CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd 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) Boyd offered the following:
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13 Amendment (with title amendment)
14 On page 5, line 1,
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16 insert:
17 Section 1. (1) The Department of Management Services
18 shall establish and maintain a central database to record and
19 maintain all state-approved or reimbursed travel, including
20 information related to each employee's origination and
21 destination and any other information considered necessary by
22 the department. The department may contract with an outside
23 firm for the creation or maintenance of the database and may
24 expend funds to develop, maintain, and improve the database.
25 On January 1, 2001, and annually thereafter, the department
26 shall furnish to the Legislature and the Governor a summary of
27 all state travel and any recommendations for approving the
28 efficiency or cost of that travel.
29 (2) The Comptroller shall establish object class codes
30 that uniquely identify expenditures related to payments for
31 air travel, car rental, and motel or hotel accommodations. All
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hbd0001 01:53 pm 00406-0010-734967
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 state agency personnel, including the State University System,
2 cabinet officers and the Legislature must use their state
3 purchasing card, if issued, and the object codes when
4 requesting payments for the travel expenditures specified in
5 this subsection. The Comptroller shall report expenditures
6 made by state entities not less frequently than annually to
7 the Department of Management Services, or at other times as
8 necessary for contract negotiations and other management
9 needs.
10 Section 2. The Department of Management Services may
11 contract with an eligible air carrier for jet service or other
12 service approved by the department to guarantee a number of
13 seats or minimum revenue per departure or other incentive
14 necessary to improve air service into Tallahassee beginning
15 July 1, 2000. The department may expend funds for the purposes
16 authorized by this section only to the extent necessary to
17 match any public or private local funds.
18 Section 3. There are established two full time
19 positions in the Department of Banking and Finance and the sum
20 of $90,000 is appropriated from recurring General Revenue Fund
21 to the Department of Banking and Finance to implement the
22 provisions of this act during the 2000-2001 fiscal year.
23 Section 4. Paragraphs (a) and (b) of subsection (3) of
24 section 255.25, Florida Statutes, are amended, paragraph (c)
25 of said subsection is redesignated as paragraph (d), and a new
26 paragraph (c) is added to said subsection, and subsection (12)
27 is added to said section, to read:
28 255.25 Approval required prior to construction or
29 lease of buildings.--
30 (3)(a) Except as provided in subsection (10) and
31 except for those leases negotiated pursuant to the pilot
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hbd0001 01:53 pm 00406-0010-734967
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 project established by the Department of Management Services
2 herein, no state agency shall enter into a lease as lessee for
3 the use of 5,000 square feet or more of space in a privately
4 owned building except upon advertisement for and receipt of
5 competitive bids and award to the lowest and best bidder. The
6 Department of Management Services shall have the authority to
7 approve a lease for 5,000 square feet or more of space that
8 covers more than 1 fiscal year, subject to the provisions of
9 ss. 216.311, 255.2501, 255.2502, and 255.2503, if such lease
10 is, in the judgment of the department, in the best interests
11 of the state. This paragraph does not apply to buildings or
12 facilities of any size leased for the purpose of providing
13 care and living space for persons.
14 (b) The Department of Management Services may approve
15 extensions of an existing lease of 5,000 square feet or more
16 of space if such extensions are determined to be in the best
17 interests of the state, but in no case shall the total of such
18 extensions exceed 11 months. If at the end of the 11th month
19 an agency still needs such space, it shall be procured by
20 competitive bid in accordance with s. 255.249(2)(b) or if an
21 agency determines that it is in its best interest to remain in
22 the space it currently occupies, the agency may negotiate a
23 replacement lease with the lessor if an independent market
24 analysis demonstrates that the rates offered are within market
25 rates for the space offered, and if the cost of the new lease
26 does not exceed the cost of a comparable lease plus documented
27 moving costs. A present value analysis and the consumer price
28 index shall be used in the calculation of lease costs. The
29 term of the replacement lease shall not exceed the base term
30 of the expiring lease.
31 (c) Any agency proposing to enter into a lease for
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 office space in an area designated as part of the Front Porch
2 Florida Initiative, or Community Redevelopment Agency (CRA)
3 may, with the prior approval of the Department of Management
4 Services, directly negotiate with a building owner for leased
5 space within such area without the competitive bid requirement
6 of subsection (3)(a).
7 (12)(a) The Department of Management Services shall
8 undertake a pilot project in Hillsborough, Leon, Broward,
9 Orange, and Seminole Counties for a contracted tenant broker
10 to assist state agencies in locating suitable private sector
11 leases. The department shall solicit qualified candidates
12 through the request for proposals process and conduct
13 interviews of finalists. The tenant broker shall be under
14 contract to the department, but all fees or commissions to be
15 paid to the tenant broker shall be paid by the ultimate
16 private sector lessor. The department shall select a tenant
17 broker in each county in the pilot project. Agencies may
18 employ the services of the broker in any such county for a
19 specified period of time for a given property procurement.
20 Except for the exemption from competitive bidding described in
21 subsection (3)(a) current leasing procedures would remain in
22 effect, including the zone rate guidelines. Brokers shall be
23 required to disclose any conflict of interest and all
24 compensation received from transactions. Brokers'
25 compensation shall be no more than what is customarily found
26 in the marketplace. Contracts between the department and the
27 broker shall be for a term of 1 year, renewable for an
28 additional year based on a satisfactory performance review.
29 The Department of Management Services is authorized to adopt
30 such rules as may be necessary to carry out the intent of this
31 section.
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hbd0001 01:53 pm 00406-0010-734967
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (b) In designing the pilot project, the department
2 shall endeavor to accomplish the following goals:
3 1. Provide for a faster, more efficient, and
4 cost-effective lease procurement process.
5 2. Provide access for agencies to experienced brokers
6 with knowledge of the local marketplace.
7 3. Provide a documented, professional cost-benefit
8 analysis of all choices.
9 4. Provide for the ability to negotiate the best deal.
10 5. Provide the ability to reject any proposal which
11 does not meet the needs of the agency.
12 6. Provide that the Department of Management Services
13 shall have the final review and approval of all leases to
14 ensure quality control.
15 (c) On or before July 1, 2002, the Department of
16 Management Services shall report to the Legislature on the
17 effectiveness of the pilot project and shall make
18 recommendations, in the form of legislation, if necessary, for
19 the implementation of the project on a statewide basis.
20 (d) The pilot project shall stand repealed effective
21 July 1, 2002.
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25 And the title is amended as follows:
26 On page 1, line 2, after the semicolon,
27
28 insert:
29 requiring the Department of Management Services
30 to establish a central database to maintain a
31 record of all state-related travel; providing
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 406, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 an appropriation for the development,
2 maintenance, and improvements to the database;
3 requiring the Comptroller to establish object
4 codes that uniquely identify expenses related
5 to air travel, car rental, and motel or hotel
6 accommodations; authorizing the Department of
7 Management Services to negotiate and contract
8 with an air carrier for service; requiring
9 local matching funds; providing an
10 appropriation; amending s. 255.25, F.S.,
11 providing an exception to competitive bidding
12 for those leases negotiated pursuant to the
13 department pilot project to be established;
14 providing for negotiation of a replacement
15 lease for currently occupied space under
16 certain conditions; allowing agencies to
17 negotiate leases in designated Front Porch
18 Communities without competitive bidding;
19 establishing a tenant broker pilot project in
20 certain designated Florida counties to assist
21 with property procurement and providing goals
22 for the project; providing for automatic repeal
23 of the pilot project;
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