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





                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Rubio offered the following:

12

13         Substitute Amendment for Amendment (693731) (with title

14  amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Paragraph (g) is added to subsection (3) of

19  section 216.043, Florida Statutes, to read:

20         216.043  Budgets for fixed capital outlay.--

21         (3)  Each legislative budget request for fixed capital

22  outlay submitted shall contain:

23         (g)  The unamortized cost of tenant improvements under

24  any lease executed after September 30, 2000, which is

25  terminated prior to the expiration of its term for the purpose

26  of relocating to a state-owned building.

27         Section 2.  Section 255.249, Florida Statutes, is

28  amended to read:

29         255.249  Department of Management Services;

30  responsibility; department rules.--

31         (1)  The Department of Management Services shall have

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1  responsibility and authority for the custodial and preventive

 2  maintenance, repair, and allocation of space of all buildings

 3  in the Florida Facilities Pool and the grounds located

 4  adjacent thereto.

 5         (2)  The department shall require any state agency

 6  planning to terminate a lease for the purpose of occupying

 7  space in a new state-owned office building appropriated after

 8  June 30, 2000, to state why the proposed relocation is in the

 9  best interest of the state.

10         (3)  The department shall, to the extent feasible,

11  coordinate the vacation of privately owned leased space with

12  the expiration of the lease on that space and, when a lease is

13  terminated prior to expiration of its base term, shall make a

14  reasonable effort to place another state agency in the space

15  vacated. Any state agency may lease the space in any building

16  which was subject to a lease terminated by a state agency for

17  a period of time equal to the remainder of the base term

18  without the requirement of competitive bidding.

19         (4)(2)  The department shall promulgate rules pursuant

20  to chapter 120 providing:

21         (a)  Methods for accomplishing the duties outlined in

22  subsection (1).

23         (b)  Procedures for soliciting and accepting

24  competitive proposals for leased space of 5,000 square feet or

25  more in privately owned buildings, for evaluating the

26  proposals received, for exemption from competitive bidding

27  requirements of any lease the purpose of which is the

28  provision of care and living space for persons or emergency

29  space needs as provided in s. 255.25(10), and for the securing

30  of at least three documented quotes for a lease that is not

31  required to be competitively bid.

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1         (c)  A standard method for determining square footage

 2  or any other measurement used as the basis for lease payments

 3  or other charges.

 4         (d)  Methods of allocating space in both state-owned

 5  office buildings and privately owned buildings leased by the

 6  state based on use, personnel, and office equipment.

 7         (e)  Acceptable terms and conditions for inclusion in

 8  lease agreements.

 9         (f)  Maximum rental rates, by geographic areas or by

10  county, for leasing privately owned space.

11         (g)  A standard method for the assessment of rent to

12  state agencies and other authorized occupants of state-owned

13  office space, notwithstanding the source of funds.

14         (h)  For full disclosure of the names and the extent of

15  interest of the owners holding a 4-percent or more interest in

16  any privately owned property leased to the state or in the

17  entity holding title to the property, for exemption from such

18  disclosure of any beneficial interest which is represented by

19  stock in any corporation registered with the Securities and

20  Exchange Commission or registered pursuant to chapter 517,

21  which stock is for sale to the general public, and for

22  exemption from such disclosure of any leasehold interest in

23  property located outside the territorial boundaries of the

24  United States.

25         (i)  For full disclosure of the names of all public

26  officials, agents, or employees holding any interest in any

27  privately owned property leased to the state or in the entity

28  holding title to the property, and the nature and extent of

29  their interest, for exemption from such disclosure of any

30  beneficial interest which is represented by stock in any

31  corporation registered with the Securities and Exchange

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1  Commission or registered pursuant to chapter 517, which stock

 2  is for sale to the general public, and for exemption from such

 3  disclosure of any leasehold interest in property located

 4  outside the territorial boundaries of the United States.

 5         (j)  A method for reporting leases for nominal or no

 6  consideration.

 7         (k)  For a lease of less than 5,000 square feet, a

 8  method for certification by the agency head or the agency

 9  head's designated representative that all criteria for leasing

10  have been fully complied with and for the filing of a copy of

11  such lease and all supporting documents with the department

12  for its review and approval as to technical sufficiency.

13         (l)  The agency and the lessor, when entering into a

14  lease of 5,000 or more square feet of a privately owned

15  building, shall, prior to the effective date of the lease,

16  agree upon and separately state the cost of tenant

17  improvements which may qualify for reimbursement if the lease

18  is terminated prior to the expiration of its base term. The

19  department shall serve as mediator if the agency and the

20  lessor are unable to agree. The amount agreed upon and stated

21  shall, if appropriated, be amortized over the original base

22  term of the lease on a straight-line basis.

23         (m)  The unamortized portion of the tenant

24  improvements, if appropriated, shall be paid in equal monthly

25  installments over the remaining term of the lease. If any

26  portion of the original leased premises is occupied after

27  termination but during the original term by a tenant which

28  does not require material changes to the premises, then the

29  repayment of the cost of tenant improvements applicable to the

30  occupied but unchanged portion shall be abated during

31  occupancy. The portion of the repayment to be abated shall be

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1  based on the ratio of leased space to unleased space.

 2         (5)(3)  The Department of Management Services shall

 3  prepare a form listing all conditions and requirements adopted

 4  pursuant to this chapter which must be met by any state agency

 5  leasing any building or part thereof.  This form shall be

 6  certified by the agency head or the agency head's designated

 7  representative.

 8         Section 3.  Paragraph (b) of subsection (2), paragraph

 9  (b) of subsection (3), and subsection (10) of section 255.25,

10  Florida Statutes, are amended to read:

11         255.25  Approval required prior to construction or

12  lease of buildings.--

13         (2)

14         (b)  The approval of the Department of Management

15  Services, except for technical sufficiency, need not be

16  obtained for the lease of less than 5,000 square feet of space

17  within a privately owned building, provided the agency head or

18  the agency head's designated representative has certified

19  compliance with applicable leasing criteria as may be provided

20  pursuant to s. 255.249(4)(2)(k) and has determined such lease

21  to be in the best interest of the state. Such a lease which is

22  for a term extending beyond the end of a fiscal year is

23  subject to the provisions of ss. 216.311, 255.2502, and

24  255.2503.

25         (3)

26         (b)  The Department of Management Services may approve

27  extensions of an existing lease of 5,000 square feet or more

28  of space if such extensions are determined to be in the best

29  interests of the state, but in no case shall the total of such

30  extensions exceed 11 months.  If at the end of the 11th month

31  an agency still needs space, it shall be procured by

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1  competitive bid in accordance with s. 255.249(4)(2)(b).

 2         (10)  The Department of Management Services may approve

 3  emergency acquisition of space without competitive bids if

 4  existing state-owned or state-leased space is destroyed or

 5  rendered uninhabitable by an act of God, fire, malicious

 6  destruction, or structural failure, or by legal action, if the

 7  chief administrator of the state agency or the chief

 8  administrator's designated representative certifies in writing

 9  that no other agency-controlled space is available to meet

10  this emergency need, but in no case shall the lease for such

11  space exceed 11 months. If the lessor elects not to replace or

12  renovate the destroyed or uninhabitable facility, the agency

13  shall procure the needed space by competitive bid in

14  accordance with s. 255.249(4)(2)(b).  If the lessor elects to

15  replace or renovate the destroyed or uninhabitable facility

16  and the construction or renovations will not be complete at

17  the end of the 11-month lease, the agency may modify the lease

18  to extend it on a month-to-month basis for an additional 6

19  months to allow completion of such construction or

20  renovations.

21         Section 4.  This act shall take effect upon becoming a

22  law.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27  remove from the title of the bill:

28

29  and insert in lieu thereof:

30                      A bill to be entitled

31         An act relating to state leases; amending s.

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                                                   HOUSE AMENDMENT

    736-107AX-06                                  Bill No. HB 2007

    Amendment No.     (for drafter's use only)





 1         216.043, F.S.; revising language with respect

 2         to budget for fixed capital outlay; providing

 3         an additional requirement; amending s. 255.249,

 4         F.S.; requiring state agencies to present

 5         justification prior to terminating a lease of

 6         privately owned property; providing for the

 7         coordination and assumption of the remaining

 8         term of a lease terminated by a state agency

 9         prior to the end of its base term; providing

10         for the determination and amortization of the

11         cost of tenant improvements; providing a

12         process for the recovery of unamortized cost of

13         tenant improvements when a lease is terminated

14         prior to the end of its base term; amending s.

15         255.25, F.S.; revising cross references, to

16         conform; providing an effective date.

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