Senate Bill 1774c1
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Florida Senate - 1999 CS for SB 1774
By the Committee on Governmental Oversight and Productivity;
and Senator Lee
302-2049-99
1 A bill to be entitled
2 An act relating to state-owned property;
3 amending s. 230.23162, F.S.; directing the
4 Department of Management Services to seek
5 proposals for the use or transfer of a
6 specified state facility; requiring the
7 department to take steps to preserve the
8 facility; providing an effective date.
9
10 WHEREAS, the Legislature has affirmed its commitment to
11 the development of public safety, and
12 WHEREAS, this commitment must take into consideration
13 the needs of local communities that wish to enter partnerships
14 with the state of Florida, and
15 WHEREAS, the foundation for a justice partnership is no
16 more evident or important than with our youth, and
17 WHEREAS, the state's commitment to public safety has
18 been evidenced in the development of alternative residential
19 facilities for troubled youth, and
20 WHEREAS, the state must explore all opportunities that
21 make the commitment of public resources the most
22 cost-effective and sound for all residents, and
23 WHEREAS, a working group of public officials,
24 representing state and local government, has made an extensive
25 evaluation and detailed preliminary recommendations for
26 possible uses for the site and assets acquired and owned under
27 former section 985.402, Florida Statutes, and
28 WHEREAS, the interest of the local community in such
29 site continues to be of great concern, and local residents are
30 to be commended for the many hours they have spent in
31 providing information to the working group, and
1
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Florida Senate - 1999 CS for SB 1774
302-2049-99
1 WHEREAS, the commitment to public safety can best be
2 fulfilled through further exploration of creative partnerships
3 with state and local government and the public and private
4 sectors, NOW, THEREFORE,
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Section 230.23162, Florida Statutes, 1998
9 Supplement, is amended to read:
10 230.23162 Residential public education facility.--
11 (1) Ownership of the facility and related assets
12 authorized under former s. 985.402, is transferred to the
13 Department of Management Services. The Department of
14 Management Services shall direct change orders in existing
15 construction contracts necessary to complete construction to
16 the extent necessary to stabilize assets and prepare the
17 facility for future utilization. The Department of Management
18 Services shall provide administrative, site inspection, and
19 security services as necessary to carry out the provisions of
20 this section. The Department of Management Services shall have
21 access to all state funds previously appropriated to the
22 Alternative Education Institute for this purpose.
23 (a) The Department of Management Services shall
24 continue to work with contractors to weatherize, close in, and
25 stabilize the facility, protect the assets, and resolve any
26 claims regarding the facility.
27 (b) The Department of Management Services should
28 continue to facilitate interest by private entities or public
29 entities capable of serving as either owner, occupant, or
30 fiscal agent for a public-private partnership. Any entity,
31 public, private, or a public-private partnership, must meet
2
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Florida Senate - 1999 CS for SB 1774
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1 all of the criteria specified in the revised Department of
2 Management Services Request for Proposal dated August 21,
3 1998, and issued pursuant to chapter 98-209, Laws of Florida.
4 (2) The Department of Management Services, in
5 cooperation with the relevant state agencies, is directed to
6 continue to receive and evaluate proposals for the use or
7 transfer of the facility described in subsection (1) and,
8 after taking into account local and state concerns and
9 interests, may make a final disposition for use or transfer of
10 such facility, subject to the notice, review, and objection
11 procedures of s. 216.177.
12 (a) The Department of Management Services shall
13 continue to invite public-agency proposals and related funding
14 requests, from either state or local agencies, to provide an
15 education program for nonadjudicated youth, and also to
16 continue to encourage other proposals and funding requests
17 consistent with state and local community needs and concerns.
18 (b) Upon request, the Department of Management
19 Services shall continue to work with project proposers who
20 submitted proposals, and an addendum to proposals, to the
21 working group pursuant to chapter 98-209, Laws of Florida.
22 (c) In considering proposals, the Department of
23 Management Services and the Legislature shall take into
24 account local and state interests and concerns.
25 (2)(a) A working group is formed to develop a plan for
26 the use of the facility and to develop a request for proposals
27 or request for information for operation of the program by a
28 private contractor. The working group shall be composed of
29 eight members: one member each from the Department of
30 Education, Department of Juvenile Justice, and Department of
31 Children and Family Services; one member appointed by the
3
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Florida Senate - 1999 CS for SB 1774
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1 President of the Senate; one member appointed by the Speaker
2 of the House of Representatives; one representative of the
3 13th judicial circuit of Hillsborough County, to be appointed
4 by the Chief Circuit Judge; one representative of the
5 Hillsborough School District, and one representative from
6 local law enforcement to be appointed by the Sheriff of
7 Hillsborough County. The Department of Education shall provide
8 administrative support for the working group.
9 (b) The group shall assess needs of categories of
10 clients served by the member agencies in evaluating possible
11 uses for the facility in meeting the needs of the clients. The
12 group shall identify client categories that may be served
13 through the use of the facility, shall outline a program
14 structure, and shall make further recommendations, including a
15 proposed private provider for implementation. The group should
16 consider previous recommendations for use of the facility, and
17 shall specifically consider the viability of prior proposals
18 submitted for use of the facility in the fiscal year
19 1997-1998. The group shall be formed and activated when this
20 act becomes law.
21 (3) The Department of Management Services shall survey
22 state agencies, and shall invite bids and proposals from state
23 agencies, local government agencies, federal agencies, and the
24 private sector for the use or disposition of the facility and
25 related assets, no later than June 15, 1998. Notwithstanding
26 any law to the contrary, the Department of Management Services
27 shall set a deadline for receipt of bids and proposals of not
28 less than 3 months after the invitation for bids and proposals
29 is advertised. By October 1, 1998, the Department of
30 Management Services shall evaluate all bids and proposals and
31 make a recommendation to the working group created under this
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Florida Senate - 1999 CS for SB 1774
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1 section regarding proposed uses for the facility, taking into
2 account local and state interests and concerns.
3 (4) Taking into consideration the recommendation of
4 the Department of Management Services, and local and state
5 concerns and interests, the working group shall, no later than
6 November 1, 1998, make a final determination for the use or
7 disposition of the facility and related assets planned,
8 constructed, acquired, and equipped pursuant to Specific
9 Appropriation 2012A of the 1994-1995 General Appropriations
10 Act, and shall be disbanded upon that date. Such
11 determination shall be subject to the notice, review, and
12 objection procedures of s. 216.177. If the final determination
13 made by the working group is objected to under s. 216.177, the
14 final determination for the facility and related assets shall
15 be made by the Legislature during the 1999 Regular Session.
16 Section 2. This act shall take effect upon becoming a
17 law.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 SB 1774
21
22 Requires the Department of Management Services to stabilize
the facility by weatherizing and enclosing it.
23
Requires the department to continue to facilitate interest in
24 the site by private and public entities.
25 Requires the department to invite proposals to provide an
educational program for nonadjudicated youths.
26
Requires the department to continue to work with entities who
27 submitted project proposals.
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