Senate Bill 1902

    Florida Senate - 2000                                  SB 1902

    By Senator Geller





    29-1160-00

  1                      A bill to be entitled

  2         An act relating to public facilities;

  3         designating the procedure for the sale of

  4         public facilities to tenants; authorizing the

  5         Department of Management Services to procure

  6         real estate appraisals and requiring the

  7         department to institute a procedure for

  8         negotiating the sale and privatization of the

  9         facilities; requiring that such a facility be

10         of a specified age and in need of substantial

11         renovation before it may be sold; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  (1)  The Department of Management Services

17  shall privatize the ownership of certain state facilities

18  where the majority of tenants are private businesses and the

19  majority of such tenants petition the department to sell the

20  facility if the facility meets any of the following criteria:

21         (a)  The facility is more than 25 years old and is in

22  need of substantial capital improvements, the cost of which

23  exceeds 25 percent of the appraised value of the property,

24  including the cost of removal and replacement of outdated

25  facilities;

26         (b)  The Office of Program Policy Analysis and

27  Governmental Accounting has issued a report questioning the

28  long-term viability of the facility or stating that the sale

29  of the facility is appropriate;

30

31

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






    Florida Senate - 2000                                  SB 1902
    29-1160-00




  1         (c)  A state agency has provided in its budget for

  2  substantial capital improvements and the budget request has

  3  gone unfunded for 2 consecutive years;

  4         (d)  The facility requires asbestos removal and such

  5  removal has not been undertaken within 2 years after discovery

  6  of the asbestos;

  7         (e)  The department has made budget requests for

  8  substantial improvements that have remained unfunded for at

  9  least 2 years.

10         (2)  The Department of Management Services shall have 6

11  months from the date of the receipt of the petition to procure

12  up to three appraisals of the facility for purposes of

13  negotiating to sell the facility for the average price of the

14  appraisals.

15         (3)  An agreement for purchase shall be executed by the

16  appropriate state agency within 90 days after the return of

17  the appraisals at the average price of the three appraisals.

18         (4)  The petitioning tenants have a right of first

19  refusal to purchase the facility if the majority of the

20  tenants have joined in the petition.

21         (5)  The agency selling the facility and receiving the

22  moneys shall pay the expenses of the sale to the Department of

23  Management Services, which shall use the proceeds from the

24  sale for capital improvements of other state facilities.

25         Section 2.  This act shall take effect upon becoming a

26  law.

27

28            *****************************************

29                          SENATE SUMMARY

30    Provides for the Department of Management Services to
      institute a program to sell certain older state-owned
31    facilities. Provides procedures and guidelines for the
      program.
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