CS/HB 1401

1	A bill to be entitled
2	An act relating to the Department of Management Services;
3	amending s. 255.248, F.S.; revising, eliminating, and
4	providing additional definitions used in ss. 255.249 and
5	255.25, F.S.; amending s. 255.249, F.S.; substantially
6	revising responsibilities of the Department of Management
7	Services with respect to the use and management of state-
8	owned office buildings and the lease of privately owned
9	buildings by the state; providing that the department has
10	exclusive authority over, and is the primary contact point
11	and managing agent for, existing and future leases to a
12	state agency of space for administrative direction and
13	support services; providing for the right of the
14	department to direct an agency to occupy a specific
15	location; precluding a state agency from negotiating or
16	executing its own lease for space; requiring the
17	department to manage all parking activities, including the
18	management of parking structures and appurtenant
19	facilities; requiring the department to ensure efficient
20	occupancy and allocation of space in state-owned buildings
21	and in privately owned buildings leased to a state agency;
22	requiring the department to be responsible for both
23	custodial and preventative maintenance of state-owned
24	buildings, and appurtenant parking facilities and grounds,
25	managed by the department; requiring an annual
26	comprehensive leasing report to the Governor and the
27	Legislature; specifying contents of the report; requiring
28	the department to adopt specified rules for implementation
29	of the section; authorizing the department to procure
30	contracts for real estate consulting and for tenant
31	brokerage services; authorizing the use of a contractor
32	procured to provide such services to assist with the
33	execution of specified responsibilities; providing for
34	continuing effect of existing contracts; precluding the
35	department from executing a lease agreement with specified
36	private landlords; providing nonapplicability; creating s.
37	255.2491, F.S.; requiring agencies to identify intraagency
38	resources related to leasing and lease administration
39	functions by a specified date; requiring the department to
40	submit a plan by a specified date identifying positions
41	needed to support centralized leasing activities within
42	the department; requiring specified state agencies to
43	enter into an interagency agreement with the department
44	relating to the assumption of centralized leasing
45	activities by the department; specifying requirements to
46	be contained in the agreement; amending s. 255.25, F.S.;
47	substantially revising provisions relating to required
48	approval by the department prior to the construction or
49	lease of buildings; requiring the department to utilize
50	the competitive solicitation process for specified leases;
51	requiring an alternative process for leases exempt from
52	the competitive solicitation; requiring the department to
53	follow a specified process for competitive solicitation
54	established in department rule; providing exceptions to
55	the competitive solicitation process; requiring the
56	department to adopt specified rules; amending ss. 110.171,
57	255.25001, 288.012, 288.1224, 288.1226, 944.10, 957.04,
58	985.682, and 1013.17, F.S.; conforming, correcting, and
59	clarifying cross-references; directing the Department of
60	Management Services to create, administer, and maintain a
61	comprehensive database of all state-owned property;
62	requiring the Department of Management Services to prepare
63	a plan to compile the database and to address specific
64	issues in the plan; providing for submission of the plan
65	by a specified date; providing effective dates.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1.  Effective December 1, 2009, section 255.248,
70	Florida Statutes, is amended to read:
71	255.248  Definitions; ss. 255.249 and 255.25.--As used in
72	ss. 255.249 and 255.25, the term:
73	(1)  "Best leasing value" means the highest overall value
74	to the state based on objective factors that include, but are
75	not limited to, rental rate, renewal rate, operational and
76	maintenance costs, tenant-improvement allowance, location, lease
77	term, condition of facility, landlord responsibility, amenities,
78	and parking.
79	(2)  "Competitive solicitation" means an invitation to bid,
80	a request for proposals, or an invitation to negotiate.
81	(3)  "Department" means the Department of Management
82	Services.
83	(4)  "Florida Facilities Pool" means the pool of facilities
84	created in s. 255.505.
85	(5)  "Private lease to a state agency" means any lease for
86	space in a privately owned building to one or more executive
87	agencies predominantly for administrative direction or support
88	functions.
89	(6)(4)  "Privately owned building" means any building not
90	owned by the Board of Trustees of the Internal Improvement Trust
91	Fund or a state governmental agency.
92	(5)  "Responsible lessor" means a lessor who has the
93	capability in all respects to fully perform the contract
94	requirements and the integrity and reliability that will assure
95	good faith performance.
96	(6)  "Responsive bid," "responsive proposal," or
97	"responsive reply" means a bid or proposal, or reply submitted
98	by a responsive and responsible lessor, which conforms in all
99	material respects to the solicitation.
100	(7)  "Responsive lessor" means a lessor that has submitted
101	a bid, proposal, or reply that conforms in all material respects
102	to the solicitation.
103	(7)(8)  "State-owned office building" means any building
104	title to which is vested in the state and which is used by one
105	or more executive agencies predominantly for administrative
106	direction and support functions. This term excludes:
107	(a)  District or area offices established for field
108	operations where law enforcement, military, inspections, road
109	operations, or tourist welcoming functions are performed.
110	(b)  All educational facilities and institutions under the
111	supervision of the Department of Education.
112	(c)  All custodial facilities and institutions used
113	primarily for the care, custody, or treatment of wards of the
114	state.
115	(d)  Buildings or spaces used for legislative activities.
116	(e)  Buildings purchased or constructed from agricultural
117	or citrus trust funds.
118	Section 2.  Effective December 1, 2009, section 255.249,
119	Florida Statutes, is amended to read:
120	(Substantial rewording of section. See
121	s. 255.249, F.S., for present text.)
122	255.249  Centralized leasing authority; centralized parking
123	management; responsibilities of department; annual comprehensive
124	leasing report; rules.--
125	(1)  Except as provided in subsection (5), the department
126	shall:
127	(a)  Have exclusive authority over, and be the primary
128	contact point and managing agent for, each existing and future
129	lease to a state agency of space for administrative direction
130	and support services. This authority includes the right of the
131	department to direct a state agency to occupy a specific
132	location. A state agency may not negotiate or execute its own
133	lease for such space.
134	(b)  Manage all parking activities, including, but not
135	limited to, the charging of fees for cost recovery and
136	allocation of space at all state-owned buildings managed by the
137	department, including the management of parking structures,
138	garages, lots, grounds, or similar facilities or areas
139	appurtenant to such buildings.
140	(c)  Ensure efficient occupancy and allocation of space in
141	state-owned buildings and in privately owned buildings leased to
142	a state agency.
143	(d)  Be responsible for both custodial and preventative
144	maintenance of state-owned buildings, and any parking facilities
145	or grounds appurtenant to such buildings, managed by the
146	department.
147	(2)  By September 15, annually, the department shall
148	provide to the Executive Office of the Governor and the
149	Legislature a comprehensive leasing report detailing:
150	(a)  Each private lease to a state agency that is scheduled
151	to expire within 24 months, categorized by agency and by
152	geographic market.
153	(b)  The specifics of each private lease to a state agency,
154	including location, square footage, rental rate, and expiration
155	date, and a statement expressing whether suitable space is
156	expected to be available in a state-owned building upon
157	expiration of the lease.
158	(c)  The potential financial impact to the Florida
159	Facilities Pool rental rate that may be realized from the
160	disposition, sale, acquisition, or construction of state-owned
161	buildings.
162	(d)  Year-over-year percentage changes to occupancy rates,
163	maintenance costs, and operating expenses of the Florida
164	Facilities Pool.
165	(e)  Year-over-year percentage changes to occupancy costs
166	by market, space consumption by agency, and space consumption by
167	market of the Florida Facilities Pool.
168	(f)  An analysis and summary of major market supply and
169	demand for the ten largest markets in which the state leases
170	space.
171	(g)  Recommendations of strategic opportunities for
172	consolidations, dispositions, acquisitions, and construction,
173	and cost-benefit analyses for each strategic opportunity.
174	(3)  The department shall adopt rules pursuant to chapter
175	120 providing for:
176	(a)  Performance and execution of all responsibilities and
177	authorities granted under this section.
178	(b)  The advertisement, receipt, evaluation, and award of
179	competitive proposals for leases. The department's rules shall
180	include, but not be limited to:
181	1.  A process for requests for bid similar to the process
182	prescribed in s. 287.057(1).
183	2.  A process for requests for proposals similar to the
184	process prescribed in s. 287.057(2).
185	3.  A process for invitations to negotiate similar to the
186	process prescribed in s. 287.057(3).
187	(c)  Requirements that all leases shall be awarded to the
188	best leasing value, a statement describing best leasing value in
189	each advertisement, and a process for determining the best
190	leasing value and awarding the lease.
191	(d)  Extension criteria for existing leases, the
192	termination of an existing lease, and the use of tenant
193	improvement funds upon termination of a lease.
194	(e)  Methods and guidelines used to validate square footage
195	used for the calculation of lease payments.
196	(f)  Acceptable terms and conditions for inclusion in lease
197	agreements and addenda, which must, at a minimum, include:
198	1.  The following statements:
199	a.  "The State of Florida's performance and obligation to
200	pay under this contract is contingent upon an annual
201	appropriation by the Legislature."
202	b.  "The Lessee shall have the right to terminate, without
203	penalty, this lease in the event a state-owned building becomes
204	available to the Lessee for occupancy upon giving 6 month's
205	advance written notice to the Lessor by Certified Mail, Return
206	Receipt Requested."
207	2.  A requirement for full disclosure of the names and the
208	extent of interest of the owners holding an interest of 4
209	percent or more in any privately owned property leased to the
210	state or in the entity holding title to the property. The
211	requirement must stipulate that an owner identified under this
212	subparagraph is exempt from disclosure of:
213	a.  Any beneficial interest which is represented by stock
214	in any corporation registered with the Securities and Exchange
215	Commission or registered pursuant to chapter 517, which stock is
216	for sale to the general public; and
217	b.  Any leasehold interest in property located outside the
218	territorial boundaries of the United States.
219	3.  A requirement for full disclosure of the names of all
220	public officials, agents, or employees holding any interest in
221	any privately owned property leased to the state or in the
222	entity holding title to the property, and the nature and extent
223	of their interest. The requirement must stipulate that a public
224	official, agent, or employee identified under this subparagraph
225	is exempt from disclosure of:
226	a.  Any beneficial interest which is represented by stock
227	in any corporation registered with the Securities and Exchange
228	Commission or registered pursuant to chapter 517, which stock is
229	for sale to the general public; and
230	b.  Any leasehold interest in property located outside the
231	territorial boundaries of the United States.
232	(g)  A standardized format for agency reporting of required
233	information.
234	(h)  A standard accounting method for reporting agency
235	lease costs.
236	(i)  A standard method for the assessment of rent to state
237	agencies and other authorized occupants of state-owned office
238	space, notwithstanding the source of funds.
239	(j)  Methods and guidelines for reporting to each agency on
240	a quarterly basis with respect to space occupied.
241	(4)  Pursuant to s. 287.042(2)(a), the department may
242	procure contracts for real estate consulting and for tenant
243	brokerage services and may use a contractor procured for those
244	purposes to assist with the execution of any responsibility
245	prescribed in this section. Any contract between a contractor
246	procured to provide real estate consulting or to provide tenant
247	brokerage services and the department entered into prior to
248	January 1, 2010, shall remain in effect. The department may not
249	execute a lease agreement with a private landlord with which a
250	contractor procured under this section is engaged to provide
251	real estate consulting or tenant brokerage services.
252	(5)  This section does not apply to:
253	(a)  District or area offices established for field
254	operations where law enforcement, military, inspections, road
255	operations, or tourist-welcoming functions are performed.
256	(b)  Educational facilities and institutions under the
257	supervision of the Department of Education.
258	(c)  Custodial facilities and institutions used primarily
259	for the care, custody, or treatment of wards of the state.
260	(d)  Buildings or spaces used for legislative activities.
261	(e)  Buildings purchased or constructed from agricultural
262	or citrus trust funds.
263	(f)  Wireless communications facilities, except as
264	stipulated in s. 365.172(12)(f).
265	(g)  Leases which the Department of Transportation is
266	otherwise specifically authorized to enter.
267	(h)  Any leases by the Board of Trustees of the Internal
268	Improvement Trust Fund for any purpose other than administrative
269	direction and support services, including, but not be limited
270	to, leases to university boards of trustees and leases of
271	conservation lands.
272	Section 3.  Effective December 1, 2009, section 255.2491,
273	Florida Statutes, is created to read:
274	255.2491  Transition to centralized leasing authority;
275	agency responsibilities.--
276	(1)  Between July 1, 2009, and October 31, 2009, each
277	agency having a private lease to which s. 255.249 applies shall
278	work with the department to identify all resources existing
279	within its agency relating to leasing and lease administration
280	functions, including:
281	(a)  Full-time or part-time positions dedicated to real
282	estate leasing functions and associated appropriations for those
283	positions.
284	(b)  Annual appropriations for lease occupancy costs and
285	funding sources to support such appropriations.
286	(2)  By October 31, 2009, and in conjunction with all
287	impacted state agencies, the department shall submit a plan
288	identifying positions needed to support centralized leasing
289	activities within the department.
290	(3)  Effective December 1, 2009, each state agency having a
291	private lease to which s. 255.249 applies shall enter into an
292	interagency agreement with the department that contains
293	provisions:
294	(a)  Requiring functional supervision by the department
295	over persons in the positions identified in subsection (2) as
296	needed to support centralized leasing activities within the
297	department.
298	(b)  Requiring that all salaries, benefits, and operational
299	costs shall remain the obligation of each respective agency
300	through June 30, 2010.
301	(c)  Requiring the development of policies and procedures
302	in conjunction with each agency to carry out the provisions of
303	the agreement.
304	(d)  Requiring that the department is to act as the
305	authorized agent of the agency in any private lease to which s.
306	255.249 applies.
307	(e)  Authorizing the department to substitute itself as the
308	tenant under any private lease to which s. 255.249 applies,
309	subject to any restrictions set forth in the lease, and to
310	consider the agency its subtenant without materially changing
311	the agency's rights or responsibilities.
312	(f)  Specifying other terms that the parties deem
313	appropriate to accomplish the efficient transition of
314	responsibilities and the general purposes of this section and
315	ss. 255.249 and 255.25.
316	Section 4.  Section 255.25, Florida Statutes, is amended to
317	read:
318	(Substantial rewording of section. See
319	s. 255.25, F.S., for present text.)
320	255.25  Competitive solicitation; exceptions.--
321	(1)  The department shall utilize the competitive
322	solicitation process for leases of 5,000 square feet or greater
323	or shall acquire a minimum of 3 written quotes for leases exempt
324	from the competitive solicitation process pursuant to subsection
325	(2). The department shall follow the process as established in
326	rules for competitive solicitation authorized in s.
327	255.249(3)(b).
328	(2)  Exceptions to the competitive solicitation process
329	identified in subsection (1) shall include:
330	(a)  Acquisition of a portion of space destroyed or
331	rendered uninhabitable by an act of God, malicious destruction,
332	fire, structural failure, or legal action. The term of such
333	emergency acquisition shall be no longer than 18 months from the
334	commencement of the emergency lease acquired under this chapter.
335	(b)  Leases for nominal or no consideration.
336	(c)  Leases for a term of less than 120 days.
337	(3)  The following leases shall be exempt from the
338	competitive solicitation process with written approval of the
339	department:
340	(a)  Extensions of existing leases if the total of the
341	extensions from the original lease termination date does not
342	exceed 11 months.
343	(b)  Emergency acquisition of space to replace a portion of
344	space destroyed or rendered uninhabitable by an act of God,
345	fire, malicious destruction, structural failure, or by legal
346	action. The term of such emergency acquisition may not exceed 11
347	months unless the original space will be made inhabitable within
348	18 months of the commencement of the emergency lease.
349	(c)  Leases that demonstrate best leasing value and public
350	benefit through the colocation or consolidation of like public
351	services in partnership with municipal or other governmental
352	entities.
353	(4)  The department shall adopt and publish rules for the
354	public to contest the award of leases acquired using the
355	competitive solicitation process.
356	Section 5.  Effective December 1, 2009, paragraph (m) of
357	subsection (3) of section 110.171, Florida Statutes, is amended
358	to read:
359	110.171  State employee telecommuting program.--
360	(3)  By September 30, 2009, each state agency shall
361	identify and maintain a current listing of the job
362	classifications and positions that the agency considers
363	appropriate for telecommuting. Agencies that adopt a state
364	employee telecommuting program must:
365	(m)  Provide measurable financial benefits associated with
366	reduced office space requirements, reductions in energy
367	consumption, and reductions in associated emissions of
368	greenhouse gases resulting from telecommuting. State agencies
369	operating in office space owned or managed by the department
370	shall consult the facilities program to ensure its consistency
371	with the comprehensive strategic leasing report plan required
372	under s. 255.249(2)(3)(b).
373	Section 6.  Effective December 1, 2009, subsection (2) of
374	section 255.25001, Florida Statutes, is amended to read:
375	255.25001  Suspension or delay of specified functions,
376	programs, and requirements relating to governmental
377	operations.--Notwithstanding the provisions of:
378	(2)  Sections 253.025, 255.249, and 255.25, the Department
379	of Management Services has the authority to promulgate rules
380	pursuant to chapter 120 to be used in determining whether a
381	lease-purchase of a state-owned office building is in the best
382	interests of the state, which rules provide:
383	(a)  Procedures state agencies will follow to certify the
384	need for a lease-purchase acquisition for a state-owned office
385	building to the Department of Management Services and a
386	notification procedure of the department's decision regarding
387	state agencies' requests for a lease-purchase agreement. The
388	certification process shall include but not be limited to the
389	following:
390	1.  Current programmatic space requirements of the state
391	agency.
392	2.  Future programmatic space requirements of the state
393	agency.
394	3.  Time considerations in providing state-owned office
395	building space.
396	4.  An analysis of existing leases affected by the lease-
397	purchase agreement.
398	(b)  Procedures and document formats for the advertisement,
399	competitive bid process, including format of submissions, and
400	evaluation of lease-purchase acquisition proposals for state-
401	owned office buildings. The evaluation process shall include but
402	not be limited to the following:
403	1.  A consideration of the cost of comparable operating
404	leases.
405	2.  The appraised value of the facility as required by s.
406	253.025.
407	3.  A present value analysis of the proposed payment
408	stream.
409	4.  The cost of financing the facility to be acquired.
410	5.  The cost to repair identified physical defects.
411	6.  The cost to remove identified hazardous substances.
412	7.  An energy analysis.
413	8.  A determination of who is responsible for management
414	and maintenance activities.
415
416	In order to minimize the cost of the evaluation process, the
417	Department of Management Services may develop a multistage
418	evaluation process to identify the most cost-efficient proposals
419	for extensive evaluation. The studies developed as a result of
420	this evaluation process shall be considered confidential and
421	exempt from the provisions of s. 119.07(1) to the same extent
422	that appraisal reports are considered confidential and exempt
423	from the provisions of s. 119.07(1) as provided in s.
424	253.025(6)(d).
425	(c)  Acceptable terms and conditions for inclusion in
426	lease-purchase agreements, which shall include but not be
427	limited to:
428	1.  The assignment of the lease-purchase agreement to other
429	governmental entities, including accumulated equity.
430	2.  The ability of the acquiring state agency to sublease a
431	portion of the facility, not to exceed 25 percent, to other
432	governmental entities. These subleases shall provide for the
433	recovery of the agencies' cost of operations and maintenance.
434
435	The execution of a lease-purchase is conditioned upon a finding
436	by the Department of Management Services that it would be in the
437	best interests of the state. The language in this subsection
438	shall be considered specific authorization for a lease-purchase
439	pursuant to s. 255.25(1)(c) upon the Department of Management
440	Services' certification that the lease-purchase is in the best
441	interests of the state. Thereafter, the agency is authorized to
442	enter into a lease-purchase agreement and to expend operating
443	funds for lease-purchase payments. Any facility which is
444	acquired pursuant to the processes authorized by this subsection
445	shall be considered to be a "state-owned office building" and a
446	"state-owned building" as those terms are applied in ss.
447	255.248-255.25.
448	(d)  That any costs resulting from the processes authorized
449	by this subsection, including but not limited to appraisals,
450	environmental analyses, and any other studies which may be
451	required under these provisions, shall be borne by the owner of
452	the property which is the subject of the proposed lease-
453	purchase.
454	Section 7.  Effective December 1, 2009, subsection (4) of
455	section 288.012, Florida Statutes, is amended to read:
456	288.012  State of Florida foreign offices.--The Legislature
457	finds that the expansion of international trade and tourism is
458	vital to the overall health and growth of the economy of this
459	state. This expansion is hampered by the lack of technical and
460	business assistance, financial assistance, and information
461	services for businesses in this state. The Legislature finds
462	that these businesses could be assisted by providing these
463	services at State of Florida foreign offices. The Legislature
464	further finds that the accessibility and provision of services
465	at these offices can be enhanced through cooperative agreements
466	or strategic alliances between state entities, local entities,
467	foreign entities, and private businesses.
468	(4)  The Office of Tourism, Trade, and Economic
469	Development, in connection with the establishment, operation,
470	and management of any of its offices located in a foreign
471	country, is exempt from the provisions of ss. 255.21, 255.249,
472	255.25, and 255.254 relating to leasing of buildings; ss. 283.33
473	and 283.35 relating to bids for printing; ss. 287.001-287.20
474	relating to purchasing and motor vehicles; and ss. 282.003-
475	282.111 relating to communications, and from all statutory
476	provisions relating to state employment.
477	(a)  The Office of Tourism, Trade, and Economic Development
478	may exercise such exemptions only upon prior approval of the
479	Governor.
480	(b)  If approval for an exemption under this section is
481	granted as an integral part of a plan of operation for a
482	specified foreign office, such action shall constitute
483	continuing authority for the Office of Tourism, Trade, and
484	Economic Development to exercise the exemption, but only in the
485	context and upon the terms originally granted. Any modification
486	of the approved plan of operation with respect to an exemption
487	contained therein must be resubmitted to the Governor for his or
488	her approval. An approval granted to exercise an exemption in
489	any other context shall be restricted to the specific instance
490	for which the exemption is to be exercised.
491	(c)  As used in this subsection, the term "plan of
492	operation" means the plan developed pursuant to subsection (2).
493	(d)  Upon final action by the Governor with respect to a
494	request to exercise the exemption authorized in this subsection,
495	the Office of Tourism, Trade, and Economic Development shall
496	report such action, along with the original request and any
497	modifications thereto, to the President of the Senate and the
498	Speaker of the House of Representatives within 30 days.
499	Section 8.  Effective December 1, 2009, paragraph (b) of
500	subsection (9) of section 288.1224, Florida Statutes, is amended
501	to read:
502	288.1224  Powers and duties.--The commission:
503	(9)  Is authorized to establish and operate tourism offices
504	in foreign countries in the execution of its responsibilities
505	for promoting the development of tourism. To facilitate the
506	performance of these responsibilities, the commission is
507	authorized to contract with the commission's direct-support
508	organization to establish and administer such offices. Where
509	feasible, appropriate, and recommended by the 4-year marketing
510	plan, the commission may collocate the programs of foreign
511	tourism offices in cooperation with any foreign office operated
512	by any agency of this state.
513	(b)  The Florida Commission on Tourism, or its direct-
514	support organization, in connection with the establishment,
515	operation, and management of any of its tourism offices located
516	in a foreign country, is exempt from the provisions of ss.
517	255.21, 255.249, 255.25, and 255.254 relating to leasing of
518	buildings; ss. 283.33 and 283.35 relating to bids for printing;
519	ss. 287.001-287.20 relating to purchasing and motor vehicles;
520	and ss. 282.003-282.111 relating to communications, and from all
521	statutory provisions relating to state employment, if the laws,
522	administrative code, or business practices or customs of the
523	foreign country, or political or administrative subdivision
524	thereof, in which such office is located are in conflict with
525	these provisions.
526	Section 9.  Effective December 1, 2009, paragraph (d) of
527	subsection (2) of section 288.1226, Florida Statutes, is amended
528	to read:
529	288.1226  Florida Tourism Industry Marketing Corporation;
530	use of property; board of directors; duties; audit.--
531	(2)  ESTABLISHMENT.--The Florida Commission on Tourism
532	shall establish, no later than July 31, 1996, the Florida
533	Tourism Industry Marketing Corporation as a direct-support
534	organization:
535	(d)  Which shall not be considered an agency for the
536	purposes of chapters 120, 216, and 287; ss. 255.21, 255.249,
537	255.25, and 255.254, relating to leasing of buildings; ss.
538	283.33 and 283.35, relating to bids for printing; s. 215.31; and
539	parts I, II, and IV-VIII of chapter 112.
540	Section 10.  Effective December 1, 2009, paragraph (a) of
541	subsection (3) of section 944.10, Florida Statutes, is amended
542	to read:
543	944.10  Department of Corrections to provide buildings;
544	sale and purchase of land; contracts to provide services and
545	inmate labor.--
546	(3)(a)  The department may enter into lease-purchase
547	agreements to provide correctional facilities for the housing of
548	state inmates. However, no such lease-purchase agreement shall
549	be entered into without specific legislative authorization of
550	that agreement, and funds must be specifically appropriated for
551	each lease-purchase agreement. The facilities provided through
552	such agreements shall meet the program plans and specifications
553	of the department. The department may enter into such lease
554	agreements with private corporations and other governmental
555	entities. However, notwithstanding the provisions of ss. 255.249
556	and 255.25 s. 255.25(3)(a), no such lease agreement may be
557	entered into except upon advertisement for and receipt of
558	competitive bids and award to the lowest and best bidder.
559	Section 11.  Effective December 1, 2009, paragraph (a) of
560	subsection (2) of section 957.04, Florida Statutes, is amended
561	to read:
562	957.04  Contract requirements.--
563	(2)  Each contract entered into for the design and
564	construction of a private correctional facility or juvenile
565	commitment facility must include:
566	(a)  Notwithstanding any provision of chapter 255 to the
567	contrary, a specific provision authorizing the use of tax-exempt
568	financing through the issuance of tax-exempt bonds, certificates
569	of participation, lease-purchase agreements, or other tax-exempt
570	financing methods. Pursuant to s. 255.25, Approval is hereby
571	provided for the lease-purchase of up to two private
572	correctional facilities and any other facility authorized by the
573	General Appropriations Act.
574	Section 12.  Effective December 1, 2009, paragraph (b) of
575	subsection (15) of section 985.682, Florida Statutes, is amended
576	to read:
577	985.682  Siting of facilities; study; criteria.--
578	(15)
579	(b)  Notwithstanding ss. 255.249, 255.25,(1)(b) and
580	255.25001(2), the department may enter into lease-purchase
581	agreements to provide juvenile justice facilities for the
582	housing of committed youths contingent upon available funds. The
583	facilities provided through such agreements shall meet the
584	program plan and specifications of the department. The
585	department may enter into such lease agreements with private
586	corporations and other governmental entities. However,
587	notwithstanding the provisions of ss. 255.249 and 255.25 s.
588	255.25(3)(a), no such lease agreement may be entered into except
589	upon advertisement for the receipt of competitive bids and award
590	to the lowest and best bidder except when contracting with other
591	governmental entities.
592	Section 13.  Effective December 1, 2009, section 1013.17,
593	Florida Statutes, is amended to read:
594	1013.17  University leasing in affiliated research and
595	development park.--A university is exempt from the requirements
596	of ss. 255.249 and 255.25 s. 255.25(3), (4), and (8) when
597	leasing educational facilities in a research and development
598	park with which the university is affiliated and when the Board
599	of Governors certifies in writing that the leasing of such
600	educational facilities is in the best interests of the
601	university and that the exemption from competitive bid
602	requirements would not be detrimental to the state. Leases
603	entered into pursuant to this section are subject to the
604	provisions of s. 1010.62.
605	Section 14.  Database of state-owned property.--
606	(1)  The Department of Management Services is directed to
607	create, administer, and maintain a comprehensive database of
608	all state-owned property. To that end, the Department of
609	Management Services shall prepare a plan to compile the
610	database and address the following issues in the plan:
611	(a)  A method for requiring that specific information be
612	provided for each property in the database in order to
613	determine appropriate valuation.
614	(b)  A method for maintaining and updating the database.
615	(c)  A method for the identification and assessment of
616	database properties for potential disposition.
617	(d)  A method for requiring identified properties to be
618	routed to the Department of Management Services for strategic
619	valuation and disposition analysis.
620	(2)  The Department of Management Services shall submit
621	the plan to the President of the Senate, the Speaker of the
622	House of Representatives, and the Executive Office of the
623	Governor by January 4, 2010.
624	Section 15.  Except as otherwise specifically provided in
625	this act, this act shall take effect July 1, 2009.

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