Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1074
       
       
       
       
       
       
                                Barcode 846066                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 216.0152, Florida Statutes, is amended
    6  to read:
    7         216.0152 Inventory of state-owned facilities or state
    8  occupied facilities.—
    9         (1) The Department of Management Services shall develop and
   10  maintain an automated inventory of all facilities owned, leased,
   11  rented, or otherwise occupied or maintained by a state any
   12  agency of the state, the judicial branch, or the water
   13  management districts. The inventory data shall be provided
   14  annually by July 1 by the owning or operating agency in a format
   15  prescribed by the department and must shall include the
   16  location, occupying agency, ownership, size, condition
   17  assessment, valuations, operating costs, maintenance record,
   18  age, parking and employee facilities, building uses, full-time
   19  equivalent occupancy, known restrictions or historic
   20  designations, leases or subleases, associated revenues, and
   21  other information as required by in a rule adopted by the
   22  department. The department shall use this data for determining
   23  maintenance needs, conducting strategic analyses, including, but
   24  not limited to, analyzing and identifying candidates for
   25  surplus, valuation, and disposition, and life-cycle cost
   26  evaluations of the facility. Inventory data shall be provided to
   27  the department on or before July 1 of each year by the owning or
   28  operating agency in a format prescribed by the department. The
   29  inventory need not include a condition assessment or maintenance
   30  record of facilities not owned by a state agency, the judicial
   31  branch, or a water management district. The term “facility,” as
   32  used in this section, means buildings, structures, and building
   33  systems, but does not include transportation facilities of the
   34  state transportation system.
   35         (a) For reporting purposes, the Department of
   36  Transportation shall develop and maintain an inventory of the
   37  transportation facilities of the state transportation system.
   38  The Department of Transportation shall also identify and dispose
   39  of surplus property pursuant to ss. 337.25 and 339.04.
   40         (b) The Board of Governors of the State University System
   41  and the Department of Education, respectively, shall develop and
   42  maintain an inventory, in the manner prescribed by the
   43  Department of Management Services, of all state university and
   44  community college facilities and, by July 1 of each year,
   45  provide this inventory shall make the data available in a format
   46  acceptable to the Department of Management Services. By March
   47  15, 2011, the department shall adopt rules pursuant to ss.
   48  120.536 and 120.54 to administer this section.
   49         (2) For the purpose of assessing needed repairs and
   50  renovations of facilities, the Department of Management Services
   51  shall update its inventory with condition information for
   52  facilities of 3,000 square feet or more and cause to be updated
   53  the other inventories required by subsection (1) at least once
   54  every 5 years, but the inventories shall record acquisitions of
   55  new facilities and significant changes in existing facilities as
   56  they occur. The Department of Management Services shall provide
   57  each agency and the judicial branch with the most recent
   58  inventory applicable to that agency or to the judicial branch.
   59  Each agency and the judicial branch shall, in the manner
   60  prescribed by the Department of Management Services, report
   61  significant changes in the inventory as they occur. Items
   62  relating to the condition and life-cycle cost of a facility
   63  shall be updated at least every 5 years.
   64         (2)(3) The Department of Management Services and the
   65  Department of Environmental Protection shall, by October 1 of
   66  each year, every 3 years, publish a complete report detailing
   67  the this inventory of all state-owned facilities, including the
   68  inventories of the Board of Governors of the State University
   69  System, the Department of Education, and the Department of
   70  Transportation, excluding the transportation facilities of the
   71  state transportation system. The annual report of state-owned
   72  real property recommended for disposition required under s.
   73  216.0153 must be included in this report and shall publish an
   74  annual update of the report. The department shall furnish the
   75  updated report to the Executive Office of the Governor and the
   76  Legislature no later than September 15 of each year.
   77         (3) An entity that is required to submit a report under
   78  this section must also submit an inventory of all underused
   79  property it owns, leases, rents, or otherwise occupies or
   80  maintains to the Department of Management Services pursuant to
   81  s. 255.46.
   82         (4) The Department of Management Services shall adopt rules
   83  to administer this section.
   84         Section 2. Paragraph (b) of subsection (3) of section
   85  216.043, Florida Statutes, is amended to read:
   86         216.043 Budgets for fixed capital outlay.—
   87         (3) Each legislative budget request for fixed capital
   88  outlay submitted shall contain:
   89         (b) A full explanation of the basis for each project,
   90  including a description of the program which requires the
   91  facility; an explanation of the inability of existing
   92  facilities, or underused property as identified in s. 255.46, to
   93  meet such requirements; historical background; alternatives; and
   94  anticipated changes in operating costs, both initial and
   95  continuing.
   96         Section 3. Subsection (8) of section 253.031, Florida
   97  Statutes, is amended to read:
   98         253.031 Land office; custody of documents concerning land;
   99  moneys; plats.—
  100         (8) The board shall keep a suitable seal of office. An
  101  impression of this seal shall be made upon the deeds conveying
  102  lands sold by the state, by the Board of Education, and by the
  103  Board of Trustees of the Internal Improvement Trust Fund of this
  104  state; and all such deeds shall be personally signed by the
  105  officers or trustees or their agents as authorized under s.
  106  253.431, making the same and impressed with the said seal and
  107  are shall be operative and valid without witnesses to the
  108  execution thereof; and the impression of such seal on any such
  109  deeds entitles shall entitle the same to record and to be
  110  received in evidence in all courts.
  111         Section 4. Subsections (6) and (15) of section 253.034,
  112  Florida Statutes, are amended to read:
  113         253.034 State-owned lands; uses.—
  114         (6) The Board of Trustees of the Internal Improvement Trust
  115  Fund shall determine which lands, the title to which is vested
  116  in the board, may be surplused. For conservation lands, the
  117  board shall determine whether make a determination that the
  118  lands are no longer needed for conservation purposes and may
  119  dispose of them by an affirmative vote of at least three
  120  members. In the case of a land exchange involving the
  121  disposition of conservation lands, the board must determine by
  122  an affirmative vote of at least three members that the exchange
  123  will result in a net positive conservation benefit. For all
  124  other lands, the board shall determine whether make a
  125  determination that the lands are no longer needed and may
  126  dispose of them by an affirmative vote of at least three
  127  members.
  128         (a) For the purposes of this subsection, all lands acquired
  129  by the state before prior to July 1, 1999, using proceeds from
  130  the Preservation 2000 bonds, the Conservation and Recreation
  131  Lands Trust Fund, the Water Management Lands Trust Fund,
  132  Environmentally Endangered Lands Program, and the Save Our Coast
  133  Program and titled to the board, which lands are identified as
  134  core parcels or within original project boundaries are, shall be
  135  deemed to have been acquired for conservation purposes.
  136         (b) For any lands purchased by the state on or after July
  137  1, 1999, before a determination shall be made by the board prior
  138  to acquisition, the board must determine which as to those
  139  parcels must that shall be designated as having been acquired
  140  for conservation purposes. No Lands acquired for use by the
  141  Department of Corrections, the Department of Management Services
  142  for use as state offices, the Department of Transportation,
  143  except those specifically managed for conservation or recreation
  144  purposes, or the State University System or the Florida
  145  Community College System may not shall be designated as having
  146  been purchased for conservation purposes.
  147         (c) At least every 10 years, as a component of each land
  148  management plan or land use plan and in a form and manner
  149  prescribed by rule by the board, each manager shall evaluate and
  150  indicate to the board those lands that are not being used for
  151  the purpose for which they were originally leased. For
  152  conservation lands, the council shall review and shall recommend
  153  to the board whether such lands should be retained in public
  154  ownership or disposed of by the board. For nonconservation
  155  lands, the division shall review such lands and shall recommend
  156  to the board whether such lands should be retained in public
  157  ownership or disposed of by the board.
  158         (d) Lands owned by the board which are not actively managed
  159  by any state agency or for which a land management plan has not
  160  been completed pursuant to subsection (5) must shall be reviewed
  161  by the council or its successor for its recommendation as to
  162  whether such lands should be disposed of by the board.
  163         (e) Before Prior to any decision by the board to surplus
  164  lands, the Acquisition and Restoration Council shall review and
  165  make recommendations to the board concerning the request for
  166  surplusing. The council shall determine whether the request for
  167  surplusing is compatible with the resource values of and
  168  management objectives for such lands.
  169         (f) In reviewing lands owned by the board, the council
  170  shall consider whether such lands would be more appropriately
  171  owned or managed by the county or other unit of local government
  172  in which the land is located. The council shall recommend to the
  173  board whether a sale, lease, or other conveyance to a local
  174  government would be in the best interests of the state and local
  175  government. The provisions of this paragraph in no way limit the
  176  provisions of ss. 253.111 and 253.115. Such lands shall be
  177  offered to the state, county, or local government for a period
  178  of 45 days. Permittable uses for such surplus lands may include
  179  public schools; public libraries; fire or law enforcement
  180  substations; governmental, judicial, or recreational centers;
  181  and affordable housing meeting the criteria of s. 420.0004(3).
  182  County or local government requests for surplus lands shall be
  183  expedited throughout the surplusing process. If the county or
  184  local government does not elect to purchase such lands in
  185  accordance with s. 253.111, then any surplusing determination
  186  involving other governmental agencies shall be made when upon
  187  the board decides deciding the best public use of the lands.
  188  Surplus properties in which governmental agencies have expressed
  189  no interest must shall then be available for sale on the private
  190  market.
  191         (g)1. The sale price of lands determined to be surplus
  192  pursuant to this subsection and s. 253.82 shall be determined by
  193  the division, which shall consider and shall take into
  194  consideration an appraisal of the property, or, if when the
  195  estimated value of the land is $500,000 or less than $100,000, a
  196  comparable sales analysis or a broker’s opinion of value. If the
  197  appraisal referenced in this paragraph yields a value equal to
  198  or greater than $1 million, The division, in its sole
  199  discretion, may require a second appraisal. The individual or
  200  entity that requests requesting to purchase the surplus parcel
  201  shall pay all appraisal costs associated with determining the
  202  property’s value, if any.
  203         1.2.a. A written valuation of land determined to be surplus
  204  pursuant to this subsection and s. 253.82, and related documents
  205  used to form the valuation or which pertain to the valuation,
  206  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  207  I of the State Constitution.
  208         a.b. The exemption expires 2 weeks before the contract or
  209  agreement regarding the purchase, exchange, or disposal of the
  210  surplus land is first considered for approval by the board.
  211         b.c.Before Prior to expiration of the exemption, the
  212  division may disclose confidential and exempt appraisals,
  213  valuations, or valuation information regarding surplus land:
  214         (I) During negotiations for the sale or exchange of the
  215  land.
  216         (II) During the marketing effort or bidding process
  217  associated with the sale, disposal, or exchange of the land to
  218  facilitate closure of such effort or process.
  219         (III) When the passage of time has made the conclusions of
  220  value invalid.
  221         (IV) When negotiations or marketing efforts concerning the
  222  land are concluded.
  223         2.3. A unit of government that acquires title to lands
  224  hereunder for less than appraised value may not sell or transfer
  225  title to all or any portion of the lands to any private owner
  226  for a period of 10 years. Any unit of government seeking to
  227  transfer or sell lands pursuant to this paragraph must shall
  228  first allow the board of trustees to reacquire such lands for
  229  the price at which the board sold such lands.
  230         (h) Parcels with an estimated value over $500,000 must be
  231  initially offered for sale by competitive bid. The division may
  232  use agents, as authorized by s. 253.431, for this process. Any
  233  parcels unsuccessfully offered for sale by competitive bid, and
  234  parcels with a estimated value of $500,000 or less, may be sold
  235  by any reasonable means, including procuring real estate
  236  services, open or exclusive listings, competitive bid, auction,
  237  negotiated direct sales, or other appropriate services, to
  238  facilitate the sale.
  239         (i)(h) After reviewing the recommendations of the council,
  240  the board shall determine whether lands identified for surplus
  241  are to be held for other public purposes or whether such lands
  242  are no longer needed. The board may require an agency to release
  243  its interest in such lands. A state For an agency, county, or
  244  local government that has requested the use of a property that
  245  was to be declared as surplus, said agency must secure have the
  246  property under lease within 90 days after being notified that it
  247  may use such property 6 months of the date of expiration of the
  248  notice provisions required under this subsection and s. 253.111.
  249         (j)(i) Requests for surplusing may be made by any public or
  250  private entity or person. All requests shall be submitted to the
  251  lead managing agency for review and recommendation to the
  252  council or its successor. Lead managing agencies shall have 90
  253  days to review such requests and make recommendations. Any
  254  surplusing requests that have not been acted upon within the 90
  255  day time period shall be immediately scheduled for hearing at
  256  the next regularly scheduled meeting of the council or its
  257  successor. Requests for surplusing pursuant to this paragraph
  258  are shall not be required to be offered to local or state
  259  governments as provided in paragraph (f).
  260         (k)(j) Proceeds from any sale of surplus lands pursuant to
  261  this subsection shall be deposited into the fund from which such
  262  lands were acquired. However, if the fund from which the lands
  263  were originally acquired no longer exists, such proceeds shall
  264  be deposited into an appropriate account to be used for land
  265  management by the lead managing agency assigned the lands before
  266  prior to the lands were being declared surplus. Funds received
  267  from the sale of surplus nonconservation lands, or lands that
  268  were acquired by gift, by donation, or for no consideration,
  269  shall be deposited into the Internal Improvement Trust Fund.
  270         (l)(k) Notwithstanding the provisions of this subsection,
  271  no such disposition of land may not shall be made if it such
  272  disposition would have the effect of causing all or any portion
  273  of the interest on any revenue bonds issued to lose the
  274  exclusion from gross income for federal income tax purposes.
  275         (m)(l) The sale of filled, formerly submerged land that
  276  does not exceed 5 acres in area is not subject to review by the
  277  council or its successor.
  278         (n)(m) The board may adopt rules to administer implement
  279  the provisions of this section, which may include procedures for
  280  administering surplus land requests and criteria for when the
  281  division may approve requests to surplus nonconservation lands
  282  on behalf of the board.
  283         (15) Before a building or parcel of land is offered for
  284  lease, sublease, or sale to a local or federal unit of
  285  government or a private party, it must shall first be offered
  286  for lease to state agencies, state universities, and Florida
  287  College System institutions community colleges, with priority
  288  consideration given to state universities and Florida College
  289  System institutions community colleges.
  290         (a) Within 60 days after the offer for lease of a surplus
  291  building or parcel:
  292         1. A state university or Florida College System institution
  293  that requests the lease community college must submit a plan for
  294  review and approval by the Board of Trustees of the Internal
  295  Improvement Trust Fund regarding the intended use, including
  296  future use, of the building or parcel of land before approval of
  297  a lease.
  298         2. A state agency that requests the lease of a surplus
  299  building or parcel must submit a plan for review and approval by
  300  the board of trustees regarding the intended use. The state
  301  agency plan must, at a minimum, include the proposed use of the
  302  facility or parcel, the estimated cost of renovation, a capital
  303  improvement plan for the building, and evidence that the
  304  building or parcel meets an existing need that cannot be
  305  otherwise met, and other criteria developed by rule by the board
  306  of trustees.
  307  
  308  The board of trustees or its designee shall compare the
  309  estimated value of the building or parcel to any submitted plan
  310  to determine if the lease or sale is in the best interest of the
  311  state.
  312         (b) The board of trustees shall adopt rules to administer
  313  this subsection.
  314         Section 5. Section 255.248, Florida Statutes, is amended to
  315  read:
  316         255.248 Definitions; ss. 255.249 and 255.25.—As used in
  317  this section and ss. 255.249-255.25 255.249 and 255.25, the
  318  term:
  319         (1) “Best leasing value” means the highest overall value to
  320  the state based on objective factors that include, but are not
  321  limited to, rental rate, renewal rate, operational and
  322  maintenance costs, tenant-improvement allowance, location, lease
  323  term, condition of facility, landlord responsibility, amenities,
  324  and parking.
  325         (2) “Competitive solicitation” means an invitation to bid,
  326  a request for proposals, or an invitation to negotiate.
  327         (3) “Department” means the Department of Management
  328  Services.
  329         (4) “Managing agency” means an agency that serves as the
  330  title entity or that leases property from the Board of Trustees
  331  of the Internal Improvement Trust Fund for the operation and
  332  maintenance of a state-owned office building.
  333         (5)(4) “Privately owned building” means any building not
  334  owned by a governmental agency.
  335         (6)(5) “Responsible lessor” means a lessor that who has the
  336  capability in all respects to fully perform the contract
  337  requirements and the integrity and reliability that will assure
  338  good faith performance.
  339         (7)(6) “Responsive bid,” “responsive proposal,” or
  340  “responsive reply” means a bid or proposal, or reply submitted
  341  by a responsive and responsible lessor, which conforms in all
  342  material respects to the solicitation.
  343         (8)(7) “Responsive lessor” means a lessor that has
  344  submitted a bid, proposal, or reply that conforms in all
  345  material respects to the solicitation.
  346         (9)(8) “State-owned office building” means any building
  347  whose title to which is vested in the state and which is used by
  348  one or more executive agencies predominantly for administrative
  349  direction and support functions. The This term excludes:
  350         (a) District or area offices established for field
  351  operations where law enforcement, military, inspections, road
  352  operations, or tourist welcoming functions are performed.
  353         (b) All educational facilities and institutions under the
  354  supervision of the Department of Education.
  355         (c) All custodial facilities and institutions used
  356  primarily for the care, custody, or treatment of wards of the
  357  state.
  358         (d) Buildings or spaces used for legislative activities.
  359         (e) Buildings purchased or constructed from agricultural or
  360  citrus trust funds.
  361         (10) “Tenant broker” means a private real estate broker or
  362  brokerage firm licensed to do business in this state and under
  363  contract with the department to provide real estate transaction,
  364  portfolio management, and strategic planning services for state
  365  agencies.
  366         Section 6. Section 255.249, Florida Statutes, is amended to
  367  read:
  368         255.249 Department of Management Services; responsibility;
  369  department rules.—
  370         (1) The department shall have responsibility and authority
  371  for the operation, custodial care, and preventive maintenance,
  372  repair, alteration, modification, and allocation of space for of
  373  all buildings in the Florida Facilities Pool and adjacent the
  374  grounds located adjacent thereto.
  375         (2) A state agency may not lease space in a private
  376  building that is to be constructed for state use without first
  377  obtaining prior approval of the architectural design and
  378  preliminary construction from the department.
  379         (3)(2) The department shall require a any state agency
  380  planning to terminate a lease for the purpose of occupying space
  381  in a new state-owned office building, the funds for which are
  382  appropriated after June 30, 2000, to state why the proposed
  383  relocation is in the best interest of the state.
  384         (4)(3)(a)An agency that intends to terminate a lease of
  385  privately owned space before the expiration of its base term,
  386  must notify the department 90 days before the termination. The
  387  department shall, to the extent feasible, coordinate the
  388  vacation of privately owned leased space with the expiration of
  389  the lease on that space and, when a lease is terminated before
  390  expiration of its base term, will make a reasonable effort to
  391  place another state agency in the space vacated. A Any state
  392  agency may lease the space in any building that was subject to a
  393  lease terminated by a state agency for a period of time equal to
  394  the remainder of the base term without the requirement of
  395  competitive solicitation.
  396         (5) The department may direct a state agency to occupy, or
  397  relocate to, space in any state-owned office building, including
  398  all state-owned space identified in the Florida State-Owned
  399  Lands and Records Information System managed by the Department
  400  of Environmental Protection. The Department of Legal Affairs,
  401  the Department of Agriculture and Consumer Services, and the
  402  Department of Financial Services are exempted from this
  403  subsection; however, the exempted departments may elect to
  404  comply with this subsection in whole or in part.
  405         (6)(b) The department shall develop and implement a
  406  strategic leasing plan. The strategic leasing plan must shall
  407  forecast space needs for all state agencies and identify
  408  opportunities for reducing costs through consolidation,
  409  relocation, reconfiguration, capital investment, and the
  410  renovation, building, or acquisition of state-owned space.
  411         (7)(c) The department shall annually publish a master
  412  leasing report that includes the strategic leasing plan created
  413  under subsection (6). The department shall annually submit
  414  furnish the master leasing report to the Executive Office of the
  415  Governor and the Legislature by October 1. The report must
  416  provide September 15 of each year which provides the following
  417  information:
  418         (a)1. A list, by agency and by geographic market, of all
  419  leases that are due to expire within 24 months.
  420         (b)2. Details of each lease, including location, size, cost
  421  per leased square foot, lease-expiration date, and a
  422  determination of whether sufficient state-owned office space
  423  will be available at the expiration of the lease to accommodate
  424  affected employees.
  425         (c)3. A list of amendments and supplements to and waivers
  426  of terms and conditions in lease agreements that have been
  427  approved pursuant to s. 255.25(2)(a) during the previous 12
  428  months and an associated comprehensive analysis, including
  429  financial implications, showing that any amendment, supplement,
  430  or waiver is in the state’s long-term best interest.
  431         (d)4. Financial impacts to the Florida Facilities Pool
  432  rental rate due to the sale, removal, acquisition, or
  433  construction of pool facilities.
  434         (e)5. Changes in occupancy rate, maintenance costs, and
  435  efficiency costs of leases in the state portfolio. Changes to
  436  occupancy costs in leased space by market and changes to space
  437  consumption by agency and by market.
  438         (f)6. An analysis of portfolio supply and demand.
  439         (g)7. Cost-benefit analyses of acquisition, build, and
  440  consolidation opportunities, recommendations for strategic
  441  consolidation, and strategic recommendations for disposition,
  442  acquisition, and building.
  443         (h) Recommendations for using capital improvement funds to
  444  implement the consolidation of state agencies into state-owned
  445  office buildings.
  446         (i)8. The updated plan required by s. 255.25(4)(c).
  447         (8)(d)Annually, by June 30: of each year,
  448         (a) Each state agency shall annually provide to the
  449  department all information regarding agency programs affecting
  450  the need for or use of space by that agency, reviews of lease
  451  expiration schedules for each geographic area, active and
  452  planned full-time equivalent data, business case analyses
  453  related to consolidation plans by an agency, a telework program
  454  under s. 110.171, and current occupancy and relocation costs,
  455  inclusive of furnishings, fixtures and equipment, data, and
  456  communications. State agencies may use the services of a tenant
  457  broker in preparing this information.
  458         (b) The title entity or managing agency shall report to the
  459  department any vacant or underused space for all state-owned
  460  office buildings and any restrictions that apply to any other
  461  agency occupying the vacant or underused space. The title entity
  462  or managing agency shall also notify the department of any
  463  significant changes to its occupancy for the coming fiscal year.
  464  The Department of Legal Affairs, the Department of Agriculture
  465  and Consumer Services, and the Department of Financial Services
  466  are exempted from this subsection; however, the exempted
  467  departments may elect to comply with this subsection in whole or
  468  in part.
  469         (9)(4) The department shall adopt rules pursuant to chapter
  470  120 providing:
  471         (a) Methods for accomplishing the duties outlined in
  472  subsection (1).
  473         (b) Procedures for soliciting and accepting competitive
  474  solicitations for leased space of 5,000 square feet or more in
  475  privately owned buildings, for evaluating the proposals
  476  received, for exemption from competitive solicitations
  477  requirements of any lease for the purpose of which is the
  478  provision of care and living space for persons or emergency
  479  space needs as provided in s. 255.25(10), and for the securing
  480  of at least three documented quotes for a lease that is not
  481  required to be competitively solicited.
  482         (c) A standard method for determining square footage or any
  483  other measurement used as the basis for lease payments or other
  484  charges.
  485         (d) Methods of allocating space in both state-owned office
  486  buildings and privately owned buildings leased by the state
  487  based on use, personnel, and office equipment.
  488         (e)1. Acceptable terms and conditions for inclusion in
  489  lease agreements.
  490         2.At a minimum, such terms and conditions must shall
  491  include, at a minimum, the following clauses, which may not be
  492  amended, supplemented, or waived:
  493         1.a. As provided in s. 255.2502, “The State of Florida’s
  494  performance and obligation to pay under this contract is
  495  contingent upon an annual appropriation by the Legislature.”
  496         2.b. “The lessee has shall have the right to terminate this
  497  lease, without penalty, if this lease in the event a state-owned
  498  building becomes available to the lessee for occupancy and the
  499  lessee has given upon giving 6 months’ advance written notice to
  500  the lessor by certified mail, return receipt requested.”
  501         (f) Maximum rental rates, by geographic areas or by county,
  502  for leasing privately owned space.
  503         (f)(g) A standard method for the assessment of rent to
  504  state agencies and other authorized occupants of state-owned
  505  office space, notwithstanding the source of funds.
  506         (g)(h) For full disclosure of the names and the extent of
  507  interest of the owners holding a 4-percent or more interest in
  508  any privately owned property leased to the state or in the
  509  entity holding title to the property, for exemption from such
  510  disclosure of any beneficial interest that which is represented
  511  by stock in a any corporation registered with the Securities and
  512  Exchange Commission or registered pursuant to chapter 517, which
  513  stock is for sale to the general public, and for exemption from
  514  such disclosure of any leasehold interest in property located
  515  outside the territorial boundaries of the United States.
  516         (h)(i) For full disclosure of the names of all public
  517  officials, agents, or employees holding any interest in any
  518  privately owned property leased to the state or in the entity
  519  holding title to the property, and the nature and extent of
  520  their interest, for exemption from such disclosure of any
  521  beneficial interest that which is represented by stock in any
  522  corporation registered with the Securities and Exchange
  523  Commission or registered pursuant to chapter 517, which stock is
  524  for sale to the general public, and for exemption from such
  525  disclosure of any leasehold interest in property located outside
  526  the territorial boundaries of the United States.
  527         (i)(j) A method for reporting leases for nominal or no
  528  consideration.
  529         (j)(k) For a lease of less than 5,000 square feet, a method
  530  for certification by the agency head or the agency head’s
  531  designated representative that all criteria for leasing have
  532  been fully complied with and for the filing of a copy of such
  533  lease and all supporting documents with the department for its
  534  review and approval as to technical sufficiency and whether it
  535  is in the best interests of the state.
  536         (k)(l) A standardized format for state agency reporting of
  537  the information required by paragraph (8)(a) (3)(d).
  538         (10)(5) The department shall prepare a form listing all
  539  conditions and requirements adopted pursuant to this chapter
  540  which must be met by any state agency leasing any building or
  541  part thereof. Before executing any lease, this form must shall
  542  be certified by the agency head or the agency head’s designated
  543  representative and submitted to the department.
  544         (11)(6) The department may contract for real estate
  545  consulting or tenant brokerage services in order to carry out
  546  its duties relating to the strategic leasing plan under
  547  subsection (6). The contract must shall be procured pursuant to
  548  s. 287.057. The vendor vendor that is awarded the contract shall
  549  be compensated by the department, subject to the provisions of
  550  the contract, and such compensation is subject to appropriation
  551  by the Legislature. A The real estate consultant or tenant
  552  broker may not receive compensation directly from a lessor for
  553  services that are rendered pursuant to the contract. Moneys paid
  554  by a lessor to the department under a facility-leasing
  555  arrangement are not subject to the charges imposed under s.
  556  215.20.
  557         Section 7. Section 255.25, Florida Statutes, is amended to
  558  read:
  559         255.25 Approval required before prior to construction or
  560  lease of buildings.—
  561         (1)(a) A state agency may not lease space in a private
  562  building that is to be constructed for state use unless prior
  563  approval of the architectural design and preliminary
  564  construction plans is first obtained from the department.
  565         (b) During the term of existing leases, each agency shall
  566  consult with the department regarding opportunities for
  567  consolidation, use of state-owned space, build-to-suit space,
  568  and potential acquisitions; shall monitor market conditions; and
  569  shall initiate a competitive solicitation or, if appropriate,
  570  lease-renewal negotiations for each lease held in the private
  571  sector to effect the best overall lease terms reasonably
  572  available to that agency.
  573         (a) Amendments to leases may be permitted to modify any
  574  lease provisions or any other terms or conditions unless, except
  575  to the extent specifically prohibited under by this chapter.
  576         (b) The department shall serve as a mediator in lease
  577  renewal negotiations if the agency and the lessor are unable to
  578  reach a compromise within 6 months after renegotiation and if
  579  either the agency or lessor requests intervention by the
  580  department.
  581         (c) If When specifically authorized by the General
  582  Appropriations Act, and in accordance with s. 255.2501, if
  583  applicable, the department may approve a lease-purchase, sale
  584  leaseback, or tax-exempt leveraged lease contract or other
  585  financing technique for the acquisition, renovation, or
  586  construction of a state fixed capital outlay project if when it
  587  is in the best interest of the state.
  588         (2)(a) Except as provided in ss. 255.249 and s. 255.2501, a
  589  state agency may not lease a building or any part thereof unless
  590  prior approval of the lease conditions and of the need for the
  591  lease therefor is first obtained from the department. An Any
  592  approved lease may include an option to purchase or an option to
  593  renew the lease, or both, upon such terms and conditions as are
  594  established by the department, subject to final approval by the
  595  head of the department of Management Services and s. 255.2502.
  596         (a)(b) For the lease of less than 5,000 square feet of
  597  space, including space leased for nominal or no consideration, a
  598  state agency must notify the department at least 90 30 days
  599  before the execution of the lease. The department shall review
  600  the lease and determine whether suitable space is available in a
  601  state-owned or state-leased building located in the same
  602  geographic region. If the department determines that space is
  603  not available, the department shall determine whether the state
  604  agency lease is in the best interests of the state. If the
  605  department determines that the execution of the lease is not in
  606  the best interests of the state, the department shall notify the
  607  agency proposing the lease, the Governor, the President of the
  608  Senate, and the Speaker of the House of Representatives and the
  609  presiding officers of each house of the Legislature of such
  610  finding in writing. A lease that is for a term extending beyond
  611  the end of a fiscal year is subject to the provisions of ss.
  612  216.311, 255.2502, and 255.2503.
  613         (b)(c) The department shall adopt as a rule uniform leasing
  614  procedures by rule for use by each state agency other than the
  615  Department of Transportation. Each state agency shall ensure
  616  that the leasing practices of that agency are in substantial
  617  compliance with the uniform leasing rules adopted under this
  618  section and ss. 255.249, 255.2502, and 255.2503.
  619         (c)(d) Notwithstanding paragraph (a) and except as provided
  620  in ss. 255.249 and 255.2501, a state agency may not lease a
  621  building or any part thereof unless prior approval of the lease
  622  terms and conditions and of the need therefor is first obtained
  623  from the department. The department may not approve any term or
  624  condition in a lease agreement which has been amended,
  625  supplemented, or waived unless a comprehensive analysis,
  626  including financial implications, demonstrates that such
  627  amendment, supplement, or waiver is in the state’s long-term
  628  best interest. An Any approved lease may include an option to
  629  purchase or an option to renew the lease, or both, upon such
  630  terms and conditions as are established by the department,
  631  subject to final approval by the head of the department, of
  632  Management Services and the provisions of s. 255.2502.
  633         (3)(a) Except as provided in subsection (10), a state
  634  agency may not enter into a lease as lessee for the use of 5,000
  635  square feet or more of space in a privately owned building
  636  except upon advertisement for and receipt of competitive
  637  solicitations.
  638         1.a. An invitation to bid must shall be made available
  639  simultaneously to all lessors and must include a detailed
  640  description of the space sought; the time and date for the
  641  receipt of bids and of the public opening; and all contractual
  642  terms and conditions applicable to the procurement, including
  643  the criteria to be used in determining the acceptability of the
  644  bid. If the agency contemplates renewing renewal of the
  645  contract, that fact must be stated in the invitation to bid. The
  646  bid must include the price for each year for which the contract
  647  may be renewed. Evaluation of bids must shall include
  648  consideration of the total cost for each year as submitted by
  649  the lessor. Criteria that were not set forth in the invitation
  650  to bid may not be used in determining the acceptability of the
  651  bid.
  652         b. The contract shall be awarded with reasonable promptness
  653  by written notice to the responsible and responsive lessor that
  654  submits the lowest responsive bid. The contract file must
  655  contain a written determination that the bid meets This bid must
  656  be determined in writing to meet the requirements and criteria
  657  set forth in the invitation to bid.
  658         2.a. If an agency determines in writing that the use of an
  659  invitation to bid is not practicable, leased space shall be
  660  procured by competitive sealed proposals. A request for
  661  proposals shall be made available simultaneously to all lessors
  662  and must include a statement of the space sought; the time and
  663  date for the receipt of proposals and of the public opening; and
  664  all contractual terms and conditions applicable to the
  665  procurement, including the criteria, which must include, but
  666  need not be limited to, price, to be used in determining the
  667  acceptability of the proposal. The relative importance of price
  668  and other evaluation criteria must shall be indicated. If the
  669  agency contemplates renewing renewal of the contract, that fact
  670  must be stated in the request for proposals. The proposal must
  671  include the price for each year for which the contract may be
  672  renewed. Evaluation of proposals must shall include
  673  consideration of the total cost for each year as submitted by
  674  the lessor.
  675         b. The contract shall be awarded to the responsible and
  676  responsive lessor whose proposal is determined in writing to be
  677  the most advantageous to the state, taking into consideration
  678  the price and the other criteria set forth in the request for
  679  proposals. The contract file must contain documentation
  680  supporting the basis on which the award is made.
  681         3.a. If the agency determines in writing that the use of an
  682  invitation to bid or a request for proposals will not result in
  683  the best leasing value to the state, the agency may procure
  684  leased space by competitive sealed replies. The agency’s written
  685  determination must specify reasons that explain why negotiation
  686  may be necessary in order for the state to achieve the best
  687  leasing value and must be approved in writing by the agency head
  688  or his or her designee before prior to the advertisement of an
  689  invitation to negotiate. Cost savings related to the agency
  690  procurement process are not sufficient justification for using
  691  an invitation to negotiate. An invitation to negotiate shall be
  692  made available to all lessors simultaneously and must include a
  693  statement of the space sought; the time and date for the receipt
  694  of replies and of the public opening; and all terms and
  695  conditions applicable to the procurement, including the criteria
  696  to be used in determining the acceptability of the reply. If the
  697  agency contemplates renewing renewal of the contract, that fact
  698  must be stated in the invitation to negotiate. The reply must
  699  include the price for each year for which the contract may be
  700  renewed.
  701         b. The agency shall evaluate and rank responsive replies
  702  against all evaluation criteria set forth in the invitation to
  703  negotiate and shall select, based on the ranking, one or more
  704  lessors with which to commence negotiations. After negotiations
  705  are conducted, the agency shall award the contract to the
  706  responsible and responsive lessor that the agency determines
  707  will provide the best leasing value to the state. The contract
  708  file must contain a short, plain statement that explains the
  709  basis for lessor selection and sets forth the lessor’s
  710  deliverables and price pursuant to the contract, and an
  711  explanation of how these deliverables and price provide the best
  712  leasing value to the state.
  713         (b) The department of Management Services shall have the
  714  authority to approve a lease for 5,000 square feet or more of
  715  space which that covers more than 12 consecutive months 1 fiscal
  716  year, subject to the provisions of ss. 216.311, 255.2501,
  717  255.2502, and 255.2503, if such lease is, in the judgment of the
  718  department, in the best interests of the state. In determining
  719  best interest, the department shall consider availability of
  720  state-owned space and analyses of build-to-suit and acquisition
  721  opportunities. This paragraph does not apply to buildings or
  722  facilities of any size leased for the purpose of providing care
  723  and living space to individuals for persons.
  724         (c) The department may approve extensions of an existing
  725  lease of 5,000 square feet or more of space if such extensions
  726  are determined to be in the best interests of the state;
  727  however, but in no case shall the total of such extensions may
  728  not exceed 11 months. If at the end of the 11th month an agency
  729  still needs that space, it must shall be procured by competitive
  730  bid in accordance with s. 255.249(9)(b) 255.249(4)(b). However:,
  731         1. If the Department of Agriculture and Consumer Services,
  732  the Department of Financial Services, or the Department of Legal
  733  Affairs an agency that determines that it is in its best
  734  interest to remain in the space it currently occupies, it may
  735  negotiate a replacement lease with the lessor if an independent
  736  comparative market analysis demonstrates that the rates offered
  737  are within market rates for the space and the cost of the new
  738  lease does not exceed the cost of a comparable lease plus
  739  documented moving costs. A present-value analysis and the
  740  consumer price index shall be used in the calculation of lease
  741  costs. The term of the replacement lease may not exceed the base
  742  term of the expiring lease.
  743         2. For those agencies for which the department may approve
  744  lease actions, the department may approve a replacement lease
  745  with a lessor for an agency to remain in the space it currently
  746  occupies if, in the judgment of the department, such lease is in
  747  the best interests of the state. In determining best interest,
  748  the department shall consider the availability of state-owned
  749  space and an analyses of build-to-suit and acquisition
  750  opportunities. The term of the replacement lease may not exceed
  751  the base term of the expiring lease.
  752         (d) Any person who files an action protesting a decision or
  753  intended decision pertaining to a competitive solicitation for
  754  space to be leased by the agency pursuant to s. 120.57(3)(b)
  755  shall post with the state agency at the time of filing the
  756  formal written protest a bond payable to the agency in an amount
  757  equal to 1 percent of the estimated total rental of the basic
  758  lease period or $5,000, whichever is greater, which bond is
  759  shall be conditioned on upon the payment of all costs that may
  760  be adjudged against him or her in the administrative hearing in
  761  which the action is brought and in any subsequent appellate
  762  court proceeding. If the agency prevails after completion of the
  763  administrative hearing process and any appellate court
  764  proceedings, it shall recover all costs and charges, which must
  765  shall be included in the final order or judgment, excluding
  766  attorney attorney’s fees. Upon payment of such costs and charges
  767  by the person protesting the award, the bond shall be returned
  768  to him or her. If the person protesting the award prevails, the
  769  bond shall be returned to that person and he or she shall
  770  recover from the agency all costs and charges, which must shall
  771  be included in the final order of judgment, excluding attorney
  772  attorney’s fees.
  773         (e) The agency and the lessor, when entering into a lease
  774  for 5,000 or more square feet of a privately owned building,
  775  shall, before the effective date of the lease, agree upon and
  776  separately state the cost of tenant improvements which may
  777  qualify for reimbursement if the lease is terminated before the
  778  expiration of its base term. The department shall serve as
  779  mediator if the agency and the lessor are unable to agree. The
  780  amount agreed upon and stated shall, if appropriated, be
  781  amortized over the original base term of the lease on a
  782  straight-line basis.
  783         (f) The unamortized portion of tenant improvements, if
  784  appropriated, shall be paid in equal monthly installments over
  785  the remaining term of the lease. If any portion of the original
  786  leased premises is occupied after termination but during the
  787  original term by a tenant who that does not require material
  788  changes to the premises, the repayment of the cost of tenant
  789  improvements applicable to the occupied but unchanged portion
  790  shall be abated during occupancy. The portion of the repayment
  791  to be abated must shall be based on the ratio of leased space to
  792  unleased space.
  793         (g) Notwithstanding s. 287.056(1), a state agency may, at
  794  the sole discretion of the agency head or his or her designee,
  795  use the services of a tenant broker to assist with a competitive
  796  solicitation undertaken by the agency. In making its
  797  determination whether to use a tenant broker, a state agency
  798  shall consult with the department. A state agency may not use
  799  the services of a tenant broker unless the tenant broker is
  800  under a term contract with the state which complies with
  801  paragraph (h). If a state agency uses the services of a tenant
  802  broker with respect to a transaction, the agency may not enter
  803  into a lease with a any landlord for whom to which the tenant
  804  broker is providing brokerage services for that transaction.
  805         (h) The Department of Management Services may, Pursuant to
  806  s. 287.042(2)(a), the department shall procure a term contract
  807  for real estate consulting and brokerage services. A state
  808  agency may not purchase services from the contract unless the
  809  contract has been procured under s. 287.057(1) after March 1,
  810  2007, and contains the following provisions or requirements:
  811         1. Awarded brokers must maintain an office or presence in
  812  the market served. In awarding the contract, preference must be
  813  given to brokers who that are licensed in this state under
  814  chapter 475 and who that have 3 or more years of experience in
  815  the market served. The contract may be made with up to three
  816  tenant brokers in order to serve the marketplace in the north,
  817  central, and south areas of the state.
  818         2. Each contracted tenant broker works shall work under the
  819  direction, supervision, and authority of the state agency,
  820  subject to the rules governing lease procurements.
  821         3. The department shall provide training for the awarded
  822  tenant brokers concerning the rules governing the procurement of
  823  leases.
  824         4. Tenant brokers must comply with all applicable
  825  provisions of s. 475.278.
  826         5. Real estate consultants and tenant brokers shall be
  827  compensated by the state agency, subject to the provisions of
  828  the term contract, and such compensation is subject to
  829  appropriation by the Legislature. A real estate consultant or
  830  tenant broker may not receive compensation directly from a
  831  lessor for services that are rendered under the term contract.
  832  Moneys paid by a lessor to the state agency under a facility
  833  leasing arrangement are not subject to the charges imposed under
  834  s. 215.20. All terms relating to the compensation of the real
  835  estate consultant or tenant broker must shall be specified in
  836  the term contract and may not be supplemented or modified by the
  837  state agency using the contract.
  838         6. The department shall conduct periodic customer
  839  satisfaction surveys.
  840         7. Each state agency shall report the following information
  841  to the department:
  842         a. The number of leases that adhere to the goal of the
  843  workspace-management initiative of 180 square feet per full-time
  844  employee FTE.
  845         b. The quality of space leased and the adequacy of tenant
  846  improvement funds.
  847         c. The timeliness of lease procurement, measured from the
  848  date of the agency’s request to the finalization of the lease.
  849         d. Whether cost-benefit analyses were performed before
  850  execution of the lease in order to ensure that the lease is in
  851  the best interest of the state.
  852         e. The lease costs compared to market rates for similar
  853  types and classifications of space according to the official
  854  classifications of the Building Owners and Managers Association.
  855         (4)(a) The department may shall not authorize any state
  856  agency to enter into a lease agreement for space in a privately
  857  owned building if when suitable space is available in a state
  858  owned building located in the same geographic region, except
  859  upon presentation to the department of sufficient written
  860  justification, acceptable to the department, that a separate
  861  space is required in order to fulfill the statutory duties of
  862  the agency making the such request. The term “state-owned
  863  building” as used in this subsection means any state-owned
  864  facility regardless of use or control.
  865         (b) State agencies shall cooperate with local governmental
  866  units by using suitable, existing publicly owned facilities,
  867  subject to the provisions of ss. 255.2501, 255.2502, and
  868  255.2503. Agencies may use utilize unexpended funds appropriated
  869  for lease payments to:
  870         1. Pay their proportion of operating costs.
  871         2. Renovate applicable spaces.
  872         (c) Because the state has a substantial financial
  873  investment in state-owned buildings, it is legislative policy
  874  and intent that if when state-owned buildings meet the needs of
  875  state agencies, agencies must fully use such buildings before
  876  leasing privately owned buildings. By September 15, 2006, The
  877  department of Management Services shall create a 5-year plan for
  878  implementing this policy. The department shall update this plan
  879  annually, detailing proposed departmental actions to meet the
  880  plan’s goals, and include shall furnish this plan annually as
  881  part of the master leasing report.
  882         (5) Before construction or renovation of any state-owned
  883  building or state-leased space is commenced, the department of
  884  Management Services shall determine ascertain, through the by
  885  submission of proposed plans to the Division of State Fire
  886  Marshal for review, whether that the proposed construction or
  887  renovation plan complies with the uniform firesafety standards
  888  required by the division of State Fire Marshal. The review of
  889  construction or renovation plans for state-leased space must
  890  shall be completed within 10 calendar days after of receipt of
  891  the plans by the division of State Fire Marshal. The review of
  892  construction or renovation plans for a state-owned building must
  893  shall be completed within 30 calendar days after of receipt of
  894  the plans by the division of State Fire Marshal. The
  895  responsibility for submission and retrieval of the plans may
  896  called for in this subsection shall not be imposed on the design
  897  architect or engineer, but is shall be the responsibility of the
  898  two agencies. If Whenever the division of State Fire Marshal
  899  determines that a construction or renovation plan is not in
  900  compliance with such uniform firesafety standards, the division
  901  of State Fire Marshal may issue an order to cease all
  902  construction or renovation activities until compliance is
  903  obtained, except those activities required to achieve such
  904  compliance. The lessor shall provide the department with
  905  documentation certifying that the facility meets all of of
  906  Management Services shall withhold approval of any proposed
  907  lease until the construction or renovation plan complies with
  908  the uniform firesafety standards of the Division of State Fire
  909  Marshal. The cost of all modifications or renovations made for
  910  the purpose of bringing leased property into compliance with the
  911  uniform firesafety standards are shall be borne by the lessor.
  912  The state may not take occupancy without the division’s final
  913  approval.
  914         (6) Before construction or substantial improvement of any
  915  state-owned building is commenced, the department of Management
  916  Services must determine ascertain that the proposed construction
  917  or substantial improvement complies with the flood plain
  918  management criteria for mitigation of flood hazards, as
  919  prescribed in the October 1, 1986, rules and regulations of the
  920  Federal Emergency Management Agency, and the department shall
  921  monitor the project to assure compliance with the criteria. In
  922  accordance with chapter 120, The department of Management
  923  Services shall adopt rules any necessary rules to ensure that
  924  all such proposed state construction and substantial improvement
  925  of state buildings in designated flood-prone areas complies with
  926  the flood plain management criteria. If Whenever the department
  927  determines that a construction or substantial improvement
  928  project is not in compliance with such with the established
  929  flood plain management criteria, the department may issue an
  930  order to cease all construction or improvement activities until
  931  compliance is obtained, except those activities required to
  932  achieve such compliance.
  933         (7) This section does not apply to any lease having a term
  934  of less than 120 consecutive days for the purpose of securing
  935  the one-time special use of the leased property. This section
  936  does not apply to any lease for nominal or no consideration.
  937         (8) An agency may not enter into more than one lease for
  938  space in the same privately owned facility or complex within any
  939  12-month period except upon competitive solicitation.
  940         (9) Specialized educational facilities, excluding
  941  classrooms, are shall be exempt from the competitive bid
  942  requirements for leasing pursuant to this section if the
  943  executive head of a any state agency certifies in writing that
  944  the said facility is available from a single source and that the
  945  competitive bid requirements would be detrimental to the state.
  946  Such certification must shall include documentation of evidence
  947  of steps taken to determine sole-source status.
  948         (10) The department of Management Services may approve
  949  emergency acquisition of space without competitive bids if
  950  existing state-owned or state-leased space is destroyed or
  951  rendered uninhabitable by an act of God, fire, malicious
  952  destruction, or structural failure, or by legal action, or if
  953  the agency head certifies in writing that there is an immediate
  954  danger to the public health, safety, or welfare, or if other
  955  substantial loss to the state requires emergency action and if
  956  the chief administrator of the state agency or the chief
  957  administrator’s designated representative certifies in writing
  958  that no other agency-controlled space is available to meet this
  959  emergency need; however, but in no case shall the lease for such
  960  space may not exceed 11 months. If the lessor elects not to
  961  replace or renovate the destroyed or uninhabitable facility, the
  962  agency shall procure the needed space by competitive bid in
  963  accordance with s. 255.249(9)(b) 255.249(4)(b). If the lessor
  964  elects to replace or renovate the destroyed or uninhabitable
  965  facility and the construction or renovations will not be
  966  complete at the end of the 11-month lease, the agency may modify
  967  the lease to extend it on a month-to-month basis for up to an
  968  additional 6 months to allow completion of such construction or
  969  renovations.
  970         (11) In any leasing of space which occurs that is
  971  accomplished without competition, the individuals taking part in
  972  the development or selection of criteria for evaluation, in the
  973  evaluation, and in the award processes must shall attest in
  974  writing that they are independent of, and have no conflict of
  975  interest in, the entities evaluated and selected.
  976         Section 8. Subsection (4) of section 255.252, Florida
  977  Statutes, is amended to read:
  978         255.252 Findings and intent.—
  979         (4) In addition to designing and constructing new buildings
  980  to be energy-efficient, it is the policy of the state to operate
  981  and maintain state facilities in a manner that minimizes energy
  982  consumption and maximizes building sustainability and to operate
  983  facilities leased by the state so as to minimize energy use. It
  984  is further the policy of the state that the renovation of
  985  existing state facilities be in accordance with a sustainable
  986  building rating or a national model green building code. State
  987  agencies are encouraged to consider shared savings financing of
  988  energy-efficiency and conservation projects, using contracts
  989  that split the resulting savings for a specified period of time
  990  between the state agency and the private firm or cogeneration
  991  contracts and that otherwise permit the state to lower its net
  992  energy costs. Such energy contracts may be funded from the
  993  operating budget. The vendor for such energy contracts may be
  994  selected in accordance with s. 287.055.
  995         Section 9. Effective July 1, 2014, subsection (1) of
  996  section 255.254, Florida Statutes, is amended to read:
  997         255.254 No facility constructed or leased without life
  998  cycle costs.—
  999         (1) A No state agency may not shall lease, construct, or
 1000  have constructed, within limits prescribed in this section, a
 1001  facility without having secured from the department an
 1002  evaluation of life-cycle costs based on sustainable building
 1003  ratings. Furthermore, Construction shall proceed only upon
 1004  disclosing to the department, for the facility chosen, the life
 1005  cycle costs as determined in s. 255.255, the facility’s
 1006  sustainable building rating goal, and the capitalization of the
 1007  initial construction costs of the building. The life-cycle costs
 1008  and the sustainable building rating goal shall be primary
 1009  considerations in the selection of a building design. For leased
 1010  facilities larger buildings more than 2,000 5,000 square feet in
 1011  area within a given building boundary, an energy performance
 1012  analysis that calculates consisting of a projection of the total
 1013  annual energy consumption and energy costs in dollars per square
 1014  foot of major energy-consuming equipment and systems based on
 1015  actual expenses from the last 3 years and projected forward for
 1016  the term of the proposed lease shall be performed. The analysis
 1017  must also compare the energy performance of the proposed lease
 1018  to lease shall only be made where there is a showing that the
 1019  energy costs incurred by the state are minimal compared to
 1020  available like facilities. A lease may not be finalized until
 1021  the energy performance analysis has been approved by the
 1022  department A lease agreement for any building leased by the
 1023  state from a private sector entity shall include provisions for
 1024  monthly energy use data to be collected and submitted monthly to
 1025  the department by the owner of the building.
 1026         Section 10. Effective July 1, 2014, subsection (1) of
 1027  section 255.257, Florida Statutes, is amended to read:
 1028         255.257 Energy management; buildings occupied by state
 1029  agencies.—
 1030         (1) ENERGY CONSUMPTION AND COST DATA.— Each state agency
 1031  shall collect data on energy consumption and cost for all. The
 1032  data gathered shall be on state-owned facilities and metered
 1033  state-leased facilities of 5,000 net square feet or more. These
 1034  data will be used in the computation of the effectiveness of the
 1035  state energy management plan and the effectiveness of the energy
 1036  management program of each of the state agencies. Collected data
 1037  shall be reported annually to the department in a format
 1038  prescribed by the department.
 1039         Section 11. Section 255.46, Florida Statutes, is created to
 1040  read:
 1041         255.46Underused Property Maximization Program.—
 1042         (1) The Legislature finds that it is in the best interest
 1043  of the state to maximize the use of underused property by
 1044  identifying such property and concluding that such property
 1045  cannot be used by another governmental entity before procuring
 1046  facilities or real property for governmental use or disposing of
 1047  underused property.
 1048         (2) The Underused Property Maximization Program is created
 1049  in the Department of Management Services to facilitate the
 1050  efficient and cost-effective use of all facilities and real
 1051  property owned, leased, rented, or occupied by governmental
 1052  entities. The department shall coordinate with the Department of
 1053  Environmental Protection to use the systems and inventories
 1054  created pursuant to s. 216.0152 and this section in order to
 1055  comply with this section.
 1056         (3) As used in this section, the term:
 1057         (a) “Facility” means buildings, structures, and building
 1058  systems, and includes ancillary plants, auxiliary facilities,
 1059  educational facilities, and educational plants as defined in s.
 1060  1013.01, and schools as defined in s. 1003.01. The term does not
 1061  include transportation facilities of the state transportation
 1062  system.
 1063         (b) “Governmental entity” means a state agency as defined
 1064  in s. 216.011, the judicial branch, the water management
 1065  districts, a state university, a Florida College System
 1066  institution, a county, a county agency, a municipality, a
 1067  municipal agency, a special district as defined in s. 189.403, a
 1068  school district under s. 1001.30, the Florida School for the
 1069  Deaf and the Blind under s. 1000.04(3), the Florida Virtual
 1070  School under s. 1000.04(4), and a charter school under s.
 1071  1002.33.
 1072         (c) “Underused property” means any facility owned, leased,
 1073  rented, or otherwise occupied or maintained by a governmental
 1074  entity, which is not being used to its fullest potential as
 1075  currently designed or configured, and includes entire
 1076  facilities, as well as underused square footage within a
 1077  facility.
 1078         (4)By July 1, 2014:
 1079         (a) Each governmental entity must conduct and complete an
 1080  inventory of all facilities and real property owned or leased by
 1081  the governmental entity.
 1082         (b)The department shall create, administer, and maintain a
 1083  database to be used by each governmental entity to provide and
 1084  access information about underused property.
 1085         (5) By July 1, 2015, each governmental entity shall input
 1086  into the database, in a format prescribed by the department, the
 1087  following information relating to its underused property: the
 1088  location, occupying entity, ownership, size, condition
 1089  assessment, valuations, operating costs, maintenance record,
 1090  age, parking and employee facilities, building uses, full-time
 1091  equivalent occupancy, known restrictions or historic
 1092  designations, leases or subleases, and associated revenues.
 1093  Information that is confidential or otherwise exempt from public
 1094  disclosure under federal or state law may not be included in the
 1095  database. The entity shall update the required information
 1096  quarterly.
 1097         (6) The Department of Management Services and the
 1098  Department of Environmental Protection shall, by October 1 of
 1099  each year, publish a complete report detailing the inventory of
 1100  underused properties of all governmental entities.
 1101         (7) When seeking to procure leased or owned facilities, a
 1102  governmental entity must first consult the inventory of
 1103  underused properties created under this section to determine if
 1104  an underused property of another governmental entity will
 1105  satisfy its facility needs.
 1106         (a) If the governmental entity seeking space determines
 1107  that underused property can meet its needs, it shall submit a
 1108  business case to the governmental entity that owns or occupies
 1109  the underused property which provides, at a minimum, the
 1110  proposed use of the space, proposed renovation of the space, an
 1111  explanation of how the underused property meets the needs of the
 1112  governmental entity, and any proposed plan for purchasing or
 1113  leasing the underused property.
 1114         (b) The department shall provide suggested forms for
 1115  governmental entities to use in preparing a business case for
 1116  obtaining the underused property.
 1117         (c) If underused property has been identified and multiple
 1118  governmental entities are interested in obtaining such property,
 1119  preference shall be given to K-20 public educational uses over
 1120  other governmental or nonprofit uses.
 1121         (8) Disposition of underused property may be made by sale,
 1122  lease, or similar means as determined by the governmental entity
 1123  that owns or occupies the property.
 1124         (a) When evaluating disposition other than sale, the
 1125  evaluation must consider disposing of the property in a manner
 1126  that provides the greatest combination of benefits to the
 1127  general public and avoid uses that are contrary to the public
 1128  interest.
 1129         (b) A district school board as defined in s. 1003.01; a
 1130  board of trustees described in ss. 1001.60(3), 1001.71,
 1131  1002.36(4), and 1002.37(2); a governing board of a charter
 1132  school identified under s. 1002.33(7); or the governing body,
 1133  agency head, or other governing figure of each entity that owns
 1134  property must:
 1135         1. Hold a public hearing before deciding whether to dispose
 1136  of the property; and
 1137         2. Make the final decision regarding whether to dispose of
 1138  the property based on received business plans.
 1139         (c) Grounds for refusing to dispose of underused property
 1140  include suitability, zoning or use conflicts, mission conflicts,
 1141  compatibility issues, or a determination that the property is
 1142  not conducive to the proposed use.
 1143         (9) The Auditor General shall include findings relating to
 1144  a governmental entity’s compliance with this section in any
 1145  audits conducted pursuant to s. 11.45.
 1146         (10) Underused property owned by the Board of Trustees of
 1147  the Internal Improvement Trust Fund is exempt from subsections
 1148  (1), (2), and (8) and paragraph (7)(c).
 1149         (11)The department shall adopt rules to administer this
 1150  section, including the procedures and requirements for
 1151  submitting and updating the information and documentation
 1152  relating to underused property.
 1153         Section 12. Subsection (7) of section 110.171, Florida
 1154  Statutes, is amended to read:
 1155         110.171 State employee telework program.—
 1156         (7) Agencies that have a telework program shall establish
 1157  and track performance measures that support telework program
 1158  analysis and report data annually to the department in
 1159  accordance with s. 255.249(8) 255.249(3)(d). Such measures must
 1160  include, but need not be limited to, those that quantify
 1161  financial impacts associated with changes in office space
 1162  requirements resulting from the telework program. Agencies
 1163  operating in office space owned or managed by the department
 1164  shall consult the department to ensure consistency with the
 1165  strategic leasing plan required under s. 255.249(6)
 1166  255.249(3)(b).
 1167         Section 13. Paragraph (b) of subsection (15) of section
 1168  985.682, Florida Statutes, is amended to read:
 1169         985.682 Siting of facilities; study; criteria.—
 1170         (15)
 1171         (b) Notwithstanding s. 255.25(1)(b), the department may
 1172  enter into lease-purchase agreements to provide juvenile justice
 1173  facilities for the housing of committed youths, contingent upon
 1174  available funds. The facilities provided through such agreements
 1175  must shall meet the program plan and specifications of the
 1176  department. The department may enter into such lease agreements
 1177  with private corporations and other governmental entities.
 1178  However, notwithstanding the provisions of s. 255.25(3)(a), a no
 1179  such lease agreement may not be entered into except upon
 1180  advertisement for the receipt of competitive bids and award to
 1181  the lowest and best bidder except if when contracting with other
 1182  governmental entities.
 1183         Section 14. For the 2013-2014 fiscal year, the sums of
 1184  $950,000 in nonrecurring and $50,000 in recurring funds are
 1185  appropriated from the General Revenue Fund to the Department of
 1186  Environmental Protection for the purpose of implementing this
 1187  act.
 1188         Section 15. For the 2013-2014 fiscal year, the sum of
 1189  $66,591 in recurring funds from the Supervision Trust Fund and
 1190  one full-time equivalent position and associated salary rate of
 1191  $50,000 is appropriated to the Department of Management
 1192  Services’ Facilities Program for the purpose of implementing
 1193  this act.
 1194         Section 16. Except as otherwise expressly provided in this
 1195  act, this act shall take effect July 1, 2013.
 1196  
 1197  ================= T I T L E  A M E N D M E N T ================
 1198         And the title is amended as follows:
 1199         Delete everything before the enacting clause
 1200  and insert:
 1201                        A bill to be entitled                      
 1202         An act relating to state-owned or state-leased space;
 1203         amending s. 216.0152, F.S.; revising provisions
 1204         relating to the update of an inventory of certain
 1205         facilities needing repairs or innovation maintained by
 1206         the Department of Management Services; revising
 1207         provisions relating to a report detailing an inventory
 1208         of state-owned facilities; requiring specified
 1209         entities to submit an inventory of underused property;
 1210         requiring the department to adopt rules; amending s.
 1211         216.043, F.S.; requiring state agencies to explain why
 1212         available underused property is not sufficient to meet
 1213         their needs when requesting fixed capital outlay
 1214         projects; amending s. 253.031, F.S.; clarifying that
 1215         deeds may be signed by agents of the Board of Trustees
 1216         of the Internal Improvement Trust Fund; amending s.
 1217         253.034, F.S.; revising provisions relating to
 1218         decisions by the board to surplus lands; revising the
 1219         valuation of lands that are subject to certain
 1220         requirements; revising provisions requiring state
 1221         entities to submit a plan if a building or parcel is
 1222         offered for use to the entity; requiring the board to
 1223         adopt rules; amending s. 255.248, F.S.; defining the
 1224         terms “managing agency” and “tenant broker”; amending
 1225         s. 255.249, F.S.; revising the responsibilities of the
 1226         Department of Management Services with respect to
 1227         state-owned buildings; prohibiting a state agency from
 1228         leasing space in a private building under certain
 1229         circumstances; requiring an agency to notify the
 1230         department of an early termination of a lease within a
 1231         certain timeframe; authorizing the department to
 1232         direct state agencies to occupy space in a state-owned
 1233         building; revising the contents of the master leasing
 1234         report; authorizing state agencies to use the services
 1235         of a tenant broker to provide certain information to
 1236         the department; requiring the title entity or managing
 1237         agency to report any vacant or underused space to the
 1238         department; amending s. 255.25, F.S.; revising
 1239         requirements for the construction or lease of certain
 1240         building space; revising an exemption to allow certain
 1241         agencies to negotiate a replacement lease under
 1242         certain circumstances; amending s. 255.252, F.S.;
 1243         specifying that a vendor for certain energy efficiency
 1244         contracts may be selected in accordance with state
 1245         procurement requirements; amending s. 255.254, F.S.;
 1246         revising provisions relating to requirements for
 1247         energy performance analysis for certain buildings;
 1248         amending s. 255.257, F.S.; requiring all state-owned
 1249         facilities to report energy consumption and cost data;
 1250         creating s. 255.46, F.S.; creating the Underused
 1251         Property Maximization Program in the Department of
 1252         Management Services; providing legislative intent and
 1253         definitions; requiring governmental entities to submit
 1254         data and the department to establish an inventory of
 1255         underused property; requiring governmental entities to
 1256         consult such inventory and, if suitable, submit a
 1257         business case to the entity that owns or occupies the
 1258         property; providing for the disposition of underused
 1259         property; requiring the Auditor General to include
 1260         findings relating to compliance with this section in
 1261         any audits; providing certain exemptions for the Board
 1262         of Trustees of the Internal Improvement Trust Fund;
 1263         requiring the department to adopt rules; report energy
 1264         consumption and cost data; amending ss. 110.171 and
 1265         985.682, F.S.; conforming cross-references; providing
 1266         an appropriation; providing effective dates.