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. |