House Bill 2007er

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    ENROLLED

    2000 Legislature                     HB 2007, Second Engrossed



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  2         An act relating to state leases; amending s.

  3         216.043, F.S.; requiring state agencies to

  4         present justification before terminating a

  5         lease of privately owned property; amending s.

  6         255.249, F.S.; providing for the coordination

  7         and assumption of the remaining term of a lease

  8         terminated by a state agency before the end of

  9         its base term; amending s. 255.25, F.S.;

10         providing for the determination and

11         amortization of the cost of tenant

12         improvements; providing a process for the

13         recovery of unamortized cost of tenant

14         improvements when a lease is terminated before

15         the end of its base term; providing an

16         effective date.

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

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

21  section 216.043, Florida Statutes, to read:

22         216.043  Budgets for fixed capital outlay.--

23         (3)  Each legislative budget request for fixed capital

24  outlay submitted shall contain:

25         (g)  The unamortized cost of tenant improvements under

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

27  terminated before the expiration of its term for the purpose

28  of relocating to a state-owned building.

29         Section 2.  Present subsections (2) and (3) of section

30  255.249, Florida Statutes, are renumbered as subsections (4)

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    ENROLLED

    2000 Legislature                     HB 2007, Second Engrossed



  1  and (5), respectively, and new subsections (2) and (3) are

  2  added to that section, to read:

  3         255.249  Department of Management Services;

  4  responsibility; department rules.--

  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, the funds for

  8  which are appropriated after June 30, 2000, to state why the

  9  proposed relocation is in the 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 before expiration of its base term, will 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  that was subject to a lease terminated by a state agency for a

17  period of time equal to the remainder of the base term without

18  the requirement of competitive bidding.

19         Section 3.  Paragraphs (d) and (e) are added to

20  subsection (3) of section 255.25, Florida Statutes, to read:

21         255.25  Approval required prior to construction or

22  lease of buildings.--

23         (3)

24         (d)  The agency and the lessor, when entering into a

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

26  building, shall, before the effective date of the lease, agree

27  upon and separately state the cost of tenant improvements

28  which may qualify for reimbursement if the lease is terminated

29  before the expiration of its base term. The department shall

30  serve as mediator if the agency and the lessor are unable to

31  agree. The amount agreed upon and stated shall, if


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    ENROLLED

    2000 Legislature                     HB 2007, Second Engrossed



  1  appropriated, be amortized over the original base term of the

  2  lease on a straight-line basis.

  3         (e)  The unamortized portion of tenant improvements, if

  4  appropriated, will be paid in equal monthly installments over

  5  the remaining term of the lease. If any portion of the

  6  original leased premises is occupied after termination but

  7  during the original term by a tenant that does not require

  8  material changes to the premises, the repayment of the cost of

  9  tenant improvements applicable to the occupied but unchanged

10  portion shall be abated during occupancy. The portion of the

11  repayment to be abated shall be based on the ratio of leased

12  space to unleased space.

13         Section 4.  This act shall take effect July 1, 2000.

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