Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1540
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2017           .                                
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       The Committee on Governmental Oversight and Accountability
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 17
    4  insert:
    5         Section 1. Paragraph (e) of subsection (9) of section
    6  255.249, Florida Statutes, is amended to read:
    7         255.249 Department of Management Services; responsibility;
    8  department rules.—
    9         (9) The department shall adopt rules providing:
   10         (e) Acceptable terms and conditions for inclusion in lease
   11  agreements. At a minimum, the such terms and conditions must
   12  include the statement required by s. 255.2502 and the following
   13  clause clauses, which may not be amended, supplemented, or
   14  waived unless otherwise provided within this paragraph:
   15         1. As provided in s. 255.2502, “The State of Florida’s
   16  performance and obligation to pay under this contract is
   17  contingent upon an annual appropriation by the Legislature.”
   18         2. “The lessee has the right to terminate this lease,
   19  without penalty, if a state-owned building becomes available to
   20  the lessee for occupancy and the lessee has given 6 months’
   21  advance written notice to the lessor by certified mail, return
   22  receipt requested.” The department may waive the inclusion of
   23  the clause required pursuant to this paragraph for a lease
   24  agreement for real property that exceeds 50,000 square feet and
   25  is located within 30 miles of the State Capitol for a lease
   26  period of up to 7 years. The waiver of the clause does not
   27  restrict the department from entering into lease agreements for
   28  the lease of real property for a period exceeding 7 years.
   29         Section 2. The amendment to s. 255.249, Florida Statutes,
   30  made by this act does not impair or restrict the terms and
   31  conditions of a lease agreement entered into by a state agency
   32  in accordance with the requirements of s. 255.249, Florida
   33  Statutes, before July 1, 2017.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete line 3
   38  and insert:
   39         Services; amending s. 255.249, F.S.; revising
   40         requirements for department rules regarding terms and
   41         conditions in lease agreements in which the state is
   42         the lessee; authorizing the department to waive
   43         inclusion of a clause in a lease agreement if certain
   44         conditions are met; providing for construction;
   45         amending s. 287.057, F.S.; creating the