Senate Bill sb0850er

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    2001 Legislature                         SB 850, 2nd Engrossed



  1                                 

  2         An act relating to state facilities; amending

  3         s. 255.25, F.S.; authorizing state agencies to

  4         execute certain replacement leases; providing

  5         guidelines for the execution of such leases;

  6         amending s. 255.31, F.S.; authorizing the

  7         Department of Management Services to review

  8         certain plans for consistency with the Florida

  9         Building Code; providing an effective date.

10  

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

12  

13         Section 1.  Subsection (3) of section 255.25, Florida

14  Statutes, is amended to read:

15         255.25  Approval required prior to construction or

16  lease of buildings.--

17         (3)(a)  Except as provided in subsection (10), no state

18  agency shall enter into a lease as lessee for the use of 5,000

19  square feet or more of space in a privately owned building

20  except upon advertisement for and receipt of competitive bids

21  and award to the lowest and best bidder.  The Department of

22  Management Services shall have the authority to approve a

23  lease for 5,000 square feet or more of space that covers more

24  than 1 fiscal year, subject to the provisions of ss. 216.311,

25  255.2501, 255.2502, and 255.2503, if such lease is, in the

26  judgment of the department, in the best interests of the

27  state. This paragraph does not apply to buildings or

28  facilities of any size leased for the purpose of providing

29  care and living space for persons.

30         (b)  The Department of Management Services may approve

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


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    ENROLLED

    2001 Legislature                         SB 850, 2nd Engrossed



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

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

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

  4  an agency still needs that space, it shall be procured by

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

  6  255.249(2)(b). However, an agency that determines that it is

  7  in its best interest to remain in the space it currently

  8  occupies may negotiate a replacement lease with the lessor if

  9  an independent comparative market analysis demonstrates that

10  the rates offered are within market rates for the space and

11  the cost of the new lease does not exceed the cost of a

12  comparable lease plus documented moving costs. A present-value

13  analysis and the consumer price index shall be used in the

14  calculation of lease costs. The term of the replacement lease

15  may not exceed the base term of the expiring lease.

16         (c)  Any person who files an action protesting a

17  decision or intended decision pertaining to a competitive bid

18  for space to be leased by the agency pursuant to s.

19  120.57(3)(b) shall post with the state agency at the time of

20  filing the formal written protest a bond payable to the agency

21  in an amount equal to 1 percent of the estimated total rental

22  of the basic lease period or $5,000, whichever is greater,

23  which bond shall be conditioned upon the payment of all costs

24  which may be adjudged against him or her in the administrative

25  hearing in which the action is brought and in any subsequent

26  appellate court proceeding. If the agency prevails after

27  completion of the administrative hearing process and any

28  appellate court proceedings, it shall recover all costs and

29  charges which shall be included in the final order or

30  judgment, excluding attorney's fees.  Upon payment of such

31  costs and charges by the person protesting the award, the bond


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    2001 Legislature                         SB 850, 2nd Engrossed



  1  shall be returned to him or her.  If the person protesting the

  2  award prevails, the bond shall be returned to that person and

  3  he or she shall recover from the agency all costs and charges

  4  which shall be included in the final order of judgment,

  5  excluding attorney's fees.

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

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

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

  9  upon and separately state the cost of tenant improvements

10  which may qualify for reimbursement if the lease is terminated

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

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

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

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

15  lease on a straight-line basis.

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

17  appropriated, will be paid in equal monthly installments over

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

19  original leased premises is occupied after termination but

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

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

22  tenant improvements applicable to the occupied but unchanged

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

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

25  space to unleased space.

26         Section 2.  Subsection (1) of section 255.31, Florida

27  Statutes, is amended to read:

28         255.31  Authority to the Department of Management

29  Services to manage construction projects for state and local

30  governments.--

31  


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    ENROLLED

    2001 Legislature                         SB 850, 2nd Engrossed



  1         (1)  The design, construction, erection, alteration,

  2  modification, repair, and demolition of all public and private

  3  buildings are governed by the Florida Building Code and the

  4  Florida Fire Prevention Code, which are to be enforced by

  5  local jurisdictions or local enforcement districts unless

  6  specifically exempted as provided in s. 553.80. However, the

  7  Department of Management Services shall provide the project

  8  management and administration services for the construction,

  9  renovation, repair, modification, or demolition of buildings,

10  utilities, parks, parking lots, or other facilities or

11  improvements for projects for which the funds are appropriated

12  to the department; provided that, with the exception of

13  facilities constructed under the authority of chapters 944,

14  945, and 985; the Governor's mansion and grounds thereof as

15  described in s. 272.18; and the Capitol Building and environs,

16  being that part of the City of Tallahassee bounded on the

17  north by Pensacola and Jefferson Streets, on the east by

18  Monroe Street, on the south by Madison Street, and on the west

19  by Duval Street, the department may not conduct plans reviews

20  or inspection services for consistency with the Florida

21  Building Code. The department's fees for such services shall

22  be paid from such appropriations.

23         Section 3.  This act shall take effect July 1, 2001.

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