House Bill 1739
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1739
By Representative Greenstein
1 A bill to be entitled
2 An act relating to public property and
3 buildings; designating the procedure for the
4 sale of public property to the tenants
5 conducting the majority of business in a state
6 facility; authorizing the Division of
7 Facilities Management to procure real estate
8 appraisals on a state facility and requiring
9 the division to institute a procedure to
10 negotiate the sale or privatization of a state
11 facility; requiring a state facility to meet
12 certain criteria; providing an effective date.
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14 WHEREAS, the State of Florida currently owns
15 significant public properties and buildings, known as state
16 facilities, and
17 WHEREAS, the Florida Legislature wishes to promote
18 businesses of Florida while upgrading certain state facilities
19 through privatization, and
20 WHEREAS, certain state facilities need considerable
21 capital improvements to continue to provide the services
22 necessary for Florida businesses, and
23 WHEREAS, it is the Legislature's public policy to
24 promote private industry in areas such as property
25 construction, renovation, and management, and
26 WHEREAS, certain state facilities are operating without
27 significant capital improvements to fully optimize the use of
28 the state facilities, NOW, THEREFORE,
29
30 Be It Enacted by the Legislature of the State of Florida:
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1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1739
706-117-00
1 Section 1. Division of Facilities Management of the
2 Department of the Management Services to institute a program
3 of privatization of certain state facilities.--
4 (1) The Division of Facilities Management shall
5 privatize certain state facilities where the majority of
6 tenants on the facility are private businesses, the majority
7 of the private business tenants petition the division, and the
8 facility meets one or more of the following criteria:
9 (a) The facility is more than 25 years old and is in
10 need of substantial capital improvements;
11 (b) The Office of Program Policy Analysis and
12 Government Accountability has issued a report questioning the
13 long-term viability of the facility or states that the sale of
14 the facility is appropriate;
15 (c) The state agency has provided in its budget for
16 substantial capital improvements and the budget request has
17 gone unfunded for 2 consecutive years;
18 (d) The state facility requires asbestos removal from
19 the buildings on the facility and such removal has not been
20 undertaken within 2 years of discovery; or
21 (e) The department has made budget requests for
22 substantial improvements that have remained unfunded for 2
23 years.
24 (2) For purposes of this section, the term
25 "substantial capital improvement" means that the cost of the
26 capital improvement would exceed 25 percent of the appraised
27 value of the property. This includes the cost of removal and
28 replacement of outdated facilities.
29 (3) The Division of Facilities Management shall have 6
30 months from the date of the receipt of the petition to procure
31 up to three appraisals of the facility for purposes of
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1739
706-117-00
1 negotiating with the petitioning tenants to sell the facility
2 for the average price of the appraisals.
3 (4) The agreement for purchase shall be executed by
4 the appropriate department within 90 days after the return of
5 the appraisals.
6 (5) Notwithstanding any other provision of this
7 section, the petitioning tenants shall have a right of first
8 refusal to purchase the state facility, provided the majority
9 of the tenants have petitioned the division.
10 (6) The department selling the facility and receiving
11 the moneys from such sale shall pay the expenses of the sale
12 to the Division of Facilities Management and the proceeds from
13 the sale shall be utilized for capital improvements of other
14 state facilities.
15 Section 2. This act shall take effect upon becoming a
16 law.
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19 HOUSE SUMMARY
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Directs the Division of Facilities Management of the
21 Department of Management Services to privatize certain
state facilities where the majority of tenants on the
22 facility are private businesses and the majority of such
private business tenants petition the division and meet
23 other described criteria. Provides procedures. See bill
for details.
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