Senate Bill sb1946e1

    SB 1946                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to public property; amending s.

  3         255.25, F.S.; requiring certain replacement

  4         leases to contain a right-to-terminate clause

  5         except under specified circumstances; providing

  6         an effective date.

  7  

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

  9  

10         Section 1.  Paragraph (b) of subsection (3) of section

11  255.25, Florida Statutes, is amended to read:

12         255.25  Approval required prior to construction or

13  lease of buildings.--

14         (3)

15         (b)  The Department of Management Services may approve

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

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

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

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

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

21  competitive bid in accordance with s. 255.249(4)(b). However,

22  an agency that determines that it is in its best interest to

23  remain in the space it currently occupies may negotiate a

24  replacement lease with the lessor if an independent

25  comparative market analysis demonstrates that the rates

26  offered are within market rates for the space and the cost of

27  the new lease does not exceed the cost of a comparable lease

28  plus documented moving costs. A present-value analysis and the

29  consumer price index shall be used in the calculation of lease

30  costs. Any replacement lease negotiated pursuant to this

31  paragraph, which is for a term exceeding 1 year, must permit


                                  1

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






    SB 1946                                        First Engrossed



  1  the agency to terminate the lease without penalty if a

  2  state-owned building becomes available by providing 6 months

  3  advance written notice to the lessor, unless the Department of

  4  Management Services approves a request from the agency to be

  5  exempted from this requirement and the agency demonstrates in

  6  writing that the cost of the replacement lease is at least 10

  7  percent less than the market rate plus documented moving

  8  expenses. The term of the replacement lease may not exceed the

  9  base term of the expiring lease.

10         Section 2.  This act shall take effect July 1, 2002.

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  2

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