CS/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 the procedure for payment to the tenant broker
51for commissions earned; providing appropriations and
52authorizing positions; providing an effective date.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 255.248, Florida Statutes, is amended
57to read:
58     255.248  Definitions; ss. 255.249 and 255.25.--As The
59following definitions shall apply when used in ss. 255.249 and
60255.25, the term:
61     (1)  "Best leasing value" means the highest overall value
62to the state based on objective factors that include, but are
63not limited to, the rental rate, the renewal rate, operational
64and maintenance costs, any tenant-improvement allowance,
65location, the lease term, the condition of the facility,
66landlord responsibility, amenities, and parking.
67     (2)  "Competitive solicitation" means an invitation to bid,
68a request for proposals, or an invitation to negotiate.
69     (3)  "Department" means the Department of Management
70Services.
71     (4)  "Privately owned building" means any building not
72owned by a governmental agency.
73     (5)  "Responsible lessor" means a lessor who has the
74capability in all respects to fully perform the contract
75requirements and the integrity and reliability that will ensure
76good faith performance.
77     (6)  "Responsive bid," "responsive proposal," or
78"responsive reply" means a bid, proposal, or reply submitted by
79a responsive and responsible vendor that conforms in all
80material respects to the solicitation.
81     (7)  "Responsive lessor" means a lessor that has submitted
82a bid, proposal, or reply that conforms in all material respects
83to the solicitation.
84     (8)(1)  The term "State-owned office building" means any
85building title to which is vested in the state and which is used
86by one or more executive agencies predominantly for
87administrative direction and support functions. This term
88excludes:
89     (a)  District or area offices established for field
90operations where law enforcement, military, inspections, road
91operations, or tourist welcoming functions are performed.
92     (b)  All educational facilities and institutions under the
93supervision of the Department of Education.
94     (c)  All custodial facilities and institutions used
95primarily for the care, custody, or treatment of wards of the
96state.
97     (d)  Buildings or spaces used for legislative activities.
98     (e)  Buildings purchased or constructed from agricultural
99or citrus trust funds.
100     (2)  The term "privately owned building" shall mean any
101building not owned by a governmental agency.
102     Section 2.  Subsections (1), (3), (4), and (5) of section
103255.249, Florida Statutes, are amended, and subsection (6) is
104added to that section, to read:
105     255.249  Department of Management Services; responsibility;
106department rules.--
107     (1)  The department of Management Services shall have
108responsibility and authority for the custodial and preventive
109maintenance, repair, and allocation of space of all buildings in
110the Florida Facilities Pool and the grounds located adjacent
111thereto.
112     (3)(a)  The department shall, to the extent feasible,
113coordinate the vacation of privately owned leased space with the
114expiration of the lease on that space and, when a lease is
115terminated before expiration of its base term, will make a
116reasonable effort to place another state agency in the space
117vacated. Any state agency may lease the space in any building
118that was subject to a lease terminated by a state agency for a
119period of time equal to the remainder of the base term without
120the requirement of competitive bidding.
121     (b)  The department shall develop and implement a strategic
122leasing plan. The strategic leasing plan shall forecast agency
123space needs for all state agencies and identify opportunities
124for reducing costs through consolidation, relocation,
125reconfiguration, capital investment, and the building or
126acquisition of state-owned space.
127     (c)(b)  Beginning fiscal year 2008-2009, the department
128shall annually publish a master leasing report that lists, by
129agency, all leases that are due to expire within 24 months. The
130annual report must include the following information for each
131lease: location; size of leased space; current cost per leased
132square foot; lease expiration date; and a determination of
133whether sufficient state-owned office space will be available at
134the expiration of the lease to house affected employees. The
135report must also include a list of amendments and supplements to
136and waivers of terms and conditions in lease agreements that
137have been approved pursuant to s. 255.25(2)(a) during the
138previous 12 months and an associated comprehensive analysis,
139including financial implications, showing that any amendment,
140supplement, or waiver is in the state's long-term best interest.
141The department shall furnish the master leasing this report to
142the Executive Office of the Governor and the Legislature by
143September 15 of each year, which provides the following
144information:
145     1.  A list, by agency and by geographic market, of all
146leases that are due to expire within 24 months.
147     2.  Details of each lease, including the location, size,
148cost per leased square foot, and lease-expiration date and a
149determination of whether sufficient state-owned office space
150will be available at the expiration of the lease to accommodate
151affected employees.
152     3.  A list of amendments and supplements to and waivers of
153terms and conditions in lease agreements that have been approved
154pursuant to s. 255.25(2)(a) during the previous 12 months and an
155associated comprehensive analysis, including financial
156implications, showing that any amendment, supplement, or waiver
157is in the state's long-term best interest.
158     4.  Financial impacts to the pool rental rate due to sale,
159removal, acquisition, or construction of pool facilities.
160     5.  Changes in occupancy rate, maintenance costs, and
161efficiency costs of leases in the state portfolio; changes to
162occupancy costs in leased space by market; and changes to space
163consumption by agency and by market.
164     6.  An analysis of portfolio supply and demand.
165     7.  Cost-benefit analyses of acquisition, build and
166consolidation opportunities, recommendations for strategic
167consolidation, and strategic recommendations for disposition,
168acquisition, and build.
169     (d)  On or before June 30 of each year, each state agency
170shall provide to the department all information regarding agency
171programs affecting the need for or use of space by that agency,
172reviews of lease-expiration schedules for each geographic area,
173active and planned full-time equivalent data, business case
174analyses related to consolidation plans by an agency, and
175current occupancy and relocation costs, inclusive of
176furnishings, fixtures and equipment, data, and communications.
177This paragraph expires July 1, 2007.
178     (4)  The department shall adopt promulgate rules pursuant
179to chapter 120 providing:
180     (a)  Methods for accomplishing the duties outlined in
181subsection (1).
182     (b)  Procedures for soliciting and accepting competitive
183solicitations proposals for leased space of 5,000 square feet or
184more in privately owned buildings, for evaluating the proposals
185received, for exemption from competitive solicitations bidding
186requirements of any lease the purpose of which is the provision
187of care and living space for persons or emergency space needs as
188provided in s. 255.25(10), and for the securing of at least
189three documented quotes for a lease that is not required to be
190competitively solicited bid.
191     (c)  A standard method for determining square footage or
192any other measurement used as the basis for lease payments or
193other charges.
194     (d)  Methods of allocating space in both state-owned office
195buildings and privately owned buildings leased by the state
196based on use, personnel, and office equipment.
197     (e)1.  Acceptable terms and conditions for inclusion in
198lease agreements.
199     2.  Such terms and conditions shall include, at a minimum,
200the following clauses, which may not be amended, supplemented,
201or waived:
202     a.  As provided in s. 255.2502, "The State of Florida's
203performance and obligation to pay under this contract is
204contingent upon an annual appropriation by the Legislature."
205     b.  "The Lessee shall have the right to terminate, without
206penalty, this lease in the event a State-owned building becomes
207available to the Lessee for occupancy in the County of
208__________, Florida, during the term of said lease for the
209purposes for which this space is being leased upon giving 6
210months' advance written notice to the Lessor by Certified Mail,
211Return Receipt Requested."
212
213This subparagraph expires July 1, 2007.
214     (f)  Maximum rental rates, by geographic areas or by
215county, for leasing privately owned space.
216     (g)  A standard method for the assessment of rent to state
217agencies and other authorized occupants of state-owned office
218space, notwithstanding the source of funds.
219     (h)  For full disclosure of the names and the extent of
220interest of the owners holding a 4-percent or more interest in
221any privately owned property leased to the state or in the
222entity holding title to the property, for exemption from such
223disclosure of any beneficial interest which is represented by
224stock in any corporation registered with the Securities and
225Exchange Commission or registered pursuant to chapter 517, which
226stock is for sale to the general public, and for exemption from
227such disclosure of any leasehold interest in property located
228outside the territorial boundaries of the United States.
229     (i)  For full disclosure of the names of all public
230officials, agents, or employees holding any interest in any
231privately owned property leased to the state or in the entity
232holding title to the property, and the nature and extent of
233their interest, for exemption from such disclosure of any
234beneficial interest that which is represented by stock in any
235corporation registered with the Securities and Exchange
236Commission or registered pursuant to chapter 517, which stock is
237for sale to the general public, and for exemption from such
238disclosure of any leasehold interest in property located outside
239the territorial boundaries of the United States.
240     (j)  A method for reporting leases for nominal or no
241consideration.
242     (k)  For a lease of less than 5,000 square feet, a method
243for certification by the agency head or the agency head's
244designated representative that all criteria for leasing have
245been fully complied with and for the filing of a copy of such
246lease and all supporting documents with the department for its
247review and approval as to technical sufficiency.
248     (l)  A standardized format for state agency reporting of
249the information required by paragraph (3)(d).
250     (5)  The department of Management Services shall prepare a
251form listing all conditions and requirements adopted pursuant to
252this chapter which must be met by any state agency leasing any
253building or part thereof. Before executing any lease, this form
254shall be certified by the agency head or the agency head's
255designated representative and submitted to the department.
256     (6)  The department may contract for real estate consulting
257or tenant brokerage services in order to carry out its duties
258relating to the strategic leasing plan. The contract shall be
259procured pursuant to s. 287.057. The vendor that is awarded the
260contract shall be compensated by the department, subject to the
261provisions of the contract, with such compensation being subject
262to appropriation by the Legislature. The real estate consultant
263or tenant broker may not receive compensation directly from a
264lessor for services that are rendered pursuant to the contract.
265Moneys paid to the real estate consultant or tenant broker are
266exempt from any charge imposed under s. 287.1345. Moneys paid by
267a lessor to the department under a facility-leasing arrangement
268are not subject to the charges imposed under s. 215.20.
269     Section 3.  Subsections (1), (2), (3), (4), and (8) of
270section 255.25, Florida Statutes, are amended to read:
271     255.25  Approval required prior to construction or lease of
272buildings.--
273     (1)(a)  A No state agency may not lease space in a private
274building that is to be constructed for state use unless prior
275approval of the architectural design and preliminary
276construction plans is first obtained from the department of
277Management Services.
278     (b)  During the term of existing leases, each agency shall
279consult with the department regarding opportunities for
280consolidation, use of state-owned space, build-to-suit space,
281and potential acquisitions; shall monitor market conditions; and
282shall initiate a competitive solicitation or, if appropriate,
283lease-renewal negotiations for each lease held in the private
284sector to effect the best overall lease terms reasonably
285available to that agency. With prior approval of the department,
286amendments to leases may be permitted to modify any lease
287provisions or any other terms or conditions, except to the
288extent specifically prohibited by this chapter. The department
289of Management Services shall serve as a mediator in lease-
290renewal negotiations lease renegotiations if the agency and the
291lessor are unable to reach a compromise within 6 months after of
292renegotiation and if either the agency or lessor requests the
293Department of Management Services' intervention by the
294department.
295     (c)  When specifically authorized by the Appropriations Act
296and in accordance with s. 255.2501, if applicable, the
297Department of Management Services may approve a lease-purchase,
298sale-leaseback, or tax-exempt leveraged lease contract or other
299financing technique for the acquisition, renovation, or
300construction of a state fixed capital outlay project when it is
301in the best interest of the state.
302     (2)(a)  Except as provided in s. 255.2501, a no state
303agency may not lease a building or any part thereof unless prior
304approval of the lease conditions and of the need therefor is
305first obtained from the department of Management Services. Any
306approved lease may include an option to purchase or an option to
307renew the lease, or both, upon such terms and conditions as are
308established by the department subject to final approval by the
309head of the department of Management Services and s. 255.2502.
310     (b)  The approval of the department of Management Services,
311except for technical sufficiency, need not be obtained for the
312lease of less than 5,000 square feet of space within a privately
313owned building, provided the agency head or the agency head's
314designated representative has certified compliance with
315applicable leasing criteria as may be provided pursuant to s.
316255.249(4)(k) and has determined such lease to be in the best
317interest of the state. Such a lease which is for a term
318extending beyond the end of a fiscal year is subject to the
319provisions of ss. 216.311, 255.2502, and 255.2503.
320     (c)  The department of Management Services shall adopt as a
321rule uniform leasing procedures for use by each state agency
322other than the Department of Transportation. Each state agency
323shall ensure that the leasing practices of that agency are in
324substantial compliance with the uniform leasing rules adopted
325under this section and ss. 255.249, 255.2502, and 255.2503.
326     (d)  Notwithstanding paragraph (a) and except as provided
327in ss. 255.249 and 255.2501, a state agency may not lease a
328building or any part thereof unless prior approval of the lease
329terms and conditions and of the need therefor is first obtained
330from the department of Management Services. The department may
331not approve any term or condition in a lease agreement which has
332been amended, supplemented, or waived unless a comprehensive
333analysis, including financial implications, demonstrates that
334such amendment, supplement, or waiver is in the state's long-
335term best interest. Any approved lease may include an option to
336purchase or an option to renew the lease, or both, upon such
337terms and conditions as are established by the department
338subject to final approval by the head of the department of
339Management Services and the provisions of s. 255.2502. This
340paragraph expires July 1, 2007.
341     (3)(a)  Except as provided in subsection (10), a no state
342agency may not shall enter into a lease as lessee for the use of
3435,000 square feet or more of space in a privately owned building
344except upon advertisement for and receipt of competitive
345solicitations bids and award to the lowest and best bidder.
346     1.a.  An invitation to bid shall be made available
347simultaneously to all lessors and must include a detailed
348description of the space sought; the time and date for the
349receipt of bids and of the public opening; and all contractual
350terms and conditions applicable to the procurement, including
351the criteria to be used in determining acceptability of the bid.
352If the agency contemplates renewal of the contract, that fact
353must be stated in the invitation to bid. The bid must include
354the price for each year for which the contract may be renewed.
355Evaluation of bids shall include consideration of the total cost
356for each year as submitted by the lessor. Criteria that were not
357set forth in invitation to bid may not be used in determining
358acceptability of the bid.
359     b.  The contract shall be awarded with reasonable
360promptness by written notice to the responsible and responsive
361lessor that submits the lowest responsive bid. This bid must be
362determined in writing to meet the requirements and criteria set
363forth in the invitation to bid.
364     2.a.  If an agency determines in writing that the use of an
365invitation to bid is not practicable, leased space shall be
366procured by competitive sealed proposals. A request for
367proposals shall be made available simultaneously to all lessors
368and must include a statement of the space sought; the time and
369date for the receipt of proposals and of the public opening; and
370all contractual terms and conditions applicable to the
371procurement, including the criteria, which must include, but
372need not be limited to, price, to be used in determining
373acceptability of the proposal. The relative importance of price
374and other evaluation criteria shall be indicated. If the agency
375contemplates renewal of the contract, that fact must be stated
376in the request for proposals. The proposal must include the
377price for each year for which the contract may be renewed.
378Evaluation of proposals shall include consideration of the total
379cost for each year as submitted by the lessor.
380     b.  The contract shall be awarded to the responsible and
381responsive lessor whose proposal is determined in writing to be
382the most advantageous to the state, taking into consideration
383the price and the other criteria set forth in the request for
384proposals. The contract file must contain documentation
385supporting the basis on which the award is made.
386     3.a.  If the agency determines in writing that the use of
387an invitation to bid or a request for proposals will not result
388in the best value to the state, the agency may procure leased
389space by competitive sealed replies. The agency's written
390determination must specify reasons that explain why negotiation
391may be necessary in order for the state to achieve the best
392leasing value and must be approved in writing by the agency head
393or his or her designee prior to the advertisement of an
394invitation to negotiate. Cost savings related to the agency
395procurement process are not sufficient justification for using
396an invitation to negotiate. An invitation to negotiate shall be
397made available to all lessors simultaneously and must include a
398statement of the space sought; the time and date for the receipt
399of replies and of the public opening; and all terms and
400conditions applicable to the procurement, including the criteria
401to be used in determining the acceptability of the reply. If the
402agency contemplates renewal of the contract, that fact must be
403stated in the invitation to negotiate. The reply must include
404the price for each year for which the contract may be renewed.
405     b.  The agency shall evaluate and rank responsive replies
406against all evaluation criteria set forth in the invitation to
407negotiate and shall select, based on the ranking, one or more
408lessors with which to commence negotiations. After negotiations
409are conducted, the agency shall award the contract to the
410responsible and responsive lessor that the agency determines
411will provide the best leasing value to the state. The contract
412file must contain a short, plain statement that explains the
413basis for lessor selection and sets forth the lessor's
414deliverables and price pursuant to the contract and an
415explanation of how these deliverables and price provide the best
416leasing value to the state.
417     (b)  The department of Management Services shall have the
418authority to approve a lease for 5,000 square feet or more of
419space that covers more than 1 fiscal year, subject to the
420provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503, if
421such lease is, in the judgment of the department, in the best
422interests of the state. In determining best interest, the
423department shall consider availability of state-owned space and
424analyses of build-to-suit and acquisition opportunities. This
425paragraph does not apply to buildings or facilities of any size
426leased for the purpose of providing care and living space for
427persons.
428     (c)(b)  The department of Management Services may approve
429extensions of an existing lease of 5,000 square feet or more of
430space if such extensions are determined to be in the best
431interests of the state, but in no case shall the total of such
432extensions exceed 11 months. If at the end of the 11th month an
433agency still needs that space, it shall be procured by
434competitive bid in accordance with s. 255.249(4)(b). However, an
435agency that determines that it is in its best interest to remain
436in the space it currently occupies may negotiate a replacement
437lease with the lessor if an independent comparative market
438analysis demonstrates that the rates offered are within market
439rates for the space and the cost of the new lease does not
440exceed the cost of a comparable lease plus documented moving
441costs. A present-value analysis and the consumer price index
442shall be used in the calculation of lease costs. The term of the
443replacement lease may not exceed the base term of the expiring
444lease.
445     (d)(c)  Any person who files an action protesting a
446decision or intended decision pertaining to a competitive
447solicitation bid for space to be leased by the agency pursuant
448to s. 120.57(3)(b) shall post with the state agency at the time
449of filing the formal written protest a bond payable to the
450agency in an amount equal to 1 percent of the estimated total
451rental of the basic lease period or $5,000, whichever is
452greater, which bond shall be conditioned upon the payment of all
453costs which may be adjudged against him or her in the
454administrative hearing in which the action is brought and in any
455subsequent appellate court proceeding. If the agency prevails
456after completion of the administrative hearing process and any
457appellate court proceedings, it shall recover all costs and
458charges that which shall be included in the final order or
459judgment, excluding attorney's fees. Upon payment of such costs
460and charges by the person protesting the award, the bond shall
461be returned to him or her. If the person protesting the award
462prevails, the bond shall be returned to that person and he or
463she shall recover from the agency all costs and charges which
464shall be included in the final order of judgment, excluding
465attorney's fees.
466     (e)(d)  The agency and the lessor, when entering into a
467lease for 5,000 or more square feet of a privately owned
468building, shall, before the effective date of the lease, agree
469upon and separately state the cost of tenant improvements which
470may qualify for reimbursement if the lease is terminated before
471the expiration of its base term. The department shall serve as
472mediator if the agency and the lessor are unable to agree. The
473amount agreed upon and stated shall, if appropriated, be
474amortized over the original base term of the lease on a
475straight-line basis.
476     (f)(e)  The unamortized portion of tenant improvements, if
477appropriated, shall will be paid in equal monthly installments
478over the remaining term of the lease. If any portion of the
479original leased premises is occupied after termination but
480during the original term by a tenant that does not require
481material changes to the premises, the repayment of the cost of
482tenant improvements applicable to the occupied but unchanged
483portion shall be abated during occupancy. The portion of the
484repayment to be abated shall be based on the ratio of leased
485space to unleased space.
486     (g)  Notwithstanding s. 287.056(1), a state agency may, at
487the sole discretion of the agency head or his or her designee,
488use the services of a tenant broker to assist with a competitive
489solicitation undertaken by the agency. In making its
490determination whether to use a tenant broker, a state agency
491shall consult with the department. After October 1, 2007, a
492state agency may not use the services of a tenant broker unless
493the tenant broker is under a term contract with the state which
494complies with paragraph (h). If a state agency uses the services
495of a tenant broker with respect to a transaction, the agency may
496not enter into a lease with any landlord to which the tenant
497broker is providing brokerage services for that transaction.
498     (h)  The department may, pursuant to s. 287.042(2)(a),
499procure a term contract for real estate consulting and brokerage
500services. A state agency may not purchase services from the
501contract unless the contract has been procured under s.
502287.057(1), (2), or (3) and contains the following provisions or
503requirements:
504     1.  Awarded brokers must maintain an office or presence in
505the market served. In awarding the contract, preference must be
506given to brokers that are licensed in this state under chapter
507475 and that have 3 or more years of experience in the market
508served. The contract may be made with up to three tenant brokers
509in order to serve the marketplace in the north, central, and
510south areas of the state.
511     2.  Each contracted tenant broker shall work under the
512direction, supervision, and authority of the state agency,
513subject to the rules governing lease procurements.
514     3.  The department shall provide training for the awarded
515tenant brokers concerning the rules governing the procurement of
516leases.
517     4.  Tenant brokers should participate in developing the
518strategic leasing plan.
519     5.  Tenant brokers must comply with all applicable
520provisions of s. 475.278.
521     6.  Real estate consultants and tenant brokers shall be
522compensated by the state agency, subject to the provisions of
523the term contract, and such compensation is subject to
524appropriation by the Legislature. A real estate consultant or
525tenant broker may not receive compensation directly from a
526lessor for services that are rendered under the term contract.
527Moneys paid to a real estate consultant or tenant broker are
528exempt from any charge imposed under s. 287.1345. Moneys paid by
529a lessor to the state agency under a facility leasing
530arrangement are not subject to the charges imposed under s.
531215.20. All terms relating to the compensation of the real
532estate consultant or tenant broker shall be specified in the
533term contract and may not be supplemented or modified by the
534state agency using the contract.
535     (i)  The department shall conduct periodic customer-
536satisfaction surveys.
537     (j)  Each state agency shall report the following
538information to the department:
539     1.  The number of leases that adhere to the goal of the
540workspace-management initiative of 180 square feet per FTE.
541     2.  The quality of space leased and the adequacy of tenant-
542improvement funds.
543     3.  The timeliness of lease procurement, measured from the
544date of the agency's request to the finalization of the lease.
545     4.  Whether cost-benefit analyses were performed before
546execution of the lease in order to ensure that the lease is in
547the best interest of the state.
548     5.  The lease costs compared to market rates for similar
549types and classifications of space according to the official
550classifications of the Building Owners and Managers Association.
551     (4)(a)  The department of Management Services shall not
552authorize any state agency to enter into a lease agreement for
553space in a privately owned building when suitable space is
554available in a state-owned building located in the same
555geographic region, except upon presentation to the department of
556sufficient written justification, acceptable to the department,
557that a separate space is required in order to fulfill the
558statutory duties of the agency making such request. The term
559"state-owned building" as used in this subsection means any
560state-owned facility regardless of use or control.
561     (b)  State agencies shall cooperate with local governmental
562units by using suitable, existing publicly owned facilities,
563subject to the provisions of ss. 255.2501, 255.2502, and
564255.2503. Agencies may utilize unexpended funds appropriated for
565lease payments to:
566     1.  Pay their proportion of operating costs.
567     2.  Renovate applicable spaces.
568     (c)  Because the state has a substantial financial
569investment in state-owned buildings, it is legislative policy
570and intent that when state-owned buildings meet the needs of
571state agencies, agencies must fully use such buildings before
572leasing privately owned buildings. By September 15, 2006, the
573Department of Management Services shall create a 5-year plan for
574implementing this policy. The department shall update this plan
575annually, detailing proposed departmental actions to meet the
576plan's goals. The department shall furnish this plan to the
577President of the Senate, the Speaker of the House of
578Representatives, and the Executive Office of the Governor by
579September 15 of each year, as part of the master leasing report.
580This paragraph expires July 1, 2007.
581     (8)  An No agency may not shall enter into more than one
582lease for space in the same privately owned facility or complex
583within any 12-month period except upon competitive the
584solicitation of competitive bids.
585     Section 4.  Recognizing that a term contract consistent
586with the requirements of ss. 255.25(3)(a) and 255.249(6),
587Florida Statutes, cannot be competitively established prior to
588July 1, 2007, and notwithstanding any provision of law to the
589contrary, with the prior written approval of the Department of
590Management Services an agency may utilize the services of a
591tenant broker currently under contract with the department
592notwithstanding that such contract was procured prior to March
5931, 2007. After July 1, 2007, funds generated through the payment
594of commissions by third-party landlords shall be deposited into
595a trust fund of the Department of Management Services and
596distributed to the tenant broker through the appropriations
597process provided for in s. 255.249(6), Florida Statutes, or
598other provision of law. This section shall not be construed to
599abrogate any existing contract between the department and a
600tenant broker, and is intended to clarify the procedure for
601payment to the tenant broker, for commissions earned through
602successfully completed transactions under a contract procured
603prior to March 1, 2007.
604     Section 5.  For the 2007-2008 fiscal year, the sum of
605$330,620 in recurring funds and the sum of $23,630 in
606nonrecurring funds are appropriated from the Supervision Trust
607Fund in the Department of Management Services. Five full-time
608equivalent positions with the associated salary rate of 272,500
609are authorized for the purpose of providing strategic planning
610of leasing transactions for the state.
611     Section 6.  This act shall take effect July 1, 2007.


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