HB 1891

1	A bill to be entitled
2	An act relating to procurement of real property leases by
3	state agencies; amending s. 255.248, F.S.; revising and
4	providing definitions; limiting scope of certain
5	provisions; amending s. 255.249, F.S.; removing a
6	requirement regarding certain agencies planning to
7	terminate a lease; providing that the Department of
8	Management Services, rather than agencies acting on their
9	own behalf, shall lease space for agencies; providing for
10	the use of a real estate broker by the department;
11	limiting scope of provisions to certain departments;
12	providing for moving of agencies into vacated spaces;
13	providing conditions under which an agency may reject a
14	proposed move; providing for competitive solicitation of
15	leases; providing bid procedures; providing conditions for
16	space allocation; requiring adoption of a quality
17	standard; amending s. 255.25, F.S.; providing criteria for
18	agencies to monitor market conditions and initiate
19	negotiations; removing a requirement that the Department
20	of Management Services act as a mediator; authorizing the
21	department to negotiate to procure new leases for the
22	colocation of agencies; providing conditions for lease
23	procurement; changing the requirement for competitive
24	bidding for leases of real property for agencies to a
25	requirement for competitive solicitation; requiring a
26	business case analysis for extension of a lease;
27	increasing the bond requirement for protests of a lease
28	solicitation; moving requirements for review by the State
29	Fire Marshal; moving requirements for a floodplain
30	analysis; removing an exception regarding specialized
31	educational facilities; amending s. 255.25001, F.S.;
32	providing competitive bidding as competitive procurement;
33	amending s. 255.2501, F.S.; conforming language; amending
34	s. 255.45, F.S.; requiring the Department of Management
35	Services to review certain construction plans for
36	firesafety and flood plain management compliance; amending
37	s. 255.503, F.S.; providing that the department may engage
38	consultants to advise the department regarding management
39	or disposition of properties in the Florida Facilities
40	Pool; reenacting s. 633.085, F.S., relating to the
41	firesafety in state office buildings, to incorporate the
42	amendment to s. 255.45, F.S., in a reference thereto;
43	providing an effective date.
44
45	Be It Enacted by the Legislature of the State of Florida:
46
47	Section 1.  Section 255.248, Florida Statutes, is amended
48	to read:
49	255.248  Definitions; exceptions; application of ss.
50	255.249 and 255.25.--
51	(1)  The following definitions shall apply when used in ss.
52	255.249 and 255.25:
53	(a)(1)  The term "state-owned office building" means any
54	real property building title to which is vested in the state and
55	which is used by one or more executive agencies predominantly
56	for administrative direction and support functions. This term
57	excludes:
58	(b)  The term "privately owned," when used to describe a
59	building or a space within a building, shall mean any real
60	property, title to which is not vested in the state, leased for
61	use by one or more executive agencies predominantly for
62	administrative direction and support functions.
63	(c)  The term "department" means the Department of
64	Management Services.
65	(2)  Sections 255.249 and 255.25 shall not apply to:
66	(a)  District or area offices established for field
67	operations where law enforcement, military, inspections, road
68	operations, or tourist welcoming functions are performed.
69	(b)  All educational facilities and institutions under the
70	supervision of the Department of Education or the Board of
71	Governors.
72	(c)  All custodial facilities and institutions used
73	primarily for the care, custody, or treatment of inmates or
74	wards of the state.
75	(d)  Buildings or spaces used by the legislature or the
76	state courts system for legislative activities.
77	(e)  Buildings purchased or constructed from agricultural
78	or citrus trust funds.
79	(2)  The term "privately owned building" shall mean any
80	building not owned by a governmental agency.
81	Section 2.  Section 255.249, Florida Statutes, is amended
82	to read:
83	255.249  Department of Management Services; responsibility;
84	department rules.--
85	(1)  The department of Management Services shall have
86	responsibility and authority for the custodial and preventive
87	maintenance, repair, and allocation of space of all buildings in
88	the Florida Facilities Pool and the grounds located adjacent
89	thereto.
90	(2)(a)  The department shall have the responsibility and
91	authority to procure and manage all leases of privately owned
92	buildings on behalf of any executive agency, except as set forth
93	in s. 255.248(2) require any state agency planning to terminate
94	a lease for the purpose of occupying space in a new state-owned
95	office building, the funds for which are appropriated after June
96	30, 2000, to state why the proposed relocation is in the best
97	interest of the state.
98	(b)  The department may retain and designate a real estate
99	broker or brokers licensed under ch. 475 to assist the
100	department in negotiating leases, in evaluating present and
101	future space needs of executive agencies, and to otherwise
102	assist the department in its duties under this section and s.
103	255.25. Compensation of a broker may include compensation in the
104	form of commissions paid by the owners of privately owned
105	buildings. The department must comply with all relevant
106	provisions in ch. 287 when procuring the services of a real
107	estate broker.
108	(c)  This subsection shall not apply to the Department of
109	Legal Affairs, the Department of Financial Services, or the
110	Department of Agriculture and Consumer Services unless the
111	cabinet officer requests that the department perform the
112	service, or part thereof, for the cabinet officer's agency.
113	(3)  The department may assign one or more agencies to move
114	into space that has been vacated by another state agency. The
115	agency that requested space may reject the department's transfer
116	of the agency into the vacated space based on excessive cost,
117	unfavorable lease terms or conditions, negative impact on
118	employee productivity, security concerns, poor location, poor
119	building quality, insufficient parking, excessive moving costs,
120	or difficult access for persons served by the agency, provided
121	that the agency head states in writing the specific reason or
122	reasons for the rejection shall, to the extent feasible,
123	coordinate the vacation of privately owned leased space with the
124	expiration of the lease on that space and, when a lease is
125	terminated before expiration of its base term, will make a
126	reasonable effort to place another state agency in the space
127	vacated. Any state agency may lease the space in any building
128	that was subject to a lease terminated by a state agency for a
129	period of time equal to the remainder of the base term without
130	the requirement of competitive bidding.
131	(4)  The department shall promulgate rules pursuant to
132	chapter 120 providing:
133	(a)  Methods for accomplishing the duties outlined in
134	subsections subsection (1), (2), and (3).
135	(b)  Procedures for soliciting, evaluating, and accepting
136	competitive bids, proposals, or replies for leased space of
137	5,000 square feet or more in privately owned buildings., for
138	evaluating the proposals received, for exemption from
139	competitive bidding requirements of any However, a lease the
140	purpose of which is the provision of care and living space for
141	persons, or a lease for emergency space needs as provided in s.
142	255.25(6), shall be exempt from the requirement to secure
143	competitive bids, proposals, or replies 255.25(10), and for the
144	securing of at least three documented quotes for a lease that is
145	not required to be competitively bid. The procedures:
146	1.  May be simplified for a solicitation of less than 5,000
147	square feet.
148	2.  Shall provide evaluation criteria applicable to the
149	evaluation of a bid, proposal, or reply.
150	3.  Shall require that a real estate broker representing
151	the state disclose to the department, in writing, the amount and
152	basis of any compensation paid to the broker.
153	4.  Shall provide that an agency that requested space may
154	reject the department's selection of space for such agency based
155	on excessive cost, unfavorable lease terms or conditions,
156	negative impact on employee productivity, security concerns,
157	poor location, poor building quality, insufficient parking,
158	excessive moving costs, or difficult access for persons served
159	by the agency, provided that the agency head states in writing
160	the specific reason or reasons for the rejection. Upon
161	rejection, the department shall not be required to solicit new
162	bids, proposals, or replies and may renegotiate with prospective
163	landlords that have previously replied to the solicitation.
164	(c)  Adoption of a standard method for determining square
165	footage or any other measurement used as the basis for lease
166	payments, or other charges, or determining space allocation.
167	(d)  Methods of allocating space in both state-owned office
168	buildings and privately owned buildings leased by the state
169	based on use, personnel, and office equipment. The space
170	allocation method shall define specific uses and the appropriate
171	space to be allocated to such uses. The space allocation method
172	shall consider:
173	1.  Accommodation of disabled persons.
174	2.  Security of employees and the public.
175	3.  Accommodation of public visitors of the agency.
176	4.  Special needs of agencies regarding laboratory,
177	storage, computer, telecommunications, training, and other
178	special needs spaces.
179	5.  Investment in additional space where it can be shown
180	that gains in employee productivity will exceed the cost of the
181	additional space.
182	6.  Allocation of space for employee wellness programs,
183	childcare, cafeterias, and break areas.
184	7.  As applied to state-owned buildings, exceptions to
185	reasonably accommodate an inability to efficiently reconfigure
186	the space because of the design and age of the building.
187	(e)  Acceptable terms and conditions for inclusion in lease
188	agreements.
189	(f)  Maximum rental rates, by geographic areas or by
190	county, for leasing privately owned space.
191	(g)  A standard method for the assessment of rent to state
192	agencies and other authorized occupants of state-owned office
193	space, notwithstanding the source of funds.
194	(h)  For full disclosure of the names and the extent of
195	interest of the owners holding a 4-percent or more interest in
196	any privately owned property leased to the state or in the
197	entity holding title to the property, for exemption from such
198	disclosure of any beneficial interest which is represented by
199	stock in any corporation registered with the Securities and
200	Exchange Commission or registered pursuant to chapter 517, which
201	stock is for sale to the general public, and for exemption from
202	such disclosure of any leasehold interest in property located
203	outside the territorial boundaries of the United States.
204	(i)  For full disclosure of the names of all public
205	officials, agents, or employees holding any interest in any
206	privately owned property leased to the state or in the entity
207	holding title to the property, and the nature and extent of
208	their interest, for exemption from such disclosure of any
209	beneficial interest which is represented by stock in any
210	corporation registered with the Securities and Exchange
211	Commission or registered pursuant to chapter 517, which stock is
212	for sale to the general public, and for exemption from such
213	disclosure of any leasehold interest in property located outside
214	the territorial boundaries of the United States.
215	(j)  A method for reporting leases for nominal or no
216	consideration.
217	(k)  Adoption of the Building Owners and Managers
218	Association (BOMA) Metropolitan Base Building Classification, or
219	equivalent, as a standard method for rating the quality of
220	privately owned buildings. When practical, A or B class space
221	according to BOMA standards shall be utilized For a lease of
222	less than 5,000 square feet, a method for certification by the
223	agency head or the agency head's designated representative that
224	all criteria for leasing have been fully complied with and for
225	the filing of a copy of such lease and all supporting documents
226	with the department for its review and approval as to technical
227	sufficiency.
228	(5)  The department of Management Services shall prepare a
229	form listing all conditions and requirements adopted pursuant to
230	this chapter which must be met by any state agency leasing any
231	building or part thereof. This form shall be certified by the
232	agency head or the agency head's designated representative.
233	Section 3.  Section 255.25, Florida Statutes, is amended to
234	read:
235	255.25  Leasing Approval required prior to construction or
236	lease of buildings.--
237	(1)(a)  No state agency may lease space in a private
238	building that is to be constructed for state use unless prior
239	approval of the architectural design and preliminary
240	construction plans is first obtained from the department of
241	Management Services.
242	(b)  During the term of existing leases, each agency that
243	has procured a lease in its name, and the department as to
244	leases executed by the department, shall monitor market
245	conditions and shall initiate negotiations for each lease of a
246	privately owned building held in the private sector to effect
247	the best overall lease terms reasonably available to the state
248	that agency. Amendments to leases may be permitted to modify any
249	lease provisions or any other terms or conditions, except to the
250	extent specifically prohibited by this chapter. The Department
251	of Management Services shall serve as a mediator in lease
252	renegotiations if the agency and the lessor are unable to reach
253	a compromise within 6 months of renegotiation and if either the
254	agency or lessor requests the Department of Management Services'
255	intervention.
256	(c)  When specifically authorized by the Appropriations Act
257	and in accordance with s. 255.2501, if applicable, the
258	department of Management Services may enter into approve a
259	lease-purchase, sale-leaseback, or tax-exempt leveraged lease
260	contract or other financing technique for the acquisition,
261	renovation, or construction of a state fixed capital outlay
262	project when it is in the best interest of the state.
263	(d)  The department, in seeking economies of scale and the
264	opportunity to colocate agencies, may competitively negotiate to
265	procure new leases, renegotiate existing leases, or otherwise
266	consolidate existing leases into a large scale lease or leases
267	covering large areas, buildings, or groups of buildings. The
268	department may promulgate rules providing procedures for
269	procuring large scale leases, managing large scale leases, and
270	providing a method for allocation of lease costs between
271	agencies.
272	(2)(a)  Except as provided in s. 255.2501, no state agency
273	may lease or occupy a state-owned building or privately owned a
274	building, or any part thereof, unless prior approval of the
275	lease conditions and of the need therefor is first obtained from
276	the department of Management Services. Any approved lease may
277	include an option to purchase or an option to renew the lease,
278	or both, upon such terms and conditions acceptable to as are
279	established by the department subject to final approval by the
280	head of the Department of Management Services and in compliance
281	with s. 255.2502.
282	(b)  An agency allowed to directly procure a The approval
283	of the Department of Management Services, except for technical
284	sufficiency, need not be obtained for the lease or an extension
285	of a lease shall comply of less than 5,000 square feet of space
286	within a privately owned building, provided the agency head or
287	the agency head's designated representative has certified
288	compliance with applicable leasing criteria as may be provided
289	pursuant to this section and s. 255.249(4)(k) and shall
290	determine that has determined such lease is to be in the best
291	interest of the state. Such a lease which is for a term
292	extending beyond the end of a fiscal year is subject to the
293	provisions of ss. 216.311, 255.2502, and 255.2503.
294	(c)  The department of Management Services shall adopt as a
295	rule uniform leasing procedures for use by the department and by
296	agencies who may directly procure space each state agency other
297	than the Department of Transportation. Each state agency shall
298	ensure that the leasing practices of that agency are in
299	substantial compliance with the uniform leasing rules adopted
300	under this section and ss. 255.249, 255.2502, and 255.2503.
301	(3)(a)  Except as provided in subsection (10), no state
302	agency shall enter into a lease as lessee for the use of 5,000
303	square feet or more of space in a privately owned building
304	except upon advertisement for and receipt of competitive bids
305	and award to the lowest and best bidder. The Department of
306	Management Services shall have the authority to approve a lease
307	for 5,000 square feet or more of space that covers more than 1
308	fiscal year, subject to the provisions of ss. 216.311, 255.2501,
309	255.2502, and 255.2503, if such lease is, in the judgment of the
310	department, in the best interests of the state. This paragraph
311	does not apply to buildings or facilities of any size leased for
312	the purpose of providing care and living space for persons.
313	(b)  The department, or an agency that may procure its own
314	space, of Management Services may negotiate with the owner of a
315	privately owned building to enter into an extension approve
316	extensions of an existing lease of 5,000 square feet or more of
317	space if such extension is extensions are determined to be in
318	the best interests of the state., but in no case shall the total
319	of such extensions exceed 11 months. If at the end of the 11th
320	month an agency still needs that space, it shall be procured by
321	competitive bid in accordance with s. 255.249(4)(b). However, an
322	agency that determines that it is in its best interest to remain
323	in the space it currently occupies may negotiate a replacement
324	lease with the lessor if an In determining the best interests of
325	the state, the department or agency shall utilize an independent
326	comparative market analysis to show demonstrates that the
327	negotiated lease rate for the extension is rates offered are
328	within market rates for comparable the space, that and the cost
329	of the extension new lease does not exceed the cost of a
330	comparable space lease plus documented moving costs, and that
331	the space will continue to adequately serve the public. A
332	present-value analysis and the consumer price index shall be
333	used in the calculation of lease costs. The term of the
334	replacement lease may not exceed the base term of the expiring
335	lease.
336	(b)(c)  Any person who files an action pursuant to s.
337	120.57(3)(b) protesting a decision or intended decision
338	pertaining to a competitive solicitation bid for space to be
339	leased by an the agency or the department pursuant to s.
340	120.57(3)(b) shall post with the state agency or department, as
341	appropriate, at the time of filing the formal written protest a
342	bond payable to the agency or department in an amount equal to 1
343	percent of the estimated total rental of the basic lease period
344	or $7,500 $5,000, whichever is greater, which bond shall be
345	conditioned upon the payment of all costs which may be adjudged
346	against the protestor him or her in the administrative hearing
347	in which the action is brought and in any subsequent appellate
348	court proceeding. If the agency or department prevails after
349	completion of the administrative hearing process and any
350	appellate court proceedings, it shall recover all costs and
351	charges which shall be included in the final order or judgment,
352	excluding attorney's fees. Upon payment of such costs and
353	charges by the person protesting the award, the bond shall be
354	returned to him or her. If the person protesting the award
355	prevails, the bond shall be returned to that person and he or
356	she shall recover from the agency or department all costs and
357	charges which shall be included in the final order of judgment,
358	excluding attorney's fees.
359	(c)(d)  The agency or department and the lessor, when
360	entering into a lease for 5,000 or more square feet of a
361	privately owned building, shall, before the effective date of
362	the lease, agree upon and separately state the cost of tenant
363	improvements which may qualify for reimbursement if the lease is
364	terminated before the expiration of its base term. The
365	department shall serve as mediator if the agency and the lessor
366	are unable to agree. The amount agreed upon and stated shall, if
367	appropriated, be amortized over the original base term of the
368	lease on a straight-line basis.
369	(d)(e)  The unamortized portion of tenant improvements, if
370	appropriated, will be paid in equal monthly installments over
371	the remaining term of the lease. If any portion of the original
372	leased premises is occupied after termination but during the
373	original term by a tenant that does not require material changes
374	to the premises, the repayment of the cost of tenant
375	improvements applicable to the occupied but unchanged portion
376	shall be abated during occupancy. The portion of the repayment
377	to be abated shall be based on the ratio of leased space to
378	unleased space.
379	(4)(a)  Neither the department, nor any state agency
380	conducting its own leasing, of Management Services shall not
381	authorize any state agency to enter into a lease agreement for
382	space in a privately owned building when suitable space is
383	available in a state-owned building located in the same
384	geographic region, unless except upon presentation to the
385	department or the agency, as appropriate, prepares of sufficient
386	written justification why, acceptable to the department, that a
387	separate space is required in order to fulfill the statutory
388	duties of the agency making such request. The term "state-owned
389	building" as used in this subsection means any state-owned
390	facility regardless of use or control.
391	(b)  The department State agencies shall cooperate with
392	local governmental units by using suitable, existing publicly
393	owned facilities, subject to the provisions of ss. 255.2501,
394	255.2502, and 255.2503. Agencies may utilize unexpended funds
395	appropriated for lease payments to:
396	1.  pay the local government a reasonable their proportion
397	of operating costs, and to.
398	2.  renovate space assigned applicable spaces.
399	(5)  Before construction or renovation of any state-owned
400	building or state-leased space is commenced, the Department of
401	Management Services shall ascertain, by submission of proposed
402	plans to the Division of State Fire Marshal for review, that the
403	proposed construction or renovation plan complies with the
404	uniform firesafety standards required by the Division of State
405	Fire Marshal. The review of construction or renovation plans for
406	state-leased space shall be completed within 10 calendar days of
407	receipt of the plans by the Division of State Fire Marshal. The
408	review of construction or renovation plans for a state-owned
409	building shall be completed within 30 calendar days of receipt
410	of the plans by the Division of State Fire Marshal. The
411	responsibility for submission and retrieval of the plans called
412	for in this subsection shall not be imposed on the design
413	architect or engineer, but shall be the responsibility of the
414	two agencies. Whenever the Division of State Fire Marshal
415	determines that a construction or renovation plan is not in
416	compliance with such uniform firesafety standards, the Division
417	of State Fire Marshal may issue an order to cease all
418	construction or renovation activities until compliance is
419	obtained, except those activities required to achieve such
420	compliance. The Department of Management Services shall withhold
421	approval of any proposed lease until the construction or
422	renovation plan complies with the uniform firesafety standards
423	of the Division of State Fire Marshal. The cost of all
424	modifications or renovations made for the purpose of bringing
425	leased property into compliance with the uniform firesafety
426	standards shall be borne by the lessor.
427	(6)  Before construction or substantial improvement of any
428	state-owned building is commenced, the Department of Management
429	Services must ascertain that the proposed construction or
430	substantial improvement complies with the flood plain management
431	criteria for mitigation of flood hazards, as prescribed in the
432	October 1, 1986, rules and regulations of the Federal Emergency
433	Management Agency, and the department shall monitor the project
434	to assure compliance with the criteria. In accordance with
435	chapter 120, the Department of Management Services shall adopt
436	any necessary rules to ensure that all such proposed state
437	construction and substantial improvement of state buildings in
438	designated flood-prone areas complies with the flood plain
439	management criteria. Whenever the department determines that a
440	construction or substantial improvement project is not in
441	compliance with the established flood plain management criteria,
442	the department may issue an order to cease all construction or
443	improvement activities until compliance is obtained, except
444	those activities required to achieve such compliance.
445	(5)(7)  This section does not apply to any lease having a
446	term of less than 120 consecutive days for the purpose of
447	securing the one-time special use of the leased property or .
448	This section does not apply to any lease for nominal or no
449	consideration.
450	(8)  No agency shall enter into more than one lease for
451	space in the same privately owned facility or complex within any
452	12-month period except upon the solicitation of competitive
453	bids.
454	(9)  Specialized educational facilities, excluding
455	classrooms, shall be exempt from the competitive bid
456	requirements for leasing pursuant to this section if the
457	executive head of any state agency certifies in writing that
458	said facility is available from a single source and that the
459	competitive bid requirements would be detrimental to the state.
460	Such certification shall include documentation of evidence of
461	steps taken to determine sole-source status.
462	(6)(10)  The department of Management Services may approve
463	emergency acquisition of space without competitive solicitation
464	bids if existing state-owned or state-leased space is destroyed
465	or rendered uninhabitable by an act of God, fire, malicious
466	destruction, or structural failure, or by legal action, if the
467	chief administrator of the state agency or the chief
468	administrator's designated representative certifies in writing
469	that no other agency-controlled space is available to meet this
470	emergency need, but in no case shall the lease for such space
471	exceed 11 months. If the lessor elects not to replace or
472	renovate the destroyed or uninhabitable facility, the agency or
473	department, as applicable, shall procure the needed space by
474	competitive solicitation bid in accordance with s.
475	255.249(4)(b). If the lessor elects to replace or renovate the
476	destroyed or uninhabitable facility and the construction or
477	renovations will not be complete at the end of the 11-month
478	lease, the agency or department may modify the lease to extend
479	the temporary lease it on a month-to-month basis for up to an
480	additional 6 months to allow completion of such construction or
481	renovations.
482	(7)(11)  In any leasing of space that is accomplished
483	without competition, the individuals taking part in the
484	development or selection of criteria for evaluation, in the
485	evaluation, and in the award processes shall attest in writing
486	that they are independent of, and have no conflict of interest
487	in, the entities evaluated and selected.
488	Section 4.  Paragraph (b) of subsection (2) of section
489	255.25001, Florida Statutes, is amended to read:
490	255.25001  Suspension or delay of specified functions,
491	programs, and requirements relating to governmental
492	operations.--Notwithstanding the provisions of:
493	(2)  Sections 253.025 and 255.25, the Department of
494	Management Services has the authority to promulgate rules
495	pursuant to chapter 120 to be used in determining whether a
496	lease-purchase of a state-owned office building is in the best
497	interests of the state, which rules provide:
498	(b)  Procedures and document formats for the advertisement,
499	competitive procurement bid process, including format of
500	submissions, and evaluation of lease-purchase acquisition
501	proposals for state-owned office buildings. The evaluation
502	process shall include but not be limited to the following:
503	1.  A consideration of the cost of comparable operating
504	leases.
505	2.  The appraised value of the facility as required by s.
506	253.025.
507	3.  A present value analysis of the proposed payment
508	stream.
509	4.  The cost of financing the facility to be acquired.
510	5.  The cost to repair identified physical defects.
511	6.  The cost to remove identified hazardous substances.
512	7.  An energy analysis.
513	8.  A determination of who is responsible for management
514	and maintenance activities.
515
516	In order to minimize the cost of the evaluation process, the
517	Department of Management Services may develop a multistage
518	evaluation process to identify the most cost-efficient proposals
519	for extensive evaluation. The studies developed as a result of
520	this evaluation process shall be considered confidential and
521	exempt from the provisions of s. 119.07(1) to the same extent
522	that appraisal reports are considered confidential and exempt
523	from the provisions of s. 119.07(1) as provided in s.
524	253.025(6)(d).
525	Section 5.  Subsection (2) of section 255.2501, Florida
526	Statutes, is amended to read:
527	255.2501  Lease of space financed with local government
528	obligations.--
529	(2)  No lease, lease-purchase, sale-leaseback, purchase, or
530	rental of any office space, building, real property and
531	improvements thereto, or any other fixed capital outlay project
532	that is or is to be financed with local government obligations
533	of any type shall be requested for approval in the
534	Appropriations Act unless:
535	(a)  The construction for such project is to be or has been
536	competitively procured bid unless the certificate of occupancy
537	for such project was issued more than 3 years prior to the time
538	such request is made;
539	(b)  The executive branch agency or department making the
540	request has competitively procured bid its space needs prior to
541	making such request and the project for which approval is sought
542	was the lowest and best bidder for such needs; and
543	(c)  The rent, lease payment, lease-purchase payment, or
544	other payment for such project is not greater than an amount
545	equal to the same proportion of the debt service on the local
546	government obligations to be issued to finance or which are
547	outstanding that financed, as the case may be, the facility or
548	project for which approval is sought that the executive agency
549	or department seeking such approval will utilize under the
550	lease, lease-purchase, sale-leaseback, purchase, or rental of
551	the project in the facility or project as compared to the entire
552	facility or project that is to be or was financed. This
553	paragraph shall not apply when the certificate of occupancy for
554	a facility or project was issued more than 3 years prior to the
555	time such request is made.
556	Section 6.  Section 255.45, Florida Statutes, is amended to
557	read:
558	255.45  Safety in Correction of firesafety violations in
559	certain state-owned and state-leased property.--
560	(1)  The Department of Management Services is responsible
561	for ensuring that firesafety violations that are noted by the
562	State Fire Marshal pursuant to s. 633.085 are corrected as soon
563	as practicable for all state-owned property which is leased from
564	the Department of Management Services.
565	(2)  Before construction or renovation of any state-owned
566	building or privately owned building to be occupied by the state
567	is commenced, the Department of Management Services shall
568	ascertain, by submission of proposed plans to the Division of
569	State Fire Marshal for review, that the proposed construction or
570	renovation plan complies with the uniform firesafety standards
571	required by the Division of State Fire Marshal. The review of
572	construction or renovation plans for a privately owned building
573	shall be completed within 10 calendar days after receipt of the
574	plans by the Division of State Fire Marshal. The review of
575	construction or renovation plans for a state-owned building
576	shall be completed within 30 calendar days after receipt of the
577	plans by the Division of State Fire Marshal. The responsibility
578	for submission and retrieval of the plans called for in this
579	subsection shall not be imposed on the design architect or
580	engineer, but shall be the responsibility of the Department of
581	Management Services. If the Division of State Fire Marshal
582	determines that a construction or renovation plan is not in
583	compliance with the uniform firesafety standards, the Division
584	of State Fire Marshal may issue an order to cease all
585	construction or renovation activities until compliance is
586	obtained, except those activities required to achieve such
587	compliance. The Department of Management Services shall withhold
588	approval of any proposed lease until the construction or
589	renovation plan complies with the uniform firesafety standards
590	of the Division of State Fire Marshal. The cost of all
591	modifications or renovations made for the purpose of bringing
592	leased property into compliance with the uniform firesafety
593	standards shall be borne by the lessor.
594	(3)  Before construction or substantial improvement of any
595	state-owned building is commenced, the Department of Management
596	Services must ascertain that the proposed construction or
597	substantial improvement complies with the flood plain management
598	criteria for mitigation of flood hazards, as prescribed in the
599	October 1, 1986, rules and regulations of the Federal Emergency
600	Management Agency. The department shall monitor the project to
601	assure compliance with the criteria. The Department of
602	Management Services shall adopt rules to ensure that all such
603	proposed state construction and substantial improvement of
604	state-owned buildings in designated flood-prone areas complies
605	with the flood plain management criteria. In any instance where
606	the department has determined that a construction or substantial
607	improvement project is not in compliance with the established
608	flood plain management criteria, the department may issue an
609	order to cease all construction or improvement activities until
610	compliance is obtained, except those activities required to
611	achieve such compliance.
612	Section 7.  Subsection (9) of section 255.503, Florida
613	Statutes, is amended to read:
614	255.503  Powers of the Department of Management
615	Services.--The Department of Management Services shall have all
616	The Department of Management Services shall have all the
617	authority necessary to carry out and effectuate the purposes and
618	provisions of this act, including, but not limited to, the
619	authority to:
620	(9)  Engage the services of consultants for rendering
621	professional and technical assistance and advice and to engage
622	services of professionals in connection with the acquisition,
623	management, disposition, or financing of any facility or the
624	operation and activities of the Department of Management
625	Services, including attorneys, auditors, consultants, and
626	accountants.
627	Section 8.  For the purpose of incorporating the amendment
628	to section 255.45, Florida Statutes, in a reference thereto,
629	section 633.085, Florida Statutes, is reenacted to read:
630	633.085  Inspections of state buildings and premises; tests
631	of firesafety equipment; building plans to be approved.--
632	(1)(a)  It is the duty of the State Fire Marshal and her or
633	his agents to inspect, or cause to be inspected, each state-
634	owned building on a recurring basis established by rule, and to
635	ensure that high-hazard occupancies are inspected at least
636	annually, for the purpose of ascertaining and causing to be
637	corrected any conditions liable to cause fire or endanger life
638	from fire and any violation of the firesafety standards for
639	state-owned buildings, the provisions of this chapter, or the
640	rules or regulations adopted and promulgated pursuant hereto.
641	The State Fire Marshal shall, within 7 days following an
642	inspection, submit a report of such inspection to the head of
643	the department of state government responsible for the building.
644	(b)  Except as provided in s. 255.45, the department head
645	is responsible for ensuring that deficiencies noted in the
646	inspection are corrected as soon as practicable.
647	(c)  Each department shall, in its annual budget proposal,
648	include requests for sufficient funds to correct any firesafety
649	deficiencies noted by the State Fire Marshal.
650	(d)  Each department shall, in its annual budget proposal
651	and for all proposals for new construction or renovations to
652	existing structures, include requests for sufficient funds to
653	pay for any charges or fees imposed by the State Fire Marshal
654	for review of plans, renovations, occupancy, or inspections,
655	whether recurring or high hazard.
656	(2)  The State Fire Marshal and her or his agents shall
657	conduct performance tests on any electronic fire warning and
658	smoke detection system, and any pressurized air-handling unit,
659	in any state-owned or state-leased space on a recurring basis as
660	provided in subsection (1). The State Fire Marshal and her or
661	his agents shall also ensure that fire drills are conducted in
662	all state-owned or state-leased high-hazard occupancies at least
663	annually.
664	(3)  All construction of any new, or renovation,
665	alteration, or change of occupancy of any existing, state-owned
666	or state-leased space shall comply with the uniform firesafety
667	standards of the State Fire Marshal.
668	(a)  For all new construction or renovation, alteration, or
669	change of occupancy of state-leased space, compliance with the
670	uniform firesafety standards shall be determined by reviewing
671	the plans for the proposed construction or occupancy submitted
672	by the lessor to the Division of State Fire Marshal for review
673	and approval prior to commencement of construction or occupancy,
674	which review shall be completed within 10 working days after
675	receipt of the plans by the Division of State Fire Marshal.
676	(b)  The plans for all construction of any new, or
677	renovation or alteration of any existing, state-owned building
678	are subject to the review and approval of the Division of State
679	Fire Marshal for compliance with the uniform firesafety
680	standards prior to commencement of construction or change of
681	occupancy, which review shall be completed within 30 calendar
682	days of receipt of the plans by the Division of State Fire
683	Marshal.
684	(4)  The Division of State Fire Marshal may inspect state-
685	owned space and state-leased space as necessary prior to
686	occupancy or during construction, renovation, or alteration to
687	ascertain compliance with the uniform firesafety standards.
688	Whenever the Division of State Fire Marshal determines by virtue
689	of such inspection or by review of plans that construction,
690	renovation, or alteration of state-owned and state-leased space
691	is not in compliance with the uniform firesafety standards, the
692	Division of State Fire Marshal shall issue an order to cease
693	construction, renovation, or alteration, or to preclude
694	occupancy, of a building until compliance is obtained, except
695	for those activities required to achieve such compliance.
696	(5)  The Division of State Fire Marshal shall by rule
697	provide a schedule of fees to pay for the costs of the
698	inspections, whether recurring or high hazard, any firesafety
699	review or plans for proposed construction, renovations, or
700	occupancy, and related administrative expenses.
701	Section 9.  This act shall take effect July 1, 2004.

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