CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Gutman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 41, line 24, through
15 page 43, line 21, delete those lines
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17 and insert:
18 Section 26. Paragraph (b) of subsection (2) and
19 subsection (3) of section 255.25, Florida Statutes, are
20 amended to read:
21 255.25 Approval required prior to construction or
22 lease of buildings.--
23 (2)
24 (b) The approval of the Department Division of
25 Facilities Management Services, except for technical
26 sufficiency, need not be obtained for the lease of less than
27 5,000 3,000 square feet of space within a privately owned
28 building, provided the agency head or the agency head's
29 designated representative has certified compliance with
30 applicable leasing criteria as may be provided pursuant to s.
31 255.249(2)(k) and has determined such lease to be in the best
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 interest of the state. Such a lease which is for a term
2 extending beyond the end of a fiscal year is subject to the
3 provisions of ss. 216.311, 255.2502, and 255.2503.
4 (3)(a) Except as provided in subsection (10) and
5 except for those leases negotiated pursuant to the pilot
6 project for contracted tenant brokers established by the
7 Department of Management Services in this act, no state agency
8 shall enter into a lease as lessee for the use of 5,000 3,000
9 square feet or more of space in a privately owned building
10 except upon advertisement for and receipt of competitive bids
11 and award to the lowest and best bidder. The Department of
12 Management Services Division of Facilities Management shall
13 have the authority to approve a lease for 5,000 3,000 square
14 feet or more of space that covers more than 1 fiscal year,
15 subject to the provisions of ss. 216.311, 255.2501, 255.2502,
16 and 255.2503, if such lease is, in the judgment of the
17 department division, in the best interests of the state. This
18 paragraph does not apply to buildings or facilities of any
19 size leased for the purpose of providing care and living space
20 for persons.
21 (b) The Department Division of Facilities Management
22 Services may approve extensions of an existing lease of 5,000
23 3,000 square feet or more of space if such extensions are
24 determined to be in the best interests of the state, but in no
25 case shall the total of such extensions exceed 11 months. If
26 at the end of the 11th month an agency still needs space, it
27 shall be procured by competitive bid in accordance with s.
28 255.249(2)(b).
29 (c) Any person who files an action protesting a
30 decision or intended decision pertaining to a competitive bid
31 for space to be leased by the agency pursuant to s.
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 120.57(3)(b) shall post with the state agency at the time of
2 filing the formal written protest a bond payable to the agency
3 in an amount equal to 1 percent of the estimated total rental
4 of the basic lease period or $5,000, whichever is greater
5 less, which bond shall be conditioned upon the payment of all
6 costs which may be adjudged against him or her in the
7 administrative hearing in which the action is brought and in
8 any subsequent appellate court proceeding. If the agency
9 prevails after completion of the administrative hearing
10 process and any appellate court proceedings, it shall recover
11 all costs and charges which shall be included in the final
12 order or judgment, excluding attorney's fees. Upon payment of
13 such costs and charges by the person protesting the award, the
14 bond shall be returned to him or her. If the person
15 protesting the award prevails, the bond shall be returned to
16 that person and he or she shall recover from the agency all
17 costs and charges which shall be included in the final order
18 of judgment, excluding attorney's fees.
19 Section 27. Contracted tenant brokers; pilot
20 project.--
21 (1) The Department of Management Services shall
22 undertake a pilot project in Hillsborough, Leon, Levy, and
23 Orange Counties for a contracted tenant broker to assist state
24 agencies in locating suitable private sector leases. The
25 department shall solicit qualified candidates through the
26 request for proposals process and conduct interviews of
27 finalists. The tenant broker shall be under contract to the
28 department, but all fees or commissions to be paid to the
29 tenant broker shall be paid by the ultimate private sector
30 lessor. The department shall select two brokers in each county
31 in the pilot project. Agencies may employ the services of
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 either broker in any such county for a specified period of
2 time for a given property procurement. Except for the
3 exemption from competitive bidding as described in s.
4 255.25(3)(a), Florida Statutes, current leasing procedures
5 would remain in effect, including the zone rate guidelines.
6 Brokers shall be required to disclose any conflict of interest
7 and all compensation received from transactions. Brokers'
8 compensation shall be no more than what is customarily found
9 in the marketplace. Contracts between the department and the
10 brokers shall be for a term of 1 year, renewable for an
11 additional year based on a satisfactory performance review.
12 The Department of Management Services is authorized to adopt
13 such rules as may be necessary to carry out the intent of this
14 section.
15 (2) In designing the pilot project, the department
16 shall endeavor to accomplish the following goals:
17 (a) Provide for a faster, more efficient, and
18 cost-effective lease procurement process.
19 (b) Provide access for agencies to experienced brokers
20 with knowledge of the local marketplace.
21 (c) Provide a documented, professional cost/benefit
22 analysis of all choices.
23 (d) Provide for the ability to negotiate the best
24 deal.
25 (e) Provide the ability to reject any proposal which
26 does not meet the needs of the agency.
27 (f) Provide that the Department of Management Services
28 shall have final review and approval of all leases to ensure
29 quality control.
30 (3) On or before July 1, 2000, the Department of
31 Management Services shall report to the Legislature on the
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SENATE AMENDMENT
Bill No. CS for SB 1132
Amendment No.
1 effectiveness of the pilot project and shall make
2 recommendations, in the form of legislation, if necessary, for
3 the implementation of the project on a statewide basis.
4 (4) The pilot project shall stand repealed effective
5 July 1, 2000.
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7 (Redesignate subsequent sections.)
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 3, line 10, after the first semicolon,
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14 insert:
15 exempting certain leases from the competitive
16 bidding process; providing for a pilot project
17 under the Department of Management Services for
18 contracted tenant brokers to assist state
19 agencies in locating suitable private-sector
20 leases; providing requirements of the project;
21 providing for a report; providing for future
22 repeal;
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