HB 741

1
A bill to be entitled
2An act relating to state-owned or leased space;
3amending s. 216.0152, F.S.; revising provisions
4requiring development, maintenance, and reporting
5relating to an automated inventory of state-owned or
6state-occupied facilities and providing procedures,
7requirements, and departmental responsibilities with
8respect thereto; amending s. 255.248, F.S.; adding
9definitions for the terms "managing entity" and
10"tenant broker"; amending s. 255.249, F.S.;
11authorizing the Department of Management Services to
12direct state agencies to occupy space in a state-owned
13building; authorizing the department to implement
14renovations of projects in order to efficiently use
15state-owned buildings; revising the contents of the
16master leasing report; authorizing state agencies to
17use the services of a tenant broker to provide certain
18information to the department; requiring the title
19entity or managing agency to report any vacant or
20underutilized space to the department; requiring the
21department to adopt procedural rules; amending s.
22255.25, F.S.; reducing the amount of square feet that
23an agency may lease without department approval;
24requiring a state agency to use a tenant broker to
25assist with lease actions; requiring the lessor of
26certain state-leased space to provide documentation
27relating to compliance with uniform firesafety
28standards under certain circumstances; conforming
29cross-references; amending ss. 110.171 and 985.682,
30F.S.; conforming cross-references; providing an
31effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Section 216.0152, Florida Statutes, is amended
36to read:
37     216.0152  Inventory of state-owned facilities or state-
38occupied facilities.-
39     (1)  The Department of Management Services and the
40Department of Environmental Protection shall develop and
41maintain an automated inventory of all facilities owned, leased,
42rented, or otherwise occupied or maintained by any agency of the
43state, the judicial branch, or the water management districts.
44The inventory data shall be provided by the owning or operating
45agency and shall include the location, occupying agency,
46ownership, size, condition assessment, valuations, operating
47costs, maintenance record, age, parking and employee facilities,
48building uses, full-time equivalent occupancy, known
49restrictions or historic designations, leases or subleases,
50associated revenues, and other information as required in a rule
51adopted by the Department of Management Services. The Department
52of Management Services shall use this data for determining
53maintenance needs, conducting strategic analyses, including, but
54not limited to, analyzing and identifying candidates for
55surplus, valuation, and disposition, and life-cycle cost
56evaluations of the facility. Inventory data shall be provided to
57the Department of Environmental Protection on or before July 1
58of each year by the owning or operating agency in a format
59prescribed by the Department of Environmental Protection and the
60Department of Management Services. The inventory need not
61include a condition assessment or maintenance record of
62facilities not owned by a state agency, the judicial branch, or
63a water management district. The term "facility," as used in
64this section, means buildings, structures, and building systems,
65but does not include transportation facilities of the state
66transportation system. For reporting purposes, the Department of
67Transportation shall develop and maintain an inventory of
68transportation facilities of the state transportation system and
69provide this inventory to the Department of Environmental
70Protection and the Department of Management Services by July 1
71of each year. The Department of Transportation shall also
72identify and dispose of surplus property pursuant to ss. 337.25
73and 339.04. The Board of Governors of the State University
74System and the Department of Education, respectively, shall
75develop and maintain an inventory, in the manner prescribed by
76the Department of Management Services, of all state university
77and community college facilities and shall provide make the data
78available in a format acceptable to the Department of Management
79Services by July 1 of each year. By March 15, 2011, the
80Department Management Services shall adopt rules pursuant to ss.
81120.536 and 120.54 to administer this section.
82     (2)  For the purpose of assessing needed repairs and
83renovations of facilities, the Department of Management Services
84shall update its inventory with condition information for
85facilities of 3,000 square feet or more and cause to be updated
86the other inventories required by subsection (1) at least once
87every 5 years, but the inventories shall record acquisitions of
88new facilities and significant changes in existing facilities as
89they occur. The Department of Management Services shall provide
90each agency and the judicial branch with the most recent
91inventory applicable to that agency or to the judicial branch.
92Each agency and the judicial branch shall, in the manner
93prescribed by the Department of Management Services, report
94significant changes in the inventory as they occur. Items
95relating to the condition and life-cycle cost of a facility
96shall be updated at least every 5 years.
97     (2)(3)  By October 1 of each year, the Department of
98Management Services and the Department of Environmental
99Protection shall, every 3 years, publish a complete report
100detailing the inventory of all state-owned facilities, including
101inventories of the Board of Governors of the State University
102System, the Department of Education, and the Department of
103Transportation. The annual state-owned real property disposition
104report required under s. 216.0153 shall be included in the
105report required under this subsection this inventory and shall
106publish an annual update of the report. The department shall
107furnish the updated report to the Executive Office of the
108Governor and the Legislature no later than September 15 of each
109year.
110     Section 2.  Section 255.248, Florida Statutes, is amended
111to read:
112     255.248  Definitions; ss. 255.249 and 255.25.-As used in
113ss. 255.248-255.25 255.249 and 255.25, the term:
114     (1)  "Best leasing value" means the highest overall value
115to the state based on objective factors that include, but are
116not limited to, rental rate, renewal rate, operational and
117maintenance costs, tenant-improvement allowance, location, lease
118term, condition of facility, landlord responsibility, amenities,
119and parking.
120     (2)  "Competitive solicitation" means an invitation to bid,
121a request for proposals, or an invitation to negotiate.
122     (3)  "Department" means the Department of Management
123Services.
124     (4)  "Managing agency" means an agency that serves as the
125title entity or leases property from the Board of Trustees of
126the Internal Improvement Trust Fund for the operation and
127maintenance of a state-owned office building.
128     (5)(4)  "Privately owned building" means any building not
129owned by a governmental agency.
130     (6)(5)  "Responsible lessor" means a lessor who has the
131capability in all respects to fully perform the contract
132requirements and the integrity and reliability that will assure
133good faith performance.
134     (7)(6)  "Responsive bid," "responsive proposal," or
135"responsive reply" means a bid or proposal, or reply submitted
136by a responsive and responsible lessor, which conforms in all
137material respects to the solicitation.
138     (8)(7)  "Responsive lessor" means a lessor who that has
139submitted a bid, proposal, or reply that conforms in all
140material respects to the solicitation.
141     (9)(8)  "State-owned office building" means any building
142title to which is vested in the state and which is used by one
143or more executive agencies predominantly for administrative
144direction and support functions. The This term excludes:
145     (a)  District or area offices established for field
146operations where law enforcement, military, inspections, road
147operations, or tourist welcoming functions are performed.
148     (b)  All educational facilities and institutions under the
149supervision of the Department of Education.
150     (c)  All custodial facilities and institutions used
151primarily for the care, custody, or treatment of wards of the
152state.
153     (d)  Buildings or spaces used for legislative activities.
154     (e)  Buildings purchased or constructed from agricultural
155or citrus trust funds.
156     (10)  "Tenant broker" means a private real estate broker or
157brokerage firm licensed to do business in this state and under
158contract with the department to provide real estate transaction,
159portfolio management, and strategic planning services for state
160agencies.
161     Section 3.  Section 255.249, Florida Statutes, is amended
162to read:
163     255.249  Department of Management Services; responsibility;
164department rules.-
165     (1)  The department shall have responsibility and authority
166for the custodial and preventive maintenance, repair, and
167allocation of space of all buildings in the Florida Facilities
168Pool and adjacent the grounds located adjacent thereto.
169     (2)  A state agency may not lease space in a private
170building that is to be constructed for state use unless prior
171approval of the architectural design and preliminary
172construction plan is obtained from the department.
173     (3)(2)  The department shall require a any state agency
174planning to terminate a lease in a privately owned building for
175the purpose of occupying space in a new state-owned office
176building, the funds for which are appropriated after June 30,
1772000, to state why the proposed relocation is in the best
178interest of the state.
179     (4)(3)(a)  The department shall, to the extent feasible,
180coordinate the vacation of privately owned leased space with the
181expiration of the lease on that space and, if when a lease is
182terminated before expiration of its base term, will make a
183reasonable effort to place another state agency in the space
184vacated. A Any state agency may lease the space in any building
185that was subject to a lease terminated by a state agency for a
186period of time equal to the remainder of the base term without
187the requirement of competitive solicitation.
188     (5)  The department may direct state agencies to occupy
189space in any state-owned office building, including all state-
190owned space identified within the Florida State-Owned Land
191Records Information System at the Department of Environmental
192Protection.
193     (6)  If expressly authorized by the General Appropriations
194Act and in the best interest of the state, the department may
195implement renovations or construction of fixed capital outlay
196projects to efficiently utilize state-owned office buildings.
197Such use of fixed capital outlay funds apply only to state-owned
198office buildings, and all expenditures must be reported by the
199department in the master leasing report identified in subsection
200(8).
201     (7)(b)  The department shall develop and implement a
202strategic leasing plan. The strategic leasing plan must shall
203forecast space needs for all state agencies and identify
204opportunities for reducing costs through consolidation,
205relocation, reconfiguration, capital investment, and the
206building or acquisition of state-owned space.
207     (8)(c)  The department shall annually publish a master
208leasing report that includes the strategic leasing plan created
209under subsection (7). The department shall annually submit
210furnish the master leasing report and plan to the Executive
211Office of the Governor and the Legislature by October 1. The
212report must provide September 15 of each year which provides the
213following information:
214     (a)1.  A list, by agency and by geographic market, of all
215leases that are due to expire within 24 months.
216     (b)2.  Details of each lease, including location, size,
217cost per leased square foot, lease-expiration date, and a
218determination of whether sufficient state-owned office space
219will be available at the expiration of the lease to accommodate
220affected employees.
221     (c)3.  A list of amendments and supplements to and waivers
222of terms and conditions in lease agreements that have been
223approved pursuant to s. 255.25(2)(a) during the previous 12
224months and an associated comprehensive analysis, including
225financial implications, showing that any amendment, supplement,
226or waiver is in the state's long-term best interest.
227     (d)4.  Financial impacts to the pool rental rate due to the
228sale, removal, acquisition, or construction of pool facilities.
229     (e)5.  Changes in occupancy rate, maintenance costs, and
230efficiency costs of leases in the state portfolio. Changes to
231occupancy costs in leased space by market and changes to space
232consumption by agency and by market.
233     (f)6.  An analysis of portfolio supply and demand.
234     (g)7.  Cost-benefit analyses of acquisition, build, and
235consolidation opportunities, recommendations for strategic
236consolidation, and strategic recommendations for disposition,
237acquisition, and building.
238     (h)  Recommendations for capital improvement funds to
239implement state agency consolidation into state-owned office
240buildings.
241     (i)8.  The updated plan required by s. 255.25(4)(c).
242     (9)(d)  Annually by June 30: of each year,
243     (a)  Each state agency shall annually provide to the
244department all information regarding agency programs affecting
245the need for or use of space by that agency, reviews of lease-
246expiration schedules for each geographic area, active and
247planned full-time equivalent data, business case analyses
248related to consolidation plans by an agency, a telecommuting
249program, and current occupancy and relocation costs, inclusive
250of furnishings, fixtures and equipment, data, and
251communications. State agencies may use the services of a tenant
252broker in preparing this information.
253     (b)  The title entity or managing agency shall report to
254the department any vacant or underutilized space for all state-
255owned office buildings and any restrictions that would apply to
256any other agency occupying the vacant space. It shall also
257notify the department of any significant changes to its
258occupancy in the coming fiscal year.
259     (10)(4)  The department shall adopt rules pursuant to
260chapter 120 providing:
261     (a)  Methods for accomplishing the duties outlined in
262subsection (1).
263     (b)  Procedures for soliciting and accepting competitive
264solicitations for leased space of 2,000 5,000 square feet or
265more in privately owned buildings, for evaluating the proposals
266received, for exemption from competitive solicitations
267requirements of any lease the purpose of which is the provision
268of care and living space for persons or emergency space needs as
269provided in s. 255.25(10), and for the securing of at least
270three documented quotes for a lease that is not required to be
271competitively solicited.
272     (c)  A standard method for determining square footage or
273any other measurement used as the basis for lease payments or
274other charges.
275     (d)  Methods of allocating space in both state-owned office
276buildings and privately owned buildings leased by the state
277based on use, personnel, and office equipment.
278     (e)1.  Acceptable terms and conditions for inclusion in
279lease agreements.
280     2.  At a minimum, such terms and conditions must shall
281include, at a minimum, the following clauses, which may not be
282amended, supplemented, or waived:
283     1.a.  As provided in s. 255.2502, "The State of Florida's
284performance and obligation to pay under this contract is
285contingent upon an annual appropriation by the Legislature."
286     2.b.  "The Lessee has shall have the right to terminate,
287without penalty, this lease if in the event a State-owned
288building becomes available to the Lessee for occupancy upon
289giving 6 months' advance written notice to the Lessor by
290Certified Mail, Return Receipt Requested."
291     (f)  Maximum rental rates, by geographic areas or by
292county, for leasing privately owned space.
293     (g)  A standard method for the assessment of rent to state
294agencies and other authorized occupants of state-owned office
295space, notwithstanding the source of funds.
296     (h)  For full disclosure of the names and the extent of
297interest of the owners holding a 4 percent 4-percent or more
298interest in any privately owned property leased to the state or
299in the entity holding title to the property, for exemption from
300such disclosure of any beneficial interest that which is
301represented by stock in a any corporation registered with the
302Securities and Exchange Commission or registered pursuant to
303chapter 517, which stock is for sale to the general public, and
304for exemption from such disclosure of any leasehold interest in
305property located outside the territorial boundaries of the
306United States.
307     (i)  For full disclosure of the names of all public
308officials, agents, or employees holding any interest in any
309privately owned property leased to the state or in the entity
310holding title to the property, and the nature and extent of
311their interest, for exemption from such disclosure of any
312beneficial interest that which is represented by stock in any
313corporation registered with the Securities and Exchange
314Commission or registered pursuant to chapter 517, which stock is
315for sale to the general public, and for exemption from such
316disclosure of any leasehold interest in property located outside
317the territorial boundaries of the United States.
318     (j)  A method for reporting leases for nominal or no
319consideration.
320     (k)  For a lease of less than 2,000 5,000 square feet, a
321method for certification by the agency head or the agency head's
322designated representative that all criteria for leasing have
323been fully complied with and for the filing of a copy of such
324lease and all supporting documents with the department for its
325review and approval as to technical sufficiency and whether it
326is in the best interests of the state.
327     (l)  A standardized format for state agency reporting of
328the information required by paragraph (9)(a) (3)(d).
329     (m)  Procedures for administering this section.
330     (11)(5)  The department shall prepare a form listing all
331conditions and requirements adopted pursuant to this chapter
332which must be met by any state agency leasing any building or
333part thereof. Before executing any lease, this form must shall
334be certified by the agency head or the agency head's designated
335representative and submitted to the department.
336     (12)(6)  The department may contract for real estate
337consulting or tenant brokerage services in order to carry out
338its duties relating to the strategic leasing plan under
339subsection (7). The contract must shall be procured pursuant to
340s. 287.057. The vendor that is awarded the contract shall be
341compensated by the department, subject to the provisions of the
342contract, and such compensation is subject to appropriation by
343the Legislature. The real estate consultant or tenant broker may
344not receive compensation directly from a lessor for services
345that are rendered pursuant to the contract. Moneys paid by a
346lessor to the department under a facility-leasing arrangement
347are not subject to the charges imposed under s. 215.20.
348     Section 4.  Section 255.25, Florida Statutes, is amended to
349read:
350     255.25  Approval required before prior to construction or
351lease of buildings.-
352     (1)(a)  A state agency may not lease space in a private
353building that is to be constructed for state use unless prior
354approval of the architectural design and preliminary
355construction plans is first obtained from the department.
356     (b)  During the term of existing leases, each agency shall
357consult with the department regarding opportunities for
358consolidation, use of state-owned space, build-to-suit space,
359and potential acquisitions; shall monitor market conditions; and
360shall initiate a competitive solicitation or, if appropriate,
361lease-renewal negotiations for each lease held in the private
362sector to effect the best overall lease terms reasonably
363available to that agency.
364     (b)  Amendments to leases may be permitted to modify any
365lease provisions or any other terms or conditions, except to the
366extent specifically prohibited by this chapter. The department
367shall serve as a mediator in lease-renewal negotiations if the
368agency and the lessor are unable to reach a compromise within 6
369months after renegotiation and if either the agency or lessor
370requests intervention by the department.
371     (c)  If expressly When specifically authorized by the
372General Appropriations Act, and in accordance with s. 255.2501,
373if applicable, the department may approve a lease-purchase,
374sale-leaseback, or tax-exempt leveraged lease contract or other
375financing technique for the acquisition, renovation, or
376construction of a state fixed capital outlay project if when it
377is in the best interest of the state.
378     (2)(a)  Except as provided in s. 255.2501, a state agency
379may not lease a building or any part thereof unless prior
380approval of the lease conditions and of the need for the lease
381therefor is first obtained from the department. An Any approved
382lease may include an option to purchase or an option to renew
383the lease, or both, upon such terms and conditions as are
384established by the department, subject to final approval by the
385head of the department of Management Services and s. 255.2502.
386     (b)  For the lease of less than 2,000 5,000 square feet of
387space, a state agency must notify the department at least 30
388days before the execution of the lease. The department shall
389review the lease and determine whether suitable space is
390available in a state-owned or state-leased building located in
391the same geographic region. If the department determines that
392space is not available, the department shall determine whether
393the state agency lease is in the best interests of the state. If
394the department determines that the execution of the lease is not
395in the best interests of the state, the department shall notify
396the agency proposing the lease, the Governor, the President of
397the Senate, and the Speaker of the House of Representatives and
398the presiding officers of each house of the Legislature of such
399finding in writing. A lease that is for a term extending beyond
400the end of a fiscal year is subject to the provisions of ss.
401216.311, 255.2502, and 255.2503.
402     (c)  The department shall adopt as a rule uniform leasing
403procedures by rule for use by each state agency other than the
404Department of Transportation. Each state agency shall ensure
405that the leasing practices of that agency are in substantial
406compliance with the uniform leasing rules adopted under this
407section and ss. 255.249, 255.2502, and 255.2503.
408     (d)  Notwithstanding paragraph (a) and except as provided
409in ss. 255.249 and 255.2501, a state agency may not lease a
410building or any part thereof unless prior approval of the lease
411terms and conditions and of the need for the lease therefor is
412first obtained from the department. The department may not
413approve any term or condition in a lease agreement which has
414been amended, supplemented, or waived unless a comprehensive
415analysis, including financial implications, demonstrates that
416such amendment, supplement, or waiver is in the state's long-
417term best interest. An Any approved lease may include an option
418to purchase or an option to renew the lease, or both, upon such
419terms and conditions as are established by the department
420subject to final approval by the head of the department of
421Management Services and the provisions of s. 255.2502.
422     (3)(a)  Except as provided in subsection (10), a state
423agency may not enter into a lease as lessee for the use of 2,000
4245,000 square feet or more of space in a privately or government-
425owned owned building except upon advertisement for and receipt
426of competitive solicitations.
427     1.a.  An invitation to bid must shall be made available
428simultaneously to all lessors and must include a detailed
429description of the space sought; the time and date for the
430receipt of bids and of the public opening; and all contractual
431terms and conditions applicable to the procurement, including
432the criteria to be used in determining acceptability of the bid.
433If the agency contemplates renewal of the contract, that fact
434must be stated in the invitation to bid. The bid must include
435the price for each year for which the contract may be renewed.
436Evaluation of bids shall include consideration of the total cost
437for each year as submitted by the lessor. Criteria that were not
438set forth in the invitation to bid may not be used in
439determining acceptability of the bid.
440     b.  The contract shall be awarded with reasonable
441promptness by written notice to the responsible and responsive
442lessor who that submits the lowest responsive bid. This bid must
443be determined in writing to meet the requirements and criteria
444set forth in the invitation to bid.
445     2.a.  If an agency determines in writing that the use of an
446invitation to bid is not practicable, leased space shall be
447procured by competitive sealed proposals. A request for
448proposals shall be made available simultaneously to all lessors
449and must include a statement of the space sought; the time and
450date for the receipt of proposals and of the public opening; and
451all contractual terms and conditions applicable to the
452procurement, including the criteria, which must include, but
453need not be limited to, price, to be used in determining
454acceptability of the proposal. The relative importance of price
455and other evaluation criteria must shall be indicated. If the
456agency contemplates renewal of the contract, that fact must be
457stated in the request for proposals. The proposal must include
458the price for each year for which the contract may be renewed.
459Evaluation of proposals must shall include consideration of the
460total cost for each year as submitted by the lessor.
461     b.  The contract shall be awarded to the responsible and
462responsive lessor whose proposal is determined in writing to be
463the most advantageous to the state, taking into consideration
464the price and the other criteria set forth in the request for
465proposals. The contract file must contain documentation
466supporting the basis on which the award is made.
467     3.a.  If the agency determines in writing that the use of
468an invitation to bid or a request for proposals will not result
469in the best leasing value to the state, the agency may procure
470leased space by competitive sealed replies. The agency's written
471determination must specify reasons that explain why negotiation
472may be necessary in order for the state to achieve the best
473leasing value and must be approved in writing by the agency head
474or his or her designee before prior to the advertisement of an
475invitation to negotiate. Cost savings related to the agency
476procurement process are not sufficient justification for using
477an invitation to negotiate. An invitation to negotiate shall be
478made available to all lessors simultaneously and must include a
479statement of the space sought; the time and date for the receipt
480of replies and of the public opening; and all terms and
481conditions applicable to the procurement, including the criteria
482to be used in determining the acceptability of the reply. If the
483agency contemplates renewal of the contract, that fact must be
484stated in the invitation to negotiate. The reply must include
485the price for each year for which the contract may be renewed.
486     b.  The agency shall evaluate and rank responsive replies
487against all evaluation criteria set forth in the invitation to
488negotiate and shall select, based on the ranking, one or more
489lessors with which to commence negotiations. After negotiations
490are conducted, the agency shall award the contract to the
491responsible and responsive lessor who that the agency determines
492will provide the best leasing value to the state. The contract
493file must contain a short, plain statement that explains the
494basis for lessor selection and sets forth the lessor's
495deliverables and price pursuant to the contract, and an
496explanation of how these deliverables and price provide the best
497leasing value to the state.
498     (b)  The department of Management Services shall have the
499authority to approve a lease for 2,000 5,000 square feet or more
500of space which that covers more than 1 fiscal year, subject to
501the provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503,
502if such lease is, in the judgment of the department, in the best
503interests of the state. In determining best interest, the
504department shall consider availability of state-owned space and
505analyses of build-to-suit and acquisition opportunities. This
506paragraph does not apply to buildings or facilities of any size
507leased for the purpose of providing care and living space for
508persons.
509     (c)  The department may approve extensions of an existing
510lease of 2,000 5,000 square feet or more of space if such
511extensions are determined to be in the best interests of the
512state; however, but in no case shall the total of such
513extensions may not exceed 11 months. If at the end of the 11th
514month an agency still needs that space, it shall be procured by
515competitive bid in accordance with s. 255.249(10)(b)
516255.249(4)(b). However, an agency that determines that it is in
517its best interest to remain in the space it currently occupies
518may negotiate a replacement lease with the lessor if an
519independent comparative market analysis demonstrates that the
520rates offered are within market rates for the space and the cost
521of the new lease does not exceed the cost of a comparable lease
522plus documented moving costs. A present-value analysis and the
523consumer price index shall be used in the calculation of lease
524costs. The term of the replacement lease may not exceed the base
525term of the expiring lease.
526     (d)  Any person who files an action protesting a decision
527or intended decision pertaining to a competitive solicitation
528for space to be leased by the agency pursuant to s. 120.57(3)(b)
529shall post with the state agency at the time of filing the
530formal written protest a bond payable to the agency in an amount
531equal to 1 percent of the estimated total rental of the basic
532lease period or $5,000, whichever is greater, which bond is
533shall be conditioned on upon the payment of all costs that may
534be adjudged against him or her in the administrative hearing in
535which the action is brought and in any subsequent appellate
536court proceeding. If the agency prevails after completion of the
537administrative hearing process and any appellate court
538proceedings, it shall recover all costs and charges, which shall
539be included in the final order or judgment, excluding attorney
540attorney's fees. Upon payment of such costs and charges by the
541person protesting the award, the bond shall be returned to him
542or her. If the person protesting the award prevails, the bond
543shall be returned to that person and he or she shall recover
544from the agency all costs and charges, which must shall be
545included in the final order of judgment, excluding attorney
546attorney's fees.
547     (e)  The agency and the lessor, when entering into a lease
548for 2,000 5,000 or more square feet of a privately owned
549building, shall, before the effective date of the lease, agree
550upon and separately state the cost of tenant improvements which
551may qualify for reimbursement if the lease is terminated before
552the expiration of its base term. The department shall serve as
553mediator if the agency and the lessor are unable to agree. The
554amount agreed upon and stated shall, if appropriated, be
555amortized over the original base term of the lease on a
556straight-line basis.
557     (f)  The unamortized portion of tenant improvements, if
558appropriated, shall be paid in equal monthly installments over
559the remaining term of the lease. If any portion of the original
560leased premises is occupied after termination but during the
561original term by a tenant who that does not require material
562changes to the premises, the repayment of the cost of tenant
563improvements applicable to the occupied but unchanged portion
564shall be abated during occupancy. The portion of the repayment
565to be abated must shall be based on the ratio of leased space to
566unleased space.
567     (g)  Notwithstanding s. 287.056(1), a state agency shall
568may, at the sole discretion of the agency head or his or her
569designee, use the services of a tenant broker to assist with a
570lease action a competitive solicitation undertaken by the
571agency. If using In making its determination whether to use a
572tenant broker, a state agency shall consult with the department.
573A state agency may not use the services of a tenant broker
574unless the tenant broker is under a term contract with the state
575which complies with paragraph (h). If a state agency uses the
576services of a tenant broker with respect to a transaction, the
577agency may not enter into a lease with a any landlord for whom
578to which the tenant broker is providing brokerage services for
579that transaction.
580     (h)  The Department of Management Services may, Pursuant to
581s. 287.042(2)(a), the department shall procure a term contracts
582contract for tenant broker real estate consulting and brokerage
583services. A state agency may not purchase services from the
584contract unless the contract has been procured under s.
585287.057(1) after March 1, 2007, and contains the following
586provisions or requirements:
587     1.  Awarded tenant brokers must maintain an office or
588presence in the market served. In awarding the contract,
589preference must be given to brokers who that are licensed in
590this state under chapter 475 and who that have 3 or more years
591of experience in the market served. The contract may be made
592with up to three tenant brokers in order to serve the
593marketplace in the north, central, and south areas of the state.
594     2.  Each contracted tenant broker shall work under the
595direction, supervision, and authority of the state agency,
596subject to the rules governing lease procurements.
597     3.  The department shall provide training for the awarded
598tenant brokers concerning the rules governing the procurement of
599leases.
600     4.  Tenant brokers must comply with all applicable
601provisions of s. 475.278.
602     5.  Real estate consultants and tenant brokers shall be
603compensated by the state agency, subject to the provisions of
604the term contract, and such compensation is subject to
605appropriation by the Legislature. A real estate consultant or
606tenant broker may not receive compensation directly from a
607lessor for services that are rendered under the term contract.
608Moneys paid by a lessor to the state agency under a facility
609leasing arrangement are not subject to the charges imposed under
610s. 215.20. All terms relating to the compensation of the real
611estate consultant or tenant broker must shall be specified in
612the term contract and may not be supplemented or modified by the
613state agency using the contract.
614     6.  The department shall conduct periodic customer-
615satisfaction surveys.
616     7.  Each state agency shall report the following
617information to the department:
618     a.  The number of leases that adhere to the goal of the
619workspace-management initiative of 180 square feet per full-time
620employee FTE.
621     b.  The quality of space leased and the adequacy of tenant-
622improvement funds.
623     c.  The timeliness of lease procurement, measured from the
624date of the agency's request to the finalization of the lease.
625     d.  Whether cost-benefit analyses were performed before
626execution of the lease in order to ensure that the lease is in
627the best interest of the state.
628     e.  The lease costs compared to market rates for similar
629types and classifications of space according to the official
630classifications of the Building Owners and Managers Association.
631     (4)(a)  The department may shall not authorize any state
632agency to enter into a lease agreement for space in a privately
633owned building if when suitable space is available in a state-
634owned building located in the same geographic region, except
635upon presentation to the department of sufficient written
636justification, acceptable to the department, that a separate
637space is required in order to fulfill the statutory duties of
638the agency making the such request. The term "state-owned
639building" as used in this subsection means any state-owned
640facility regardless of use or control.
641     (b)  State agencies shall cooperate with local governmental
642units by using suitable, existing publicly owned facilities,
643subject to the provisions of ss. 255.2501, 255.2502, and
644255.2503. Agencies may use utilize unexpended funds appropriated
645for lease payments to:
646     1.  Pay their proportion of operating costs.
647     2.  Renovate applicable spaces.
648     (c)  Because the state has a substantial financial
649investment in state-owned buildings, it is legislative policy
650and intent that if when state-owned buildings meet the needs of
651state agencies, agencies must fully use such buildings before
652leasing privately owned buildings. By September 15, 2006, the
653department of Management Services shall create a 5-year plan for
654implementing this policy. The department shall update this plan
655annually, detailing proposed departmental actions to meet the
656plan's goals, and include shall furnish this plan annually as
657part of the master leasing report.
658     (5)  Before construction or renovation of any state-owned
659building or state-leased space is commenced, the department of
660Management Services shall ascertain, through the by submission
661of proposed plans to the Division of State Fire Marshal for
662review, that the proposed construction or renovation plan
663complies with the uniform firesafety standards required by the
664division of State Fire Marshal. The review of construction or
665renovation plans for state-leased space must shall be completed
666within 10 calendar days after of receipt of the plans by the
667division of State Fire Marshal. The review of construction or
668renovation plans for a state-owned building must shall be
669completed within 30 calendar days after of receipt of the plans
670by the division of State Fire Marshal. The responsibility for
671submission and retrieval of the plans may called for in this
672subsection shall not be imposed on the design architect or
673engineer, but is shall be the responsibility of the two
674agencies. If Whenever the Division of State Fire Marshal
675determines that a construction or renovation plan is not in
676compliance with such uniform firesafety standards, the division
677of State Fire Marshal may issue an order to cease all
678construction or renovation activities until compliance is
679obtained, except those activities required to achieve such
680compliance. The lessor shall provide the department with
681documentation that the facility meets all requirements of
682department of Management Services shall withhold approval of any
683proposed lease until the construction or renovation plan
684complies with the uniform firesafety standards of the Division
685of State Fire Marshal. The cost of all modifications or
686renovations made for the purpose of bringing leased property
687into compliance with the uniform firesafety standards shall be
688borne by the lessor.
689     (6)  Before construction or substantial improvement of any
690state-owned building is commenced, the department of Management
691Services must ascertain that the proposed construction or
692substantial improvement complies with the flood plain management
693criteria for mitigation of flood hazards, as prescribed in the
694October 1, 1986, rules and regulations of the Federal Emergency
695Management Agency, and the department shall monitor the project
696to assure compliance with the criteria. In accordance with
697chapter 120, The department of Management Services shall adopt
698any rules necessary for ensuring rules to ensure that all such
699proposed state construction and substantial improvement of state
700buildings in designated flood-prone areas complies with the
701flood plain management criteria. If Whenever the department
702determines that a construction or substantial improvement
703project is not in compliance with the established flood plain
704management criteria, the department may issue an order to cease
705all construction or improvement activities until compliance is
706obtained, except those activities required to achieve such
707compliance.
708     (7)  This section does not apply to any lease having a term
709of less than 120 consecutive days for the purpose of securing
710the one-time special use of the leased property, or for. This
711section does not apply to any lease for nominal or no
712consideration.
713     (8)  An agency may not enter into more than one lease for
714space in the same privately owned facility or complex within any
71512-month period except upon competitive solicitation.
716     (9)  Specialized educational facilities, excluding
717classrooms, are shall be exempt from the competitive bid
718requirements for leasing pursuant to this section if the
719executive head of a any state agency certifies in writing that
720the said facility is available from a single source and that the
721competitive bid requirements would be detrimental to the state.
722Such certification must shall include documentation of evidence
723of steps taken to determine sole-source status.
724     (10)  The department of Management Services may approve
725emergency acquisition of space without competitive bids if
726existing state-owned or state-leased space is destroyed or
727rendered uninhabitable by an act of God, fire, malicious
728destruction, or structural failure, or by legal action, if the
729chief administrator of the state agency or the chief
730administrator's designated representative certifies in writing
731that no other agency-controlled space is available to meet this
732emergency need; however, but in no case shall the lease for such
733space may not exceed 11 months. If the lessor elects not to
734replace or renovate the destroyed or uninhabitable facility, the
735agency shall procure the needed space by competitive bid in
736accordance with s. 255.249(10)(b) 255.249(4)(b). If the lessor
737elects to replace or renovate the destroyed or uninhabitable
738facility and the construction or renovations will not be
739complete at the end of the 11-month lease, the agency may modify
740the lease to extend it on a month-to-month basis for up to an
741additional 6 months to allow completion of such construction or
742renovations.
743     (11)  In any leasing of space which that is accomplished
744without competition, the individuals taking part in the
745development or selection of criteria for evaluation, in the
746evaluation, and in the award processes must shall attest in
747writing that they are independent of, and have no conflict of
748interest in, the entities evaluated and selected.
749     Section 5.  Paragraph (m) of subsection (3) of section
750110.171, Florida Statutes, is amended to read:
751     110.171  State employee telecommuting program.-
752     (3)  By September 30, 2009, each state agency shall
753identify and maintain a current listing of the job
754classifications and positions that the agency considers
755appropriate for telecommuting. Agencies that adopt a state
756employee telecommuting program must:
757     (m)  Provide measurable financial benefits associated with
758reduced office space requirements, reductions in energy
759consumption, and reductions in associated emissions of
760greenhouse gases resulting from telecommuting. State agencies
761operating in office space owned or managed by the department
762shall consult the facilities program to ensure its consistency
763with the strategic leasing plan required under s. 255.249(7)
764255.249(3)(b).
765     Section 6.  Paragraph (b) of subsection (15) of section
766985.682, Florida Statutes, is amended to read:
767     985.682  Siting of facilities; study; criteria.-
768     (15)
769     (b)  Notwithstanding ss. 255.25(1)(a) 255.25(1)(b) and
770255.25001(2), the department may enter into lease-purchase
771agreements to provide juvenile justice facilities for the
772housing of committed youths contingent upon available funds. The
773facilities provided through such agreements must shall meet the
774program plan and specifications of the department. The
775department may enter into such lease agreements with private
776corporations and other governmental entities. However,
777notwithstanding the provisions of s. 255.25(3)(a), a no such
778lease agreement may not be entered into except upon
779advertisement for the receipt of competitive bids and award to
780the lowest and best bidder except when contracting with other
781governmental entities.
782     Section 7.  This act shall take effect July 1, 2012.


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