The Florida Senate

255.249  Department of Management Services; responsibility; department rules.--

(1)  The Department of Management Services shall have responsibility and authority for the custodial and preventive maintenance, repair, and allocation of space of all buildings in the Florida Facilities Pool and the grounds located adjacent thereto.

(2)  The department shall require any state agency planning to terminate a lease for the purpose of occupying space in a new state-owned office building, the funds for which are appropriated after June 30, 2000, to state why the proposed relocation is in the best interest of the state.

¹(3)(a)  The department shall, to the extent feasible, coordinate the vacation of privately owned leased space with the expiration of the lease on that space and, when a lease is terminated before expiration of its base term, will make a reasonable effort to place another state agency in the space vacated. Any state agency may lease the space in any building that was subject to a lease terminated by a state agency for a period of time equal to the remainder of the base term without the requirement of competitive bidding.

(b)  The department shall annually publish a report that lists, by agency, all leases that are due to expire within 24 months. The annual report must include the following information for each lease: location; size of leased space; current cost per leased square foot; lease expiration date; and a determination of whether sufficient state-owned office space will be available at the expiration of the lease to house affected employees. The report must also include a list of amendments and supplements to and waivers of terms and conditions in lease agreements that have been approved pursuant to s. 255.25(2)(a) during the previous 12 months and an associated comprehensive analysis, including financial implications, showing that any amendment, supplement, or waiver is in the state's long-term best interest. The department shall furnish this report to the Executive Office of the Governor and the Legislature by September 15 of each year. This paragraph expires July 1, 2007.

(4)  The department shall promulgate rules pursuant to chapter 120 providing:

(a)  Methods for accomplishing the duties outlined in subsection (1).

(b)  Procedures for soliciting and accepting competitive proposals for leased space of 5,000 square feet or more in privately owned buildings, for evaluating the proposals received, for exemption from competitive bidding requirements of any lease the purpose of which is the provision of care and living space for persons or emergency space needs as provided in s. 255.25(10), and for the securing of at least three documented quotes for a lease that is not required to be competitively bid.

(c)  A standard method for determining square footage or any other measurement used as the basis for lease payments or other charges.

(d)  Methods of allocating space in both state-owned office buildings and privately owned buildings leased by the state based on use, personnel, and office equipment.

¹(e)1.  Acceptable terms and conditions for inclusion in lease agreements.

2.  Such terms and conditions shall include, at a minimum, the following clauses, which may not be amended, supplemented, or waived:

a.  As provided in s. 255.2502, "The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature."

b.  "The Lessee shall have the right to terminate, without penalty, this lease in the event a State-owned building becomes available to the Lessee for occupancy in the County of __________, Florida, during the term of said lease for the purposes for which this space is being leased upon giving 6 months' advance written notice to the Lessor by Certified Mail, Return Receipt Requested."

This subparagraph expires July 1, 2007.

(f)  Maximum rental rates, by geographic areas or by county, for leasing privately owned space.

(g)  A standard method for the assessment of rent to state agencies and other authorized occupants of state-owned office space, notwithstanding the source of funds.

(h)  For full disclosure of the names and the extent of interest of the owners holding a 4-percent or more interest in any privately owned property leased to the state or in the entity holding title to the property, for exemption from such disclosure of any beneficial interest which is represented by stock in any corporation registered with the Securities and Exchange Commission or registered pursuant to chapter 517, which stock is for sale to the general public, and for exemption from such disclosure of any leasehold interest in property located outside the territorial boundaries of the United States.

(i)  For full disclosure of the names of all public officials, agents, or employees holding any interest in any privately owned property leased to the state or in the entity holding title to the property, and the nature and extent of their interest, for exemption from such disclosure of any beneficial interest which is represented by stock in any corporation registered with the Securities and Exchange Commission or registered pursuant to chapter 517, which stock is for sale to the general public, and for exemption from such disclosure of any leasehold interest in property located outside the territorial boundaries of the United States.

(j)  A method for reporting leases for nominal or no consideration.

(k)  For a lease of less than 5,000 square feet, a method for certification by the agency head or the agency head's designated representative that all criteria for leasing have been fully complied with and for the filing of a copy of such lease and all supporting documents with the department for its review and approval as to technical sufficiency.

(5)  The Department of Management Services shall prepare a form listing all conditions and requirements adopted pursuant to this chapter which must be met by any state agency leasing any building or part thereof. This form shall be certified by the agency head or the agency head's designated representative.

History.--s. 4, ch. 75-70; s. 2, ch. 78-166; s. 168, ch. 81-259; s. 34, ch. 85-349; s. 2, ch. 90-224; s. 148, ch. 95-148; s. 1, ch. 95-342; s. 11, ch. 98-279; s. 21, ch. 99-399; s. 2, ch. 2000-172; s. 19, ch. 2006-26.

¹Note.--

A.  Section 19, ch. 2006-26, amended subsection (3) and paragraph (4)(e) "[i]n order to implement Specific Appropriations 2832-2845 of the 2006-2007 General Appropriations Act." Some referenced specific appropriations or proviso language was vetoed. See ch. 2006-25, the 2006-2007 General Appropriations Act.

B.  Section 52, ch. 2006-26, provides that "[a] section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2006-2007 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." Not all portions of specifically identified appropriations or proviso language relating to the amendment of s. 255.249(3) and (4)(e) were vetoed.