HB 7143

1
A bill to be entitled
2An act relating to the leasing of private property by
3state agencies; amending s. 255.248, F.S.; providing
4definitions; amending s. 255.249, F.S.; requiring the
5Department of Management Services to develop and implement
6a strategic leasing plan; requiring the department to
7annually publish a master leasing report containing
8certain information; removing the expiration of provisions
9requiring that the department annually report to the
10Governor and the Legislature certain information
11concerning leases that are due to expire and amendments
12and supplements to and waivers of the terms and conditions
13of lease agreements; requiring each agency to annually
14provide specified information to the department; requiring
15that the department adopt certain rules; removing the
16expiration of provisions requiring that certain specified
17clauses be included in the terms and conditions of a
18lease; authorizing the department to contract for real
19estate consulting or tenant brokerage services for
20specified purposes; exempting certain funds from certain
21charges; amending s. 255.25, F.S.; requiring each agency
22to consult with the department regarding specified leasing
23opportunities; requiring the agency to initiate a
24competitive solicitation or lease renewal under certain
25circumstances; requiring prior approval by the department
26for amendments to current leases; removing the expiration
27of provisions requiring that the department approve the
28terms of a lease by a state agency; requiring an analysis
29if the department approves an amendment or supplement to
30or waiver of a term or condition of a lease agreement;
31prohibiting a state agency from entering into certain
32leases of space in a privately owned building; providing
33exceptions; providing requirements for the use of
34invitations to bid, requests for proposals, and
35invitations to negotiate; providing criteria for awarding
36contracts; providing criteria for protesting an agency
37decision or intended decision pertaining to a competitive
38solicitation for leased space; providing criteria for the
39department to use when determining the state's best
40interest and when approving leases of 5,000 square feet or
41more; authorizing state agencies to use the services of a
42tenant broker under specified circumstances; authorizing
43the department to procure a state term contract for real
44estate consulting and brokerage services; removing the
45expiration of provisions providing legislative intent with
46respect to the use of state-owned buildings; requiring
47that the department create a plan for fully using such
48buildings before leasing private buildings; requiring an
49annual report to the Legislature and the Governor;
50providing appropriations and authorizing positions;
51providing an effective date.
52
53Be It Enacted by the Legislature of the State of Florida:
54
55     Section 1.  Section 255.248, Florida Statutes, is amended
56to read:
57     255.248  Definitions; ss. 255.249 and 255.25.--As The
58following definitions shall apply when used in ss. 255.249 and
59255.25, the term:
60     (1)  "Best leasing value" means the highest overall value
61to the state based on objective factors that include, but are
62not limited to, the rental rate, the renewal rate, operational
63and maintenance costs, any tenant-improvement allowance,
64location, the lease term, the condition of the facility,
65landlord responsibility, amenities, and parking.
66     (2)  "Competitive solicitation" means an invitation to bid,
67a request for proposals, or an invitation to negotiate.
68     (3)  "Department" means the Department of Management
69Services.
70     (4)  "Privately owned building" means any building not
71owned by a governmental agency.
72     (5)  "Responsible lessor" means a lessor who has the
73capability in all respects to fully perform the contract
74requirements and the integrity and reliability that will ensure
75good faith performance.
76     (6)  "Responsive bid," "responsive proposal," or
77"responsive reply" means a bid, proposal, or reply submitted by
78a responsive and responsible vendor that conforms in all
79material respects to the solicitation.
80     (7)  "Responsive lessor" means a lessor that has submitted
81a bid, proposal, or reply that conforms in all material respects
82to the solicitation.
83     (8)(1)  The term "State-owned office building" means any
84building title to which is vested in the state and which is used
85by one or more executive agencies predominantly for
86administrative direction and support functions. This term
87excludes:
88     (a)  District or area offices established for field
89operations where law enforcement, military, inspections, road
90operations, or tourist welcoming functions are performed.
91     (b)  All educational facilities and institutions under the
92supervision of the Department of Education.
93     (c)  All custodial facilities and institutions used
94primarily for the care, custody, or treatment of wards of the
95state.
96     (d)  Buildings or spaces used for legislative activities.
97     (e)  Buildings purchased or constructed from agricultural
98or citrus trust funds.
99     (2)  The term "privately owned building" shall mean any
100building not owned by a governmental agency.
101     Section 2.  Subsections (1), (3), (4), and (5) of section
102255.249, Florida Statutes, are amended, and subsection (6) is
103added to that section, to read:
104     255.249  Department of Management Services; responsibility;
105department rules.--
106     (1)  The department of Management Services shall have
107responsibility and authority for the custodial and preventive
108maintenance, repair, and allocation of space of all buildings in
109the Florida Facilities Pool and the grounds located adjacent
110thereto.
111     (3)(a)  The department shall, to the extent feasible,
112coordinate the vacation of privately owned leased space with the
113expiration of the lease on that space and, when a lease is
114terminated before expiration of its base term, will make a
115reasonable effort to place another state agency in the space
116vacated. Any state agency may lease the space in any building
117that was subject to a lease terminated by a state agency for a
118period of time equal to the remainder of the base term without
119the requirement of competitive bidding.
120     (b)  The department shall develop and implement a strategic
121leasing plan. The strategic leasing plan shall forecast agency
122space needs for all state agencies and identify opportunities
123for reducing costs through consolidation, relocation,
124reconfiguration, capital investment, and the building or
125acquisition of state-owned space.
126     (c)(b)  Beginning fiscal year 2008-2009, the department
127shall annually publish a master leasing report that lists, by
128agency, all leases that are due to expire within 24 months. The
129annual report must include the following information for each
130lease: location; size of leased space; current cost per leased
131square foot; lease expiration date; and a determination of
132whether sufficient state-owned office space will be available at
133the expiration of the lease to house affected employees. The
134report must also include a list of amendments and supplements to
135and waivers of terms and conditions in lease agreements that
136have been approved pursuant to s. 255.25(2)(a) during the
137previous 12 months and an associated comprehensive analysis,
138including financial implications, showing that any amendment,
139supplement, or waiver is in the state's long-term best interest.
140The department shall furnish the master leasing this report to
141the Executive Office of the Governor and the Legislature by
142September 15 of each year, which provides the following
143information:
144     1.  A list, by agency and by geographic market, of all
145leases that are due to expire within 24 months.
146     2.  Details of each lease, including the location, size,
147cost per leased square foot, and lease-expiration date and a
148determination of whether sufficient state-owned office space
149will be available at the expiration of the lease to accommodate
150affected employees.
151     3.  A list of amendments and supplements to and waivers of
152terms and conditions in lease agreements that have been approved
153pursuant to s. 255.25(2)(a) during the previous 12 months and an
154associated comprehensive analysis, including financial
155implications, showing that any amendment, supplement, or waiver
156is in the state's long-term best interest.
157     4.  Financial impacts to the pool rental rate due to sale,
158removal, acquisition, or construction of pool facilities.
159     5.  Changes in occupancy rate, maintenance costs, and
160efficiency costs of leases in the state portfolio; changes to
161occupancy costs in leased space by market; and changes to space
162consumption by agency and by market.
163     6.  An analysis of portfolio supply and demand.
164     7.  Cost-benefit analyses of acquisition, build and
165consolidation opportunities, recommendations for strategic
166consolidation, and strategic recommendations for disposition,
167acquisition, and build.
168     (d)  On or before June 30 of each year, each state agency
169shall provide to the department all information regarding agency
170programs affecting the need for or use of space by that agency,
171reviews of lease-expiration schedules for each geographic area,
172active and planned full-time equivalent data, business case
173analyses related to consolidation plans by an agency, and
174current occupancy and relocation costs, inclusive of
175furnishings, fixtures and equipment, data, and communications.
176This paragraph expires July 1, 2007.
177     (4)  The department shall adopt promulgate rules pursuant
178to chapter 120 providing:
179     (a)  Methods for accomplishing the duties outlined in
180subsection (1).
181     (b)  Procedures for soliciting and accepting competitive
182solicitations proposals for leased space of 5,000 square feet or
183more in privately owned buildings, for evaluating the proposals
184received, for exemption from competitive solicitations bidding
185requirements of any lease the purpose of which is the provision
186of care and living space for persons or emergency space needs as
187provided in s. 255.25(10), and for the securing of at least
188three documented quotes for a lease that is not required to be
189competitively solicited bid.
190     (c)  A standard method for determining square footage or
191any other measurement used as the basis for lease payments or
192other charges.
193     (d)  Methods of allocating space in both state-owned office
194buildings and privately owned buildings leased by the state
195based on use, personnel, and office equipment.
196     (e)1.  Acceptable terms and conditions for inclusion in
197lease agreements.
198     2.  Such terms and conditions shall include, at a minimum,
199the following clauses, which may not be amended, supplemented,
200or waived:
201     a.  As provided in s. 255.2502, "The State of Florida's
202performance and obligation to pay under this contract is
203contingent upon an annual appropriation by the Legislature."
204     b.  "The Lessee shall have the right to terminate, without
205penalty, this lease in the event a State-owned building becomes
206available to the Lessee for occupancy in the County of
207__________, Florida, during the term of said lease for the
208purposes for which this space is being leased upon giving 6
209months' advance written notice to the Lessor by Certified Mail,
210Return Receipt Requested."
211
212This subparagraph expires July 1, 2007.
213     (f)  Maximum rental rates, by geographic areas or by
214county, for leasing privately owned space.
215     (g)  A standard method for the assessment of rent to state
216agencies and other authorized occupants of state-owned office
217space, notwithstanding the source of funds.
218     (h)  For full disclosure of the names and the extent of
219interest of the owners holding a 4-percent or more interest in
220any privately owned property leased to the state or in the
221entity holding title to the property, for exemption from such
222disclosure of any beneficial interest which is represented by
223stock in any corporation registered with the Securities and
224Exchange Commission or registered pursuant to chapter 517, which
225stock is for sale to the general public, and for exemption from
226such disclosure of any leasehold interest in property located
227outside the territorial boundaries of the United States.
228     (i)  For full disclosure of the names of all public
229officials, agents, or employees holding any interest in any
230privately owned property leased to the state or in the entity
231holding title to the property, and the nature and extent of
232their interest, for exemption from such disclosure of any
233beneficial interest that which is represented by stock in any
234corporation registered with the Securities and Exchange
235Commission or registered pursuant to chapter 517, which stock is
236for sale to the general public, and for exemption from such
237disclosure of any leasehold interest in property located outside
238the territorial boundaries of the United States.
239     (j)  A method for reporting leases for nominal or no
240consideration.
241     (k)  For a lease of less than 5,000 square feet, a method
242for certification by the agency head or the agency head's
243designated representative that all criteria for leasing have
244been fully complied with and for the filing of a copy of such
245lease and all supporting documents with the department for its
246review and approval as to technical sufficiency.
247     (l)  A standardized format for state agency reporting of
248the information required by paragraph (3)(d).
249     (5)  The department of Management Services shall prepare a
250form listing all conditions and requirements adopted pursuant to
251this chapter which must be met by any state agency leasing any
252building or part thereof. Before executing any lease, this form
253shall be certified by the agency head or the agency head's
254designated representative and submitted to the department.
255     (6)  The department may contract for real estate consulting
256or tenant brokerage services in order to carry out its duties
257relating to the strategic leasing plan. The contract shall be
258procured pursuant to s. 287.057. The vendor that is awarded the
259contract shall be compensated by the department, subject to the
260provisions of the contract, with such compensation being subject
261to appropriation by the Legislature. The real estate consultant
262or tenant broker may not receive compensation directly from a
263lessor for services that are rendered pursuant to the contract.
264Moneys paid to the real estate consultant or tenant broker are
265exempt from any charge imposed under s. 287.1345. Moneys paid by
266a lessor to the department under a facility-leasing arrangement
267are not subject to the charges imposed under s. 215.20.
268     Section 3.  Subsections (1), (2), (3), (4), and (8) of
269section 255.25, Florida Statutes, are amended to read:
270     255.25  Approval required prior to construction or lease of
271buildings.--
272     (1)(a)  A No state agency may not lease space in a private
273building that is to be constructed for state use unless prior
274approval of the architectural design and preliminary
275construction plans is first obtained from the department of
276Management Services.
277     (b)  During the term of existing leases, each agency shall
278consult with the department regarding opportunities for
279consolidation, use of state-owned space, build-to-suit space,
280and potential acquisitions; shall monitor market conditions; and
281shall initiate a competitive solicitation or, if appropriate,
282lease-renewal negotiations for each lease held in the private
283sector to effect the best overall lease terms reasonably
284available to that agency. With prior approval of the department,
285amendments to leases may be permitted to modify any lease
286provisions or any other terms or conditions, except to the
287extent specifically prohibited by this chapter. The department
288of Management Services shall serve as a mediator in lease-
289renewal negotiations lease renegotiations if the agency and the
290lessor are unable to reach a compromise within 6 months after of
291renegotiation and if either the agency or lessor requests the
292Department of Management Services' intervention by the
293department.
294     (c)  When specifically authorized by the Appropriations Act
295and in accordance with s. 255.2501, if applicable, the
296Department of Management Services may approve a lease-purchase,
297sale-leaseback, or tax-exempt leveraged lease contract or other
298financing technique for the acquisition, renovation, or
299construction of a state fixed capital outlay project when it is
300in the best interest of the state.
301     (2)(a)  Except as provided in s. 255.2501, a no state
302agency may not lease a building or any part thereof unless prior
303approval of the lease conditions and of the need therefor is
304first obtained from the department of Management Services. Any
305approved lease may include an option to purchase or an option to
306renew the lease, or both, upon such terms and conditions as are
307established by the department subject to final approval by the
308head of the department of Management Services and s. 255.2502.
309     (b)  The approval of the department of Management Services,
310except for technical sufficiency, need not be obtained for the
311lease of less than 5,000 square feet of space within a privately
312owned building, provided the agency head or the agency head's
313designated representative has certified compliance with
314applicable leasing criteria as may be provided pursuant to s.
315255.249(4)(k) and has determined such lease to be in the best
316interest of the state. Such a lease which is for a term
317extending beyond the end of a fiscal year is subject to the
318provisions of ss. 216.311, 255.2502, and 255.2503.
319     (c)  The department of Management Services shall adopt as a
320rule uniform leasing procedures for use by each state agency
321other than the Department of Transportation. Each state agency
322shall ensure that the leasing practices of that agency are in
323substantial compliance with the uniform leasing rules adopted
324under this section and ss. 255.249, 255.2502, and 255.2503.
325     (d)  Notwithstanding paragraph (a) and except as provided
326in ss. 255.249 and 255.2501, a state agency may not lease a
327building or any part thereof unless prior approval of the lease
328terms and conditions and of the need therefor is first obtained
329from the department of Management Services. The department may
330not approve any term or condition in a lease agreement which has
331been amended, supplemented, or waived unless a comprehensive
332analysis, including financial implications, demonstrates that
333such amendment, supplement, or waiver is in the state's long-
334term best interest. Any approved lease may include an option to
335purchase or an option to renew the lease, or both, upon such
336terms and conditions as are established by the department
337subject to final approval by the head of the department of
338Management Services and the provisions of s. 255.2502. This
339paragraph expires July 1, 2007.
340     (3)(a)  Except as provided in subsection (10), a no state
341agency may not shall enter into a lease as lessee for the use of
3425,000 square feet or more of space in a privately owned building
343except upon advertisement for and receipt of competitive
344solicitations bids and award to the lowest and best bidder.
345     1.a.  An invitation to bid shall be made available
346simultaneously to all lessors and must include a detailed
347description of the space sought; the time and date for the
348receipt of bids and of the public opening; and all contractual
349terms and conditions applicable to the procurement, including
350the criteria to be used in determining acceptability of the bid.
351If the agency contemplates renewal of the contract, that fact
352must be stated in the invitation to bid. The bid must include
353the price for each year for which the contract may be renewed.
354Evaluation of bids shall include consideration of the total cost
355for each year as submitted by the lessor. Criteria that were not
356set forth in invitation to bid may not be used in determining
357acceptability of the bid.
358     b.  The contract shall be awarded with reasonable
359promptness by written notice to the responsible and responsive
360lessor that submits the lowest responsive bid. This bid must be
361determined in writing to meet the requirements and criteria set
362forth in the invitation to bid.
363     2.a.  If an agency determines in writing that the use of an
364invitation to bid is not practicable, leased space shall be
365procured by competitive sealed proposals. A request for
366proposals shall be made available simultaneously to all lessors
367and must include a statement of the space sought; the time and
368date for the receipt of proposals and of the public opening; and
369all contractual terms and conditions applicable to the
370procurement, including the criteria, which must include, but
371need not be limited to, price, to be used in determining
372acceptability of the proposal. The relative importance of price
373and other evaluation criteria shall be indicated. If the agency
374contemplates renewal of the contract, that fact must be stated
375in the request for proposals. The proposal must include the
376price for each year for which the contract may be renewed.
377Evaluation of proposals shall include consideration of the total
378cost for each year as submitted by the lessor.
379     b.  The contract shall be awarded to the responsible and
380responsive lessor whose proposal is determined in writing to be
381the most advantageous to the state, taking into consideration
382the price and the other criteria set forth in the request for
383proposals. The contract file must contain documentation
384supporting the basis on which the award is made.
385     3.a.  If the agency determines in writing that the use of
386an invitation to bid or a request for proposals will not result
387in the best value to the state, the agency may procure leased
388space by competitive sealed replies. The agency's written
389determination must specify reasons that explain why negotiation
390may be necessary in order for the state to achieve the best
391leasing value and must be approved in writing by the agency head
392or his or her designee prior to the advertisement of an
393invitation to negotiate. Cost savings related to the agency
394procurement process are not sufficient justification for using
395an invitation to negotiate. An invitation to negotiate shall be
396made available to all lessors simultaneously and must include a
397statement of the space sought; the time and date for the receipt
398of replies and of the public opening; and all terms and
399conditions applicable to the procurement, including the criteria
400to be used in determining the acceptability of the reply. If the
401agency contemplates renewal of the contract, that fact must be
402stated in the invitation to negotiate. The reply must include
403the price for each year for which the contract may be renewed.
404     b.  The agency shall evaluate and rank responsive replies
405against all evaluation criteria set forth in the invitation to
406negotiate and shall select, based on the ranking, one or more
407lessors with which to commence negotiations. After negotiations
408are conducted, the agency shall award the contract to the
409responsible and responsive lessor that the agency determines
410will provide the best leasing value to the state. The contract
411file must contain a short, plain statement that explains the
412basis for lessor selection and sets forth the lessor's
413deliverables and price pursuant to the contract and an
414explanation of how these deliverables and price provide the best
415leasing value to the state.
416     (b)  The department of Management Services shall have the
417authority to approve a lease for 5,000 square feet or more of
418space that covers more than 1 fiscal year, subject to the
419provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if
420such lease is, in the judgment of the department, in the best
421interests of the state. In determining best interest, the
422department shall consider availability of state-owned space and
423analyses of build-to-suit and acquisition opportunities. This
424paragraph does not apply to buildings or facilities of any size
425leased for the purpose of providing care and living space for
426persons.
427     (c)(b)  The department of Management Services may approve
428extensions of an existing lease of 5,000 square feet or more of
429space if such extensions are determined to be in the best
430interests of the state, but in no case shall the total of such
431extensions exceed 11 months. If at the end of the 11th month an
432agency still needs that space, it shall be procured by
433competitive bid in accordance with s. 255.249(4)(b). However, an
434agency that determines that it is in its best interest to remain
435in the space it currently occupies may negotiate a replacement
436lease with the lessor if an independent comparative market
437analysis demonstrates that the rates offered are within market
438rates for the space and the cost of the new lease does not
439exceed the cost of a comparable lease plus documented moving
440costs. A present-value analysis and the consumer price index
441shall be used in the calculation of lease costs. The term of the
442replacement lease may not exceed the base term of the expiring
443lease.
444     (d)(c)  Any person who files an action protesting a
445decision or intended decision pertaining to a competitive
446solicitation bid for space to be leased by the agency pursuant
447to s. 120.57(3)(b) shall post with the state agency at the time
448of filing the formal written protest a bond payable to the
449agency in an amount equal to 1 percent of the estimated total
450rental of the basic lease period or $5,000, whichever is
451greater, which bond shall be conditioned upon the payment of all
452costs which may be adjudged against him or her in the
453administrative hearing in which the action is brought and in any
454subsequent appellate court proceeding. If the agency prevails
455after completion of the administrative hearing process and any
456appellate court proceedings, it shall recover all costs and
457charges that which shall be included in the final order or
458judgment, excluding attorney's fees. Upon payment of such costs
459and charges by the person protesting the award, the bond shall
460be returned to him or her. If the person protesting the award
461prevails, the bond shall be returned to that person and he or
462she shall recover from the agency all costs and charges which
463shall be included in the final order of judgment, excluding
464attorney's fees.
465     (e)(d)  The agency and the lessor, when entering into a
466lease for 5,000 or more square feet of a privately owned
467building, shall, before the effective date of the lease, agree
468upon and separately state the cost of tenant improvements which
469may qualify for reimbursement if the lease is terminated before
470the expiration of its base term. The department shall serve as
471mediator if the agency and the lessor are unable to agree. The
472amount agreed upon and stated shall, if appropriated, be
473amortized over the original base term of the lease on a
474straight-line basis.
475     (f)(e)  The unamortized portion of tenant improvements, if
476appropriated, shall will be paid in equal monthly installments
477over the remaining term of the lease. If any portion of the
478original leased premises is occupied after termination but
479during the original term by a tenant that does not require
480material changes to the premises, the repayment of the cost of
481tenant improvements applicable to the occupied but unchanged
482portion shall be abated during occupancy. The portion of the
483repayment to be abated shall be based on the ratio of leased
484space to unleased space.
485     (g)  Notwithstanding s. 287.056(1), a state agency may, at
486the sole discretion of the agency head or his or her designee,
487use the services of a tenant broker to assist with a competitive
488solicitation undertaken by the agency. In making its
489determination whether to use a tenant broker, a state agency
490shall consult with the department. After October 1, 2007, a
491state agency may not use the services of a tenant broker unless
492the tenant broker is under a term contract with the state which
493complies with paragraph (h). If a state agency uses the services
494of a tenant broker with respect to a transaction, the agency may
495not enter into a lease with any landlord to which the tenant
496broker is providing brokerage services for that transaction.
497     (h)  The department may, pursuant to s. 287.042(2)(a),
498procure a term contract for real estate consulting and brokerage
499services. A state agency may not purchase services from the
500contract unless the contract has been procured under s.
501287.057(1), (2), or (3) and contains the following provisions or
502requirements:
503     1.  Awarded brokers must maintain an office or presence in
504the market served. In awarding the contract, preference must be
505given to brokers that are licensed in this state under chapter
506475 and that have 3 or more years of experience in the market
507served. The contract may be made with up to three tenant brokers
508in order to serve the marketplace in the north, central, and
509south areas of the state.
510     2.  Each contracted tenant broker shall work under the
511direction, supervision, and authority of the state agency,
512subject to the rules governing lease procurements.
513     3.  The department shall provide training for the awarded
514tenant brokers concerning the rules governing the procurement of
515leases.
516     4.  Tenant brokers should participate in developing the
517strategic leasing plan.
518     5.  Tenant brokers must comply with all applicable
519provisions of s. 475.278.
520     6.  Real estate consultants and tenant brokers shall be
521compensated by the state agency, subject to the provisions of
522the term contract, and such compensation is subject to
523appropriation by the Legislature. A real estate consultant or
524tenant broker may not receive compensation directly from a
525lessor for services that are rendered under the term contract.
526Moneys paid to a real estate consultant or tenant broker are
527exempt from any charge imposed under s. 287.1345. Moneys paid by
528a lessor to the state agency under a facility leasing
529arrangement are not subject to the charges imposed under s.
530215.20. All terms relating to the compensation of the real
531estate consultant or tenant broker shall be specified in the
532term contract and may not be supplemented or modified by the
533state agency using the contract.
534     (i)  The department shall conduct periodic customer-
535satisfaction surveys.
536     (j)  Each state agency shall report the following
537information to the department:
538     1.  The number of leases that adhere to the goal of the
539workspace-management initiative of 180 square feet per FTE.
540     2.  The quality of space leased and the adequacy of tenant-
541improvement funds.
542     3.  The timeliness of lease procurement, measured from the
543date of the agency's request to the finalization of the lease.
544     4.  Whether cost-benefit analyses were performed before
545execution of the lease in order to ensure that the lease is in
546the best interest of the state.
547     5.  The lease costs compared to market rates for similar
548types and classifications of space according to the official
549classifications of the Building Owners and Managers Association.
550     (4)(a)  The department of Management Services shall not
551authorize any state agency to enter into a lease agreement for
552space in a privately owned building when suitable space is
553available in a state-owned building located in the same
554geographic region, except upon presentation to the department of
555sufficient written justification, acceptable to the department,
556that a separate space is required in order to fulfill the
557statutory duties of the agency making such request. The term
558"state-owned building" as used in this subsection means any
559state-owned facility regardless of use or control.
560     (b)  State agencies shall cooperate with local governmental
561units by using suitable, existing publicly owned facilities,
562subject to the provisions of ss. 255.2501, 255.2502, and
563255.2503. Agencies may utilize unexpended funds appropriated for
564lease payments to:
565     1.  Pay their proportion of operating costs.
566     2.  Renovate applicable spaces.
567     (c)  Because the state has a substantial financial
568investment in state-owned buildings, it is legislative policy
569and intent that when state-owned buildings meet the needs of
570state agencies, agencies must fully use such buildings before
571leasing privately owned buildings. By September 15, 2006, the
572Department of Management Services shall create a 5-year plan for
573implementing this policy. The department shall update this plan
574annually, detailing proposed departmental actions to meet the
575plan's goals. The department shall furnish this plan to the
576President of the Senate, the Speaker of the House of
577Representatives, and the Executive Office of the Governor by
578September 15 of each year, as part of the master leasing report.
579This paragraph expires July 1, 2007.
580     (8)  An No agency may not shall enter into more than one
581lease for space in the same privately owned facility or complex
582within any 12-month period except upon competitive the
583solicitation of competitive bids.
584     Section 4.  For the 2007-2008 fiscal year, the sum of
585$330,620 in recurring funds and the sum of $23,630 in
586nonrecurring funds are appropriated from the Supervision Trust
587Fund in the Department of Management Services. Five full-time
588equivalent positions with the associated salary rate of 272,500
589are authorized for the purpose of providing strategic planning
590of leasing transactions for the state.
591     Section 5.  This act shall take effect July 1, 2007.


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