| 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 office |
| 21 | buildings and in privately owned buildings leased to a |
| 22 | state agency; requiring the department to be responsible |
| 23 | for both custodial and preventative maintenance of state- |
| 24 | owned office buildings, and appurtenant parking facilities |
| 25 | and grounds, managed by the department; requiring an |
| 26 | annual comprehensive leasing report to the Governor and |
| 27 | the Legislature; specifying contents of the report; |
| 28 | requiring the department to adopt specified rules for |
| 29 | implementation of the section; authorizing the department |
| 30 | to procure contracts for real estate consulting and for |
| 31 | tenant brokerage services; authorizing the use of a |
| 32 | contractor procured to provide such services to assist |
| 33 | with the execution of specified responsibilities; |
| 34 | providing for continuing effect of existing contracts; |
| 35 | precluding the department from executing a lease agreement |
| 36 | with specified private landlords; providing requirements |
| 37 | for contracts with real estate consultants and tenant |
| 38 | brokerage services; providing nonapplicability; creating |
| 39 | s. 255.2491, F.S.; requiring agencies to identify |
| 40 | intraagency resources related to leasing and lease |
| 41 | administration functions by a specified date; requiring |
| 42 | the department to submit a plan by a specified date |
| 43 | identifying positions needed to support centralized |
| 44 | leasing activities within the department; requiring |
| 45 | specified state agencies to enter into an interagency |
| 46 | agreement with the department relating to the assumption |
| 47 | of centralized leasing activities by the department; |
| 48 | specifying requirements to be contained in the agreement; |
| 49 | amending s. 255.25, F.S.; substantially revising |
| 50 | provisions relating to required approval by the department |
| 51 | prior to the construction or lease of buildings; requiring |
| 52 | the department to utilize the competitive solicitation |
| 53 | process for specified leases; requiring an alternative |
| 54 | process for leases exempt from the competitive |
| 55 | solicitation; requiring the department to follow a |
| 56 | specified process for competitive solicitation established |
| 57 | in department rule; providing exceptions to the |
| 58 | competitive solicitation process; requiring the department |
| 59 | to adopt specified rules; amending ss. 110.171, 255.25001, |
| 60 | 288.012, 288.1224, 288.1226, 944.10, 957.04, 985.682, and |
| 61 | 1013.17, F.S.; conforming, correcting, and clarifying |
| 62 | cross-references; directing the Department of Management |
| 63 | Services to create, administer, and maintain a |
| 64 | comprehensive database of all state-owned property; |
| 65 | requiring the Department of Management Services to prepare |
| 66 | a plan to compile the database and to address specific |
| 67 | issues in the plan; providing for submission of the plan |
| 68 | by a specified date; providing effective dates. |
| 69 |
|
| 70 | Be It Enacted by the Legislature of the State of Florida: |
| 71 |
|
| 72 | Section 1. Effective December 1, 2009, section 255.248, |
| 73 | Florida Statutes, is amended to read: |
| 74 | 255.248 Definitions; ss. 255.249 and 255.25.--As used in |
| 75 | ss. 255.249 and 255.25, the term: |
| 76 | (1) "Best leasing value" means the highest overall value |
| 77 | to the state based on objective factors that include, but are |
| 78 | not limited to, rental rate, renewal rate, operational and |
| 79 | maintenance costs, tenant-improvement allowance, location, lease |
| 80 | term, condition of facility, landlord responsibility, amenities, |
| 81 | and parking. |
| 82 | (2) "Competitive solicitation" means an invitation to bid, |
| 83 | a request for proposals, or an invitation to negotiate. |
| 84 | (3) "Department" means the Department of Management |
| 85 | Services. |
| 86 | (4) "Florida Facilities Pool" means the pool of facilities |
| 87 | created in s. 255.505. |
| 88 | (5) "Private lease to a state agency" means any lease for |
| 89 | space in a privately owned building to one or more executive |
| 90 | agencies predominantly for administrative direction or support |
| 91 | functions. |
| 92 | (6)(4) "Privately owned building" means any building not |
| 93 | owned by the Board of Trustees of the Internal Improvement Trust |
| 94 | Fund or a state governmental agency. |
| 95 | (5) "Responsible lessor" means a lessor who has the |
| 96 | capability in all respects to fully perform the contract |
| 97 | requirements and the integrity and reliability that will assure |
| 98 | good faith performance. |
| 99 | (6) "Responsive bid," "responsive proposal," or |
| 100 | "responsive reply" means a bid or proposal, or reply submitted |
| 101 | by a responsive and responsible lessor, which conforms in all |
| 102 | material respects to the solicitation. |
| 103 | (7) "Responsive lessor" means a lessor that has submitted |
| 104 | a bid, proposal, or reply that conforms in all material respects |
| 105 | to the solicitation. |
| 106 | (7)(8) "State-owned office building" means any building |
| 107 | title to which is vested in the state and which is used by one |
| 108 | or more executive agencies predominantly for administrative |
| 109 | direction and support functions. This term excludes: |
| 110 | (a) District or area offices established for field |
| 111 | operations where law enforcement, military, inspections, road |
| 112 | operations, or tourist welcoming functions are performed. |
| 113 | (b) All educational facilities and institutions under the |
| 114 | supervision of the Department of Education. |
| 115 | (c) All custodial facilities and institutions used |
| 116 | primarily for the care, custody, or treatment of wards of the |
| 117 | state. |
| 118 | (d) Buildings or spaces used for legislative activities. |
| 119 | (e) Buildings purchased or constructed from agricultural |
| 120 | or citrus trust funds. |
| 121 | Section 2. Effective December 1, 2009, section 255.249, |
| 122 | Florida Statutes, is amended to read: |
| 123 | (Substantial rewording of section. See |
| 124 | s. 255.249, F.S., for present text.) |
| 125 | 255.249 Centralized leasing authority; centralized parking |
| 126 | management; responsibilities of department; annual comprehensive |
| 127 | leasing report; rules.-- |
| 128 | (1) Except as provided in subsection (6), the department |
| 129 | shall: |
| 130 | (a) Have exclusive authority over, and be the primary |
| 131 | contact point and managing agent for, each existing and future |
| 132 | lease to a state agency of space for administrative direction |
| 133 | and support services. This authority includes the right of the |
| 134 | department to direct a state agency to occupy a specific |
| 135 | location. A state agency may not negotiate or execute its own |
| 136 | lease for such space. |
| 137 | (b) Manage all parking activities, including, but not |
| 138 | limited to, the charging of fees for cost recovery and |
| 139 | allocation of space at all state-owned office buildings managed |
| 140 | by the department, including the management of parking |
| 141 | structures, garages, lots, grounds, or similar facilities or |
| 142 | areas appurtenant to such buildings. |
| 143 | (c) Ensure efficient occupancy and allocation of space in |
| 144 | state-owned office buildings and in privately owned buildings |
| 145 | leased to a state agency. |
| 146 | (d) Be responsible for both custodial and preventative |
| 147 | maintenance of state-owned office buildings, and any parking |
| 148 | facilities or grounds appurtenant to such buildings, managed by |
| 149 | the department. |
| 150 | (2) By September 15, annually, the department shall |
| 151 | provide to the Executive Office of the Governor and the |
| 152 | Legislature a comprehensive leasing report detailing: |
| 153 | (a) Each private lease to a state agency that is scheduled |
| 154 | to expire within 24 months, categorized by agency and by |
| 155 | geographic market. |
| 156 | (b) The specifics of each private lease to a state agency, |
| 157 | including location, square footage, rental rate, and expiration |
| 158 | date, and a statement expressing whether suitable space is |
| 159 | expected to be available in a state-owned office building upon |
| 160 | expiration of the lease. |
| 161 | (c) The potential financial impact to the Florida |
| 162 | Facilities Pool rental rate that may be realized from the |
| 163 | disposition, sale, acquisition, or construction of state-owned |
| 164 | office buildings. |
| 165 | (d) Year-over-year percentage changes to occupancy rates, |
| 166 | maintenance costs, and operating expenses of the Florida |
| 167 | Facilities Pool. |
| 168 | (e) Year-over-year percentage changes to occupancy costs |
| 169 | by market, space consumption by agency, and space consumption by |
| 170 | market of the Florida Facilities Pool. |
| 171 | (f) An analysis and summary of major market supply and |
| 172 | demand for the ten largest markets in which the state leases |
| 173 | space. |
| 174 | (g) Recommendations of strategic opportunities for |
| 175 | consolidations, dispositions, acquisitions, and construction, |
| 176 | and cost-benefit analyses for each strategic opportunity. |
| 177 | (3) The department shall adopt rules pursuant to chapter |
| 178 | 120 providing for: |
| 179 | (a) Performance and execution of all responsibilities and |
| 180 | authorities granted under this section. |
| 181 | (b) The advertisement, receipt, evaluation, and award of |
| 182 | competitive proposals for leases. The department's rules shall |
| 183 | include, but not be limited to: |
| 184 | 1. A process for requests for bid similar to the process |
| 185 | prescribed in s. 287.057(1). |
| 186 | 2. A process for requests for proposals similar to the |
| 187 | process prescribed in s. 287.057(2). |
| 188 | 3. A process for invitations to negotiate similar to the |
| 189 | process prescribed in s. 287.057(3). |
| 190 | (c) Requirements that all leases shall be awarded to the |
| 191 | best leasing value, a statement describing best leasing value in |
| 192 | each advertisement, and a process for determining the best |
| 193 | leasing value and awarding the lease. |
| 194 | (d) Extension criteria for existing leases, the |
| 195 | termination of an existing lease, and the use of tenant |
| 196 | improvement funds upon termination of a lease. |
| 197 | (e) Methods and guidelines used to validate square footage |
| 198 | used for the calculation of lease payments. |
| 199 | (f) Acceptable terms and conditions for inclusion in lease |
| 200 | agreements and addenda, which must, at a minimum, include: |
| 201 | 1. The following statements: |
| 202 | a. "The State of Florida's performance and obligation to |
| 203 | pay under this contract is contingent upon an annual |
| 204 | appropriation by the Legislature." |
| 205 | b. "The Lessee shall have the right to terminate, without |
| 206 | penalty, this lease in the event a state-owned office building |
| 207 | becomes available to the Lessee for occupancy upon giving 6 |
| 208 | month's advance written notice to the Lessor by Certified Mail, |
| 209 | Return Receipt Requested." |
| 210 | 2. A requirement for full disclosure of the names and the |
| 211 | extent of interest of the owners holding an interest of 4 |
| 212 | percent or more in any privately owned property leased to the |
| 213 | state or in the entity holding title to the property. The |
| 214 | requirement must stipulate that an owner identified under this |
| 215 | subparagraph is exempt from disclosure of: |
| 216 | a. Any beneficial interest which is represented by stock |
| 217 | in any corporation registered with the Securities and Exchange |
| 218 | Commission or registered pursuant to chapter 517, which stock is |
| 219 | for sale to the general public; and |
| 220 | b. Any leasehold interest in property located outside the |
| 221 | territorial boundaries of the United States. |
| 222 | 3. A requirement for full disclosure of the names of all |
| 223 | public officials, agents, or employees holding any interest in |
| 224 | any privately owned property leased to the state or in the |
| 225 | entity holding title to the property, and the nature and extent |
| 226 | of their interest. The requirement must stipulate that a public |
| 227 | official, agent, or employee identified under this subparagraph |
| 228 | is exempt from disclosure of: |
| 229 | a. Any beneficial interest which is represented by stock |
| 230 | in any corporation registered with the Securities and Exchange |
| 231 | Commission or registered pursuant to chapter 517, which stock is |
| 232 | for sale to the general public; and |
| 233 | b. Any leasehold interest in property located outside the |
| 234 | territorial boundaries of the United States. |
| 235 | (g) A standardized format for agency reporting of required |
| 236 | information. |
| 237 | (h) A standard accounting method for reporting agency |
| 238 | lease costs. |
| 239 | (i) A standard method for the assessment of rent to state |
| 240 | agencies and other authorized occupants of state-owned office |
| 241 | space, notwithstanding the source of funds. |
| 242 | (j) Methods and guidelines for reporting to each agency on |
| 243 | a quarterly basis with respect to space occupied. |
| 244 | (4) Pursuant to s. 287.042(2)(a), the department may |
| 245 | procure contracts for real estate consulting and for tenant |
| 246 | brokerage services and may use a contractor procured for those |
| 247 | purposes to assist with the execution of any responsibility |
| 248 | prescribed in this section. Any contract between a contractor |
| 249 | procured to provide real estate consulting or to provide tenant |
| 250 | brokerage services and the department entered into prior to |
| 251 | January 1, 2010, shall remain in effect. The department may not |
| 252 | execute a lease agreement with a private landlord with which a |
| 253 | contractor procured under this section is engaged to provide |
| 254 | real estate consulting or tenant brokerage services. |
| 255 | (5) Contracts with real estate consultants and tenant |
| 256 | brokerage services must contain the following provisions or |
| 257 | requirements: |
| 258 | (a) Awarded brokers must maintain an office or presence in |
| 259 | the market served. In awarding the contract, preference must be |
| 260 | given to brokers that are licensed in this state under chapter |
| 261 | 475 and that have 3 or more years of experience in the market |
| 262 | served. The contract may be made with up to three tenant brokers |
| 263 | in order to serve the marketplace in the northern, central, and |
| 264 | southern areas of the state. |
| 265 | (b) Each contracted tenant broker shall work under the |
| 266 | direction, supervision, and authority of the department, subject |
| 267 | to the rules governing lease procurements. |
| 268 | (c) The department shall provide training for the awarded |
| 269 | tenant brokers concerning the rules governing the procurement of |
| 270 | leases. |
| 271 | (d) Tenant brokers must comply with all applicable |
| 272 | provisions of s. 475.278. |
| 273 | (e) Real estate consultants and tenant brokers shall be |
| 274 | compensated by the department, subject to the provisions of the |
| 275 | term contract, and such compensation is subject to appropriation |
| 276 | by the Legislature. A real estate consultant or tenant broker |
| 277 | may not receive compensation directly from a lessor for services |
| 278 | that are rendered under the term contract. Moneys paid to a real |
| 279 | estate consultant or tenant broker are exempt from any charge |
| 280 | imposed under s. 287.1345. Moneys paid by a lessor to the |
| 281 | department under a facility leasing arrangement are not subject |
| 282 | to the charges imposed under s. 215.20. All terms relating to |
| 283 | the compensation of the real estate consultant or tenant broker |
| 284 | shall be specified in the term contract. |
| 285 | (f) The department shall conduct periodic customer- |
| 286 | satisfaction surveys. |
| 287 | (6) This section does not apply to: |
| 288 | (a) District or area offices established for field |
| 289 | operations where law enforcement, military, inspections, road |
| 290 | operations, or tourist-welcoming functions are performed. |
| 291 | (b) Educational facilities and institutions under the |
| 292 | supervision of the Department of Education. |
| 293 | (c) Custodial facilities and institutions used primarily |
| 294 | for the care, custody, or treatment of wards of the state. |
| 295 | (d) Buildings or spaces used for legislative activities. |
| 296 | (e) Buildings purchased or constructed from agricultural |
| 297 | or citrus trust funds. |
| 298 | (f) Wireless communications facilities, except as |
| 299 | stipulated in s. 365.172(12)(f). |
| 300 | (g) Leases which the Department of Transportation is |
| 301 | otherwise specifically authorized to enter. |
| 302 | (h) Any leases by the Board of Trustees of the Internal |
| 303 | Improvement Trust Fund for any purpose other than administrative |
| 304 | direction and support services, including, but not be limited |
| 305 | to, leases to university boards of trustees and leases of |
| 306 | conservation lands. |
| 307 | Section 3. Effective December 1, 2009, section 255.2491, |
| 308 | Florida Statutes, is created to read: |
| 309 | 255.2491 Transition to centralized leasing authority; |
| 310 | agency responsibilities.-- |
| 311 | (1) Between July 1, 2009, and October 31, 2009, each |
| 312 | agency having a private lease to which s. 255.249 applies shall |
| 313 | work with the department to identify all resources existing |
| 314 | within its agency relating to leasing and lease administration |
| 315 | functions, including: |
| 316 | (a) Full-time or part-time positions dedicated to real |
| 317 | estate leasing functions and associated appropriations for those |
| 318 | positions. |
| 319 | (b) Annual appropriations for lease occupancy costs and |
| 320 | funding sources to support such appropriations. |
| 321 | (2) By October 31, 2009, and in conjunction with all |
| 322 | impacted state agencies, the department shall submit a plan |
| 323 | identifying positions needed to support centralized leasing |
| 324 | activities within the department. |
| 325 | (3) Effective December 1, 2009, each state agency having a |
| 326 | private lease to which s. 255.249 applies shall enter into an |
| 327 | interagency agreement with the department that contains |
| 328 | provisions: |
| 329 | (a) Requiring functional supervision by the department |
| 330 | over persons in the positions identified in subsection (2) as |
| 331 | needed to support centralized leasing activities within the |
| 332 | department. |
| 333 | (b) Requiring that all salaries, benefits, and operational |
| 334 | costs shall remain the obligation of each respective agency |
| 335 | through June 30, 2010. |
| 336 | (c) Requiring the development of policies and procedures |
| 337 | in conjunction with each agency to carry out the provisions of |
| 338 | the agreement. |
| 339 | (d) Requiring that the department is to act as the |
| 340 | authorized agent of the agency in any private lease to which s. |
| 341 | 255.249 applies. |
| 342 | (e) Authorizing the department to substitute itself as the |
| 343 | tenant under any private lease to which s. 255.249 applies, |
| 344 | subject to any restrictions set forth in the lease, and to |
| 345 | consider the agency its subtenant without materially changing |
| 346 | the agency's rights or responsibilities. |
| 347 | (f) Specifying other terms that the parties deem |
| 348 | appropriate to accomplish the efficient transition of |
| 349 | responsibilities and the general purposes of this section and |
| 350 | ss. 255.249 and 255.25. |
| 351 | Section 4. Section 255.25, Florida Statutes, is amended to |
| 352 | read: |
| 353 | (Substantial rewording of section. See |
| 354 | s. 255.25, F.S., for present text.) |
| 355 | 255.25 Competitive solicitation; exceptions.-- |
| 356 | (1) The department shall utilize the competitive |
| 357 | solicitation process for leases of 5,000 square feet or greater |
| 358 | or shall acquire a minimum of 3 written quotes for leases exempt |
| 359 | from the competitive solicitation process pursuant to subsection |
| 360 | (2). The department shall follow the process as established in |
| 361 | rules for competitive solicitation authorized in s. |
| 362 | 255.249(3)(b). |
| 363 | (2) Exceptions to the competitive solicitation process |
| 364 | identified in subsection (1) shall include: |
| 365 | (a) Leases for nominal or no consideration. |
| 366 | (b) Leases for a term of less than 120 days. |
| 367 | (3) The following leases shall be exempt from the |
| 368 | competitive solicitation process with written approval of the |
| 369 | department: |
| 370 | (a) Extensions of existing leases if the total of the |
| 371 | extensions from the original lease termination date does not |
| 372 | exceed 11 months. |
| 373 | (b) Emergency acquisition of space to replace a portion of |
| 374 | space destroyed or rendered uninhabitable by an act of God, |
| 375 | fire, malicious destruction, structural failure, or by legal |
| 376 | action. The term of such emergency acquisition may not exceed 11 |
| 377 | months unless the original space will be made inhabitable within |
| 378 | 18 months of the commencement of the emergency lease. |
| 379 | (c) Leases that demonstrate best leasing value and public |
| 380 | benefit through the colocation or consolidation of like public |
| 381 | services in partnership with municipal or other governmental |
| 382 | entities. |
| 383 | (4) The department shall adopt and publish rules for the |
| 384 | public to contest the award of leases acquired using the |
| 385 | competitive solicitation process. |
| 386 | Section 5. Effective December 1, 2009, paragraph (m) of |
| 387 | subsection (3) of section 110.171, Florida Statutes, is amended |
| 388 | to read: |
| 389 | 110.171 State employee telecommuting program.-- |
| 390 | (3) By September 30, 2009, each state agency shall |
| 391 | identify and maintain a current listing of the job |
| 392 | classifications and positions that the agency considers |
| 393 | appropriate for telecommuting. Agencies that adopt a state |
| 394 | employee telecommuting program must: |
| 395 | (m) Provide measurable financial benefits associated with |
| 396 | reduced office space requirements, reductions in energy |
| 397 | consumption, and reductions in associated emissions of |
| 398 | greenhouse gases resulting from telecommuting. State agencies |
| 399 | operating in office space owned or managed by the department |
| 400 | shall consult the facilities program to ensure its consistency |
| 401 | with the comprehensive strategic leasing report plan required |
| 402 | under s. 255.249(2)(3)(b). |
| 403 | Section 6. Effective December 1, 2009, subsection (2) of |
| 404 | section 255.25001, Florida Statutes, is amended to read: |
| 405 | 255.25001 Suspension or delay of specified functions, |
| 406 | programs, and requirements relating to governmental |
| 407 | operations.--Notwithstanding the provisions of: |
| 408 | (2) Sections 253.025, 255.249, and 255.25, the Department |
| 409 | of Management Services has the authority to promulgate rules |
| 410 | pursuant to chapter 120 to be used in determining whether a |
| 411 | lease-purchase of a state-owned office building is in the best |
| 412 | interests of the state, which rules provide: |
| 413 | (a) Procedures state agencies will follow to certify the |
| 414 | need for a lease-purchase acquisition for a state-owned office |
| 415 | building to the Department of Management Services and a |
| 416 | notification procedure of the department's decision regarding |
| 417 | state agencies' requests for a lease-purchase agreement. The |
| 418 | certification process shall include but not be limited to the |
| 419 | following: |
| 420 | 1. Current programmatic space requirements of the state |
| 421 | agency. |
| 422 | 2. Future programmatic space requirements of the state |
| 423 | agency. |
| 424 | 3. Time considerations in providing state-owned office |
| 425 | building space. |
| 426 | 4. An analysis of existing leases affected by the lease- |
| 427 | purchase agreement. |
| 428 | (b) Procedures and document formats for the advertisement, |
| 429 | competitive bid process, including format of submissions, and |
| 430 | evaluation of lease-purchase acquisition proposals for state- |
| 431 | owned office buildings. The evaluation process shall include but |
| 432 | not be limited to the following: |
| 433 | 1. A consideration of the cost of comparable operating |
| 434 | leases. |
| 435 | 2. The appraised value of the facility as required by s. |
| 436 | 253.025. |
| 437 | 3. A present value analysis of the proposed payment |
| 438 | stream. |
| 439 | 4. The cost of financing the facility to be acquired. |
| 440 | 5. The cost to repair identified physical defects. |
| 441 | 6. The cost to remove identified hazardous substances. |
| 442 | 7. An energy analysis. |
| 443 | 8. A determination of who is responsible for management |
| 444 | and maintenance activities. |
| 445 |
|
| 446 | In order to minimize the cost of the evaluation process, the |
| 447 | Department of Management Services may develop a multistage |
| 448 | evaluation process to identify the most cost-efficient proposals |
| 449 | for extensive evaluation. The studies developed as a result of |
| 450 | this evaluation process shall be considered confidential and |
| 451 | exempt from the provisions of s. 119.07(1) to the same extent |
| 452 | that appraisal reports are considered confidential and exempt |
| 453 | from the provisions of s. 119.07(1) as provided in s. |
| 454 | 253.025(6)(d). |
| 455 | (c) Acceptable terms and conditions for inclusion in |
| 456 | lease-purchase agreements, which shall include but not be |
| 457 | limited to: |
| 458 | 1. The assignment of the lease-purchase agreement to other |
| 459 | governmental entities, including accumulated equity. |
| 460 | 2. The ability of the acquiring state agency to sublease a |
| 461 | portion of the facility, not to exceed 25 percent, to other |
| 462 | governmental entities. These subleases shall provide for the |
| 463 | recovery of the agencies' cost of operations and maintenance. |
| 464 |
|
| 465 | The execution of a lease-purchase is conditioned upon a finding |
| 466 | by the Department of Management Services that it would be in the |
| 467 | best interests of the state. The language in this subsection |
| 468 | shall be considered specific authorization for a lease-purchase |
| 469 | pursuant to s. 255.25(1)(c) upon the Department of Management |
| 470 | Services' certification that the lease-purchase is in the best |
| 471 | interests of the state. Thereafter, the agency is authorized to |
| 472 | enter into a lease-purchase agreement and to expend operating |
| 473 | funds for lease-purchase payments. Any facility which is |
| 474 | acquired pursuant to the processes authorized by this subsection |
| 475 | shall be considered to be a "state-owned office building" and a |
| 476 | "state-owned building" as those terms are applied in ss. |
| 477 | 255.248-255.25. |
| 478 | (d) That any costs resulting from the processes authorized |
| 479 | by this subsection, including but not limited to appraisals, |
| 480 | environmental analyses, and any other studies which may be |
| 481 | required under these provisions, shall be borne by the owner of |
| 482 | the property which is the subject of the proposed lease- |
| 483 | purchase. |
| 484 | Section 7. Effective December 1, 2009, subsection (4) of |
| 485 | section 288.012, Florida Statutes, is amended to read: |
| 486 | 288.012 State of Florida foreign offices.--The Legislature |
| 487 | finds that the expansion of international trade and tourism is |
| 488 | vital to the overall health and growth of the economy of this |
| 489 | state. This expansion is hampered by the lack of technical and |
| 490 | business assistance, financial assistance, and information |
| 491 | services for businesses in this state. The Legislature finds |
| 492 | that these businesses could be assisted by providing these |
| 493 | services at State of Florida foreign offices. The Legislature |
| 494 | further finds that the accessibility and provision of services |
| 495 | at these offices can be enhanced through cooperative agreements |
| 496 | or strategic alliances between state entities, local entities, |
| 497 | foreign entities, and private businesses. |
| 498 | (4) The Office of Tourism, Trade, and Economic |
| 499 | Development, in connection with the establishment, operation, |
| 500 | and management of any of its offices located in a foreign |
| 501 | country, is exempt from the provisions of ss. 255.21, 255.249, |
| 502 | 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 |
| 503 | and 283.35 relating to bids for printing; ss. 287.001-287.20 |
| 504 | relating to purchasing and motor vehicles; and ss. 282.003- |
| 505 | 282.111 relating to communications, and from all statutory |
| 506 | provisions relating to state employment. |
| 507 | (a) The Office of Tourism, Trade, and Economic Development |
| 508 | may exercise such exemptions only upon prior approval of the |
| 509 | Governor. |
| 510 | (b) If approval for an exemption under this section is |
| 511 | granted as an integral part of a plan of operation for a |
| 512 | specified foreign office, such action shall constitute |
| 513 | continuing authority for the Office of Tourism, Trade, and |
| 514 | Economic Development to exercise the exemption, but only in the |
| 515 | context and upon the terms originally granted. Any modification |
| 516 | of the approved plan of operation with respect to an exemption |
| 517 | contained therein must be resubmitted to the Governor for his or |
| 518 | her approval. An approval granted to exercise an exemption in |
| 519 | any other context shall be restricted to the specific instance |
| 520 | for which the exemption is to be exercised. |
| 521 | (c) As used in this subsection, the term "plan of |
| 522 | operation" means the plan developed pursuant to subsection (2). |
| 523 | (d) Upon final action by the Governor with respect to a |
| 524 | request to exercise the exemption authorized in this subsection, |
| 525 | the Office of Tourism, Trade, and Economic Development shall |
| 526 | report such action, along with the original request and any |
| 527 | modifications thereto, to the President of the Senate and the |
| 528 | Speaker of the House of Representatives within 30 days. |
| 529 | Section 8. Effective December 1, 2009, paragraph (b) of |
| 530 | subsection (9) of section 288.1224, Florida Statutes, is amended |
| 531 | to read: |
| 532 | 288.1224 Powers and duties.--The commission: |
| 533 | (9) Is authorized to establish and operate tourism offices |
| 534 | in foreign countries in the execution of its responsibilities |
| 535 | for promoting the development of tourism. To facilitate the |
| 536 | performance of these responsibilities, the commission is |
| 537 | authorized to contract with the commission's direct-support |
| 538 | organization to establish and administer such offices. Where |
| 539 | feasible, appropriate, and recommended by the 4-year marketing |
| 540 | plan, the commission may collocate the programs of foreign |
| 541 | tourism offices in cooperation with any foreign office operated |
| 542 | by any agency of this state. |
| 543 | (b) The Florida Commission on Tourism, or its direct- |
| 544 | support organization, in connection with the establishment, |
| 545 | operation, and management of any of its tourism offices located |
| 546 | in a foreign country, is exempt from the provisions of ss. |
| 547 | 255.21, 255.249, 255.25, and 255.254 relating to leasing of |
| 548 | buildings; ss. 283.33 and 283.35 relating to bids for printing; |
| 549 | ss. 287.001-287.20 relating to purchasing and motor vehicles; |
| 550 | and ss. 282.003-282.111 relating to communications, and from all |
| 551 | statutory provisions relating to state employment, if the laws, |
| 552 | administrative code, or business practices or customs of the |
| 553 | foreign country, or political or administrative subdivision |
| 554 | thereof, in which such office is located are in conflict with |
| 555 | these provisions. |
| 556 | Section 9. Effective December 1, 2009, paragraph (d) of |
| 557 | subsection (2) of section 288.1226, Florida Statutes, is amended |
| 558 | to read: |
| 559 | 288.1226 Florida Tourism Industry Marketing Corporation; |
| 560 | use of property; board of directors; duties; audit.-- |
| 561 | (2) ESTABLISHMENT.--The Florida Commission on Tourism |
| 562 | shall establish, no later than July 31, 1996, the Florida |
| 563 | Tourism Industry Marketing Corporation as a direct-support |
| 564 | organization: |
| 565 | (d) Which shall not be considered an agency for the |
| 566 | purposes of chapters 120, 216, and 287; ss. 255.21, 255.249, |
| 567 | 255.25, and 255.254, relating to leasing of buildings; ss. |
| 568 | 283.33 and 283.35, relating to bids for printing; s. 215.31; and |
| 569 | parts I, II, and IV-VIII of chapter 112. |
| 570 | Section 10. Effective December 1, 2009, paragraph (a) of |
| 571 | subsection (3) of section 944.10, Florida Statutes, is amended |
| 572 | to read: |
| 573 | 944.10 Department of Corrections to provide buildings; |
| 574 | sale and purchase of land; contracts to provide services and |
| 575 | inmate labor.-- |
| 576 | (3)(a) The department may enter into lease-purchase |
| 577 | agreements to provide correctional facilities for the housing of |
| 578 | state inmates. However, no such lease-purchase agreement shall |
| 579 | be entered into without specific legislative authorization of |
| 580 | that agreement, and funds must be specifically appropriated for |
| 581 | each lease-purchase agreement. The facilities provided through |
| 582 | such agreements shall meet the program plans and specifications |
| 583 | of the department. The department may enter into such lease |
| 584 | agreements with private corporations and other governmental |
| 585 | entities. However, notwithstanding the provisions of ss. 255.249 |
| 586 | and 255.25 s. 255.25(3)(a), no such lease agreement may be |
| 587 | entered into except upon advertisement for and receipt of |
| 588 | competitive bids and award to the lowest and best bidder. |
| 589 | Section 11. Effective December 1, 2009, paragraph (a) of |
| 590 | subsection (2) of section 957.04, Florida Statutes, is amended |
| 591 | to read: |
| 592 | 957.04 Contract requirements.-- |
| 593 | (2) Each contract entered into for the design and |
| 594 | construction of a private correctional facility or juvenile |
| 595 | commitment facility must include: |
| 596 | (a) Notwithstanding any provision of chapter 255 to the |
| 597 | contrary, a specific provision authorizing the use of tax-exempt |
| 598 | financing through the issuance of tax-exempt bonds, certificates |
| 599 | of participation, lease-purchase agreements, or other tax-exempt |
| 600 | financing methods. Pursuant to s. 255.25, Approval is hereby |
| 601 | provided for the lease-purchase of up to two private |
| 602 | correctional facilities and any other facility authorized by the |
| 603 | General Appropriations Act. |
| 604 | Section 12. Effective December 1, 2009, paragraph (b) of |
| 605 | subsection (15) of section 985.682, Florida Statutes, is amended |
| 606 | to read: |
| 607 | 985.682 Siting of facilities; study; criteria.-- |
| 608 | (15) |
| 609 | (b) Notwithstanding ss. 255.249, 255.25,(1)(b) and |
| 610 | 255.25001(2), the department may enter into lease-purchase |
| 611 | agreements to provide juvenile justice facilities for the |
| 612 | housing of committed youths contingent upon available funds. The |
| 613 | facilities provided through such agreements shall meet the |
| 614 | program plan and specifications of the department. The |
| 615 | department may enter into such lease agreements with private |
| 616 | corporations and other governmental entities. However, |
| 617 | notwithstanding the provisions of ss. 255.249 and 255.25 s. |
| 618 | 255.25(3)(a), no such lease agreement may be entered into except |
| 619 | upon advertisement for the receipt of competitive bids and award |
| 620 | to the lowest and best bidder except when contracting with other |
| 621 | governmental entities. |
| 622 | Section 13. Effective December 1, 2009, section 1013.17, |
| 623 | Florida Statutes, is amended to read: |
| 624 | 1013.17 University leasing in affiliated research and |
| 625 | development park.--A university is exempt from the requirements |
| 626 | of ss. 255.249 and 255.25 s. 255.25(3), (4), and (8) when |
| 627 | leasing educational facilities in a research and development |
| 628 | park with which the university is affiliated and when the Board |
| 629 | of Governors certifies in writing that the leasing of such |
| 630 | educational facilities is in the best interests of the |
| 631 | university and that the exemption from competitive bid |
| 632 | requirements would not be detrimental to the state. Leases |
| 633 | entered into pursuant to this section are subject to the |
| 634 | provisions of s. 1010.62. |
| 635 | Section 14. Database of state-owned property.-- |
| 636 | (1) The Department of Management Services is directed to |
| 637 | create, administer, and maintain a comprehensive database of |
| 638 | all state-owned property. To that end, the Department of |
| 639 | Management Services shall prepare a plan to compile the |
| 640 | database and address the following issues in the plan: |
| 641 | (a) A method for requiring that specific information be |
| 642 | provided for each property in the database in order to |
| 643 | determine appropriate valuation. |
| 644 | (b) A method for maintaining and updating the database. |
| 645 | (c) A method for the identification and assessment of |
| 646 | database properties for potential disposition. |
| 647 | (d) A method for requiring identified properties to be |
| 648 | routed to the Department of Management Services for strategic |
| 649 | valuation and disposition analysis. |
| 650 | (2) The Department of Management Services shall submit |
| 651 | the plan to the President of the Senate, the Speaker of the |
| 652 | House of Representatives, and the Executive Office of the |
| 653 | Governor by January 4, 2010. |
| 654 | Section 15. Except as otherwise specifically provided in |
| 655 | this act, this act shall take effect July 1, 2009. |