HB 1401

1
A bill to be entitled
2An act relating to the Department of Management Services;
3amending s. 255.248, F.S.; revising, eliminating, and
4providing additional definitions used in ss. 255.249 and
5255.25, F.S.; amending s. 255.249, F.S.; substantially
6revising responsibilities of the Department of Management
7Services with respect to the use and management of state-
8owned office buildings and the lease of privately owned
9buildings by the state; providing that the department has
10exclusive authority over, and is the primary contact point
11and managing agent for, existing and future leases to a
12state agency; providing for the right of the department to
13direct an agency to occupy a specific location; precluding
14a state agency from negotiating or executing its own lease
15for space; requiring the department to manage all parking
16activities, including the management of parking structures
17and appurtenant facilities; requiring the department to
18ensure efficient occupancy and allocation of space in
19state-owned buildings and in privately owned buildings
20leased to a state agency; requiring the department to be
21responsible for both custodial and preventative
22maintenance of state-owned buildings and appurtenant
23parking facilities and grounds; requiring an annual
24comprehensive leasing report to the Governor and the
25Legislature; specifying contents of the report; requiring
26the department to adopt specified rules for implementation
27of the section; authorizing the department to procure
28contracts for real estate consulting and for tenant
29brokerage services; authorizing the use of a contractor
30procured to provide such services to assist with the
31execution of specified responsibilities; providing for
32continuing effect of existing contracts; precluding the
33department from executing a lease agreement with specified
34private landlords; providing nonapplicability; creating s.
35255.2491, F.S.; requiring agencies to identify intraagency
36resources related to leasing and lease administration
37functions by a specified date; requiring the department to
38submit a plan by a specified date identifying positions
39needed to support centralized leasing activities within
40the department; requiring specified state agencies to
41enter into an interagency agreement with the department
42relating to the assumption of centralized leasing
43activities by the department; specifying requirements to
44be contained in the agreement; amending s. 255.25, F.S.;
45substantially revising provisions relating to required
46approval by the department prior to the construction or
47lease of buildings; requiring the department to utilize
48the competitive solicitation process for specified leases;
49requiring an alternative process for leases exempt from
50the competitive solicitation; requiring the department to
51follow a specified process for competitive solicitation
52established in department rule; providing exceptions to
53the competitive solicitation process; requiring the
54department to adopt specified rules; amending ss. 110.171,
55255.25001, 288.012, 288.1224, 288.1226, 944.10, 957.04,
56985.682, and 1013.17, F.S.; conforming, correcting, and
57clarifying cross-references; providing effective dates.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Effective December 1, 2009, section 255.248,
62Florida Statutes, is amended to read:
63     255.248  Definitions; ss. 255.249 and 255.25.--As used in
64ss. 255.249 and 255.25, the term:
65     (1)  "Best leasing value" means the highest overall value
66to the state based on objective factors that include, but are
67not limited to, rental rate, renewal rate, operational and
68maintenance costs, tenant-improvement allowance, location, lease
69term, condition of facility, landlord responsibility, amenities,
70and parking.
71     (2)  "Competitive solicitation" means an invitation to bid,
72a request for proposals, or an invitation to negotiate.
73     (3)  "Department" means the Department of Management
74Services.
75     (4)  "Florida Facilities Pool" means the pool of facilities
76created in s. 255.505.
77     (5)  "Private lease to a state agency" means any lease for
78space in a privately owned building to one or more executive
79agencies predominantly for administrative direction or support
80functions.
81     (6)(4)  "Privately owned building" means any building not
82owned by a state governmental agency.
83     (5)  "Responsible lessor" means a lessor who has the
84capability in all respects to fully perform the contract
85requirements and the integrity and reliability that will assure
86good faith performance.
87     (6)  "Responsive bid," "responsive proposal," or
88"responsive reply" means a bid or proposal, or reply submitted
89by a responsive and responsible lessor, which conforms in all
90material respects to the solicitation.
91     (7)  "Responsive lessor" means a lessor that has submitted
92a bid, proposal, or reply that conforms in all material respects
93to the solicitation.
94     (7)(8)  "State-owned office building" means any building
95title to which is vested in the state and which is used by one
96or more executive agencies predominantly for administrative
97direction and support functions. This term excludes:
98     (a)  District or area offices established for field
99operations where law enforcement, military, inspections, road
100operations, or tourist welcoming functions are performed.
101     (b)  All educational facilities and institutions under the
102supervision of the Department of Education.
103     (c)  All custodial facilities and institutions used
104primarily for the care, custody, or treatment of wards of the
105state.
106     (d)  Buildings or spaces used for legislative activities.
107     (e)  Buildings purchased or constructed from agricultural
108or citrus trust funds.
109     Section 2.  Effective December 1, 2009, section 255.249,
110Florida Statutes, is amended to read:
111(Substantial rewording of section. See
112s. 255.249, F.S., for present text.)
113     255.249  Centralized leasing authority; centralized parking
114management; responsibilities of department; annual comprehensive
115leasing report; rules.--
116     (1)  Except as provided in subsection (5), the department
117shall:
118     (a)  Have exclusive authority over, and be the primary
119contact point and managing agent for, each existing and future
120lease to a state agency. This authority includes the right of
121the department to direct a state agency to occupy a specific
122location. A state agency may not negotiate or execute its own
123lease for space.
124     (b)  Manage all parking activities, including, but not
125limited to, the charging of fees for cost recovery and
126allocation of space at all state-owned buildings managed by the
127department, including the management of parking structures,
128garages, lots, grounds, or similar facilities or areas
129appurtenant to such buildings.
130     (c)  Ensure efficient occupancy and allocation of space in
131state-owned buildings and in privately owned buildings leased to
132a state agency.
133     (d)  Be responsible for both custodial and preventative
134maintenance of state-owned buildings and any parking facilities
135or grounds appurtenant to such buildings.
136     (2)  By September 15, annually, the department shall
137provide to the Executive Office of the Governor and the
138Legislature a comprehensive leasing report detailing:
139     (a)  Each private lease to a state agency that is scheduled
140to expire within 24 months, categorized by agency and by
141geographic market.
142     (b)  The specifics of each private lease to a state agency,
143including location, square footage, rental rate, and expiration
144date, and a statement expressing whether suitable space is
145expected to be available in a state-owned building upon
146expiration of the lease.
147     (c)  The potential financial impact to the Florida
148Facilities Pool rental rate that may be realized from the
149disposition, sale, acquisition, or construction of state-owned
150buildings.
151     (d)  Year-over-year percentage changes to occupancy rates,
152maintenance costs, and operating expenses of the Florida
153Facilities Pool.
154     (e)  Year-over-year percentage changes to occupancy costs
155by market, space consumption by agency, and space consumption by
156market of the Florida Facilities Pool.
157     (f)  An analysis and summary of major market supply and
158demand for the ten largest markets in which the state leases
159space.
160     (g)  Recommendations of strategic opportunities for
161consolidations, dispositions, acquisitions, and construction,
162and cost-benefit analyses for each strategic opportunity.
163     (3)  The department shall adopt rules pursuant to chapter
164120 providing for:
165     (a)  Performance and execution of all responsibilities and
166authorities granted under this section.
167     (b)  The advertisement, receipt, evaluation, and award of
168competitive proposals for leases. The department's rules shall
169include, but not be limited to:
170     1.  A process for requests for bid similar to the process
171prescribed in s. 287.057(1).
172     2.  A process for requests for proposals similar to the
173process prescribed in s. 287.057(2).
174     3.  A process for invitations to negotiate similar to the
175process prescribed in s. 287.057(3).
176     (c)  Requirements that all leases shall be awarded to the
177best leasing value, a process for describing best leasing value
178in each advertisement, and a process for determining the best
179leasing value and awarding the lease.
180     (d)  Extension criteria for existing leases, the
181termination of an existing lease, and the use of tenant
182improvement funds upon termination of a lease.
183     (e)  Methods and guidelines used to validate square footage
184used for the calculation of lease payments.
185     (f)  Acceptable terms and conditions for inclusion in lease
186agreements and addenda, which must, at a minimum, include:
187     1.  The following statements:
188     a.  "The State of Florida's performance and obligation to
189pay under this contract is contingent upon an annual
190appropriation by the Legislature."
191     b.  "The Lessee shall have the right to terminate, without
192penalty, this lease in the event a state-owned building becomes
193available to the Lessee for occupancy upon giving 6 month's
194advance written notice to the Lessor by Certified Mail, Return
195Receipt Requested."
196     2.  A requirement for full disclosure of the names and the
197extent of interest of the owners holding an interest of 4
198percent or more in any privately owned property leased to the
199state or in the entity holding title to the property. The
200requirement must stipulate that an owner identified under this
201subparagraph is exempt from disclosure of:
202     a.  Any beneficial interest which is represented by stock
203in any corporation registered with the Securities and Exchange
204Commission or registered pursuant to chapter 517, which stock is
205for sale to the general public; and
206     b.  Any leasehold interest in property located outside the
207territorial boundaries of the United States.
208     3.  A requirement for full disclosure of the names of all
209public officials, agents, or employees holding any interest in
210any privately owned property leased to the state or in the
211entity holding title to the property, and the nature and extent
212of their interest. The requirement must stipulate that a public
213official, agent, or employee identified under this subparagraph
214is exempt from disclosure of:
215     a.  Any beneficial interest which is represented by stock
216in any corporation registered with the Securities and Exchange
217Commission or registered pursuant to chapter 517, which stock is
218for sale to the general public; and
219     b.  Any leasehold interest in property located outside the
220territorial boundaries of the United States.
221     (g)  A standardized format for agency reporting of required
222information.
223     (h)  A standard accounting method for reporting agency
224lease costs.
225     (i)  A standard method for the assessment of rent to state
226agencies and other authorized occupants of state-owned office
227space, notwithstanding the source of funds.
228     (j)  Methods and guidelines for reporting to each agency on
229a quarterly basis with respect to space occupied.
230     (4)  Pursuant to s. 287.042(2)(a), the department may
231procure contracts for real estate consulting and for tenant
232brokerage services and may use a contractor procured for those
233purposes to assist with the execution of any responsibility
234prescribed in this section. Any contract between a contractor
235procured to provide real estate consulting or to provide tenant
236brokerage services and the department entered into prior to
237January 1, 2010, shall remain in effect. The department may not
238execute a lease agreement with a private landlord with which a
239contractor procured under this section is engaged to provide
240real estate consulting or tenant brokerage services.
241     (5)  This section does not apply to:
242     (a)  District or area offices established for field
243operations where law enforcement, military, inspections, road
244operations, or tourist-welcoming functions are performed.
245     (b)  Educational facilities and institutions under the
246supervision of the Department of Education.
247     (c)  Custodial facilities and institutions used primarily
248for the care, custody, or treatment of wards of the state.
249     (d)  Buildings or spaces used for legislative activities.
250     (e)  Buildings purchased or constructed from agricultural
251or citrus trust funds.
252     (f)  Wireless communications facilities, except as
253stipulated in s. 365.172(12)(f).
254     (g)  Department of Transportation right-of-way leases.
255     Section 3.  Effective December 1, 2009, section 255.2491,
256Florida Statutes, is created to read:
257     255.2491  Transition to centralized leasing authority;
258agency responsibilities.--
259     (1)  Between July 1, 2009, and October 31, 2009, each
260agency having a private lease to which s. 255.249 applies shall
261work with the department to identify all resources existing
262within its agency relating to leasing and lease administration
263functions, including:
264     (a)  Full-time or part-time positions dedicated to real
265estate leasing functions and associated appropriations for those
266positions.
267     (b)  Annual appropriations for lease occupancy costs and
268funding sources to support such appropriations.
269     (2)  By October 31, 2009, and in conjunction with all
270impacted state agencies, the department shall submit a plan
271identifying positions needed to support centralized leasing
272activities within the department.
273     (3)  Effective December 1, 2009, each state agency having a
274private lease to which s. 255.249 applies shall enter into an
275interagency agreement with the department that contains
276provisions:
277     (a)  Requiring functional supervision by the department
278over persons in the positions identified in subsection (2) as
279needed to support centralized leasing activities within the
280department.
281     (b)  Requiring that all salaries, benefits, and operational
282costs shall remain the obligation of each respective agency
283through June 30, 2010.
284     (c)  Requiring the development of policies and procedures
285in conjunction with each agency to carry out the provisions of
286the agreement.
287     (d)  Requiring that the department is to act as the
288authorized agent of the agency in any private lease to which s.
289255.249 applies.
290     (e)  Authorizing the department to substitute itself as the
291tenant under any private lease to which s. 255.249 applies,
292subject to any restrictions set forth in the lease, and to
293consider the agency its subtenant without materially changing
294the agency's rights or responsibilities.
295     (f)  Specifying other terms that the parties deem
296appropriate to accomplish the efficient transition of
297responsibilities and the general purposes of this section and
298ss. 255.249 and 255.25.
299     Section 4.  Section 255.25, Florida Statutes, is amended to
300read:
301(Substantial rewording of section. See
302s. 255.25, F.S., for present text.)
303     255.25  Competitive solicitation; exceptions.--
304     (1)  The department shall utilize the competitive
305solicitation process for leases of 5,000 square feet or greater
306or shall acquire a minimum of 3 written quotes for leases exempt
307from the competitive solicitation process pursuant to subsection
308(2). The department shall follow the process as established in
309rules for competitive solicitation authorized in s.
310255.249(3)(b).
311     (2)  Exceptions to the competitive solicitation process
312identified in subsection (1) shall include:
313     (a)  Acquisition of a portion of space destroyed or
314rendered uninhabitable by an act of God, malicious destruction,
315fire, structural failure, or legal action. The term of such
316emergency acquisition shall be no longer than 18 months from the
317commencement of the emergency lease acquired under this chapter.
318     (b)  Leases for nominal or no consideration.
319     (c)  Leases for a term of less than 120 days.
320     (3)  The following leases shall be exempt from the
321competitive solicitation process with written approval of the
322department:
323     (a)  Extensions of existing leases if the total of the
324extensions from the original lease termination date does not
325exceed 11 months.
326     (b)  Emergency acquisition of space to replace a portion of
327space destroyed or rendered uninhabitable by an act of God,
328fire, malicious destruction, structural failure, or by legal
329action. The term of such emergency acquisition may not exceed 11
330months unless the original space will be made inhabitable within
33117 months of the commencement of the emergency lease.
332     (c)  Leases that demonstrate best leasing value and public
333benefit through the colocation or consolidation of like public
334services in partnership with municipal or other governmental
335entities.
336     (4)  The department shall adopt and publish rules for the
337public to contest the award of leases acquired using the
338competitive solicitation process.
339     Section 5.  Effective December 1, 2009, paragraph (m) of
340subsection (3) of section 110.171, Florida Statutes, is amended
341to read:
342     110.171  State employee telecommuting program.--
343     (3)  By September 30, 2009, each state agency shall
344identify and maintain a current listing of the job
345classifications and positions that the agency considers
346appropriate for telecommuting. Agencies that adopt a state
347employee telecommuting program must:
348     (m)  Provide measurable financial benefits associated with
349reduced office space requirements, reductions in energy
350consumption, and reductions in associated emissions of
351greenhouse gases resulting from telecommuting. State agencies
352operating in office space owned or managed by the department
353shall consult the facilities program to ensure its consistency
354with the comprehensive strategic leasing report plan required
355under s. 255.249(2)(3)(b).
356     Section 6.  Effective December 1, 2009, subsection (2) of
357section 255.25001, Florida Statutes, is amended to read:
358     255.25001  Suspension or delay of specified functions,
359programs, and requirements relating to governmental
360operations.--Notwithstanding the provisions of:
361     (2)  Sections 253.025, 255.249, and 255.25, the Department
362of Management Services has the authority to promulgate rules
363pursuant to chapter 120 to be used in determining whether a
364lease-purchase of a state-owned office building is in the best
365interests of the state, which rules provide:
366     (a)  Procedures state agencies will follow to certify the
367need for a lease-purchase acquisition for a state-owned office
368building to the Department of Management Services and a
369notification procedure of the department's decision regarding
370state agencies' requests for a lease-purchase agreement. The
371certification process shall include but not be limited to the
372following:
373     1.  Current programmatic space requirements of the state
374agency.
375     2.  Future programmatic space requirements of the state
376agency.
377     3.  Time considerations in providing state-owned office
378building space.
379     4.  An analysis of existing leases affected by the lease-
380purchase agreement.
381     (b)  Procedures and document formats for the advertisement,
382competitive bid process, including format of submissions, and
383evaluation of lease-purchase acquisition proposals for state-
384owned office buildings. The evaluation process shall include but
385not be limited to the following:
386     1.  A consideration of the cost of comparable operating
387leases.
388     2.  The appraised value of the facility as required by s.
389253.025.
390     3.  A present value analysis of the proposed payment
391stream.
392     4.  The cost of financing the facility to be acquired.
393     5.  The cost to repair identified physical defects.
394     6.  The cost to remove identified hazardous substances.
395     7.  An energy analysis.
396     8.  A determination of who is responsible for management
397and maintenance activities.
398
399In order to minimize the cost of the evaluation process, the
400Department of Management Services may develop a multistage
401evaluation process to identify the most cost-efficient proposals
402for extensive evaluation. The studies developed as a result of
403this evaluation process shall be considered confidential and
404exempt from the provisions of s. 119.07(1) to the same extent
405that appraisal reports are considered confidential and exempt
406from the provisions of s. 119.07(1) as provided in s.
407253.025(6)(d).
408     (c)  Acceptable terms and conditions for inclusion in
409lease-purchase agreements, which shall include but not be
410limited to:
411     1.  The assignment of the lease-purchase agreement to other
412governmental entities, including accumulated equity.
413     2.  The ability of the acquiring state agency to sublease a
414portion of the facility, not to exceed 25 percent, to other
415governmental entities. These subleases shall provide for the
416recovery of the agencies' cost of operations and maintenance.
417
418The execution of a lease-purchase is conditioned upon a finding
419by the Department of Management Services that it would be in the
420best interests of the state. The language in this subsection
421shall be considered specific authorization for a lease-purchase
422pursuant to s. 255.25(1)(c) upon the Department of Management
423Services' certification that the lease-purchase is in the best
424interests of the state. Thereafter, the agency is authorized to
425enter into a lease-purchase agreement and to expend operating
426funds for lease-purchase payments. Any facility which is
427acquired pursuant to the processes authorized by this subsection
428shall be considered to be a "state-owned office building" and a
429"state-owned building" as those terms are applied in ss.
430255.248-255.25.
431     (d)  That any costs resulting from the processes authorized
432by this subsection, including but not limited to appraisals,
433environmental analyses, and any other studies which may be
434required under these provisions, shall be borne by the owner of
435the property which is the subject of the proposed lease-
436purchase.
437     Section 7.  Effective December 1, 2009, subsection (4) of
438section 288.012, Florida Statutes, is amended to read:
439     288.012  State of Florida foreign offices.--The Legislature
440finds that the expansion of international trade and tourism is
441vital to the overall health and growth of the economy of this
442state. This expansion is hampered by the lack of technical and
443business assistance, financial assistance, and information
444services for businesses in this state. The Legislature finds
445that these businesses could be assisted by providing these
446services at State of Florida foreign offices. The Legislature
447further finds that the accessibility and provision of services
448at these offices can be enhanced through cooperative agreements
449or strategic alliances between state entities, local entities,
450foreign entities, and private businesses.
451     (4)  The Office of Tourism, Trade, and Economic
452Development, in connection with the establishment, operation,
453and management of any of its offices located in a foreign
454country, is exempt from the provisions of ss. 255.21, 255.249,
455255.25, and 255.254 relating to leasing of buildings; ss. 283.33
456and 283.35 relating to bids for printing; ss. 287.001-287.20
457relating to purchasing and motor vehicles; and ss. 282.003-
458282.111 relating to communications, and from all statutory
459provisions relating to state employment.
460     (a)  The Office of Tourism, Trade, and Economic Development
461may exercise such exemptions only upon prior approval of the
462Governor.
463     (b)  If approval for an exemption under this section is
464granted as an integral part of a plan of operation for a
465specified foreign office, such action shall constitute
466continuing authority for the Office of Tourism, Trade, and
467Economic Development to exercise the exemption, but only in the
468context and upon the terms originally granted. Any modification
469of the approved plan of operation with respect to an exemption
470contained therein must be resubmitted to the Governor for his or
471her approval. An approval granted to exercise an exemption in
472any other context shall be restricted to the specific instance
473for which the exemption is to be exercised.
474     (c)  As used in this subsection, the term "plan of
475operation" means the plan developed pursuant to subsection (2).
476     (d)  Upon final action by the Governor with respect to a
477request to exercise the exemption authorized in this subsection,
478the Office of Tourism, Trade, and Economic Development shall
479report such action, along with the original request and any
480modifications thereto, to the President of the Senate and the
481Speaker of the House of Representatives within 30 days.
482     Section 8.  Effective December 1, 2009, paragraph (b) of
483subsection (9) of section 288.1224, Florida Statutes, is amended
484to read:
485     288.1224  Powers and duties.--The commission:
486     (9)  Is authorized to establish and operate tourism offices
487in foreign countries in the execution of its responsibilities
488for promoting the development of tourism. To facilitate the
489performance of these responsibilities, the commission is
490authorized to contract with the commission's direct-support
491organization to establish and administer such offices. Where
492feasible, appropriate, and recommended by the 4-year marketing
493plan, the commission may collocate the programs of foreign
494tourism offices in cooperation with any foreign office operated
495by any agency of this state.
496     (b)  The Florida Commission on Tourism, or its direct-
497support organization, in connection with the establishment,
498operation, and management of any of its tourism offices located
499in a foreign country, is exempt from the provisions of ss.
500255.21, 255.249, 255.25, and 255.254 relating to leasing of
501buildings; ss. 283.33 and 283.35 relating to bids for printing;
502ss. 287.001-287.20 relating to purchasing and motor vehicles;
503and ss. 282.003-282.111 relating to communications, and from all
504statutory provisions relating to state employment, if the laws,
505administrative code, or business practices or customs of the
506foreign country, or political or administrative subdivision
507thereof, in which such office is located are in conflict with
508these provisions.
509     Section 9.  Effective December 1, 2009, paragraph (d) of
510subsection (2) of section 288.1226, Florida Statutes, is amended
511to read:
512     288.1226  Florida Tourism Industry Marketing Corporation;
513use of property; board of directors; duties; audit.--
514     (2)  ESTABLISHMENT.--The Florida Commission on Tourism
515shall establish, no later than July 31, 1996, the Florida
516Tourism Industry Marketing Corporation as a direct-support
517organization:
518     (d)  Which shall not be considered an agency for the
519purposes of chapters 120, 216, and 287; ss. 255.21, 255.249,
520255.25, and 255.254, relating to leasing of buildings; ss.
521283.33 and 283.35, relating to bids for printing; s. 215.31; and
522parts I, II, and IV-VIII of chapter 112.
523     Section 10.  Effective December 1, 2009, paragraph (a) of
524subsection (3) of section 944.10, Florida Statutes, is amended
525to read:
526     944.10  Department of Corrections to provide buildings;
527sale and purchase of land; contracts to provide services and
528inmate labor.--
529     (3)(a)  The department may enter into lease-purchase
530agreements to provide correctional facilities for the housing of
531state inmates. However, no such lease-purchase agreement shall
532be entered into without specific legislative authorization of
533that agreement, and funds must be specifically appropriated for
534each lease-purchase agreement. The facilities provided through
535such agreements shall meet the program plans and specifications
536of the department. The department may enter into such lease
537agreements with private corporations and other governmental
538entities. However, notwithstanding the provisions of ss. 255.249
539and 255.25 s. 255.25(3)(a), no such lease agreement may be
540entered into except upon advertisement for and receipt of
541competitive bids and award to the lowest and best bidder.
542     Section 11.  Effective December 1, 2009, paragraph (a) of
543subsection (2) of section 957.04, Florida Statutes, is amended
544to read:
545     957.04  Contract requirements.--
546     (2)  Each contract entered into for the design and
547construction of a private correctional facility or juvenile
548commitment facility must include:
549     (a)  Notwithstanding any provision of chapter 255 to the
550contrary, a specific provision authorizing the use of tax-exempt
551financing through the issuance of tax-exempt bonds, certificates
552of participation, lease-purchase agreements, or other tax-exempt
553financing methods. Pursuant to s. 255.25, Approval is hereby
554provided for the lease-purchase of up to two private
555correctional facilities and any other facility authorized by the
556General Appropriations Act.
557     Section 12.  Effective December 1, 2009, paragraph (b) of
558subsection (15) of section 985.682, Florida Statutes, is amended
559to read:
560     985.682  Siting of facilities; study; criteria.--
561     (15)
562     (b)  Notwithstanding ss. 255.249, 255.25,(1)(b) and
563255.25001(2), the department may enter into lease-purchase
564agreements to provide juvenile justice facilities for the
565housing of committed youths contingent upon available funds. The
566facilities provided through such agreements shall meet the
567program plan and specifications of the department. The
568department may enter into such lease agreements with private
569corporations and other governmental entities. However,
570notwithstanding the provisions of ss. 255.249 and 255.25 s.
571255.25(3)(a), no such lease agreement may be entered into except
572upon advertisement for the receipt of competitive bids and award
573to the lowest and best bidder except when contracting with other
574governmental entities.
575     Section 13.  Effective December 1, 2009, section 1013.17,
576Florida Statutes, is amended to read:
577     1013.17  University leasing in affiliated research and
578development park.--A university is exempt from the requirements
579of ss. 255.249 and 255.25 s. 255.25(3), (4), and (8) when
580leasing educational facilities in a research and development
581park with which the university is affiliated and when the Board
582of Governors certifies in writing that the leasing of such
583educational facilities is in the best interests of the
584university and that the exemption from competitive bid
585requirements would not be detrimental to the state. Leases
586entered into pursuant to this section are subject to the
587provisions of s. 1010.62.
588     Section 14.  Except as otherwise specifically provided in
589this act, this act shall take effect July 1, 2009.


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