Bill Text: FL S1134 | 2012 | Regular Session | Introduced
Bill Title: State-owned or Leased Space
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-09 - Died in Governmental Oversight and Accountability [S1134 Detail]
Download: Florida-2012-S1134-Introduced.html
Florida Senate - 2012 SB 1134 By Senator Hays 20-00446B-12 20121134__ 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 providemakethe data 78availablein a format acceptable to the Department of Management 79 Services by July 1 of each year. By March 15, 2011, the 80 Department of Management Services shall adopt rulespursuant to81ss.120.536and120.54to administer this section. 82(2) For the purpose of assessing needed repairs and83renovations of facilities, the Department of Management Services84shall update its inventory with condition information for85facilities of 3,000 square feet or more and cause to be updated86the other inventories required by subsection (1) at least once87every 5 years, but the inventories shall record acquisitions of88new facilities and significant changes in existing facilities as89they occur. The Department of Management Services shall provide90each agency and the judicial branch with the most recent91inventory applicable to that agency or to the judicial branch.92Each agency and the judicial branch shall, in the manner93prescribed by the Department of Management Services, report94significant changes in the inventory as they occur. Items95relating to the condition and life-cycle cost of a facility96shall 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 subsectionthis inventory and shall106publish an annual update of the report.The department shall107furnish the updated report to the Executive Office of the108Governor and the Legislature no later than September 15 of each109year.110 Section 2. Section 255.248, Florida Statutes, is amended to 111 read: 112 255.248 Definitions; ss.255.249and255.25.—As used in ss. 113 255.248-255.25255.249and255.25, the term: 114 (1) “Best leasing value” means the highest overall value to 115 the state based on objective factors that include, but are not 116 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 whothathas 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. TheThisterm 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 or 155 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 to 162 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 adjacentthegroundslocated 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 aanystate 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 30,1772000,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, ifwhena lease is 182 terminated before expiration of its base term,willmake a 183 reasonable effort to place another state agency in the space 184 vacated. AAnystate 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 187the requirement ofcompetitive 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 mustshall203 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 210furnishthemasterleasing report and plan to the Executive 211 Office of the Governor and the Legislature by October 1. The 212 report must provideSeptember 15 of each year which providesthe 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, cost 217 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 shallannuallyprovide 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 the 254 department any vacant or underutilized space for all state-owned 255 office buildings and any restrictions that would apply to any 256 other agency occupying the vacant space. It shall also notify 257 the department of any significant changes to its occupancy in 258 the coming fiscal year. 259 (10)(4)The department shall adopt rulespursuant to260chapter 120providing: 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 2,0005,000square 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 any 273 other measurement used as the basis for lease payments or other 274 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. 2802.At a minimum, such terms and conditions mustshall281 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 hasshall havethe right to terminate, 287 without penalty, this lease ifin the eventa 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 county, 292 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 percent4-percentor more 298 interest inanyprivately 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 thatwhichis 301 represented by stock in aanycorporation registered with the 302 Securities and Exchange Commission or registered pursuant to 303 chapter 517,whichstockis 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 thatwhichis represented by stock in any 313 corporation registered with the Securities and Exchange 314 Commission or registered pursuant to chapter 517,whichstockis 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 2,0005,000square 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 forthefilingofa 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 the 328 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 mustshall334 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 mustshallbe 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 beforeprior toconstruction or 351 lease of buildings.— 352 (1)(a)A state agency may not lease space in a private353building that is to be constructed for state use unless prior354approval of the architectural design and preliminary355construction 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 oranyother 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 ifeitherthe agency or lessor 370 requests intervention by the department. 371 (c) If expresslyWhen specificallyauthorized 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 ifwhenit 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 381thereforis first obtained from the department. AnAnyapproved 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 departmentof Management Servicesand s. 255.2502. 386 (b) For the lease of less than 2,0005,000square 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 Representativesand398thepresiding officers of each house of the Legislatureof such 399 finding in writing. A lease that is for a term extending beyond 400 the end of a fiscal year is subject tothe provisions ofss. 401 216.311, 255.2502, and 255.2503. 402 (c) The department shall adoptas a ruleuniform leasing 403 procedures by rule for use by each state agencyother than the404Department 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 in 409 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 leasethereforis 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. AnAnyapproved 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 departmentof421Management Servicesand 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 4245,000square feet or more of space in a privately or government 425 ownedownedbuilding except upon advertisement for and receipt 426 of competitive solicitations. 427 1.a. An invitation to bid mustshallbe made available 428 simultaneously to all lessors andmustinclude 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 promptness 441 by written notice to the responsible and responsive lessor who 442thatsubmits the lowest responsive bid. This bid must be 443 determined in writing to meet the requirements and criteria set 444 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 mustshallbe 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 mustshallinclude 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 an 468 invitation to bid or a request for proposals will not result in 469 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 beforeprior to theadvertisement 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 andshallselect, 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 whothatthe 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 departmentof Management Servicesshall have the 499 authority to approve a lease for 2,0005,000square feet or more 500 of space whichthatcovers more than 1 fiscal year, subject to 501the provisions ofss. 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 2,0005,000square 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 shallthe 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) 516255.249(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 or 527 intended decision pertaining to a competitive solicitation for 528 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 533shall beconditioned onuponthe 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 540attorney’sfees. 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 mustshallbe 545 included in the final order of judgment, excluding attorney 546attorney’sfees. 547 (e) The agency and the lessor, when entering into a lease 548 for 2,0005,000or 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 whothatdoes 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 mustshallbe based on the ratio of leased space to 566 unleased space. 567 (g) Notwithstanding s. 287.056(1), a state agency shall 568may, at the sole discretion of the agency head or his or her569designee,use the services of a tenant broker to assist with a 570 lease actiona competitive solicitationundertaken by the 571 agency. If usingIn making its determination whether to use a572tenant broker, a state agency shall consult with the department.573A state agency may not use the services of a tenant broker574unless the tenant broker is under a term contract with the state575which complies with paragraph (h). If a state agency usesthe 576 services of a tenant broker with respect to a transaction, the 577 agency may not enter into a lease with aanylandlord for whom 578to whichthe 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 procureaterm contracts 582contractfor tenant brokerreal estate consulting and brokerage583 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 whothatare licensed in 590 this state under chapter 475 and whothathave 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 mustshallbe 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 information 617 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 employeeFTE. 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 mayshallnot authorize any state 632 agency to enter into a lease agreement for space in a privately 633 owned building ifwhensuitable 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 thesuchrequest. 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 tothe provisions ofss. 255.2501, 255.2502, and 644 255.2503. Agencies may useutilizeunexpended 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 ifwhenstate-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 departmentof Management Servicesshall 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 includeshall furnishthis 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 departmentof660Management Servicesshall ascertain, through thebysubmission 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 divisionof State Fire Marshal. The review of construction or 665 renovation plans for state-leased space mustshallbe completed 666 within 10 calendar days afterofreceipt of the plans by the 667 divisionof State Fire Marshal. The review of construction or 668 renovation plans for a state-owned building mustshallbe 669 completed within 30 calendar days afterofreceipt of the plans 670 by the divisionof State Fire Marshal. The responsibility for 671 submission and retrieval of the plans maycalled for in this672subsection shallnot be imposed on the design architect or 673 engineer, but isshall bethe responsibility of the two 674 agencies. IfWheneverthe Division of State Fire Marshal 675 determines that a construction or renovation plan is not in 676 compliance withsuchuniform firesafety standards, the division 677of State Fire Marshalmay issue an order to cease all 678 construction or renovation activities until compliance is 679 obtained, except those activities required to achievesuch680 compliance. The lessor shall provide the department with 681 documentation that the facility meets all requirements of 682department of Management Services shall withhold approval of any683proposed lease until the construction or renovation plan684complies withthe uniform firesafety standardsof the Division685of 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 departmentof Management691Servicesmust 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 with697chapter 120,The departmentof Management Servicesshall adopt 698 any rules necessary for ensuringrules to ensurethat allsuch699 proposed state construction and substantial improvement of state 700 buildings in designated flood-prone areas complies with the 701 flood plain management criteria. IfWheneverthe 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. This711section does not apply toany 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, areshall beexempt from the competitive bid 718 requirements for leasing pursuant to this section if the 719 executive head of aanystate agency certifies in writing that 720 thesaidfacility is available from a single source and that the 721 competitive bid requirements would be detrimental to the state. 722 Such certification mustshallinclude documentation of evidence 723 of steps taken to determine sole-source status. 724 (10) The departmentof Management Servicesmay 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 shallthe 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 whichthatis 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 mustshallattest 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 identify 753 and maintain a current listing of the job classifications and 754 positions that the agency considers appropriate for 755 telecommuting. Agencies that adopt a state employee 756 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) 764255.249(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 mustshallmeet 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 notwithstandingthe provisions ofs. 255.25(3)(a), ano such778 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.