Florida Senate - 2013                      CS for CS for SB 1074
       
       
       
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senator Hays
       
       
       
       576-04663-13                                          20131074c2
    1                        A bill to be entitled                      
    2         An act relating to state-owned or state-leased space;
    3         amending s. 216.0152, F.S.; revising provisions
    4         relating to the update of an inventory of certain
    5         facilities needing repairs or innovation maintained by
    6         the Department of Management Services; revising
    7         provisions relating to a report detailing an inventory
    8         of state-owned facilities; requiring specified
    9         entities to submit an inventory of underused property;
   10         requiring the department to adopt rules; amending s.
   11         216.043, F.S.; requiring state agencies to explain why
   12         available underused property is not sufficient to meet
   13         their needs when requesting fixed capital outlay
   14         projects; amending s. 253.031, F.S.; clarifying that
   15         deeds may be signed by agents of the Board of Trustees
   16         of the Internal Improvement Trust Fund; amending s.
   17         253.034, F.S.; revising provisions relating to
   18         decisions by the board to surplus lands; revising the
   19         valuation of lands that are subject to certain
   20         requirements; revising provisions requiring state
   21         entities to submit a plan if a building or parcel is
   22         offered for use to the entity; requiring the board to
   23         adopt rules; amending s. 255.248, F.S.; defining the
   24         terms “managing agency” and “tenant broker”; amending
   25         s. 255.249, F.S.; revising the responsibilities of the
   26         Department of Management Services with respect to
   27         state-owned buildings; prohibiting a state agency from
   28         leasing space in a private building under certain
   29         circumstances; requiring an agency to notify the
   30         department of an early termination of a lease within a
   31         certain timeframe; authorizing the department to
   32         direct state agencies to occupy space in a state-owned
   33         building; revising the contents of the master leasing
   34         report; authorizing state agencies to use the services
   35         of a tenant broker to provide certain information to
   36         the department; requiring the title entity or managing
   37         agency to report any vacant or underused space to the
   38         department; amending s. 255.25, F.S.; revising
   39         requirements for the construction or lease of certain
   40         building space; revising an exemption to allow certain
   41         agencies to negotiate a replacement lease under
   42         certain circumstances; amending s. 255.252, F.S.;
   43         specifying that a vendor for certain energy efficiency
   44         contracts may be selected in accordance with state
   45         procurement requirements; amending s. 255.254, F.S.;
   46         revising provisions relating to requirements for
   47         energy performance analysis for certain buildings;
   48         amending s. 255.257, F.S.; requiring all state-owned
   49         facilities to report energy consumption and cost data;
   50         creating s. 255.46, F.S.; creating the Underused
   51         Property Maximization Program in the Department of
   52         Management Services; providing legislative intent and
   53         definitions; requiring governmental entities to submit
   54         data and the department to establish an inventory of
   55         underused property; requiring governmental entities to
   56         consult such inventory and, if suitable, submit a
   57         business case to the entity that owns or occupies the
   58         property; providing for the disposition of underused
   59         property; requiring the Auditor General to include
   60         findings relating to compliance with this section in
   61         any audits; providing certain exemptions for the Board
   62         of Trustees of the Internal Improvement Trust Fund;
   63         requiring the department to adopt rules; report energy
   64         consumption and cost data; amending ss. 110.171 and
   65         985.682, F.S.; conforming cross-references; providing
   66         an appropriation; providing effective dates.
   67  
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Section 216.0152, Florida Statutes, is amended
   71  to read:
   72         216.0152 Inventory of state-owned facilities or state
   73  occupied facilities.—
   74         (1) The Department of Management Services shall develop and
   75  maintain an automated inventory of all facilities owned, leased,
   76  rented, or otherwise occupied or maintained by a state any
   77  agency of the state, the judicial branch, or the water
   78  management districts. The inventory data shall be provided
   79  annually by July 1 by the owning or operating agency in a format
   80  prescribed by the department and must shall include the
   81  location, occupying agency, ownership, size, condition
   82  assessment, valuations, operating costs, maintenance record,
   83  age, parking and employee facilities, building uses, full-time
   84  equivalent occupancy, known restrictions or historic
   85  designations, leases or subleases, associated revenues, and
   86  other information as required by in a rule adopted by the
   87  department. The department shall use this data for determining
   88  maintenance needs, conducting strategic analyses, including, but
   89  not limited to, analyzing and identifying candidates for
   90  surplus, valuation, and disposition, and life-cycle cost
   91  evaluations of the facility. Inventory data shall be provided to
   92  the department on or before July 1 of each year by the owning or
   93  operating agency in a format prescribed by the department. The
   94  inventory need not include a condition assessment or maintenance
   95  record of facilities not owned by a state agency, the judicial
   96  branch, or a water management district. The term “facility,” as
   97  used in this section, means buildings, structures, and building
   98  systems, but does not include transportation facilities of the
   99  state transportation system.
  100         (a) For reporting purposes, the Department of
  101  Transportation shall develop and maintain an inventory of the
  102  transportation facilities of the state transportation system.
  103  The Department of Transportation shall also identify and dispose
  104  of surplus property pursuant to ss. 337.25 and 339.04.
  105         (b) The Board of Governors of the State University System
  106  and the Department of Education, respectively, shall develop and
  107  maintain an inventory, in the manner prescribed by the
  108  Department of Management Services, of all state university and
  109  community college facilities and, by July 1 of each year,
  110  provide this inventory shall make the data available in a format
  111  acceptable to the Department of Management Services. By March
  112  15, 2011, the department shall adopt rules pursuant to ss.
  113  120.536 and 120.54 to administer this section.
  114         (2) For the purpose of assessing needed repairs and
  115  renovations of facilities, the Department of Management Services
  116  shall update its inventory with condition information for
  117  facilities of 3,000 square feet or more and cause to be updated
  118  the other inventories required by subsection (1) at least once
  119  every 5 years, but the inventories shall record acquisitions of
  120  new facilities and significant changes in existing facilities as
  121  they occur. The Department of Management Services shall provide
  122  each agency and the judicial branch with the most recent
  123  inventory applicable to that agency or to the judicial branch.
  124  Each agency and the judicial branch shall, in the manner
  125  prescribed by the Department of Management Services, report
  126  significant changes in the inventory as they occur. Items
  127  relating to the condition and life-cycle cost of a facility
  128  shall be updated at least every 5 years.
  129         (2)(3) The Department of Management Services and the
  130  Department of Environmental Protection shall, by October 1 of
  131  each year, every 3 years, publish a complete report detailing
  132  the this inventory of all state-owned facilities, including the
  133  inventories of the Board of Governors of the State University
  134  System, the Department of Education, and the Department of
  135  Transportation, excluding the transportation facilities of the
  136  state transportation system. The annual report of state-owned
  137  real property recommended for disposition required under s.
  138  216.0153 must be included in this report and shall publish an
  139  annual update of the report. The department shall furnish the
  140  updated report to the Executive Office of the Governor and the
  141  Legislature no later than September 15 of each year.
  142         (3) An entity that is required to submit a report under
  143  this section must also submit an inventory of all underused
  144  property it owns, leases, rents, or otherwise occupies or
  145  maintains to the Department of Management Services pursuant to
  146  s. 255.46.
  147         (4) The Department of Management Services shall adopt rules
  148  to administer this section.
  149         Section 2. Paragraph (b) of subsection (3) of section
  150  216.043, Florida Statutes, is amended to read:
  151         216.043 Budgets for fixed capital outlay.—
  152         (3) Each legislative budget request for fixed capital
  153  outlay submitted shall contain:
  154         (b) A full explanation of the basis for each project,
  155  including a description of the program which requires the
  156  facility; an explanation of the inability of existing
  157  facilities, or underused property as identified in s. 255.46, to
  158  meet such requirements; historical background; alternatives; and
  159  anticipated changes in operating costs, both initial and
  160  continuing.
  161         Section 3. Subsection (8) of section 253.031, Florida
  162  Statutes, is amended to read:
  163         253.031 Land office; custody of documents concerning land;
  164  moneys; plats.—
  165         (8) The board shall keep a suitable seal of office. An
  166  impression of this seal shall be made upon the deeds conveying
  167  lands sold by the state, by the Board of Education, and by the
  168  Board of Trustees of the Internal Improvement Trust Fund of this
  169  state; and all such deeds shall be personally signed by the
  170  officers or trustees or their agents as authorized under s.
  171  253.431, making the same and impressed with the said seal and
  172  are shall be operative and valid without witnesses to the
  173  execution thereof; and the impression of such seal on any such
  174  deeds entitles shall entitle the same to record and to be
  175  received in evidence in all courts.
  176         Section 4. Subsections (6) and (15) of section 253.034,
  177  Florida Statutes, are amended to read:
  178         253.034 State-owned lands; uses.—
  179         (6) The Board of Trustees of the Internal Improvement Trust
  180  Fund shall determine which lands, the title to which is vested
  181  in the board, may be surplused. For conservation lands, the
  182  board shall determine whether make a determination that the
  183  lands are no longer needed for conservation purposes and may
  184  dispose of them by an affirmative vote of at least three
  185  members. In the case of a land exchange involving the
  186  disposition of conservation lands, the board must determine by
  187  an affirmative vote of at least three members that the exchange
  188  will result in a net positive conservation benefit. For all
  189  other lands, the board shall determine whether make a
  190  determination that the lands are no longer needed and may
  191  dispose of them by an affirmative vote of at least three
  192  members.
  193         (a) For the purposes of this subsection, all lands acquired
  194  by the state before prior to July 1, 1999, using proceeds from
  195  the Preservation 2000 bonds, the Conservation and Recreation
  196  Lands Trust Fund, the Water Management Lands Trust Fund,
  197  Environmentally Endangered Lands Program, and the Save Our Coast
  198  Program and titled to the board, which lands are identified as
  199  core parcels or within original project boundaries are, shall be
  200  deemed to have been acquired for conservation purposes.
  201         (b) For any lands purchased by the state on or after July
  202  1, 1999, before a determination shall be made by the board prior
  203  to acquisition, the board must determine which as to those
  204  parcels must that shall be designated as having been acquired
  205  for conservation purposes. No Lands acquired for use by the
  206  Department of Corrections, the Department of Management Services
  207  for use as state offices, the Department of Transportation,
  208  except those specifically managed for conservation or recreation
  209  purposes, or the State University System or the Florida
  210  Community College System may not shall be designated as having
  211  been purchased for conservation purposes.
  212         (c) At least every 10 years, as a component of each land
  213  management plan or land use plan and in a form and manner
  214  prescribed by rule by the board, each manager shall evaluate and
  215  indicate to the board those lands that are not being used for
  216  the purpose for which they were originally leased. For
  217  conservation lands, the council shall review and shall recommend
  218  to the board whether such lands should be retained in public
  219  ownership or disposed of by the board. For nonconservation
  220  lands, the division shall review such lands and shall recommend
  221  to the board whether such lands should be retained in public
  222  ownership or disposed of by the board.
  223         (d) Lands owned by the board which are not actively managed
  224  by any state agency or for which a land management plan has not
  225  been completed pursuant to subsection (5) must shall be reviewed
  226  by the council or its successor for its recommendation as to
  227  whether such lands should be disposed of by the board.
  228         (e) Before Prior to any decision by the board to surplus
  229  lands, the Acquisition and Restoration Council shall review and
  230  make recommendations to the board concerning the request for
  231  surplusing. The council shall determine whether the request for
  232  surplusing is compatible with the resource values of and
  233  management objectives for such lands.
  234         (f) In reviewing lands owned by the board, the council
  235  shall consider whether such lands would be more appropriately
  236  owned or managed by the county or other unit of local government
  237  in which the land is located. The council shall recommend to the
  238  board whether a sale, lease, or other conveyance to a local
  239  government would be in the best interests of the state and local
  240  government. The provisions of this paragraph in no way limit the
  241  provisions of ss. 253.111 and 253.115. Such lands shall be
  242  offered to the state, county, or local government for a period
  243  of 45 days. Permittable uses for such surplus lands may include
  244  public schools; public libraries; fire or law enforcement
  245  substations; governmental, judicial, or recreational centers;
  246  and affordable housing meeting the criteria of s. 420.0004(3).
  247  County or local government requests for surplus lands shall be
  248  expedited throughout the surplusing process. If the county or
  249  local government does not elect to purchase such lands in
  250  accordance with s. 253.111, then any surplusing determination
  251  involving other governmental agencies shall be made when upon
  252  the board decides deciding the best public use of the lands.
  253  Surplus properties in which governmental agencies have expressed
  254  no interest must shall then be available for sale on the private
  255  market.
  256         (g)1. The sale price of lands determined to be surplus
  257  pursuant to this subsection and s. 253.82 shall be determined by
  258  the division, which shall consider and shall take into
  259  consideration an appraisal of the property, or, if when the
  260  estimated value of the land is $500,000 or less than $100,000, a
  261  comparable sales analysis or a broker’s opinion of value. If the
  262  appraisal referenced in this paragraph yields a value equal to
  263  or greater than $1 million, The division, in its sole
  264  discretion, may require a second appraisal. The individual or
  265  entity that requests requesting to purchase the surplus parcel
  266  shall pay all appraisal costs associated with determining the
  267  property’s value, if any.
  268         1.2.a. A written valuation of land determined to be surplus
  269  pursuant to this subsection and s. 253.82, and related documents
  270  used to form the valuation or which pertain to the valuation,
  271  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  272  I of the State Constitution.
  273         a.b. The exemption expires 2 weeks before the contract or
  274  agreement regarding the purchase, exchange, or disposal of the
  275  surplus land is first considered for approval by the board.
  276         b.c.Before Prior to expiration of the exemption, the
  277  division may disclose confidential and exempt appraisals,
  278  valuations, or valuation information regarding surplus land:
  279         (I) During negotiations for the sale or exchange of the
  280  land.
  281         (II) During the marketing effort or bidding process
  282  associated with the sale, disposal, or exchange of the land to
  283  facilitate closure of such effort or process.
  284         (III) When the passage of time has made the conclusions of
  285  value invalid.
  286         (IV) When negotiations or marketing efforts concerning the
  287  land are concluded.
  288         2.3. A unit of government that acquires title to lands
  289  hereunder for less than appraised value may not sell or transfer
  290  title to all or any portion of the lands to any private owner
  291  for a period of 10 years. Any unit of government seeking to
  292  transfer or sell lands pursuant to this paragraph must shall
  293  first allow the board of trustees to reacquire such lands for
  294  the price at which the board sold such lands.
  295         (h) Parcels with an estimated value over $500,000 must be
  296  initially offered for sale by competitive bid. The division may
  297  use agents, as authorized by s. 253.431, for this process. Any
  298  parcels unsuccessfully offered for sale by competitive bid, and
  299  parcels with a estimated value of $500,000 or less, may be sold
  300  by any reasonable means, including procuring real estate
  301  services, open or exclusive listings, competitive bid, auction,
  302  negotiated direct sales, or other appropriate services, to
  303  facilitate the sale.
  304         (i)(h) After reviewing the recommendations of the council,
  305  the board shall determine whether lands identified for surplus
  306  are to be held for other public purposes or whether such lands
  307  are no longer needed. The board may require an agency to release
  308  its interest in such lands. A state For an agency, county, or
  309  local government that has requested the use of a property that
  310  was to be declared as surplus, said agency must secure have the
  311  property under lease within 90 days after being notified that it
  312  may use such property 6 months of the date of expiration of the
  313  notice provisions required under this subsection and s. 253.111.
  314         (j)(i) Requests for surplusing may be made by any public or
  315  private entity or person. All requests shall be submitted to the
  316  lead managing agency for review and recommendation to the
  317  council or its successor. Lead managing agencies shall have 90
  318  days to review such requests and make recommendations. Any
  319  surplusing requests that have not been acted upon within the 90
  320  day time period shall be immediately scheduled for hearing at
  321  the next regularly scheduled meeting of the council or its
  322  successor. Requests for surplusing pursuant to this paragraph
  323  are shall not be required to be offered to local or state
  324  governments as provided in paragraph (f).
  325         (k)(j) Proceeds from any sale of surplus lands pursuant to
  326  this subsection shall be deposited into the fund from which such
  327  lands were acquired. However, if the fund from which the lands
  328  were originally acquired no longer exists, such proceeds shall
  329  be deposited into an appropriate account to be used for land
  330  management by the lead managing agency assigned the lands before
  331  prior to the lands were being declared surplus. Funds received
  332  from the sale of surplus nonconservation lands, or lands that
  333  were acquired by gift, by donation, or for no consideration,
  334  shall be deposited into the Internal Improvement Trust Fund.
  335         (l)(k) Notwithstanding the provisions of this subsection,
  336  no such disposition of land may not shall be made if it such
  337  disposition would have the effect of causing all or any portion
  338  of the interest on any revenue bonds issued to lose the
  339  exclusion from gross income for federal income tax purposes.
  340         (m)(l) The sale of filled, formerly submerged land that
  341  does not exceed 5 acres in area is not subject to review by the
  342  council or its successor.
  343         (n)(m) The board may adopt rules to administer implement
  344  the provisions of this section, which may include procedures for
  345  administering surplus land requests and criteria for when the
  346  division may approve requests to surplus nonconservation lands
  347  on behalf of the board.
  348         (15) Before a building or parcel of land is offered for
  349  lease, sublease, or sale to a local or federal unit of
  350  government or a private party, it must shall first be offered
  351  for lease to state agencies, state universities, and Florida
  352  College System institutions community colleges, with priority
  353  consideration given to state universities and Florida College
  354  System institutions community colleges.
  355         (a) Within 60 days after the offer for lease of a surplus
  356  building or parcel:
  357         1. A state university or Florida College System institution
  358  that requests the lease community college must submit a plan for
  359  review and approval by the Board of Trustees of the Internal
  360  Improvement Trust Fund regarding the intended use, including
  361  future use, of the building or parcel of land before approval of
  362  a lease.
  363         2. A state agency that requests the lease of a surplus
  364  building or parcel must submit a plan for review and approval by
  365  the board of trustees regarding the intended use. The state
  366  agency plan must, at a minimum, include the proposed use of the
  367  facility or parcel, the estimated cost of renovation, a capital
  368  improvement plan for the building, and evidence that the
  369  building or parcel meets an existing need that cannot be
  370  otherwise met, and other criteria developed by rule by the board
  371  of trustees. The board of trustees or its designee shall compare
  372  the estimated value of the building or parcel to any submitted
  373  plan to determine if the lease or sale is in the best interest
  374  of the state.
  375         (b) The board of trustees shall adopt rules to administer
  376  this subsection.
  377         Section 5. Section 255.248, Florida Statutes, is amended to
  378  read:
  379         255.248 Definitions; ss. 255.249 and 255.25.—As used in
  380  this section and ss. 255.249-255.25 255.249 and 255.25, the
  381  term:
  382         (1) “Best leasing value” means the highest overall value to
  383  the state based on objective factors that include, but are not
  384  limited to, rental rate, renewal rate, operational and
  385  maintenance costs, tenant-improvement allowance, location, lease
  386  term, condition of facility, landlord responsibility, amenities,
  387  and parking.
  388         (2) “Competitive solicitation” means an invitation to bid,
  389  a request for proposals, or an invitation to negotiate.
  390         (3) “Department” means the Department of Management
  391  Services.
  392         (4) “Managing agency” means an agency that serves as the
  393  title entity or that leases property from the Board of Trustees
  394  of the Internal Improvement Trust Fund for the operation and
  395  maintenance of a state-owned office building.
  396         (5)(4) “Privately owned building” means any building not
  397  owned by a governmental agency.
  398         (6)(5) “Responsible lessor” means a lessor that who has the
  399  capability in all respects to fully perform the contract
  400  requirements and the integrity and reliability that will assure
  401  good faith performance.
  402         (7)(6) “Responsive bid,” “responsive proposal,” or
  403  “responsive reply” means a bid or proposal, or reply submitted
  404  by a responsive and responsible lessor, which conforms in all
  405  material respects to the solicitation.
  406         (8)(7) “Responsive lessor” means a lessor that has
  407  submitted a bid, proposal, or reply that conforms in all
  408  material respects to the solicitation.
  409         (9)(8) “State-owned office building” means any building
  410  whose title to which is vested in the state and which is used by
  411  one or more executive agencies predominantly for administrative
  412  direction and support functions. The This term excludes:
  413         (a) District or area offices established for field
  414  operations where law enforcement, military, inspections, road
  415  operations, or tourist welcoming functions are performed.
  416         (b) All educational facilities and institutions under the
  417  supervision of the Department of Education.
  418         (c) All custodial facilities and institutions used
  419  primarily for the care, custody, or treatment of wards of the
  420  state.
  421         (d) Buildings or spaces used for legislative activities.
  422         (e) Buildings purchased or constructed from agricultural or
  423  citrus trust funds.
  424         (10) “Tenant broker” means a private real estate broker or
  425  brokerage firm licensed to do business in this state and under
  426  contract with the department to provide real estate transaction,
  427  portfolio management, and strategic planning services for state
  428  agencies.
  429         Section 6. Section 255.249, Florida Statutes, is amended to
  430  read:
  431         255.249 Department of Management Services; responsibility;
  432  department rules.—
  433         (1) The department shall have responsibility and authority
  434  for the operation, custodial care, and preventive maintenance,
  435  repair, alteration, modification, and allocation of space for of
  436  all buildings in the Florida Facilities Pool and adjacent the
  437  grounds located adjacent thereto.
  438         (2) A state agency may not lease space in a private
  439  building that is to be constructed for state use without first
  440  obtaining prior approval of the architectural design and
  441  preliminary construction from the department.
  442         (3)(2) The department shall require a any state agency
  443  planning to terminate a lease for the purpose of occupying space
  444  in a new state-owned office building, the funds for which are
  445  appropriated after June 30, 2000, to state why the proposed
  446  relocation is in the best interest of the state.
  447         (4)(3)(a)An agency that intends to terminate a lease of
  448  privately owned space before the expiration of its base term,
  449  must notify the department 90 days before the termination. The
  450  department shall, to the extent feasible, coordinate the
  451  vacation of privately owned leased space with the expiration of
  452  the lease on that space and, when a lease is terminated before
  453  expiration of its base term, will make a reasonable effort to
  454  place another state agency in the space vacated. A Any state
  455  agency may lease the space in any building that was subject to a
  456  lease terminated by a state agency for a period of time equal to
  457  the remainder of the base term without the requirement of
  458  competitive solicitation.
  459         (5) The department may direct a state agency to occupy, or
  460  relocate to, space in any state-owned office building, including
  461  all state-owned space identified in the Florida State-Owned
  462  Lands and Records Information System managed by the Department
  463  of Environmental Protection. The Department of Legal Affairs,
  464  the Department of Agriculture and Consumer Services, and the
  465  Department of Financial Services are exempted from this
  466  subsection; however, the exempted departments may elect to
  467  comply with this subsection in whole or in part.
  468         (6)(b) The department shall develop and implement a
  469  strategic leasing plan. The strategic leasing plan must shall
  470  forecast space needs for all state agencies and identify
  471  opportunities for reducing costs through consolidation,
  472  relocation, reconfiguration, capital investment, and the
  473  renovation, building, or acquisition of state-owned space.
  474         (7)(c) The department shall annually publish a master
  475  leasing report that includes the strategic leasing plan created
  476  under subsection (6). The department shall annually submit
  477  furnish the master leasing report to the Executive Office of the
  478  Governor and the Legislature by October 1. The report must
  479  provide September 15 of each year which provides the following
  480  information:
  481         (a)1. A list, by agency and by geographic market, of all
  482  leases that are due to expire within 24 months.
  483         (b)2. Details of each lease, including location, size, cost
  484  per leased square foot, lease-expiration date, and a
  485  determination of whether sufficient state-owned office space
  486  will be available at the expiration of the lease to accommodate
  487  affected employees.
  488         (c)3. A list of amendments and supplements to and waivers
  489  of terms and conditions in lease agreements that have been
  490  approved pursuant to s. 255.25(2)(a) during the previous 12
  491  months and an associated comprehensive analysis, including
  492  financial implications, showing that any amendment, supplement,
  493  or waiver is in the state’s long-term best interest.
  494         (d)4. Financial impacts to the Florida Facilities Pool
  495  rental rate due to the sale, removal, acquisition, or
  496  construction of pool facilities.
  497         (e)5. Changes in occupancy rate, maintenance costs, and
  498  efficiency costs of leases in the state portfolio. Changes to
  499  occupancy costs in leased space by market and changes to space
  500  consumption by agency and by market.
  501         (f)6. An analysis of portfolio supply and demand.
  502         (g)7. Cost-benefit analyses of acquisition, build, and
  503  consolidation opportunities, recommendations for strategic
  504  consolidation, and strategic recommendations for disposition,
  505  acquisition, and building.
  506         (h) Recommendations for using capital improvement funds to
  507  implement the consolidation of state agencies into state-owned
  508  office buildings.
  509         (i)8. The updated plan required by s. 255.25(4)(c).
  510         (8)(d)Annually, by June 30: of each year,
  511         (a) Each state agency shall annually provide to the
  512  department all information regarding agency programs affecting
  513  the need for or use of space by that agency, reviews of lease
  514  expiration schedules for each geographic area, active and
  515  planned full-time equivalent data, business case analyses
  516  related to consolidation plans by an agency, a telework program
  517  under s. 110.171, and current occupancy and relocation costs,
  518  inclusive of furnishings, fixtures and equipment, data, and
  519  communications. State agencies may use the services of a tenant
  520  broker in preparing this information.
  521         (b) The title entity or managing agency shall report to the
  522  department any vacant or underused space for all state-owned
  523  office buildings and any restrictions that apply to any other
  524  agency occupying the vacant or underused space. The title entity
  525  or managing agency shall also notify the department of any
  526  significant changes to its occupancy for the coming fiscal year.
  527  The Department of Legal Affairs, the Department of Agriculture
  528  and Consumer Services, and the Department of Financial Services
  529  are exempted from this subsection; however, the exempted
  530  departments may elect to comply with this subsection in whole or
  531  in part.
  532         (9)(4) The department shall adopt rules pursuant to chapter
  533  120 providing:
  534         (a) Methods for accomplishing the duties outlined in
  535  subsection (1).
  536         (b) Procedures for soliciting and accepting competitive
  537  solicitations for leased space of 5,000 square feet or more in
  538  privately owned buildings, for evaluating the proposals
  539  received, for exemption from competitive solicitations
  540  requirements of any lease for the purpose of which is the
  541  provision of care and living space for persons or emergency
  542  space needs as provided in s. 255.25(10), and for the securing
  543  of at least three documented quotes for a lease that is not
  544  required to be competitively solicited.
  545         (c) A standard method for determining square footage or any
  546  other measurement used as the basis for lease payments or other
  547  charges.
  548         (d) Methods of allocating space in both state-owned office
  549  buildings and privately owned buildings leased by the state
  550  based on use, personnel, and office equipment.
  551         (e)1. Acceptable terms and conditions for inclusion in
  552  lease agreements.
  553         2.At a minimum, such terms and conditions must shall
  554  include, at a minimum, the following clauses, which may not be
  555  amended, supplemented, or waived:
  556         1.a. As provided in s. 255.2502, “The State of Florida’s
  557  performance and obligation to pay under this contract is
  558  contingent upon an annual appropriation by the Legislature.”
  559         2.b. “The lessee has shall have the right to terminate this
  560  lease, without penalty, if this lease in the event a state-owned
  561  building becomes available to the lessee for occupancy and the
  562  lessee has given upon giving 6 months’ advance written notice to
  563  the lessor by certified mail, return receipt requested.”
  564         (f) Maximum rental rates, by geographic areas or by county,
  565  for leasing privately owned space.
  566         (f)(g) A standard method for the assessment of rent to
  567  state agencies and other authorized occupants of state-owned
  568  office space, notwithstanding the source of funds.
  569         (g)(h) For full disclosure of the names and the extent of
  570  interest of the owners holding a 4-percent or more interest in
  571  any privately owned property leased to the state or in the
  572  entity holding title to the property, for exemption from such
  573  disclosure of any beneficial interest that which is represented
  574  by stock in a any corporation registered with the Securities and
  575  Exchange Commission or registered pursuant to chapter 517, which
  576  stock is for sale to the general public, and for exemption from
  577  such disclosure of any leasehold interest in property located
  578  outside the territorial boundaries of the United States.
  579         (h)(i) For full disclosure of the names of all public
  580  officials, agents, or employees holding any interest in any
  581  privately owned property leased to the state or in the entity
  582  holding title to the property, and the nature and extent of
  583  their interest, for exemption from such disclosure of any
  584  beneficial interest that which is represented by stock in any
  585  corporation registered with the Securities and Exchange
  586  Commission or registered pursuant to chapter 517, which stock is
  587  for sale to the general public, and for exemption from such
  588  disclosure of any leasehold interest in property located outside
  589  the territorial boundaries of the United States.
  590         (i)(j) A method for reporting leases for nominal or no
  591  consideration.
  592         (j)(k) For a lease of less than 5,000 square feet, a method
  593  for certification by the agency head or the agency head’s
  594  designated representative that all criteria for leasing have
  595  been fully complied with and for the filing of a copy of such
  596  lease and all supporting documents with the department for its
  597  review and approval as to technical sufficiency and whether it
  598  is in the best interests of the state.
  599         (k)(l) A standardized format for state agency reporting of
  600  the information required by paragraph (8)(a) (3)(d).
  601         (10)(5) The department shall prepare a form listing all
  602  conditions and requirements adopted pursuant to this chapter
  603  which must be met by any state agency leasing any building or
  604  part thereof. Before executing any lease, this form must shall
  605  be certified by the agency head or the agency head’s designated
  606  representative and submitted to the department.
  607         (11)(6) The department may contract for real estate
  608  consulting or tenant brokerage services in order to carry out
  609  its duties relating to the strategic leasing plan under
  610  subsection (6). The contract must shall be procured pursuant to
  611  s. 287.057. The vendor vendor that is awarded the contract shall
  612  be compensated by the department, subject to the provisions of
  613  the contract, and such compensation is subject to appropriation
  614  by the Legislature. A The real estate consultant or tenant
  615  broker may not receive compensation directly from a lessor for
  616  services that are rendered pursuant to the contract. Moneys paid
  617  by a lessor to the department under a facility-leasing
  618  arrangement are not subject to the charges imposed under s.
  619  215.20.
  620         Section 7. Section 255.25, Florida Statutes, is amended to
  621  read:
  622         255.25 Approval required before prior to construction or
  623  lease of buildings.—
  624         (1)(a) A state agency may not lease space in a private
  625  building that is to be constructed for state use unless prior
  626  approval of the architectural design and preliminary
  627  construction plans is first obtained from the department.
  628         (b) During the term of existing leases, each agency shall
  629  consult with the department regarding opportunities for
  630  consolidation, use of state-owned space, build-to-suit space,
  631  and potential acquisitions; shall monitor market conditions; and
  632  shall initiate a competitive solicitation or, if appropriate,
  633  lease-renewal negotiations for each lease held in the private
  634  sector to effect the best overall lease terms reasonably
  635  available to that agency.
  636         (a) Amendments to leases may be permitted to modify any
  637  lease provisions or any other terms or conditions unless, except
  638  to the extent specifically prohibited under by this chapter.
  639         (b) The department shall serve as a mediator in lease
  640  renewal negotiations if the agency and the lessor are unable to
  641  reach a compromise within 6 months after renegotiation and if
  642  either the agency or lessor requests intervention by the
  643  department.
  644         (c) If When specifically authorized by the General
  645  Appropriations Act, and in accordance with s. 255.2501, if
  646  applicable, the department may approve a lease-purchase, sale
  647  leaseback, or tax-exempt leveraged lease contract or other
  648  financing technique for the acquisition, renovation, or
  649  construction of a state fixed capital outlay project if when it
  650  is in the best interest of the state.
  651         (2)(a) Except as provided in ss. 255.249 and s. 255.2501, a
  652  state agency may not lease a building or any part thereof unless
  653  prior approval of the lease conditions and of the need for the
  654  lease therefor is first obtained from the department. An Any
  655  approved lease may include an option to purchase or an option to
  656  renew the lease, or both, upon such terms and conditions as are
  657  established by the department, subject to final approval by the
  658  head of the department of Management Services and s. 255.2502.
  659         (a)(b) For the lease of less than 5,000 square feet of
  660  space, including space leased for nominal or no consideration, a
  661  state agency must notify the department at least 90 30 days
  662  before the execution of the lease. The department shall review
  663  the lease and determine whether suitable space is available in a
  664  state-owned or state-leased building located in the same
  665  geographic region. If the department determines that space is
  666  not available, the department shall determine whether the state
  667  agency lease is in the best interests of the state. If the
  668  department determines that the execution of the lease is not in
  669  the best interests of the state, the department shall notify the
  670  agency proposing the lease, the Governor, the President of the
  671  Senate, and the Speaker of the House of Representatives and the
  672  presiding officers of each house of the Legislature of such
  673  finding in writing. A lease that is for a term extending beyond
  674  the end of a fiscal year is subject to the provisions of ss.
  675  216.311, 255.2502, and 255.2503.
  676         (b)(c) The department shall adopt as a rule uniform leasing
  677  procedures by rule for use by each state agency other than the
  678  Department of Transportation. Each state agency shall ensure
  679  that the leasing practices of that agency are in substantial
  680  compliance with the uniform leasing rules adopted under this
  681  section and ss. 255.249, 255.2502, and 255.2503.
  682         (c)(d) Notwithstanding paragraph (a) and except as provided
  683  in ss. 255.249 and 255.2501, a state agency may not lease a
  684  building or any part thereof unless prior approval of the lease
  685  terms and conditions and of the need therefor is first obtained
  686  from the department. The department may not approve any term or
  687  condition in a lease agreement which has been amended,
  688  supplemented, or waived unless a comprehensive analysis,
  689  including financial implications, demonstrates that such
  690  amendment, supplement, or waiver is in the state’s long-term
  691  best interest. An Any approved lease may include an option to
  692  purchase or an option to renew the lease, or both, upon such
  693  terms and conditions as are established by the department,
  694  subject to final approval by the head of the department, of
  695  Management Services and the provisions of s. 255.2502.
  696         (3)(a) Except as provided in subsection (10), a state
  697  agency may not enter into a lease as lessee for the use of 5,000
  698  square feet or more of space in a privately owned building
  699  except upon advertisement for and receipt of competitive
  700  solicitations.
  701         1.a. An invitation to bid must shall be made available
  702  simultaneously to all lessors and must include a detailed
  703  description of the space sought; the time and date for the
  704  receipt of bids and of the public opening; and all contractual
  705  terms and conditions applicable to the procurement, including
  706  the criteria to be used in determining the acceptability of the
  707  bid. If the agency contemplates renewing renewal of the
  708  contract, that fact must be stated in the invitation to bid. The
  709  bid must include the price for each year for which the contract
  710  may be renewed. Evaluation of bids must shall include
  711  consideration of the total cost for each year as submitted by
  712  the lessor. Criteria that were not set forth in the invitation
  713  to bid may not be used in determining the acceptability of the
  714  bid.
  715         b. The contract shall be awarded with reasonable promptness
  716  by written notice to the responsible and responsive lessor that
  717  submits the lowest responsive bid. The contract file must
  718  contain a written determination that the bid meets This bid must
  719  be determined in writing to meet the requirements and criteria
  720  set forth in the invitation to bid.
  721         2.a. If an agency determines in writing that the use of an
  722  invitation to bid is not practicable, leased space shall be
  723  procured by competitive sealed proposals. A request for
  724  proposals shall be made available simultaneously to all lessors
  725  and must include a statement of the space sought; the time and
  726  date for the receipt of proposals and of the public opening; and
  727  all contractual terms and conditions applicable to the
  728  procurement, including the criteria, which must include, but
  729  need not be limited to, price, to be used in determining the
  730  acceptability of the proposal. The relative importance of price
  731  and other evaluation criteria must shall be indicated. If the
  732  agency contemplates renewing renewal of the contract, that fact
  733  must be stated in the request for proposals. The proposal must
  734  include the price for each year for which the contract may be
  735  renewed. Evaluation of proposals must shall include
  736  consideration of the total cost for each year as submitted by
  737  the lessor.
  738         b. The contract shall be awarded to the responsible and
  739  responsive lessor whose proposal is determined in writing to be
  740  the most advantageous to the state, taking into consideration
  741  the price and the other criteria set forth in the request for
  742  proposals. The contract file must contain documentation
  743  supporting the basis on which the award is made.
  744         3.a. If the agency determines in writing that the use of an
  745  invitation to bid or a request for proposals will not result in
  746  the best leasing value to the state, the agency may procure
  747  leased space by competitive sealed replies. The agency’s written
  748  determination must specify reasons that explain why negotiation
  749  may be necessary in order for the state to achieve the best
  750  leasing value and must be approved in writing by the agency head
  751  or his or her designee before prior to the advertisement of an
  752  invitation to negotiate. Cost savings related to the agency
  753  procurement process are not sufficient justification for using
  754  an invitation to negotiate. An invitation to negotiate shall be
  755  made available to all lessors simultaneously and must include a
  756  statement of the space sought; the time and date for the receipt
  757  of replies and of the public opening; and all terms and
  758  conditions applicable to the procurement, including the criteria
  759  to be used in determining the acceptability of the reply. If the
  760  agency contemplates renewing renewal of the contract, that fact
  761  must be stated in the invitation to negotiate. The reply must
  762  include the price for each year for which the contract may be
  763  renewed.
  764         b. The agency shall evaluate and rank responsive replies
  765  against all evaluation criteria set forth in the invitation to
  766  negotiate and shall select, based on the ranking, one or more
  767  lessors with which to commence negotiations. After negotiations
  768  are conducted, the agency shall award the contract to the
  769  responsible and responsive lessor that the agency determines
  770  will provide the best leasing value to the state. The contract
  771  file must contain a short, plain statement that explains the
  772  basis for lessor selection and sets forth the lessor’s
  773  deliverables and price pursuant to the contract, and an
  774  explanation of how these deliverables and price provide the best
  775  leasing value to the state.
  776         (b) The department of Management Services shall have the
  777  authority to approve a lease for 5,000 square feet or more of
  778  space which that covers more than 12 consecutive months 1 fiscal
  779  year, subject to the provisions of ss. 216.311, 255.2501,
  780  255.2502, and 255.2503, if such lease is, in the judgment of the
  781  department, in the best interests of the state. In determining
  782  best interest, the department shall consider availability of
  783  state-owned space and analyses of build-to-suit and acquisition
  784  opportunities. This paragraph does not apply to buildings or
  785  facilities of any size leased for the purpose of providing care
  786  and living space to individuals for persons.
  787         (c) The department may approve extensions of an existing
  788  lease of 5,000 square feet or more of space if such extensions
  789  are determined to be in the best interests of the state;
  790  however, but in no case shall the total of such extensions may
  791  not exceed 11 months. If at the end of the 11th month an agency
  792  still needs that space, it must shall be procured by competitive
  793  bid in accordance with s. 255.249(9)(b) 255.249(4)(b). However:,
  794         1. If the Department of Agriculture and Consumer Services,
  795  the Department of Financial Services, or the Department of Legal
  796  Affairs an agency that determines that it is in its best
  797  interest to remain in the space it currently occupies, it may
  798  negotiate a replacement lease with the lessor if an independent
  799  comparative market analysis demonstrates that the rates offered
  800  are within market rates for the space and the cost of the new
  801  lease does not exceed the cost of a comparable lease plus
  802  documented moving costs. A present-value analysis and the
  803  consumer price index shall be used in the calculation of lease
  804  costs. The term of the replacement lease may not exceed the base
  805  term of the expiring lease.
  806         2. For those agencies for which the department may approve
  807  lease actions, the department may approve a replacement lease
  808  with a lessor for an agency to remain in the space it currently
  809  occupies if, in the judgment of the department, such lease is in
  810  the best interests of the state. In determining best interest,
  811  the department shall consider the availability of state-owned
  812  space and an analyses of build-to-suit and acquisition
  813  opportunities. The term of the replacement lease may not exceed
  814  the base term of the expiring lease.
  815         (d) Any person who files an action protesting a decision or
  816  intended decision pertaining to a competitive solicitation for
  817  space to be leased by the agency pursuant to s. 120.57(3)(b)
  818  shall post with the state agency at the time of filing the
  819  formal written protest a bond payable to the agency in an amount
  820  equal to 1 percent of the estimated total rental of the basic
  821  lease period or $5,000, whichever is greater, which bond is
  822  shall be conditioned on upon the payment of all costs that may
  823  be adjudged against him or her in the administrative hearing in
  824  which the action is brought and in any subsequent appellate
  825  court proceeding. If the agency prevails after completion of the
  826  administrative hearing process and any appellate court
  827  proceedings, it shall recover all costs and charges, which must
  828  shall be included in the final order or judgment, excluding
  829  attorney attorney’s fees. Upon payment of such costs and charges
  830  by the person protesting the award, the bond shall be returned
  831  to him or her. If the person protesting the award prevails, the
  832  bond shall be returned to that person and he or she shall
  833  recover from the agency all costs and charges, which must shall
  834  be included in the final order of judgment, excluding attorney
  835  attorney’s fees.
  836         (e) The agency and the lessor, when entering into a lease
  837  for 5,000 or more square feet of a privately owned building,
  838  shall, before the effective date of the lease, agree upon and
  839  separately state the cost of tenant improvements which may
  840  qualify for reimbursement if the lease is terminated before the
  841  expiration of its base term. The department shall serve as
  842  mediator if the agency and the lessor are unable to agree. The
  843  amount agreed upon and stated shall, if appropriated, be
  844  amortized over the original base term of the lease on a
  845  straight-line basis.
  846         (f) The unamortized portion of tenant improvements, if
  847  appropriated, shall be paid in equal monthly installments over
  848  the remaining term of the lease. If any portion of the original
  849  leased premises is occupied after termination but during the
  850  original term by a tenant who that does not require material
  851  changes to the premises, the repayment of the cost of tenant
  852  improvements applicable to the occupied but unchanged portion
  853  shall be abated during occupancy. The portion of the repayment
  854  to be abated must shall be based on the ratio of leased space to
  855  unleased space.
  856         (g) Notwithstanding s. 287.056(1), a state agency may, at
  857  the sole discretion of the agency head or his or her designee,
  858  use the services of a tenant broker to assist with a competitive
  859  solicitation undertaken by the agency. In making its
  860  determination whether to use a tenant broker, a state agency
  861  shall consult with the department. A state agency may not use
  862  the services of a tenant broker unless the tenant broker is
  863  under a term contract with the state which complies with
  864  paragraph (h). If a state agency uses the services of a tenant
  865  broker with respect to a transaction, the agency may not enter
  866  into a lease with a any landlord for whom to which the tenant
  867  broker is providing brokerage services for that transaction.
  868         (h) The Department of Management Services may, Pursuant to
  869  s. 287.042(2)(a), the department shall procure a term contract
  870  for real estate consulting and brokerage services. A state
  871  agency may not purchase services from the contract unless the
  872  contract has been procured under s. 287.057(1) after March 1,
  873  2007, and contains the following provisions or requirements:
  874         1. Awarded brokers must maintain an office or presence in
  875  the market served. In awarding the contract, preference must be
  876  given to brokers who that are licensed in this state under
  877  chapter 475 and who that have 3 or more years of experience in
  878  the market served. The contract may be made with up to three
  879  tenant brokers in order to serve the marketplace in the north,
  880  central, and south areas of the state.
  881         2. Each contracted tenant broker works shall work under the
  882  direction, supervision, and authority of the state agency,
  883  subject to the rules governing lease procurements.
  884         3. The department shall provide training for the awarded
  885  tenant brokers concerning the rules governing the procurement of
  886  leases.
  887         4. Tenant brokers must comply with all applicable
  888  provisions of s. 475.278.
  889         5. Real estate consultants and tenant brokers shall be
  890  compensated by the state agency, subject to the provisions of
  891  the term contract, and such compensation is subject to
  892  appropriation by the Legislature. A real estate consultant or
  893  tenant broker may not receive compensation directly from a
  894  lessor for services that are rendered under the term contract.
  895  Moneys paid by a lessor to the state agency under a facility
  896  leasing arrangement are not subject to the charges imposed under
  897  s. 215.20. All terms relating to the compensation of the real
  898  estate consultant or tenant broker must shall be specified in
  899  the term contract and may not be supplemented or modified by the
  900  state agency using the contract.
  901         6. The department shall conduct periodic customer
  902  satisfaction surveys.
  903         7. Each state agency shall report the following information
  904  to the department:
  905         a. The number of leases that adhere to the goal of the
  906  workspace-management initiative of 180 square feet per full-time
  907  employee FTE.
  908         b. The quality of space leased and the adequacy of tenant
  909  improvement funds.
  910         c. The timeliness of lease procurement, measured from the
  911  date of the agency’s request to the finalization of the lease.
  912         d. Whether cost-benefit analyses were performed before
  913  execution of the lease in order to ensure that the lease is in
  914  the best interest of the state.
  915         e. The lease costs compared to market rates for similar
  916  types and classifications of space according to the official
  917  classifications of the Building Owners and Managers Association.
  918         (4)(a) The department may shall not authorize any state
  919  agency to enter into a lease agreement for space in a privately
  920  owned building if when suitable space is available in a state
  921  owned building located in the same geographic region, except
  922  upon presentation to the department of sufficient written
  923  justification, acceptable to the department, that a separate
  924  space is required in order to fulfill the statutory duties of
  925  the agency making the such request. The term “state-owned
  926  building” as used in this subsection means any state-owned
  927  facility regardless of use or control.
  928         (b) State agencies shall cooperate with local governmental
  929  units by using suitable, existing publicly owned facilities,
  930  subject to the provisions of ss. 255.2501, 255.2502, and
  931  255.2503. Agencies may use utilize unexpended funds appropriated
  932  for lease payments to:
  933         1. Pay their proportion of operating costs.
  934         2. Renovate applicable spaces.
  935         (c) Because the state has a substantial financial
  936  investment in state-owned buildings, it is legislative policy
  937  and intent that if when state-owned buildings meet the needs of
  938  state agencies, agencies must fully use such buildings before
  939  leasing privately owned buildings. By September 15, 2006, The
  940  department of Management Services shall create a 5-year plan for
  941  implementing this policy. The department shall update this plan
  942  annually, detailing proposed departmental actions to meet the
  943  plan’s goals, and include shall furnish this plan annually as
  944  part of the master leasing report.
  945         (5) Before construction or renovation of any state-owned
  946  building or state-leased space is commenced, the department of
  947  Management Services shall determine ascertain, through the by
  948  submission of proposed plans to the Division of State Fire
  949  Marshal for review, whether that the proposed construction or
  950  renovation plan complies with the uniform firesafety standards
  951  required by the division of State Fire Marshal. The review of
  952  construction or renovation plans for state-leased space must
  953  shall be completed within 10 calendar days after of receipt of
  954  the plans by the division of State Fire Marshal. The review of
  955  construction or renovation plans for a state-owned building must
  956  shall be completed within 30 calendar days after of receipt of
  957  the plans by the division of State Fire Marshal. The
  958  responsibility for submission and retrieval of the plans may
  959  called for in this subsection shall not be imposed on the design
  960  architect or engineer, but is shall be the responsibility of the
  961  two agencies. If Whenever the division of State Fire Marshal
  962  determines that a construction or renovation plan is not in
  963  compliance with such uniform firesafety standards, the division
  964  of State Fire Marshal may issue an order to cease all
  965  construction or renovation activities until compliance is
  966  obtained, except those activities required to achieve such
  967  compliance. The lessor shall provide the department with
  968  documentation certifying that the facility meets all of
  969  Management Services shall withhold approval of any proposed
  970  lease until the construction or renovation plan complies with
  971  the uniform firesafety standards of the Division of State Fire
  972  Marshal. The cost of all modifications or renovations made for
  973  the purpose of bringing leased property into compliance with the
  974  uniform firesafety standards are shall be borne by the lessor.
  975  The state may not take occupancy without the division’s final
  976  approval.
  977         (6) Before construction or substantial improvement of any
  978  state-owned building is commenced, the department of Management
  979  Services must determine ascertain that the proposed construction
  980  or substantial improvement complies with the flood plain
  981  management criteria for mitigation of flood hazards, as
  982  prescribed in the October 1, 1986, rules and regulations of the
  983  Federal Emergency Management Agency, and the department shall
  984  monitor the project to assure compliance with the criteria. In
  985  accordance with chapter 120, The department of Management
  986  Services shall adopt rules any necessary rules to ensure that
  987  all such proposed state construction and substantial improvement
  988  of state buildings in designated flood-prone areas complies with
  989  the flood plain management criteria. If Whenever the department
  990  determines that a construction or substantial improvement
  991  project is not in compliance with such with the established
  992  flood plain management criteria, the department may issue an
  993  order to cease all construction or improvement activities until
  994  compliance is obtained, except those activities required to
  995  achieve such compliance.
  996         (7) This section does not apply to any lease having a term
  997  of less than 120 consecutive days for the purpose of securing
  998  the one-time special use of the leased property. This section
  999  does not apply to any lease for nominal or no consideration.
 1000         (8) An agency may not enter into more than one lease for
 1001  space in the same privately owned facility or complex within any
 1002  12-month period except upon competitive solicitation.
 1003         (9) Specialized educational facilities, excluding
 1004  classrooms, are shall be exempt from the competitive bid
 1005  requirements for leasing pursuant to this section if the
 1006  executive head of a any state agency certifies in writing that
 1007  the said facility is available from a single source and that the
 1008  competitive bid requirements would be detrimental to the state.
 1009  Such certification must shall include documentation of evidence
 1010  of steps taken to determine sole-source status.
 1011         (10) The department of Management Services may approve
 1012  emergency acquisition of space without competitive bids if
 1013  existing state-owned or state-leased space is destroyed or
 1014  rendered uninhabitable by an act of God, fire, malicious
 1015  destruction, or structural failure, or by legal action, or if
 1016  the agency head certifies in writing that there is an immediate
 1017  danger to the public health, safety, or welfare, or if other
 1018  substantial loss to the state requires emergency action and if
 1019  the chief administrator of the state agency or the chief
 1020  administrator’s designated representative certifies in writing
 1021  that no other agency-controlled space is available to meet this
 1022  emergency need; however, but in no case shall the lease for such
 1023  space may not exceed 11 months. If the lessor elects not to
 1024  replace or renovate the destroyed or uninhabitable facility, the
 1025  agency shall procure the needed space by competitive bid in
 1026  accordance with s. 255.249(9)(b) 255.249(4)(b). If the lessor
 1027  elects to replace or renovate the destroyed or uninhabitable
 1028  facility and the construction or renovations will not be
 1029  complete at the end of the 11-month lease, the agency may modify
 1030  the lease to extend it on a month-to-month basis for up to an
 1031  additional 6 months to allow completion of such construction or
 1032  renovations.
 1033         (11) In any leasing of space which occurs that is
 1034  accomplished without competition, the individuals taking part in
 1035  the development or selection of criteria for evaluation, in the
 1036  evaluation, and in the award processes must shall attest in
 1037  writing that they are independent of, and have no conflict of
 1038  interest in, the entities evaluated and selected.
 1039         Section 8. Subsection (4) of section 255.252, Florida
 1040  Statutes, is amended to read:
 1041         255.252 Findings and intent.—
 1042         (4) In addition to designing and constructing new buildings
 1043  to be energy-efficient, it is the policy of the state to operate
 1044  and maintain state facilities in a manner that minimizes energy
 1045  consumption and maximizes building sustainability and to operate
 1046  facilities leased by the state so as to minimize energy use. It
 1047  is further the policy of the state that the renovation of
 1048  existing state facilities be in accordance with a sustainable
 1049  building rating or a national model green building code. State
 1050  agencies are encouraged to consider shared savings financing of
 1051  energy-efficiency and conservation projects, using contracts
 1052  that split the resulting savings for a specified period of time
 1053  between the state agency and the private firm or cogeneration
 1054  contracts and that otherwise permit the state to lower its net
 1055  energy costs. Such energy contracts may be funded from the
 1056  operating budget. The vendor for such energy contracts may be
 1057  selected in accordance with s. 287.055.
 1058         Section 9. Effective July 1, 2014, subsection (1) of
 1059  section 255.254, Florida Statutes, is amended to read:
 1060         255.254 No facility constructed or leased without life
 1061  cycle costs.—
 1062         (1) A No state agency may not shall lease, construct, or
 1063  have constructed, within limits prescribed in this section, a
 1064  facility without having secured from the department an
 1065  evaluation of life-cycle costs based on sustainable building
 1066  ratings. Furthermore, Construction shall proceed only upon
 1067  disclosing to the department, for the facility chosen, the life
 1068  cycle costs as determined in s. 255.255, the facility’s
 1069  sustainable building rating goal, and the capitalization of the
 1070  initial construction costs of the building. The life-cycle costs
 1071  and the sustainable building rating goal shall be primary
 1072  considerations in the selection of a building design. For leased
 1073  facilities larger buildings more than 2,000 5,000 square feet in
 1074  area within a given building boundary, an energy performance
 1075  analysis that calculates consisting of a projection of the total
 1076  annual energy consumption and energy costs in dollars per square
 1077  foot of major energy-consuming equipment and systems based on
 1078  actual expenses from the last 3 years and projected forward for
 1079  the term of the proposed lease shall be performed. The analysis
 1080  must also compare the energy performance of the proposed lease
 1081  to lease shall only be made where there is a showing that the
 1082  energy costs incurred by the state are minimal compared to
 1083  available like facilities. A lease may not be finalized until
 1084  the energy performance analysis has been approved by the
 1085  department A lease agreement for any building leased by the
 1086  state from a private sector entity shall include provisions for
 1087  monthly energy use data to be collected and submitted monthly to
 1088  the department by the owner of the building.
 1089         Section 10. Effective July 1, 2014, subsection (1) of
 1090  section 255.257, Florida Statutes, is amended to read:
 1091         255.257 Energy management; buildings occupied by state
 1092  agencies.—
 1093         (1) ENERGY CONSUMPTION AND COST DATA.— Each state agency
 1094  shall collect data on energy consumption and cost for all. The
 1095  data gathered shall be on state-owned facilities and metered
 1096  state-leased facilities of 5,000 net square feet or more. These
 1097  data will be used in the computation of the effectiveness of the
 1098  state energy management plan and the effectiveness of the energy
 1099  management program of each of the state agencies. Collected data
 1100  shall be reported annually to the department in a format
 1101  prescribed by the department.
 1102         Section 11. Section 255.46, Florida Statutes, is created to
 1103  read:
 1104         255.46Underused Property Maximization Program.—
 1105         (1) The Legislature finds that it is in the best interest
 1106  of the state to maximize the use of underused property by
 1107  identifying such property and concluding that such property
 1108  cannot be used by another governmental entity before procuring
 1109  facilities or real property for governmental use or disposing of
 1110  underused property.
 1111         (2) The Underused Property Maximization Program is created
 1112  in the Department of Management Services to facilitate the
 1113  efficient and cost-effective use of all facilities and real
 1114  property owned, leased, rented, or occupied by governmental
 1115  entities. The department shall coordinate with the Department of
 1116  Environmental Protection to use the systems and inventories
 1117  created pursuant to s. 216.0152 and this section in order to
 1118  comply with this section.
 1119         (3) As used in this section, the term:
 1120         (a) “Facility” means buildings, structures, and building
 1121  systems, and includes ancillary plants, auxiliary facilities,
 1122  educational facilities, and educational plants as defined in s.
 1123  1013.01, and schools as defined in s. 1003.01. The term does not
 1124  include transportation facilities of the state transportation
 1125  system.
 1126         (b) “Governmental entity” means a state agency as defined
 1127  in s. 216.011, the judicial branch, the water management
 1128  districts, a state university, a Florida College System
 1129  institution, a county, a county agency, a municipality, a
 1130  municipal agency, a special district as defined in s. 189.403, a
 1131  school district under s. 1001.30, the Florida School for the
 1132  Deaf and the Blind under s. 1000.04(3), the Florida Virtual
 1133  School under s. 1000.04(4), and a charter school under s.
 1134  1002.33.
 1135         (c) “Underused property” means any facility owned, leased,
 1136  rented, or otherwise occupied or maintained by a governmental
 1137  entity, which is not being used to its fullest potential as
 1138  currently designed or configured, and includes entire
 1139  facilities, as well as underused square footage within a
 1140  facility.
 1141         (4)By July 1, 2014:
 1142         (a) Each governmental entity must conduct and complete an
 1143  inventory of all facilities and real property owned or leased by
 1144  the governmental entity.
 1145         (b)The department shall create, administer, and maintain a
 1146  database to be used by each governmental entity to provide and
 1147  access information about underused property.
 1148         (5) By July 1, 2015, each governmental entity shall input
 1149  into the database, in a format prescribed by the department, the
 1150  following information relating to its underused property: the
 1151  location, occupying entity, ownership, size, condition
 1152  assessment, valuations, operating costs, maintenance record,
 1153  age, parking and employee facilities, building uses, full-time
 1154  equivalent occupancy, known restrictions or historic
 1155  designations, leases or subleases, and associated revenues.
 1156  Information that is confidential or otherwise exempt from public
 1157  disclosure under federal or state law may not be included in the
 1158  database. The entity shall update the required information
 1159  quarterly.
 1160         (6) The Department of Management Services and the
 1161  Department of Environmental Protection shall, by October 1 of
 1162  each year, publish a complete report detailing the inventory of
 1163  underused properties of all governmental entities.
 1164         (7) When seeking to procure leased or owned facilities, a
 1165  governmental entity must first consult the inventory of
 1166  underused properties created under this section to determine if
 1167  an underused property of another governmental entity will
 1168  satisfy its facility needs.
 1169         (a) If the governmental entity seeking space determines
 1170  that underused property can meet its needs, it shall submit a
 1171  business case to the governmental entity that owns or occupies
 1172  the underused property which provides, at a minimum, the
 1173  proposed use of the space, proposed renovation of the space, an
 1174  explanation of how the underused property meets the needs of the
 1175  governmental entity, and any proposed plan for purchasing or
 1176  leasing the underused property.
 1177         (b) The department shall provide suggested forms for
 1178  governmental entities to use in preparing a business case for
 1179  obtaining the underused property.
 1180         (c) If underused property has been identified and multiple
 1181  governmental entities are interested in obtaining such property,
 1182  preference shall be given to K-20 public educational uses over
 1183  other governmental or nonprofit uses.
 1184         (8) Disposition of underused property may be made by sale,
 1185  lease, or similar means as determined by the governmental entity
 1186  that owns or occupies the property.
 1187         (a) When evaluating disposition other than sale, the
 1188  evaluation must consider disposing of the property in a manner
 1189  that provides the greatest combination of benefits to the
 1190  general public and avoid uses that are contrary to the public
 1191  interest.
 1192         (b) A district school board as defined in s. 1003.01; a
 1193  board of trustees described in ss. 1001.60(3), 1001.71,
 1194  1002.36(4), and 1002.37(2); a governing board of a charter
 1195  school identified under s. 1002.33(7); or the governing body,
 1196  agency head, or other governing figure of each entity that owns
 1197  property must:
 1198         1. Hold a public hearing before deciding whether to dispose
 1199  of the property; and
 1200         2. Make the final decision regarding whether to dispose of
 1201  the property based on received business plans.
 1202         (c) Grounds for refusing to dispose of underused property
 1203  include suitability, zoning or use conflicts, mission conflicts,
 1204  compatibility issues, or a determination that the property is
 1205  not conducive to the proposed use.
 1206         (9) The Auditor General shall include findings relating to
 1207  a governmental entity’s compliance with this section in any
 1208  audits conducted pursuant to s. 11.45.
 1209         (10) Underused property owned by the Board of Trustees of
 1210  the Internal Improvement Trust Fund is exempt from subsections
 1211  (1), (2), and (8) and paragraph (7)(c).
 1212         (11)The department shall adopt rules to administer this
 1213  section, including the procedures and requirements for
 1214  submitting and updating the information and documentation
 1215  relating to underused property.
 1216         Section 12. Subsection (7) of section 110.171, Florida
 1217  Statutes, is amended to read:
 1218         110.171 State employee telework program.—
 1219         (7) Agencies that have a telework program shall establish
 1220  and track performance measures that support telework program
 1221  analysis and report data annually to the department in
 1222  accordance with s. 255.249(8) 255.249(3)(d). Such measures must
 1223  include, but need not be limited to, those that quantify
 1224  financial impacts associated with changes in office space
 1225  requirements resulting from the telework program. Agencies
 1226  operating in office space owned or managed by the department
 1227  shall consult the department to ensure consistency with the
 1228  strategic leasing plan required under s. 255.249(6)
 1229  255.249(3)(b).
 1230         Section 13. Paragraph (b) of subsection (15) of section
 1231  985.682, Florida Statutes, is amended to read:
 1232         985.682 Siting of facilities; study; criteria.—
 1233         (15)
 1234         (b) Notwithstanding s. 255.25(1)(b), the department may
 1235  enter into lease-purchase agreements to provide juvenile justice
 1236  facilities for the housing of committed youths, contingent upon
 1237  available funds. The facilities provided through such agreements
 1238  must shall meet the program plan and specifications of the
 1239  department. The department may enter into such lease agreements
 1240  with private corporations and other governmental entities.
 1241  However, notwithstanding the provisions of s. 255.25(3)(a), a no
 1242  such lease agreement may not be entered into except upon
 1243  advertisement for the receipt of competitive bids and award to
 1244  the lowest and best bidder except if when contracting with other
 1245  governmental entities.
 1246         Section 14. For the 2013-2014 fiscal year, the sums of
 1247  $950,000 in nonrecurring and $50,000 in recurring funds are
 1248  appropriated from the General Revenue Fund to the Department of
 1249  Environmental Protection for the purpose of implementing this
 1250  act.
 1251         Section 15. For the 2013-2014 fiscal year, the sum of
 1252  $66,591 in recurring funds from the Supervision Trust Fund and
 1253  one full-time equivalent position and associated salary rate of
 1254  $50,000 is appropriated to the Department of Management
 1255  Services’ Facilities Program for the purpose of implementing
 1256  this act.
 1257         Section 16. Except as otherwise expressly provided in this
 1258  act, this act shall take effect July 1, 2013.