provide this inventory shall make the data available in a format
117 acceptable to the Department of Management Services. By March
118 15, 2011, the department shall adopt rules pursuant to ss.
119 120.536 and 120.54 to administer this section.
120 (2) For the purpose of assessing needed repairs and
121 renovations of facilities, the Department of Management Services
122 shall update its inventory with condition information for
123 facilities of 3,000 square feet or more and cause to be updated
124 the other inventories required by subsection (1) at least once
125 every 5 years, but the inventories shall record acquisitions of
126 new facilities and significant changes in existing facilities as
127 they occur. The Department of Management Services shall provide
128 each agency and the judicial branch with the most recent
129 inventory applicable to that agency or to the judicial branch.
130 Each agency and the judicial branch shall, in the manner
131 prescribed by the Department of Management Services, report
132 significant changes in the inventory as they occur. Items
133 relating to the condition and life-cycle cost of a facility
134 shall be updated at least every 5 years.
135 (2)(3) The Department of Management Services and the
136 Department of Environmental Protection shall, by October 1 of
137 each year, every 3 years, publish a complete report detailing
138 the this inventory of all state-owned facilities, including the
139 inventories of the Board of Governors of the State University
140 System, the Department of Education, and the Department of
141 Transportation, excluding the transportation facilities of the
142 state transportation system. The annual report of state-owned
143 real property recommended for disposition required under s.
144 216.0153 must be included in this report and shall publish an
145 annual update of the report. The department shall furnish the
146 updated report to the Executive Office of the Governor and the
147 Legislature no later than September 15 of each year.
148 (3) An entity that is required to submit a report under
149 this section must also submit an inventory of all underused
150 property it owns, leases, rents, or otherwise occupies or
151 maintains to the Department of Management Services pursuant to
152 s. 255.46.
153 (4) The Department of Management Services shall adopt rules
154 to administer this section.
155 Section 2. Paragraph (b) of subsection (3) of section
156 216.043, Florida Statutes, is amended to read:
157 216.043 Budgets for fixed capital outlay.—
158 (3) Each legislative budget request for fixed capital
159 outlay submitted shall contain:
160 (b) A full explanation of the basis for each project,
161 including a description of the program which requires the
162 facility; an explanation of the inability of existing
163 facilities, or underused property as identified in s. 255.46, to
164 meet such requirements; historical background; alternatives; and
165 anticipated changes in operating costs, both initial and
166 continuing.
167 Section 3. Subsection (8) of section 253.031, Florida
168 Statutes, is amended to read:
169 253.031 Land office; custody of documents concerning land;
170 moneys; plats.—
171 (8) The board shall keep a suitable seal of office. An
172 impression of this seal shall be made upon the deeds conveying
173 lands sold by the state, by the Board of Education, and by the
174 Board of Trustees of the Internal Improvement Trust Fund of this
175 state; and all such deeds shall be personally signed by the
176 officers or trustees or their agents as authorized under s.
177 253.431, making the same and impressed with the said seal and
178 are shall be operative and valid without witnesses to the
179 execution thereof; and the impression of such seal on any such
180 deeds entitles shall entitle the same to record and to be
181 received in evidence in all courts.
182 Section 4. Subsection (6) and subsection (15) of section
183 253.034, Florida Statutes, are amended to read:
184 253.034 State-owned lands; uses.—
185 (6) The Board of Trustees of the Internal Improvement Trust
186 Fund shall determine which lands, the title to which is vested
187 in the board, may be surplused. For conservation lands, the
188 board shall determine whether make a determination that the
189 lands are no longer needed for conservation purposes and may
190 dispose of them by an affirmative vote of at least three
191 members. In the case of a land exchange involving the
192 disposition of conservation lands, the board must determine by
193 an affirmative vote of at least three members that the exchange
194 will result in a net positive conservation benefit. For all
195 other lands, the board shall determine whether make a
196 determination that the lands are no longer needed and may
197 dispose of them by an affirmative vote of at least three
198 members.
199 (a) For the purposes of this subsection, all lands acquired
200 by the state before prior to July 1, 1999, using proceeds from
201 the Preservation 2000 bonds, the Conservation and Recreation
202 Lands Trust Fund, the Water Management Lands Trust Fund,
203 Environmentally Endangered Lands Program, and the Save Our Coast
204 Program and titled to the board, which lands are identified as
205 core parcels or within original project boundaries are, shall be
206 deemed to have been acquired for conservation purposes.
207 (b) For any lands purchased by the state on or after July
208 1, 1999, before a determination shall be made by the board prior
209 to acquisition, the board must determine which as to those
210 parcels must that shall be designated as having been acquired
211 for conservation purposes. No Lands acquired for use by the
212 Department of Corrections, the Department of Management Services
213 for use as state offices, the Department of Transportation,
214 except those specifically managed for conservation or recreation
215 purposes, or the State University System or the Florida
216 Community College System may not shall be designated as having
217 been purchased for conservation purposes.
218 (c) At least every 10 years, as a component of each land
219 management plan or land use plan and in a form and manner
220 prescribed by rule by the board, each manager shall evaluate and
221 indicate to the board those lands that are not being used for
222 the purpose for which they were originally leased. For
223 conservation lands, the council shall review and shall recommend
224 to the board whether such lands should be retained in public
225 ownership or disposed of by the board. For nonconservation
226 lands, the division shall review such lands and shall recommend
227 to the board whether such lands should be retained in public
228 ownership or disposed of by the board.
229 (d) Lands owned by the board which are not actively managed
230 by any state agency or for which a land management plan has not
231 been completed pursuant to subsection (5) must shall be reviewed
232 by the council or its successor for its recommendation as to
233 whether such lands should be disposed of by the board.
234 (e) Before Prior to any decision by the board to surplus
235 lands, the Acquisition and Restoration Council shall review and
236 make recommendations to the board concerning the request for
237 surplusing. The council shall determine whether the request for
238 surplusing is compatible with the resource values of and
239 management objectives for such lands.
240 (f) In reviewing lands owned by the board, the council
241 shall consider whether such lands would be more appropriately
242 owned or managed by the county or other unit of local government
243 in which the land is located. The council shall recommend to the
244 board whether a sale, lease, or other conveyance to a local
245 government would be in the best interests of the state and local
246 government. The provisions of this paragraph in no way limit the
247 provisions of ss. 253.111 and 253.115. Such lands shall be
248 offered to the state, county, or local government for a period
249 of 45 days. Permittable uses for such surplus lands may include
250 public schools; public libraries; fire or law enforcement
251 substations; governmental, judicial, or recreational centers;
252 and affordable housing meeting the criteria of s. 420.0004(3).
253 County or local government requests for surplus lands shall be
254 expedited throughout the surplusing process. If the county or
255 local government does not elect to purchase such lands in
256 accordance with s. 253.111, then any surplusing determination
257 involving other governmental agencies shall be made when upon
258 the board decides deciding the best public use of the lands.
259 Surplus properties in which governmental agencies have expressed
260 no interest must shall then be available for sale on the private
261 market.
262 (g)1. The sale price of lands determined to be surplus
263 pursuant to this subsection and s. 253.82 shall be determined by
264 the division, which shall consider and shall take into
265 consideration an appraisal of the property, or, if when the
266 estimated value of the land is $500,000 or less than $100,000, a
267 comparable sales analysis or a broker’s opinion of value. If the
268 appraisal referenced in this paragraph yields a value equal to
269 or greater than $1 million, The division, in its sole
270 discretion, may require a second appraisal. The individual or
271 entity that requests requesting to purchase the surplus parcel
272 shall pay all appraisal costs associated with determining the
273 property’s value, if any.
274 1.2.a. A written valuation of land determined to be surplus
275 pursuant to this subsection and s. 253.82, and related documents
276 used to form the valuation or which pertain to the valuation,
277 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
278 I of the State Constitution.
279 a.b. The exemption expires 2 weeks before the contract or
280 agreement regarding the purchase, exchange, or disposal of the
281 surplus land is first considered for approval by the board.
282 b.c. Before Prior to expiration of the exemption, the
283 division may disclose confidential and exempt appraisals,
284 valuations, or valuation information regarding surplus land:
285 (I) During negotiations for the sale or exchange of the
286 land.
287 (II) During the marketing effort or bidding process
288 associated with the sale, disposal, or exchange of the land to
289 facilitate closure of such effort or process.
290 (III) When the passage of time has made the conclusions of
291 value invalid.
292 (IV) When negotiations or marketing efforts concerning the
293 land are concluded.
294 2.3. A unit of government that acquires title to lands
295 hereunder for less than appraised value may not sell or transfer
296 title to all or any portion of the lands to any private owner
297 for a period of 10 years. Any unit of government seeking to
298 transfer or sell lands pursuant to this paragraph must shall
299 first allow the board of trustees to reacquire such lands for
300 the price at which the board sold such lands.
301 (h) Parcels with a market value over $500,000 must be
302 initially offered for sale by competitive bid. The division may
303 use agents, as authorized by s. 253.431, for this process. Any
304 parcels unsuccessfully offered for sale by competitive bid, and
305 parcels with a market value of $500,000 or less, may be sold by
306 any reasonable means, including procuring real estate services,
307 open or exclusive listings, competitive bid, auction, negotiated
308 direct sales, or other appropriate services, to facilitate the
309 sale.
310 (i)(h) After reviewing the recommendations of the council,
311 the board shall determine whether lands identified for surplus
312 are to be held for other public purposes or whether such lands
313 are no longer needed. The board may require an agency to release
314 its interest in such lands. A state For an agency, county, or
315 local government that has requested the use of a property that
316 was to be declared as surplus, said agency must secure have the
317 property under lease within 90 days after being notified that it
318 may use such property 6 months of the date of expiration of the
319 notice provisions required under this subsection and s. 253.111.
320 (j)(i) Requests for surplusing may be made by any public or
321 private entity or person. All requests shall be submitted to the
322 lead managing agency for review and recommendation to the
323 council or its successor. Lead managing agencies shall have 90
324 days to review such requests and make recommendations. Any
325 surplusing requests that have not been acted upon within the 90
326 day time period shall be immediately scheduled for hearing at
327 the next regularly scheduled meeting of the council or its
328 successor. Requests for surplusing pursuant to this paragraph
329 are shall not be required to be offered to local or state
330 governments as provided in paragraph (f).
331 (k)(j) Proceeds from any sale of surplus lands pursuant to
332 this subsection shall be deposited into the fund from which such
333 lands were acquired. However, if the fund from which the lands
334 were originally acquired no longer exists, such proceeds shall
335 be deposited into an appropriate account to be used for land
336 management by the lead managing agency assigned the lands before
337 prior to the lands were being declared surplus. Funds received
338 from the sale of surplus nonconservation lands, or lands that
339 were acquired by gift, by donation, or for no consideration,
340 shall be deposited into the Internal Improvement Trust Fund.
341 (l)(k) Notwithstanding the provisions of this subsection,
342 no such disposition of land may not shall be made if it such
343 disposition would have the effect of causing all or any portion
344 of the interest on any revenue bonds issued to lose the
345 exclusion from gross income for federal income tax purposes.
346 (m)(l) The sale of filled, formerly submerged land that
347 does not exceed 5 acres in area is not subject to review by the
348 council or its successor.
349 (n)(m) The board may adopt rules to administer implement
350 the provisions of this section, which may include procedures for
351 administering surplus land requests and criteria for when the
352 division may approve requests to surplus nonconservation lands
353 on behalf of the board.
354 (15) Before a building or parcel of land is offered for
355 lease, sublease, or sale to a local or federal unit of
356 government or a private party, it must shall first be offered
357 for lease to state agencies, state universities, and community
358 colleges, contingent upon the submission of a business plan for
359 the proposed use of the building or parcel. Within 60 days after
360 the offer of a surplus building or parcel, a state agency, state
361 university, or Florida College System institution that requests
362 the transfer of a surplus building or parcel must develop and
363 submit a business plan for the proposed use of the building or
364 parcel. The business plan must, at a minimum, include the
365 proposed use, the cost of renovation, the replacement cost for a
366 new building for the same proposed use, a capital improvement
367 plan for the building, evidence that the building or parcel
368 meets an existing need that cannot be otherwise met, and other
369 criteria developed by rule by the board of trustees with
370 priority consideration given to state universities and community
371 colleges. A state agency, university, or Florida College System
372 institution shall community college must submit its business a
373 plan for review and approval by the Board of Trustees of the
374 Internal Improvement Trust Fund or its designee regarding the
375 intended use of the building or parcel of land before approval
376 of a lease. The board or its designee shall compare the
377 appraised value of the building or parcel to any submitted
378 business plan for proposed use of the building or parcel to
379 determine if the transfer or sale is in the best interest of the
380 state.
381 Section 5. Section 255.248, Florida Statutes, is amended to
382 read:
383 255.248 Definitions; ss. 255.249 and 255.25.—As used in
384 this section and ss. 255.249-255.25 255.249 and 255.25, the
385 term:
386 (1) “Best leasing value” means the highest overall value to
387 the state based on objective factors that include, but are not
388 limited to, rental rate, renewal rate, operational and
389 maintenance costs, tenant-improvement allowance, location, lease
390 term, condition of facility, landlord responsibility, amenities,
391 and parking.
392 (2) “Competitive solicitation” means an invitation to bid,
393 a request for proposals, or an invitation to negotiate.
394 (3) “Department” means the Department of Management
395 Services.
396 (4) “Managing agency” means an agency that serves as the
397 title entity or that leases property from the Board of Trustees
398 of the Internal Improvement Trust Fund for the operation and
399 maintenance of a state-owned office building.
400 (5)(4) “Privately owned building” means any building not
401 owned by a governmental agency.
402 (6)(5) “Responsible lessor” means a lessor that who has the
403 capability in all respects to fully perform the contract
404 requirements and the integrity and reliability that will assure
405 good faith performance.
406 (7)(6) “Responsive bid,” “responsive proposal,” or
407 “responsive reply” means a bid or proposal, or reply submitted
408 by a responsive and responsible lessor, which conforms in all
409 material respects to the solicitation.
410 (8)(7) “Responsive lessor” means a lessor that has
411 submitted a bid, proposal, or reply that conforms in all
412 material respects to the solicitation.
413 (9)(8) “State-owned office building” means any building
414 whose title to which is vested in the state and which is used by
415 one or more executive agencies predominantly for administrative
416 direction and support functions. The This term excludes:
417 (a) District or area offices established for field
418 operations where law enforcement, military, inspections, road
419 operations, or tourist welcoming functions are performed.
420 (b) All educational facilities and institutions under the
421 supervision of the Department of Education.
422 (c) All custodial facilities and institutions used
423 primarily for the care, custody, or treatment of wards of the
424 state.
425 (d) Buildings or spaces used for legislative activities.
426 (e) Buildings purchased or constructed from agricultural or
427 citrus trust funds.
428 (10) “Tenant broker” means a private real estate broker or
429 brokerage firm licensed to do business in this state and under
430 contract with the department to provide real estate transaction,
431 portfolio management, and strategic planning services for state
432 agencies.
433 Section 6. Section 255.249, Florida Statutes, is amended to
434 read:
435 255.249 Department of Management Services; responsibility;
436 department rules.—
437 (1) The department shall have responsibility and authority
438 for the operation, custodial care, and preventive maintenance,
439 repair, alteration, modification, and allocation of space for of
440 all buildings in the Florida Facilities Pool and adjacent the
441 grounds located adjacent thereto.
442 (2) A state agency may not lease space in a private
443 building that is to be constructed for state use without first
444 obtaining prior approval of the architectural design and
445 preliminary construction from the department.
446 (3)(2) The department shall require a any state agency
447 planning to terminate a lease for the purpose of occupying space
448 in a new state-owned office building, the funds for which are
449 appropriated after June 30, 2000, to state why the proposed
450 relocation is in the best interest of the state.
451 (4)(3)(a) An agency that intends to terminate a lease of
452 privately owned space before the expiration of its base term,
453 must notify the department 90 days before the termination. The
454 department shall, to the extent feasible, coordinate the
455 vacation of privately owned leased space with the expiration of
456 the lease on that space and, when a lease is terminated before
457 expiration of its base term, will make a reasonable effort to
458 place another state agency in the space vacated. A Any state
459 agency may lease the space in any building that was subject to a
460 lease terminated by a state agency for a period of time equal to
461 the remainder of the base term without the requirement of
462 competitive solicitation.
463 (5) The department may direct a state agency to occupy, or
464 relocate to, space in any state-owned office building, including
465 all state-owned space identified in the Florida State-Owned
466 Lands and Records Information System managed by the Department
467 of Environmental Protection.
468 (6) If expressly authorized by the General Appropriations
469 Act and, in the best interest of the state, the department may
470 implement renovations or construction that more efficiently use
471 state-owned buildings. Such use of tenant-improvement funds
472 applies only to state-owned buildings, and all expenditures must
473 be reported by the department in the master leasing report
474 identified in subsection (8).
475 (7)(b) The department shall develop and implement a
476 strategic leasing plan. The strategic leasing plan must shall
477 forecast space needs for all state agencies and identify
478 opportunities for reducing costs through consolidation,
479 relocation, reconfiguration, capital investment, and the
480 renovation, building, or acquisition of state-owned space.
481 (8)(c) The department shall annually publish a master
482 leasing report that includes the strategic leasing plan created
483 under subsection (7). The department shall annually submit
484 furnish the master leasing report to the Executive Office of the
485 Governor and the Legislature by October 1. The report must
486 provide September 15 of each year which provides the following
487 information:
488 (a)1. A list, by agency and by geographic market, of all
489 leases that are due to expire within 24 months.
490 (b)2. Details of each lease, including location, size, cost
491 per leased square foot, lease-expiration date, and a
492 determination of whether sufficient state-owned office space
493 will be available at the expiration of the lease to accommodate
494 affected employees.
495 (c)3. A list of amendments and supplements to and waivers
496 of terms and conditions in lease agreements that have been
497 approved pursuant to s. 255.25(2)(a) during the previous 12
498 months and an associated comprehensive analysis, including
499 financial implications, showing that any amendment, supplement,
500 or waiver is in the state’s long-term best interest.
501 (d)4. Financial impacts to the Florida Facilities Pool
502 rental rate due to the sale, removal, acquisition, or
503 construction of pool facilities.
504 (e)5. Changes in occupancy rate, maintenance costs, and
505 efficiency costs of leases in the state portfolio. Changes to
506 occupancy costs in leased space by market and changes to space
507 consumption by agency and by market.
508 (f)6. An analysis of portfolio supply and demand.
509 (g)7. Cost-benefit analyses of acquisition, build, and
510 consolidation opportunities, recommendations for strategic
511 consolidation, and strategic recommendations for disposition,
512 acquisition, and building.
513 (h) Recommendations for using capital improvement funds to
514 implement the consolidation of state agencies into state-owned
515 office buildings.
516 (i)8. The updated plan required by s. 255.25(4)(c).
517 (9)(d) Annually, by June 30: of each year,
518 (a) Each state agency shall annually provide to the
519 department all information regarding agency programs affecting
520 the need for or use of space by that agency, reviews of lease
521 expiration schedules for each geographic area, active and
522 planned full-time equivalent data, business case analyses
523 related to consolidation plans by an agency, a telework program
524 under s. 110.171, and current occupancy and relocation costs,
525 inclusive of furnishings, fixtures and equipment, data, and
526 communications. State agencies may use the services of a tenant
527 broker in preparing this information.
528 (b) The title entity or managing agency shall report to the
529 department any vacant or underutilized space for all state-owned
530 office buildings and any restrictions that apply to any other
531 agency occupying the vacant or underutilized space. The title
532 entity or managing agency shall also notify the department of
533 any significant changes to its occupancy for the coming fiscal
534 year.
535 (10)(4) The department shall adopt rules pursuant to
536 chapter 120 providing:
537 (a) Methods for accomplishing the duties outlined in
538 subsection (1).
539 (b) Procedures for soliciting and accepting competitive
540 solicitations for leased space of 2,000 5,000 square feet or
541 more in privately owned buildings, for evaluating the proposals
542 received, for exemption from competitive solicitations
543 requirements of any lease for the purpose of which is the
544 provision of care and living space for persons or emergency
545 space needs as provided in s. 255.25(10), and for the securing
546 of at least three documented quotes for a lease that is not
547 required to be competitively solicited.
548 (c) A standard method for determining square footage or any
549 other measurement used as the basis for lease payments or other
550 charges.
551 (d) Methods of allocating space in both state-owned office
552 buildings and privately owned buildings leased by the state
553 based on use, personnel, and office equipment.
554 (e)1. Acceptable terms and conditions for inclusion in
555 lease agreements.
556 2. At a minimum, such terms and conditions must shall
557 include, at a minimum, the following clauses, which may not be
558 amended, supplemented, or waived:
559 1.a. As provided in s. 255.2502, “The State of Florida’s
560 performance and obligation to pay under this contract is
561 contingent upon an annual appropriation by the Legislature.”
562 2.b. “The lessee has shall have the right to terminate this
563 lease, without penalty, if this lease in the event a state-owned
564 building becomes available to the lessee for occupancy and the
565 lessee has given upon giving 6 months’ advance written notice to
566 the lessor by certified mail, return receipt requested.”
567 (f) State agency use of space identified in the Florida
568 State-Owned Lands and Records Information System under
569 subsection (5) Maximum rental rates, by geographic areas or by
570 county, for leasing privately owned space.
571 (g) A standard method for the assessment of rent to state
572 agencies and other authorized occupants of state-owned office
573 space, notwithstanding the source of funds.
574 (h) For full disclosure of the names and the extent of
575 interest of the owners holding a 4-percent or more interest in
576 any privately owned property leased to the state or in the
577 entity holding title to the property, for exemption from such
578 disclosure of any beneficial interest that which is represented
579 by stock in a any corporation registered with the Securities and
580 Exchange Commission or registered pursuant to chapter 517, which
581 stock is for sale to the general public, and for exemption from
582 such disclosure of any leasehold interest in property located
583 outside the territorial boundaries of the United States.
584 (i) For full disclosure of the names of all public
585 officials, agents, or employees holding any interest in any
586 privately owned property leased to the state or in the entity
587 holding title to the property, and the nature and extent of
588 their interest, for exemption from such disclosure of any
589 beneficial interest that which is represented by stock in any
590 corporation registered with the Securities and Exchange
591 Commission or registered pursuant to chapter 517, which stock is
592 for sale to the general public, and for exemption from such
593 disclosure of any leasehold interest in property located outside
594 the territorial boundaries of the United States.
595 (j) A method for reporting leases for nominal or no
596 consideration.
597 (k) For a lease of less than 2,000 5,000 square feet, a
598 method for certification by the agency head or the agency head’s
599 designated representative that all criteria for leasing have
600 been fully complied with and for the filing of a copy of such
601 lease and all supporting documents with the department for its
602 review and approval as to technical sufficiency and whether it
603 is in the best interests of the state.
604 (l) A standardized format for state agency reporting of the
605 information required by paragraph (9)(a) (3)(d).
606 (m) Procedures for the effective and efficient
607 administration of this section.
608 (11)(5) The department shall prepare a form listing all
609 conditions and requirements adopted pursuant to this chapter
610 which must be met by any state agency leasing any building or
611 part thereof. Before executing any lease, this form must shall
612 be certified by the agency head or the agency head’s designated
613 representative and submitted to the department.
614 (12)(6) The department may contract for real estate
615 consulting or tenant brokerage services in order to carry out
616 its duties relating to the strategic leasing plan under
617 subsection (7). The contract must shall be procured pursuant to
618 s. 287.057. The vendor vendor that is awarded the contract shall
619 be compensated by the department, subject to the provisions of
620 the contract, and such compensation is subject to appropriation
621 by the Legislature. A The real estate consultant or tenant
622 broker may not receive compensation directly from a lessor for
623 services that are rendered pursuant to the contract. Moneys paid
624 by a lessor to the department under a facility-leasing
625 arrangement are not subject to the charges imposed under s.
626 215.20.
627 Section 7. Section 255.25, Florida Statutes, is amended to
628 read:
629 255.25 Approval required before prior to construction or
630 lease of buildings.—
631 (1)(a) A state agency may not lease space in a private
632 building that is to be constructed for state use unless prior
633 approval of the architectural design and preliminary
634 construction plans is first obtained from the department.
635 (b) During the term of existing leases, each agency shall
636 consult with the department regarding opportunities for
637 consolidation, use of state-owned space, build-to-suit space,
638 and potential acquisitions; shall monitor market conditions; and
639 shall initiate a competitive solicitation or, if appropriate,
640 lease-renewal negotiations for each lease held in the private
641 sector to effect the best overall lease terms reasonably
642 available to that agency.
643 (a) Amendments to leases may be permitted to modify any
644 lease provisions or any other terms or conditions unless, except
645 to the extent specifically prohibited under by this chapter.
646 (b) The department shall serve as a mediator in lease
647 renewal negotiations if the agency and the lessor are unable to
648 reach a compromise within 6 months after renegotiation and if
649 either the agency or lessor requests intervention by the
650 department.
651 (c) If When specifically authorized by the General
652 Appropriations Act, and in accordance with s. 255.2501, if
653 applicable, the department may approve a lease-purchase, sale
654 leaseback, or tax-exempt leveraged lease contract or other
655 financing technique for the acquisition, renovation, or
656 construction of a state fixed capital outlay project if when it
657 is in the best interest of the state.
658 (2)(a) Except as provided in ss. 255.249 and s. 255.2501, a
659 state agency may not lease a building or any part thereof unless
660 prior approval of the lease conditions and of the need for the
661 lease therefor is first obtained from the department. An Any
662 approved lease may include an option to purchase or an option to
663 renew the lease, or both, upon such terms and conditions as are
664 established by the department, subject to final approval by the
665 head of the department of Management Services and s. 255.2502.
666 (a)(b) For the lease of less than 2,000 5,000 square feet
667 of space, including space leased for nominal or no
668 consideration, a state agency must notify the department at
669 least 90 30 days before the execution of the lease. The
670 department shall review the lease and determine whether suitable
671 space is available in a state-owned or state-leased building
672 located in the same geographic region. If the department
673 determines that space is not available, the department shall
674 determine whether the state agency lease is in the best
675 interests of the state. If the department determines that the
676 execution of the lease is not in the best interests of the
677 state, the department shall notify the agency proposing the
678 lease, the Governor, the President of the Senate, and the
679 Speaker of the House of Representatives and the presiding
680 officers of each house of the Legislature of such finding in
681 writing. A lease that is for a term extending beyond the end of
682 a fiscal year is subject to the provisions of ss. 216.311,
683 255.2502, and 255.2503.
684 (b)(c) The department shall adopt as a rule uniform leasing
685 procedures by rule for use by each state agency other than the
686 Department of Transportation. Each state agency shall ensure
687 that the leasing practices of that agency are in substantial
688 compliance with the uniform leasing rules adopted under this
689 section and ss. 255.249, 255.2502, and 255.2503.
690 (c)(d) Notwithstanding paragraph (a) and except as provided
691 in ss. 255.249 and 255.2501, a state agency may not lease a
692 building or any part thereof unless prior approval of the lease
693 terms and conditions and of the need therefor is first obtained
694 from the department. The department may not approve any term or
695 condition in a lease agreement which has been amended,
696 supplemented, or waived unless a comprehensive analysis,
697 including financial implications, demonstrates that such
698 amendment, supplement, or waiver is in the state’s long-term
699 best interest. An Any approved lease may include an option to
700 purchase or an option to renew the lease, or both, upon such
701 terms and conditions as are established by the department,
702 subject to final approval by the head of the department, of
703 Management Services and the provisions of s. 255.2502.
704 (3)(a) Except as provided in subsection (10), a state
705 agency may not enter into a lease as lessee for the use of 2,000
706 5,000 square feet or more of space in a privately owned building
707 except upon advertisement for and receipt of competitive
708 solicitations.
709 1.a. An invitation to bid must shall be made available
710 simultaneously to all lessors and must include a detailed
711 description of the space sought; the time and date for the
712 receipt of bids and of the public opening; and all contractual
713 terms and conditions applicable to the procurement, including
714 the criteria to be used in determining the acceptability of the
715 bid. If the agency contemplates renewing renewal of the
716 contract, that fact must be stated in the invitation to bid. The
717 bid must include the price for each year for which the contract
718 may be renewed. Evaluation of bids must shall include
719 consideration of the total cost for each year as submitted by
720 the lessor. Criteria that were not set forth in the invitation
721 to bid may not be used in determining the acceptability of the
722 bid.
723 b. The contract shall be awarded with reasonable promptness
724 by written notice to the responsible and responsive lessor that
725 submits the lowest responsive bid. The contract file must
726 contain a written determination that the bid meets This bid must
727 be determined in writing to meet the requirements and criteria
728 set forth in the invitation to bid.
729 2.a. If an agency determines in writing that the use of an
730 invitation to bid is not practicable, leased space shall be
731 procured by competitive sealed proposals. A request for
732 proposals shall be made available simultaneously to all lessors
733 and must include a statement of the space sought; the time and
734 date for the receipt of proposals and of the public opening; and
735 all contractual terms and conditions applicable to the
736 procurement, including the criteria, which must include, but
737 need not be limited to, price, to be used in determining the
738 acceptability of the proposal. The relative importance of price
739 and other evaluation criteria must shall be indicated. If the
740 agency contemplates renewing renewal of the contract, that fact
741 must be stated in the request for proposals. The proposal must
742 include the price for each year for which the contract may be
743 renewed. Evaluation of proposals must shall include
744 consideration of the total cost for each year as submitted by
745 the lessor.
746 b. The contract shall be awarded to the responsible and
747 responsive lessor whose proposal is determined in writing to be
748 the most advantageous to the state, taking into consideration
749 the price and the other criteria set forth in the request for
750 proposals. The contract file must contain documentation
751 supporting the basis on which the award is made.
752 3.a. If the agency determines in writing that the use of an
753 invitation to bid or a request for proposals will not result in
754 the best leasing value to the state, the agency may procure
755 leased space by competitive sealed replies. The agency’s written
756 determination must specify reasons that explain why negotiation
757 may be necessary in order for the state to achieve the best
758 leasing value and must be approved in writing by the agency head
759 or his or her designee before prior to the advertisement of an
760 invitation to negotiate. Cost savings related to the agency
761 procurement process are not sufficient justification for using
762 an invitation to negotiate. An invitation to negotiate shall be
763 made available to all lessors simultaneously and must include a
764 statement of the space sought; the time and date for the receipt
765 of replies and of the public opening; and all terms and
766 conditions applicable to the procurement, including the criteria
767 to be used in determining the acceptability of the reply. If the
768 agency contemplates renewing renewal of the contract, that fact
769 must be stated in the invitation to negotiate. The reply must
770 include the price for each year for which the contract may be
771 renewed.
772 b. The agency shall evaluate and rank responsive replies
773 against all evaluation criteria set forth in the invitation to
774 negotiate and shall select, based on the ranking, one or more
775 lessors with which to commence negotiations. After negotiations
776 are conducted, the agency shall award the contract to the
777 responsible and responsive lessor that the agency determines
778 will provide the best leasing value to the state. The contract
779 file must contain a short, plain statement that explains the
780 basis for lessor selection and sets forth the lessor’s
781 deliverables and price pursuant to the contract, and an
782 explanation of how these deliverables and price provide the best
783 leasing value to the state.
784 (b) The department of Management Services shall have the
785 authority to approve a lease for 2,000 5,000 square feet or more
786 of space which that covers more than 12 consecutive months 1
787 fiscal year, subject to the provisions of ss. 216.311, 255.2501,
788 255.2502, and 255.2503, if such lease is, in the judgment of the
789 department, in the best interests of the state. In determining
790 best interest, the department shall consider availability of
791 state-owned space and analyses of build-to-suit and acquisition
792 opportunities. This paragraph does not apply to buildings or
793 facilities of any size leased for the purpose of providing care
794 and living space to individuals for persons.
795 (c) The department may approve extensions of an existing
796 lease of 2,000 5,000 square feet or more of space if such
797 extensions are determined to be in the best interests of the
798 state; however, but in no case shall the total of such
799 extensions may not exceed 11 months. If at the end of the 11th
800 month an agency still needs that space, it must shall be
801 procured by competitive bid in accordance with s. 255.249(10)(b)
802 255.249(4)(b). However, an agency that determines that it is in
803 its best interest to remain in the space it currently occupies
804 may negotiate a replacement lease with the lessor if an
805 independent comparative market analysis demonstrates that the
806 rates offered are within market rates for the space and the cost
807 of the new lease does not exceed the cost of a comparable lease
808 plus documented moving costs. A present-value analysis and the
809 consumer price index shall be used in the calculation of lease
810 costs. The term of the replacement lease may not exceed the base
811 term of the expiring lease.
812 (d) Any person who files an action protesting a decision or
813 intended decision pertaining to a competitive solicitation for
814 space to be leased by the agency pursuant to s. 120.57(3)(b)
815 shall post with the state agency at the time of filing the
816 formal written protest a bond payable to the agency in an amount
817 equal to 1 percent of the estimated total rental of the basic
818 lease period or $5,000, whichever is greater, which bond is
819 shall be conditioned on upon the payment of all costs that may
820 be adjudged against him or her in the administrative hearing in
821 which the action is brought and in any subsequent appellate
822 court proceeding. If the agency prevails after completion of the
823 administrative hearing process and any appellate court
824 proceedings, it shall recover all costs and charges, which must
825 shall be included in the final order or judgment, excluding
826 attorney attorney’s fees. Upon payment of such costs and charges
827 by the person protesting the award, the bond shall be returned
828 to him or her. If the person protesting the award prevails, the
829 bond shall be returned to that person and he or she shall
830 recover from the agency all costs and charges, which must shall
831 be included in the final order of judgment, excluding attorney
832 attorney’s fees.
833 (e) The agency and the lessor, when entering into a lease
834 for 2,000 5,000 or more square feet of a privately owned
835 building, shall, before the effective date of the lease, agree
836 upon and separately state the cost of tenant improvements which
837 may qualify for reimbursement if the lease is terminated before
838 the expiration of its base term. The department shall serve as
839 mediator if the agency and the lessor are unable to agree. The
840 amount agreed upon and stated shall, if appropriated, be
841 amortized over the original base term of the lease on a
842 straight-line basis.
843 (f) The unamortized portion of tenant improvements, if
844 appropriated, shall be paid in equal monthly installments over
845 the remaining term of the lease. If any portion of the original
846 leased premises is occupied after termination but during the
847 original term by a tenant who that does not require material
848 changes to the premises, the repayment of the cost of tenant
849 improvements applicable to the occupied but unchanged portion
850 shall be abated during occupancy. The portion of the repayment
851 to be abated must shall be based on the ratio of leased space to
852 unleased space.
853 (g) Notwithstanding s. 287.056(1), a state agency shall
854 may, at the sole discretion of the agency head or his or her
855 designee, use the services of a tenant broker under a state term
856 contract to assist with a lease action a competitive
857 solicitation undertaken by the agency, with the exception of
858 leases between governmental entities. If using In making its
859 determination whether to use a tenant broker, a state agency
860 shall consult with the department. A state agency may not use
861 the services of a tenant broker unless the tenant broker is
862 under a term contract with the state which complies with
863 paragraph (h). If a state agency uses the services of a tenant
864 broker with respect to a transaction, the agency may not enter
865 into a lease with a any landlord for whom to which the tenant
866 broker is providing brokerage services for that transaction.
867 (h) The Department of Management Services may, Pursuant to
868 s. 287.042(2)(a), the department shall procure a term contracts
869 contract for tenant broker real estate consulting and brokerage
870 services. A state agency may not purchase services from the
871 contract unless the contract has been procured under s.
872 287.057(1) after March 1, 2007, and contains the following
873 provisions or requirements:
874 1. Awarded tenant brokers must maintain an office or
875 presence in the market served. In awarding the contract,
876 preference must be given to brokers who that are licensed in
877 this state under chapter 475 and who that have 3 or more years
878 of experience in the market served. The contract may be made
879 with multiple up to three tenant brokers in order to serve the
880 marketplace in the north, central, and south areas of the state.
881 2. Each contracted tenant broker works shall work under the
882 direction, supervision, and authority of the state agency,
883 subject to the rules governing lease procurements.
884 3. The department shall provide training for the awarded
885 tenant brokers concerning the rules governing the procurement of
886 leases.
887 4. Tenant brokers must comply with all applicable
888 provisions of s. 475.278.
889 5. Real estate consultants and tenant brokers shall be
890 compensated by the state agency, subject to the provisions of
891 the term contract, and such compensation is subject to
892 appropriation by the Legislature. A real estate consultant or
893 tenant broker may not receive compensation directly from a
894 lessor for services that are rendered under the term contract.
895 Moneys paid by a lessor to the state agency under a facility
896 leasing arrangement are not subject to the charges imposed under
897 s. 215.20. All terms relating to the compensation of the real
898 estate consultant or tenant broker must shall be specified in
899 the term contract and may not be supplemented or modified by the
900 state agency using the contract.
901 6. The department shall conduct periodic customer
902 satisfaction surveys.
903 7. Each state agency shall report the following information
904 to the department:
905 a. The number of leases that adhere to the goal of the
906 workspace-management initiative of 180 square feet per full-time
907 employee FTE.
908 b. The quality of space leased and the adequacy of tenant
909 improvement funds.
910 c. The timeliness of lease procurement, measured from the
911 date of the agency’s request to the finalization of the lease.
912 d. Whether cost-benefit analyses were performed before
913 execution of the lease in order to ensure that the lease is in
914 the best interest of the state.
915 e. The lease costs compared to market rates for similar
916 types and classifications of space according to the official
917 classifications of the Building Owners and Managers Association.
918 (4)(a) The department may shall not authorize any state
919 agency to enter into a lease agreement for space in a privately
920 owned building if when suitable space is available in a state
921 owned building located in the same geographic region, except
922 upon presentation to the department of sufficient written
923 justification, acceptable to the department, that a separate
924 space is required in order to fulfill the statutory duties of
925 the agency making the such request. The term “state-owned
926 building” as used in this subsection means any state-owned
927 facility regardless of use or control.
928 (b) State agencies shall cooperate with local governmental
929 units by using suitable, existing publicly owned facilities,
930 subject to the provisions of ss. 255.2501, 255.2502, and
931 255.2503. Agencies may use utilize unexpended funds appropriated
932 for lease payments to:
933 1. Pay their proportion of operating costs.
934 2. Renovate applicable spaces.
935 (c) Because the state has a substantial financial
936 investment in state-owned buildings, it is legislative policy
937 and intent that if when state-owned buildings meet the needs of
938 state agencies, agencies must fully use such buildings before
939 leasing privately owned buildings. By September 15, 2006, The
940 department of Management Services shall create a 5-year plan for
941 implementing this policy. The department shall update this plan
942 annually, detailing proposed departmental actions to meet the
943 plan’s goals, and include shall furnish this plan annually as
944 part of the master leasing report.
945 (5) Before construction or renovation of any state-owned
946 building or state-leased space is commenced, the department of
947 Management Services shall determine ascertain, through the by
948 submission of proposed plans to the Division of State Fire
949 Marshal for review, whether that the proposed construction or
950 renovation plan complies with the uniform firesafety standards
951 required by the division of State Fire Marshal. The review of
952 construction or renovation plans for state-leased space must
953 shall be completed within 10 calendar days after of receipt of
954 the plans by the division of State Fire Marshal. The review of
955 construction or renovation plans for a state-owned building must
956 shall be completed within 30 calendar days after of receipt of
957 the plans by the division of State Fire Marshal. The
958 responsibility for submission and retrieval of the plans may
959 called for in this subsection shall not be imposed on the design
960 architect or engineer, but is shall be the responsibility of the
961 two agencies. If Whenever the division of State Fire Marshal
962 determines that a construction or renovation plan is not in
963 compliance with such uniform firesafety standards, the division
964 of State Fire Marshal may issue an order to cease all
965 construction or renovation activities until compliance is
966 obtained, except those activities required to achieve such
967 compliance. The lessor shall provide the department with of
968 Management Services documentation certifying that the facility
969 meets all of shall withhold approval of any proposed lease until
970 the construction or renovation plan complies with the uniform
971 firesafety standards of the Division of State Fire Marshal. The
972 cost of all modifications or renovations made for the purpose of
973 bringing leased property into compliance with the uniform
974 firesafety standards are shall be borne by the lessor. The state
975 may not take occupancy without the division’s final approval.
976 (6) Before construction or substantial improvement of any
977 state-owned building is commenced, the department of Management
978 Services must determine ascertain that the proposed construction
979 or substantial improvement complies with the flood plain
980 management criteria for mitigation of flood hazards, as
981 prescribed in the October 1, 1986, rules and regulations of the
982 Federal Emergency Management Agency, and the department shall
983 monitor the project to assure compliance with the criteria. In
984 accordance with chapter 120, The department of Management
985 Services shall adopt rules any necessary rules to ensure that
986 all such proposed state construction and substantial improvement
987 of state buildings in designated flood-prone areas complies with
988 the flood plain management criteria. If Whenever the department
989 determines that a construction or substantial improvement
990 project is not in compliance with such with the established
991 flood plain management criteria, the department may issue an
992 order to cease all construction or improvement activities until
993 compliance is obtained, except those activities required to
994 achieve such compliance.
995 (7) This section does not apply to any lease having a term
996 of less than 120 consecutive days for the purpose of securing
997 the one-time special use of the leased property. This section
998 does not apply to any lease for nominal or no consideration.
999 (8) An agency may not enter into more than one lease for
1000 space in the same privately owned facility or complex within any
1001 12-month period except upon competitive solicitation.
1002 (9) Specialized educational facilities, excluding
1003 classrooms, are shall be exempt from the competitive bid
1004 requirements for leasing pursuant to this section if the
1005 executive head of a any state agency certifies in writing that
1006 the said facility is available from a single source and that the
1007 competitive bid requirements would be detrimental to the state.
1008 Such certification must shall include documentation of evidence
1009 of steps taken to determine sole-source status.
1010 (10) The department of Management Services may approve
1011 emergency acquisition of space without competitive bids if
1012 existing state-owned or state-leased space is destroyed or
1013 rendered uninhabitable by an act of God, fire, malicious
1014 destruction, or structural failure, or by legal action, or if
1015 the agency head certifies in writing that there is an immediate
1016 danger to the public health, safety, or welfare, or if other
1017 substantial loss to the state requires emergency action and if
1018 the chief administrator of the state agency or the chief
1019 administrator’s designated representative certifies in writing
1020 that no other agency-controlled space is available to meet this
1021 emergency need; however, but in no case shall the lease for such
1022 space may not exceed 11 months. If the lessor elects not to
1023 replace or renovate the destroyed or uninhabitable facility, the
1024 agency shall procure the needed space by competitive bid in
1025 accordance with s. 255.249(10)(b) 255.249(4)(b). If the lessor
1026 elects to replace or renovate the destroyed or uninhabitable
1027 facility and the construction or renovations will not be
1028 complete at the end of the 11-month lease, the agency may modify
1029 the lease to extend it on a month-to-month basis for up to an
1030 additional 6 months to allow completion of such construction or
1031 renovations.
1032 (11) In any leasing of space which occurs that is
1033 accomplished without competition, the individuals taking part in
1034 the development or selection of criteria for evaluation, in the
1035 evaluation, and in the award processes must shall attest in
1036 writing that they are independent of, and have no conflict of
1037 interest in, the entities evaluated and selected.
1038 Section 8. Subsection (4) of section 255.252, Florida
1039 Statutes, is amended to read:
1040 255.252 Findings and intent.—
1041 (4) In addition to designing and constructing new buildings
1042 to be energy-efficient, it is the policy of the state to operate
1043 and maintain state facilities in a manner that minimizes energy
1044 consumption and maximizes building sustainability and to operate
1045 facilities leased by the state so as to minimize energy use. It
1046 is further the policy of the state that the renovation of
1047 existing state facilities be in accordance with a sustainable
1048 building rating or a national model green building code. State
1049 agencies are encouraged to consider shared savings financing of
1050 energy-efficiency and conservation projects, using contracts
1051 that split the resulting savings for a specified period of time
1052 between the state agency and the private firm or cogeneration
1053 contracts and that otherwise permit the state to lower its net
1054 energy costs. Such energy contracts may be funded from the
1055 operating budget. The vendor for such energy contracts may be
1056 selected in accordance with s. 287.055.
1057 Section 9. Effective July 1, 2014, subsection (1) of
1058 section 255.254, Florida Statutes, is amended to read:
1059 255.254 No facility constructed or leased without life
1060 cycle costs.—
1061 (1) A No state agency may not shall lease, construct, or
1062 have constructed, within limits prescribed in this section, a
1063 facility without having secured from the department an
1064 evaluation of life-cycle costs based on sustainable building
1065 ratings. Furthermore, Construction shall proceed only upon
1066 disclosing to the department, for the facility chosen, the life
1067 cycle costs as determined in s. 255.255, the facility’s
1068 sustainable building rating goal, and the capitalization of the
1069 initial construction costs of the building. The life-cycle costs
1070 and the sustainable building rating goal shall be primary
1071 considerations in the selection of a building design. For leased
1072 facilities larger buildings more than 2,000 5,000 square feet in
1073 area within a given building boundary, an energy performance
1074 analysis that calculates consisting of a projection of the total
1075 annual energy consumption and energy costs in dollars per square
1076 foot of major energy-consuming equipment and systems based on
1077 actual expenses from the last 3 years and projected forward for
1078 the term of the proposed lease shall be performed. The analysis
1079 must also compare the energy performance of the proposed lease
1080 to lease shall only be made where there is a showing that the
1081 energy costs incurred by the state are minimal compared to
1082 available like facilities. A lease may not be finalized until
1083 the energy performance analysis has been approved by the
1084 department. A lease agreement for any building leased by the
1085 state from a private sector entity shall include provisions for
1086 monthly energy use data to be collected and submitted monthly to
1087 the department by the owner of the building.
1088 Section 10. Effective July 1, 2014, subsection (1) of
1089 section 255.257, Florida Statutes, is amended to read:
1090 255.257 Energy management; buildings occupied by state
1091 agencies.—
1092 (1) ENERGY CONSUMPTION AND COST DATA.— Each state agency
1093 shall collect data on energy consumption and cost for all. The
1094 data gathered shall be on state-owned facilities and metered
1095 state-leased facilities of 5,000 net square feet or more. These
1096 data will be used in the computation of the effectiveness of the
1097 state energy management plan and the effectiveness of the energy
1098 management program of each of the state agencies. Collected data
1099 shall be reported annually to the department in a format
1100 prescribed by the department.
1101 Section 11. Section 255.46, Florida Statutes, is created to
1102 read:
1103 255.46 Underused Property Maximization Program.—
1104 (1) The Legislature finds that it is in the best interest
1105 of the state to maximize the use of underused property by
1106 identifying such property and concluding that such property
1107 cannot be used by another governmental entity before procuring
1108 facilities or real property for governmental use or disposing of
1109 underused property.
1110 (2) The Underused Property Maximization Program is created
1111 in the Department of Management Services to facilitate the
1112 efficient and cost-effective use of all facilities and real
1113 property owned, leased, rented, or occupied by governmental
1114 entities. The Department shall coordinate with the Department of
1115 Environmental Protection to use the systems and inventories
1116 created pursuant to s. 216.0152 and this section in order to
1117 comply with this section.
1118 (3) As used in this section, the term:
1119 (a) “Facility” means buildings, structures, and building
1120 systems, and includes ancillary plants, auxiliary facilities,
1121 educational facilities, and educational plants as defined in s.
1122 1013.01, and schools as defined in s. 1003.01. The term does not
1123 include transportation facilities of the state transportation
1124 system.
1125 (b) “Governmental entity” means a state agency as defined
1126 in s. 216.011, the judicial branch, the water management
1127 districts, a state university, a Florida College System
1128 institution, a county, a county agency, a municipality, a
1129 municipal agency, a special district as defined in s. 189.043, a
1130 school district under s. 1001.30, the Florida School for the
1131 Deaf and the Blind under s. 1000.04(3), the Florida Virtual
1132 School under s. 1000.04(4), and a charter school under s.
1133 1002.33.
1134 (c) “Underused property” means any facility owned, leased,
1135 rented, or otherwise occupied or maintained by a governmental
1136 entity, which is not being used to its fullest potential as
1137 currently designed or configured, and includes entire
1138 facilities, as well as underused square footage within a
1139 facility.
1140 (4) By July 1, 2014:
1141 (a) Each governmental entity must conduct and complete an
1142 inventory of all facilities and real property owned or leased by
1143 the governmental entity.
1144 (b) The department shall create, administer, and maintain a
1145 database to be used by each governmental entity to provide and
1146 access information about underused property.
1147 (5) By July 1, 2015, each governmental entity shall input
1148 into the database, in a format prescribed by the department, the
1149 following information relating to its underused property: the
1150 location, occupying entity, ownership, size, condition
1151 assessment, valuations, operating costs, maintenance record,
1152 age, parking and employee facilities, building uses, full-time
1153 equivalent occupancy, known restrictions or historic
1154 designations, leases or subleases, and associated revenues.
1155 Information that is confidential or otherwise exempt from public
1156 disclosure under federal or state law may not be included in the
1157 database. The entity shall update the required information
1158 quarterly.
1159 (6) The Department of Management Services and the
1160 Department of Environmental Protection shall, by October 1 of
1161 each year, publish a complete report detailing the inventory of
1162 underused properties of all governmental entities.
1163 (7) When seeking to procure leased or owned facilities, a
1164 governmental entity must first consult the inventory of
1165 underused properties created under this section to determine if
1166 an underused property of another governmental entity will
1167 satisfy its facility needs.
1168 (a) If the governmental entity seeking space determines
1169 that underused property can meet its needs, it shall submit a
1170 business case to the governmental entity that owns or occupies
1171 the underused property which provides, at a minimum, the
1172 proposed use of the space, proposed renovation of the space, an
1173 explanation of how the underused property meets the needs of the
1174 governmental entity, and any proposed plan for purchasing or
1175 leasing the underused property.
1176 (b) The department shall provide suggested forms for
1177 governmental entities to use in preparing a business case for
1178 obtaining the underused property.
1179 (c) If underused property has been identified and multiple
1180 governmental entities are interested in obtaining such property,
1181 preference shall be given to K-20 public educational uses over
1182 other governmental or nonprofit uses.
1183 (8) Disposition of underused property may be made by sale,
1184 lease, or similar means as determined by the governmental entity
1185 that owns or occupies the property.
1186 (a) When evaluating disposition other than sale, the
1187 evaluation must consider disposing of the property in a manner
1188 that provides the greatest combination of benefits to the
1189 general public and avoid uses that are contrary to the public
1190 interest.
1191 (b) A district school board as defined in s. 1003.01; a
1192 board of trustees described in ss. 1001.60(3), 1001.71,
1193 1002.36(4), and 1002.37(2); a governing board of a charter
1194 school identified under s. 1002.33(7); or the governing body,
1195 agency head, or other governing figure of each entity that owns
1196 property must:
1197 1. Hold a public hearing before deciding whether to dispose
1198 of the property; and
1199 2. Make the final decision regarding whether to dispose of
1200 the property based on received business plans.
1201 (c) Grounds for refusing to dispose of underused property
1202 include suitability, zoning or use conflicts, mission conflicts,
1203 compatibility issues, or a determination that the property is
1204 not conducive to the proposed use.
1205 (9) The Auditor General shall include findings relating to
1206 a governmental entity’s compliance with this section in any
1207 audits conducted pursuant to s. 11.45.
1208 (10) The department shall adopt rules to administer this
1209 section, including the procedures and requirements for
1210 submitting and updating the information and documentation
1211 relating to underused property.
1212 Section 12. Subsection (4) of section 255.503, Florida
1213 Statutes, is amended to read:
1214 255.503 Powers of the Department of Management Services.
1215 The Department of Management Services shall have all the
1216 authority necessary to carry out and effectuate the purposes and
1217 provisions of this act, including, but not limited to, the
1218 authority to:
1219 (4) Operate existing state-owned facilities in the pool,
1220 including charging fees directly to state employees for the use
1221 of parking facilities, and to pledge rentals or charges for such
1222 facilities for the improvement, repair, maintenance, and
1223 operation of such facilities, or to finance the acquisition of
1224 facilities pursuant to the provisions of this act.
1225 Section 13. Subsection (7) of section 110.171, Florida
1226 Statutes, is amended to read:
1227 110.171 State employee telework program.—
1228 (7) Agencies that have a telework program shall establish
1229 and track performance measures that support telework program
1230 analysis and report data annually to the department in
1231 accordance with s. 255.249(9) 255.249(3)(d). Such measures must
1232 include, but need not be limited to, those that quantify
1233 financial impacts associated with changes in office space
1234 requirements resulting from the telework program. Agencies
1235 operating in office space owned or managed by the department
1236 shall consult the department to ensure consistency with the
1237 strategic leasing plan required under s. 255.249(7)
1238 255.249(3)(b).
1239 Section 14. Paragraph (b) of subsection (15) of section
1240 985.682, Florida Statutes, is amended to read:
1241 985.682 Siting of facilities; study; criteria.—
1242 (15)
1243 (b) Notwithstanding s. 255.25(1)(b), the department may
1244 enter into lease-purchase agreements to provide juvenile justice
1245 facilities for the housing of committed youths, contingent upon
1246 available funds. The facilities provided through such agreements
1247 must shall meet the program plan and specifications of the
1248 department. The department may enter into such lease agreements
1249 with private corporations and other governmental entities.
1250 However, notwithstanding the provisions of s. 255.25(3)(a), a no
1251 such lease agreement may not be entered into except upon
1252 advertisement for the receipt of competitive bids and award to
1253 the lowest and best bidder except if when contracting with other
1254 governmental entities.
1255 Section 15. For the 2013-2014 fiscal year, the sums of
1256 $950,000 in nonrecurring and $50,000 in recurring funds are
1257 appropriated from the General Revenue Fund to the Department of
1258 Environmental Protection for the purpose of implementing this
1259 act.
1260 Section 16. Except as otherwise expressly provided in this
1261 act, this act shall take effect July 1, 2013.
