CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2007, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Rubio offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (g) is added to subsection (3) of
18 section 216.043, Florida Statutes, to read:
19 216.043 Budgets for fixed capital outlay.--
20 (3) Each legislative budget request for fixed capital
21 outlay submitted shall contain:
22 (g) The unamortized cost of tenant improvements under
23 any lease executed after September 30, 2000, which is
24 terminated before the expiration of its term for the purpose
25 of relocating to a state-owned building.
26 Section 2. Present subsections (2) and (3) of section
27 255.249, Florida Statutes, are renumbered as subsections (4)
28 and (5), respectively, and new subsections (2) and (3) are
29 added to that section, to read:
30 255.249 Department of Management Services;
31 responsibility; department rules.--
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HOUSE AMENDMENT
Bill No. HB 2007, 1st Eng.
Amendment No. (for drafter's use only)
1 (2) The department shall require any state agency
2 planning to terminate a lease for the purpose of occupying
3 space in a new state-owned office building, the funds for
4 which are appropriated after June 30, 2000, to state why the
5 proposed relocation is in the best interest of the state.
6 (3) The department shall, to the extent feasible,
7 coordinate the vacation of privately owned leased space with
8 the expiration of the lease on that space and, when a lease is
9 terminated before expiration of its base term, will make a
10 reasonable effort to place another state agency in the space
11 vacated. Any state agency may lease the space in any building
12 that was subject to a lease terminated by a state agency for a
13 period of time equal to the remainder of the base term without
14 the requirement of competitive bidding.
15 Section 3. Paragraphs (d) and (e) are added to
16 subsection (3) of section 255.25, Florida Statutes, to read:
17 255.25 Approval required prior to construction or
18 lease of buildings.--
19 (3)
20 (d) The agency and the lessor, when entering into a
21 lease for 5,000 or more square feet of a privately owned
22 building, shall, before the effective date of the lease, agree
23 upon and separately state the cost of tenant improvements
24 which may qualify for reimbursement if the lease is terminated
25 before the expiration of its base term. The department shall
26 serve as mediator if the agency and the lessor are unable to
27 agree. The amount agreed upon and stated shall, if
28 appropriated, be amortized over the original base term of the
29 lease on a straight-line basis.
30 (e) The unamortized portion of tenant improvements, if
31 appropriated, will be paid in equal monthly installments over
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HOUSE AMENDMENT
Bill No. HB 2007, 1st Eng.
Amendment No. (for drafter's use only)
1 the remaining term of the lease. If any portion of the
2 original leased premises is occupied after termination but
3 during the original term by a tenant that does not require
4 material changes to the premises, the repayment of the cost of
5 tenant improvements applicable to the occupied but unchanged
6 portion shall be abated during occupancy. The portion of the
7 repayment to be abated shall be based on the ratio of leased
8 space to unleased space.
9 Section 4. The Board of Trustees of the Internal
10 Improvement Trust Fund shall institute a program of
11 privatization of certain state facilities.
12 (1) The Board of Trustees of the Internal Improvement
13 Trust Fund shall privatize certain state facilities where the
14 majority private business tenants on the facility are private
15 businesses, the majority private business tenants petition the
16 board of trustees, and the facility meets one or more of the
17 following criteria:
18 (a) The state facility is more than 25 years old and
19 is in need of substantial capital improvements;
20 (b) The Office of Program Policy Analysis and
21 Government Accountability has issued a report questioning the
22 long-term viability of the state facility or states that the
23 sale of the state facility is appropriate;
24 (c) The state agency has provided in its budget for
25 substantial capital improvements to the state facility and the
26 budget request has gone unfunded for 2 consecutive years; or
27 (d) The state facility requires asbestos removal from
28 the buildings on the facility and such removal has not been
29 undertaken within 2 years of discovery.
30 (2) For purposes of this section, the term:
31 (a) "Substantial capital improvement" means that the
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HOUSE AMENDMENT
Bill No. HB 2007, 1st Eng.
Amendment No. (for drafter's use only)
1 capital improvements' cost would exceed 25 percent of the
2 appraised value of the property, including the cost of removal
3 and replacement of outdated buildings on the public property.
4 (b) "State facility" means public property and
5 buildings consisting of 25 acres or less of state-owned land
6 that is improved with office space and is leased by the state
7 to private tenants that occupy the majority of the square
8 footage of the leased space.
9 (c) "Majority private business tenants" means the
10 nongovernmental lessees of the state facilities which lease
11 the majority of the square footage of state facilities which
12 is for lease.
13 (3) The Board of Trustees of the Internal Improvement
14 Trust Fund shall have 6 months from the date of the receipt of
15 the petition to procure three appraisals of the facility for
16 purposes of negotiating with the petitioning tenants to sell
17 the state facility for the average price of the appraisals.
18 (4) The agreement for purchase shall be executed by
19 the Board of Trustees of the Internal Improvement Trust Fund
20 within 9 months after the date of the receipt of tenant
21 petition and shall be for the average price of the three
22 appraisals.
23 (5) Notwithstanding any other law to the contrary, the
24 majority private business tenants shall have a right of first
25 refusal to purchase the state facility, provided the majority
26 private business tenants have petitioned the state in their
27 petition. Such right of first refusal must be exercised within
28 90 days after notice of the sale to the tenants.
29 Section 5. This act shall take effect July 1, 2000.
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HOUSE AMENDMENT
Bill No. HB 2007, 1st Eng.
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
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5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to state leases; amending s.
8 216.043, F.S.; requiring state agencies to
9 present justification before terminating a
10 lease of privately owned property; amending s.
11 255.249, F.S.; providing for the coordination
12 and assumption of the remaining term of a lease
13 terminated by a state agency before the end of
14 its base term; amending s. 255.25, F.S.;
15 providing for the determination and
16 amortization of the cost of tenant
17 improvements; providing a process for the
18 recovery of unamortized cost of tenant
19 improvements when a lease is terminated before
20 the end of its base term; designating the
21 procedure for the sale of public property to
22 the tenants doing the majority of business in
23 the public property; authorizing the Division
24 of Facility Management to procure real estate
25 appraisals on the public property; requiring
26 the Board of Trustees of the Internal
27 Improvement Trust Fund to institute a procedure
28 to negotiate the sale and privatization of
29 certain public property and buildings;
30 providing an effective date.
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