The Florida Senate

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

(1)  The department 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 solicitation.

(b)  The department shall develop and implement a strategic leasing plan. The strategic leasing plan shall forecast space needs for all state agencies and identify opportunities for reducing costs through consolidation, relocation, reconfiguration, capital investment, and the building or acquisition of state-owned space.

(c)  The department shall annually publish a master leasing report. The department shall furnish the master leasing report to the Executive Office of the Governor and the Legislature by September 15 of each year which provides the following information:

1.  A list, by agency and by geographic market, of all leases that are due to expire within 24 months.

2.  Details of each lease, including location, size, 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 accommodate affected employees.

3.  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.

4.  Financial impacts to the pool rental rate due to the sale, removal, acquisition, or construction of pool facilities.

5.  Changes in occupancy rate, maintenance costs, and efficiency costs of leases in the state portfolio. Changes to occupancy costs in leased space by market and changes to space consumption by agency and by market.

6.  An analysis of portfolio supply and demand.

7.  Cost-benefit analyses of acquisition, build, and consolidation opportunities, recommendations for strategic consolidation, and strategic recommendations for disposition, acquisition, and building.

8.  The updated plan required by s. 255.25(4)(c).

(d)  By June 30 of each year, each state agency shall annually provide to the department all information regarding agency programs affecting the need for or use of space by that agency, reviews of lease-expiration schedules for each geographic area, active and planned full-time equivalent data, business case analyses related to consolidation plans by an agency, and current occupancy and relocation costs, inclusive of furnishings, fixtures and equipment, data, and communications.

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

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

(b)  Procedures for soliciting and accepting competitive solicitations for leased space of 5,000 square feet or more in privately owned buildings, for evaluating the proposals received, for exemption from competitive solicitations 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 solicited.

(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.

(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 upon giving 6 months' advance written notice to the Lessor by Certified Mail, Return Receipt Requested."

(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.

(l)  A standardized format for state agency reporting of the information required by paragraph (3)(d).

(5)  The department 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. Before executing any lease, this form shall be certified by the agency head or the agency head's designated representative and submitted to the department.

²(6)  The department may contract for real estate consulting or tenant brokerage services in order to carry out its duties relating to the strategic leasing plan. The contract shall be procured pursuant to s. 287.057 The vendor that is awarded the contract shall be compensated by the department, subject to the provisions of the contract, and such compensation is subject to appropriation by the Legislature. The real estate consultant or tenant broker may not receive compensation directly from a lessor for services that are rendered pursuant to the contract. Moneys paid to the real estate consultant or tenant broker are exempt from any charge imposed under s. 287.1345 Moneys paid by a lessor to the department under a facility-leasing arrangement are not subject to the charges imposed under s. 215.20

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; ss. 16, 17, 54, ch. 2007-73; s. 2, ch. 2007-220.

¹Note.--

A.  Section 16, ch. 2007-73, amended subsections (3) and (4), and added subsection (6) "[i]n order to implement Specific Appropriations 2286A and 2915 through 2928 of the 2007-2008 General Appropriations Act."

B.  Section 17, ch. 2007-73, provides that "[t]he amendments to s. 255.249, Florida Statutes, made by this act shall expire July 1, 2008, and the text of that section shall revert to that in existence on June 30, 2007, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to this section."

C.  Section 54, ch. 2007-73, provides that "[i]f any other act passed in 2007 contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act." Section 2, ch. 2007-220, amended subsections (3) and (4) and did not include a repeal provision.

²Note.--

A.  Section 16, ch. 2007-73, amended subsections (3) and (4), and added subsection (6) "[i]n order to implement Specific Appropriations 2286A and 2915 through 2928 of the 2007-2008 General Appropriations Act."

B.  Section 17, ch. 2007-73, provides that "[t]he amendments to s. 255.249, Florida Statutes, made by this act shall expire July 1, 2008, and the text of that section shall revert to that in existence on June 30, 2007, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of such text which expire pursuant to this section."

C.  Section 54, ch. 2007-73, provides that "[i]f any other act passed in 2007 contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act." Section 2, ch. 2007-220, created subsection (6) and did not include a repeal provision.

D.  Section 4, ch. 2007-220, provides that "[r]ecognizing that a term contract consistent with the requirements of ss. 255.25(3) and 255.249(6), Florida Statutes, cannot be competitively established prior to July 1, 2007, and notwithstanding any provision of law to the contrary, between July 1, 2007 and October 15, 2007, with the prior written approval of the Department of Management Services, an agency may use the services of a tenant broker currently under contract with the department notwithstanding that such contract was procured prior to March 1, 2007. After July 1, 2007, funds generated through the payment of commissions by third-party landlords shall be deposited into a trust fund of the Department of Management Services and distributed to the tenant broker through the appropriations process provided for in s. 255.249(6), Florida Statutes, or other provision of law. This section shall not be construed to abrogate any existing contract between the department and a tenant broker, and is intended to clarify the procedure for payment to the tenant broker, for commissions earned through successfully completed transactions under a contract procured prior to March 1, 2007."