CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1132

    Amendment No.    

                            CHAMBER ACTION
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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.

 6

 7  (Redesignate subsequent sections.)

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 9

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,

13

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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