Florida Senate - 2013                             CS for SB 1074
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hays
       
       
       
       592-03472-13                                          20131074c1
    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; requiring state entities to submit a
   21         business plan if a building or parcel is offered for
   22         use to the entity; amending s. 255.248, F.S.; defining
   23         the terms “managing agency” and “tenant broker”;
   24         amending s. 255.249, F.S.; revising the
   25         responsibilities of the Department of Management
   26         Services with respect to state-owned buildings;
   27         prohibiting a state agency from leasing space in a
   28         private building under certain circumstances;
   29         requiring an agency to notify the department of an
   30         early termination of a lease within a certain
   31         timeframe; authorizing the department to direct state
   32         agencies to occupy space in a state-owned building;
   33         authorizing the department to implement renovations in
   34         order to more efficiently use state-owned buildings;
   35         revising the contents of the master leasing report;
   36         authorizing state agencies to use the services of a
   37         tenant broker to provide certain information to the
   38         department; requiring the title entity or managing
   39         agency to report any vacant or underutilized space to
   40         the department; authorizing the department to adopt
   41         additional rules; amending s. 255.25, F.S.; reducing
   42         the amount of square feet which an agency may lease
   43         without department approval; deleting an exemption
   44         that allows an agency to negotiate a replacement lease
   45         under certain circumstances; requiring a state agency
   46         to use a tenant broker to assist with lease actions;
   47         amending s. 255.252, F.S.; specifying that a vendor
   48         for certain energy efficiency contracts must be
   49         selected in accordance with state procurement
   50         requirements; amending s. 255.254, F.S.; revising
   51         provisions relating to requirements for energy
   52         performance analysis for certain buildings; amending
   53         s. 255.257, F.S.; requiring all state-owned facilities
   54         to report energy consumption and cost data; creating
   55         s. 255.46, F.S.; creating the Underused Property
   56         Maximization Program in the Department of Management
   57         Services; providing legislative intent and
   58         definitions; requiring governmental entities to submit
   59         data and the department to establish an inventory of
   60         underused property; requiring governmental entities to
   61         consult such inventory and, if suitable, submit a
   62         business case to the entity that owns or occupies the
   63         property; providing for the disposition of underused
   64         property; requiring the Auditor General to include
   65         findings relating to compliance with this section in
   66         any audits; authorizing the department to adopt rules;
   67         report energy consumption and cost data; amending s.
   68         255.503, F.S.; authorizing the department to charge
   69         state employees fees for the use of parking
   70         facilities; amending ss. 110.171 and 985.682, F.S.;
   71         conforming cross-references; providing an
   72         appropriation; providing effective dates.
   73  
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Section 216.0152, Florida Statutes, is amended
   77  to read:
   78         216.0152 Inventory of state-owned facilities or state
   79  occupied facilities.—
   80         (1) The Department of Management Services shall develop and
   81  maintain an automated inventory of all facilities owned, leased,
   82  rented, or otherwise occupied or maintained by a state any
   83  agency of the state, the judicial branch, or the water
   84  management districts. The inventory data shall be provided
   85  annually by July 1 by the owning or operating agency in a format
   86  prescribed by the department and must shall include the
   87  location, occupying agency, ownership, size, condition
   88  assessment, valuations, operating costs, maintenance record,
   89  age, parking and employee facilities, building uses, full-time
   90  equivalent occupancy, known restrictions or historic
   91  designations, leases or subleases, associated revenues, and
   92  other information as required by in a rule adopted by the
   93  department. The department shall use this data for determining
   94  maintenance needs, conducting strategic analyses, including, but
   95  not limited to, analyzing and identifying candidates for
   96  surplus, valuation, and disposition, and life-cycle cost
   97  evaluations of the facility. Inventory data shall be provided to
   98  the department on or before July 1 of each year by the owning or
   99  operating agency in a format prescribed by the department. The
  100  inventory need not include a condition assessment or maintenance
  101  record of facilities not owned by a state agency, the judicial
  102  branch, or a water management district. The term “facility,” as
  103  used in this section, means buildings, structures, and building
  104  systems, but does not include transportation facilities of the
  105  state transportation system.
  106         (a) For reporting purposes, the Department of
  107  Transportation shall develop and maintain an inventory of the
  108  transportation facilities of the state transportation system.
  109  The Department of Transportation shall also identify and dispose
  110  of surplus property pursuant to ss. 337.25 and 339.04.
  111         (b) The Board of Governors of the State University System
  112  and the Department of Education, respectively, shall develop and
  113  maintain an inventory, in the manner prescribed by the
  114  Department of Management Services, of all state university and
  115  community college facilities and, by July 1 of each year,
  116  provide this inventory shall make the data available in a format
  117  acceptable to the Department of Management Services. By March
  118  15, 2011, the department shall adopt rules pursuant to ss.
  119  120.536 and 120.54 to administer this section.
  120         (2) For the purpose of assessing needed repairs and
  121  renovations of facilities, the Department of Management Services
  122  shall update its inventory with condition information for
  123  facilities of 3,000 square feet or more and cause to be updated
  124  the other inventories required by subsection (1) at least once
  125  every 5 years, but the inventories shall record acquisitions of
  126  new facilities and significant changes in existing facilities as
  127  they occur. The Department of Management Services shall provide
  128  each agency and the judicial branch with the most recent
  129  inventory applicable to that agency or to the judicial branch.
  130  Each agency and the judicial branch shall, in the manner
  131  prescribed by the Department of Management Services, report
  132  significant changes in the inventory as they occur. Items
  133  relating to the condition and life-cycle cost of a facility
  134  shall be updated at least every 5 years.
  135         (2)(3) The Department of Management Services and the
  136  Department of Environmental Protection shall, by October 1 of
  137  each year, every 3 years, publish a complete report detailing
  138  the this inventory of all state-owned facilities, including the
  139  inventories of the Board of Governors of the State University
  140  System, the Department of Education, and the Department of
  141  Transportation, excluding the transportation facilities of the
  142  state transportation system. The annual report of state-owned
  143  real property recommended for disposition required under s.
  144  216.0153 must be included in this report and shall publish an
  145  annual update of the report. The department shall furnish the
  146  updated report to the Executive Office of the Governor and the
  147  Legislature no later than September 15 of each year.
  148         (3) An entity that is required to submit a report under
  149  this section must also submit an inventory of all underused
  150  property it owns, leases, rents, or otherwise occupies or
  151  maintains to the Department of Management Services pursuant to
  152  s. 255.46.
  153         (4) The Department of Management Services shall adopt rules
  154  to administer this section.
  155         Section 2. Paragraph (b) of subsection (3) of section
  156  216.043, Florida Statutes, is amended to read:
  157         216.043 Budgets for fixed capital outlay.—
  158         (3) Each legislative budget request for fixed capital
  159  outlay submitted shall contain:
  160         (b) A full explanation of the basis for each project,
  161  including a description of the program which requires the
  162  facility; an explanation of the inability of existing
  163  facilities, or underused property as identified in s. 255.46, to
  164  meet such requirements; historical background; alternatives; and
  165  anticipated changes in operating costs, both initial and
  166  continuing.
  167         Section 3. Subsection (8) of section 253.031, Florida
  168  Statutes, is amended to read:
  169         253.031 Land office; custody of documents concerning land;
  170  moneys; plats.—
  171         (8) The board shall keep a suitable seal of office. An
  172  impression of this seal shall be made upon the deeds conveying
  173  lands sold by the state, by the Board of Education, and by the
  174  Board of Trustees of the Internal Improvement Trust Fund of this
  175  state; and all such deeds shall be personally signed by the
  176  officers or trustees or their agents as authorized under s.
  177  253.431, making the same and impressed with the said seal and
  178  are shall be operative and valid without witnesses to the
  179  execution thereof; and the impression of such seal on any such
  180  deeds entitles shall entitle the same to record and to be
  181  received in evidence in all courts.
  182         Section 4. Subsection (6) and subsection (15) of section
  183  253.034, Florida Statutes, are amended to read:
  184         253.034 State-owned lands; uses.—
  185         (6) The Board of Trustees of the Internal Improvement Trust
  186  Fund shall determine which lands, the title to which is vested
  187  in the board, may be surplused. For conservation lands, the
  188  board shall determine whether make a determination that the
  189  lands are no longer needed for conservation purposes and may
  190  dispose of them by an affirmative vote of at least three
  191  members. In the case of a land exchange involving the
  192  disposition of conservation lands, the board must determine by
  193  an affirmative vote of at least three members that the exchange
  194  will result in a net positive conservation benefit. For all
  195  other lands, the board shall determine whether make a
  196  determination that the lands are no longer needed and may
  197  dispose of them by an affirmative vote of at least three
  198  members.
  199         (a) For the purposes of this subsection, all lands acquired
  200  by the state before prior to July 1, 1999, using proceeds from
  201  the Preservation 2000 bonds, the Conservation and Recreation
  202  Lands Trust Fund, the Water Management Lands Trust Fund,
  203  Environmentally Endangered Lands Program, and the Save Our Coast
  204  Program and titled to the board, which lands are identified as
  205  core parcels or within original project boundaries are, shall be
  206  deemed to have been acquired for conservation purposes.
  207         (b) For any lands purchased by the state on or after July
  208  1, 1999, before a determination shall be made by the board prior
  209  to acquisition, the board must determine which as to those
  210  parcels must that shall be designated as having been acquired
  211  for conservation purposes. No Lands acquired for use by the
  212  Department of Corrections, the Department of Management Services
  213  for use as state offices, the Department of Transportation,
  214  except those specifically managed for conservation or recreation
  215  purposes, or the State University System or the Florida
  216  Community College System may not shall be designated as having
  217  been purchased for conservation purposes.
  218         (c) At least every 10 years, as a component of each land
  219  management plan or land use plan and in a form and manner
  220  prescribed by rule by the board, each manager shall evaluate and
  221  indicate to the board those lands that are not being used for
  222  the purpose for which they were originally leased. For
  223  conservation lands, the council shall review and shall recommend
  224  to the board whether such lands should be retained in public
  225  ownership or disposed of by the board. For nonconservation
  226  lands, the division shall review such lands and shall recommend
  227  to the board whether such lands should be retained in public
  228  ownership or disposed of by the board.
  229         (d) Lands owned by the board which are not actively managed
  230  by any state agency or for which a land management plan has not
  231  been completed pursuant to subsection (5) must shall be reviewed
  232  by the council or its successor for its recommendation as to
  233  whether such lands should be disposed of by the board.
  234         (e) Before Prior to any decision by the board to surplus
  235  lands, the Acquisition and Restoration Council shall review and
  236  make recommendations to the board concerning the request for
  237  surplusing. The council shall determine whether the request for
  238  surplusing is compatible with the resource values of and
  239  management objectives for such lands.
  240         (f) In reviewing lands owned by the board, the council
  241  shall consider whether such lands would be more appropriately
  242  owned or managed by the county or other unit of local government
  243  in which the land is located. The council shall recommend to the
  244  board whether a sale, lease, or other conveyance to a local
  245  government would be in the best interests of the state and local
  246  government. The provisions of this paragraph in no way limit the
  247  provisions of ss. 253.111 and 253.115. Such lands shall be
  248  offered to the state, county, or local government for a period
  249  of 45 days. Permittable uses for such surplus lands may include
  250  public schools; public libraries; fire or law enforcement
  251  substations; governmental, judicial, or recreational centers;
  252  and affordable housing meeting the criteria of s. 420.0004(3).
  253  County or local government requests for surplus lands shall be
  254  expedited throughout the surplusing process. If the county or
  255  local government does not elect to purchase such lands in
  256  accordance with s. 253.111, then any surplusing determination
  257  involving other governmental agencies shall be made when upon
  258  the board decides deciding the best public use of the lands.
  259  Surplus properties in which governmental agencies have expressed
  260  no interest must shall then be available for sale on the private
  261  market.
  262         (g)1. The sale price of lands determined to be surplus
  263  pursuant to this subsection and s. 253.82 shall be determined by
  264  the division, which shall consider and shall take into
  265  consideration an appraisal of the property, or, if when the
  266  estimated value of the land is $500,000 or less than $100,000, a
  267  comparable sales analysis or a broker’s opinion of value. If the
  268  appraisal referenced in this paragraph yields a value equal to
  269  or greater than $1 million, The division, in its sole
  270  discretion, may require a second appraisal. The individual or
  271  entity that requests requesting to purchase the surplus parcel
  272  shall pay all appraisal costs associated with determining the
  273  property’s value, if any.
  274         1.2.a. A written valuation of land determined to be surplus
  275  pursuant to this subsection and s. 253.82, and related documents
  276  used to form the valuation or which pertain to the valuation,
  277  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  278  I of the State Constitution.
  279         a.b. The exemption expires 2 weeks before the contract or
  280  agreement regarding the purchase, exchange, or disposal of the
  281  surplus land is first considered for approval by the board.
  282         b.c.Before Prior to expiration of the exemption, the
  283  division may disclose confidential and exempt appraisals,
  284  valuations, or valuation information regarding surplus land:
  285         (I) During negotiations for the sale or exchange of the
  286  land.
  287         (II) During the marketing effort or bidding process
  288  associated with the sale, disposal, or exchange of the land to
  289  facilitate closure of such effort or process.
  290         (III) When the passage of time has made the conclusions of
  291  value invalid.
  292         (IV) When negotiations or marketing efforts concerning the
  293  land are concluded.
  294         2.3. A unit of government that acquires title to lands
  295  hereunder for less than appraised value may not sell or transfer
  296  title to all or any portion of the lands to any private owner
  297  for a period of 10 years. Any unit of government seeking to
  298  transfer or sell lands pursuant to this paragraph must shall
  299  first allow the board of trustees to reacquire such lands for
  300  the price at which the board sold such lands.
  301         (h) Parcels with a market value over $500,000 must be
  302  initially offered for sale by competitive bid. The division may
  303  use agents, as authorized by s. 253.431, for this process. Any
  304  parcels unsuccessfully offered for sale by competitive bid, and
  305  parcels with a market value of $500,000 or less, may be sold by
  306  any reasonable means, including procuring real estate services,
  307  open or exclusive listings, competitive bid, auction, negotiated
  308  direct sales, or other appropriate services, to facilitate the
  309  sale.
  310         (i)(h) After reviewing the recommendations of the council,
  311  the board shall determine whether lands identified for surplus
  312  are to be held for other public purposes or whether such lands
  313  are no longer needed. The board may require an agency to release
  314  its interest in such lands. A state For an agency, county, or
  315  local government that has requested the use of a property that
  316  was to be declared as surplus, said agency must secure have the
  317  property under lease within 90 days after being notified that it
  318  may use such property 6 months of the date of expiration of the
  319  notice provisions required under this subsection and s. 253.111.
  320         (j)(i) Requests for surplusing may be made by any public or
  321  private entity or person. All requests shall be submitted to the
  322  lead managing agency for review and recommendation to the
  323  council or its successor. Lead managing agencies shall have 90
  324  days to review such requests and make recommendations. Any
  325  surplusing requests that have not been acted upon within the 90
  326  day time period shall be immediately scheduled for hearing at
  327  the next regularly scheduled meeting of the council or its
  328  successor. Requests for surplusing pursuant to this paragraph
  329  are shall not be required to be offered to local or state
  330  governments as provided in paragraph (f).
  331         (k)(j) Proceeds from any sale of surplus lands pursuant to
  332  this subsection shall be deposited into the fund from which such
  333  lands were acquired. However, if the fund from which the lands
  334  were originally acquired no longer exists, such proceeds shall
  335  be deposited into an appropriate account to be used for land
  336  management by the lead managing agency assigned the lands before
  337  prior to the lands were being declared surplus. Funds received
  338  from the sale of surplus nonconservation lands, or lands that
  339  were acquired by gift, by donation, or for no consideration,
  340  shall be deposited into the Internal Improvement Trust Fund.
  341         (l)(k) Notwithstanding the provisions of this subsection,
  342  no such disposition of land may not shall be made if it such
  343  disposition would have the effect of causing all or any portion
  344  of the interest on any revenue bonds issued to lose the
  345  exclusion from gross income for federal income tax purposes.
  346         (m)(l) The sale of filled, formerly submerged land that
  347  does not exceed 5 acres in area is not subject to review by the
  348  council or its successor.
  349         (n)(m) The board may adopt rules to administer implement
  350  the provisions of this section, which may include procedures for
  351  administering surplus land requests and criteria for when the
  352  division may approve requests to surplus nonconservation lands
  353  on behalf of the board.
  354         (15) Before a building or parcel of land is offered for
  355  lease, sublease, or sale to a local or federal unit of
  356  government or a private party, it must shall first be offered
  357  for lease to state agencies, state universities, and community
  358  colleges, contingent upon the submission of a business plan for
  359  the proposed use of the building or parcel. Within 60 days after
  360  the offer of a surplus building or parcel, a state agency, state
  361  university, or Florida College System institution that requests
  362  the transfer of a surplus building or parcel must develop and
  363  submit a business plan for the proposed use of the building or
  364  parcel. The business plan must, at a minimum, include the
  365  proposed use, the cost of renovation, the replacement cost for a
  366  new building for the same proposed use, a capital improvement
  367  plan for the building, evidence that the building or parcel
  368  meets an existing need that cannot be otherwise met, and other
  369  criteria developed by rule by the board of trustees with
  370  priority consideration given to state universities and community
  371  colleges. A state agency, university, or Florida College System
  372  institution shall community college must submit its business a
  373  plan for review and approval by the Board of Trustees of the
  374  Internal Improvement Trust Fund or its designee regarding the
  375  intended use of the building or parcel of land before approval
  376  of a lease. The board or its designee shall compare the
  377  appraised value of the building or parcel to any submitted
  378  business plan for proposed use of the building or parcel to
  379  determine if the transfer or sale is in the best interest of the
  380  state.
  381         Section 5. Section 255.248, Florida Statutes, is amended to
  382  read:
  383         255.248  Definitions; ss. 255.249 and 255.25.—As used in
  384  this section and ss. 255.249-255.25 255.249 and 255.25, the
  385  term:
  386         (1) “Best leasing value” means the highest overall value to
  387  the state based on objective factors that include, but are not
  388  limited to, rental rate, renewal rate, operational and
  389  maintenance costs, tenant-improvement allowance, location, lease
  390  term, condition of facility, landlord responsibility, amenities,
  391  and parking.
  392         (2) “Competitive solicitation” means an invitation to bid,
  393  a request for proposals, or an invitation to negotiate.
  394         (3) “Department” means the Department of Management
  395  Services.
  396         (4) “Managing agency” means an agency that serves as the
  397  title entity or that leases property from the Board of Trustees
  398  of the Internal Improvement Trust Fund for the operation and
  399  maintenance of a state-owned office building.
  400         (5)(4) “Privately owned building” means any building not
  401  owned by a governmental agency.
  402         (6)(5) “Responsible lessor” means a lessor that who has the
  403  capability in all respects to fully perform the contract
  404  requirements and the integrity and reliability that will assure
  405  good faith performance.
  406         (7)(6) “Responsive bid,” “responsive proposal,” or
  407  “responsive reply” means a bid or proposal, or reply submitted
  408  by a responsive and responsible lessor, which conforms in all
  409  material respects to the solicitation.
  410         (8)(7) “Responsive lessor” means a lessor that has
  411  submitted a bid, proposal, or reply that conforms in all
  412  material respects to the solicitation.
  413         (9)(8) “State-owned office building” means any building
  414  whose title to which is vested in the state and which is used by
  415  one or more executive agencies predominantly for administrative
  416  direction and support functions. The This term excludes:
  417         (a) District or area offices established for field
  418  operations where law enforcement, military, inspections, road
  419  operations, or tourist welcoming functions are performed.
  420         (b) All educational facilities and institutions under the
  421  supervision of the Department of Education.
  422         (c) All custodial facilities and institutions used
  423  primarily for the care, custody, or treatment of wards of the
  424  state.
  425         (d) Buildings or spaces used for legislative activities.
  426         (e) Buildings purchased or constructed from agricultural or
  427  citrus trust funds.
  428         (10) “Tenant broker” means a private real estate broker or
  429  brokerage firm licensed to do business in this state and under
  430  contract with the department to provide real estate transaction,
  431  portfolio management, and strategic planning services for state
  432  agencies.
  433         Section 6. Section 255.249, Florida Statutes, is amended to
  434  read:
  435         255.249 Department of Management Services; responsibility;
  436  department rules.—
  437         (1) The department shall have responsibility and authority
  438  for the operation, custodial care, and preventive maintenance,
  439  repair, alteration, modification, and allocation of space for of
  440  all buildings in the Florida Facilities Pool and adjacent the
  441  grounds located adjacent thereto.
  442         (2) A state agency may not lease space in a private
  443  building that is to be constructed for state use without first
  444  obtaining prior approval of the architectural design and
  445  preliminary construction from the department.
  446         (3)(2) The department shall require a any state agency
  447  planning to terminate a lease for the purpose of occupying space
  448  in a new state-owned office building, the funds for which are
  449  appropriated after June 30, 2000, to state why the proposed
  450  relocation is in the best interest of the state.
  451         (4)(3)(a)An agency that intends to terminate a lease of
  452  privately owned space before the expiration of its base term,
  453  must notify the department 90 days before the termination. The
  454  department shall, to the extent feasible, coordinate the
  455  vacation of privately owned leased space with the expiration of
  456  the lease on that space and, when a lease is terminated before
  457  expiration of its base term, will make a reasonable effort to
  458  place another state agency in the space vacated. A Any state
  459  agency may lease the space in any building that was subject to a
  460  lease terminated by a state agency for a period of time equal to
  461  the remainder of the base term without the requirement of
  462  competitive solicitation.
  463         (5) The department may direct a state agency to occupy, or
  464  relocate to, space in any state-owned office building, including
  465  all state-owned space identified in the Florida State-Owned
  466  Lands and Records Information System managed by the Department
  467  of Environmental Protection.
  468         (6) If expressly authorized by the General Appropriations
  469  Act and, in the best interest of the state, the department may
  470  implement renovations or construction that more efficiently use
  471  state-owned buildings. Such use of tenant-improvement funds
  472  applies only to state-owned buildings, and all expenditures must
  473  be reported by the department in the master leasing report
  474  identified in subsection (8).
  475         (7)(b) The department shall develop and implement a
  476  strategic leasing plan. The strategic leasing plan must shall
  477  forecast space needs for all state agencies and identify
  478  opportunities for reducing costs through consolidation,
  479  relocation, reconfiguration, capital investment, and the
  480  renovation, building, or acquisition of state-owned space.
  481         (8)(c) The department shall annually publish a master
  482  leasing report that includes the strategic leasing plan created
  483  under subsection (7). The department shall annually submit
  484  furnish the master leasing report to the Executive Office of the
  485  Governor and the Legislature by October 1. The report must
  486  provide September 15 of each year which provides the following
  487  information:
  488         (a)1. A list, by agency and by geographic market, of all
  489  leases that are due to expire within 24 months.
  490         (b)2. Details of each lease, including location, size, cost
  491  per leased square foot, lease-expiration date, and a
  492  determination of whether sufficient state-owned office space
  493  will be available at the expiration of the lease to accommodate
  494  affected employees.
  495         (c)3. A list of amendments and supplements to and waivers
  496  of terms and conditions in lease agreements that have been
  497  approved pursuant to s. 255.25(2)(a) during the previous 12
  498  months and an associated comprehensive analysis, including
  499  financial implications, showing that any amendment, supplement,
  500  or waiver is in the state’s long-term best interest.
  501         (d)4. Financial impacts to the Florida Facilities Pool
  502  rental rate due to the sale, removal, acquisition, or
  503  construction of pool facilities.
  504         (e)5. Changes in occupancy rate, maintenance costs, and
  505  efficiency costs of leases in the state portfolio. Changes to
  506  occupancy costs in leased space by market and changes to space
  507  consumption by agency and by market.
  508         (f)6. An analysis of portfolio supply and demand.
  509         (g)7. Cost-benefit analyses of acquisition, build, and
  510  consolidation opportunities, recommendations for strategic
  511  consolidation, and strategic recommendations for disposition,
  512  acquisition, and building.
  513         (h) Recommendations for using capital improvement funds to
  514  implement the consolidation of state agencies into state-owned
  515  office buildings.
  516         (i)8. The updated plan required by s. 255.25(4)(c).
  517         (9)(d)Annually, by June 30: of each year,
  518         (a) Each state agency shall annually provide to the
  519  department all information regarding agency programs affecting
  520  the need for or use of space by that agency, reviews of lease
  521  expiration schedules for each geographic area, active and
  522  planned full-time equivalent data, business case analyses
  523  related to consolidation plans by an agency, a telework program
  524  under s. 110.171, and current occupancy and relocation costs,
  525  inclusive of furnishings, fixtures and equipment, data, and
  526  communications. State agencies may use the services of a tenant
  527  broker in preparing this information.
  528         (b) The title entity or managing agency shall report to the
  529  department any vacant or underutilized space for all state-owned
  530  office buildings and any restrictions that apply to any other
  531  agency occupying the vacant or underutilized space. The title
  532  entity or managing agency shall also notify the department of
  533  any significant changes to its occupancy for the coming fiscal
  534  year.
  535         (10)(4) The department shall adopt rules pursuant to
  536  chapter 120 providing:
  537         (a) Methods for accomplishing the duties outlined in
  538  subsection (1).
  539         (b) Procedures for soliciting and accepting competitive
  540  solicitations for leased space of 2,000 5,000 square feet or
  541  more in privately owned buildings, for evaluating the proposals
  542  received, for exemption from competitive solicitations
  543  requirements of any lease for the purpose of which is the
  544  provision of care and living space for persons or emergency
  545  space needs as provided in s. 255.25(10), and for the securing
  546  of at least three documented quotes for a lease that is not
  547  required to be competitively solicited.
  548         (c) A standard method for determining square footage or any
  549  other measurement used as the basis for lease payments or other
  550  charges.
  551         (d) Methods of allocating space in both state-owned office
  552  buildings and privately owned buildings leased by the state
  553  based on use, personnel, and office equipment.
  554         (e)1. Acceptable terms and conditions for inclusion in
  555  lease agreements.
  556         2.At a minimum, such terms and conditions must shall
  557  include, at a minimum, the following clauses, which may not be
  558  amended, supplemented, or waived:
  559         1.a. As provided in s. 255.2502, “The State of Florida’s
  560  performance and obligation to pay under this contract is
  561  contingent upon an annual appropriation by the Legislature.”
  562         2.b. “The lessee has shall have the right to terminate this
  563  lease, without penalty, if this lease in the event a state-owned
  564  building becomes available to the lessee for occupancy and the
  565  lessee has given upon giving 6 months’ advance written notice to
  566  the lessor by certified mail, return receipt requested.”
  567         (f) State agency use of space identified in the Florida
  568  State-Owned Lands and Records Information System under
  569  subsection (5) Maximum rental rates, by geographic areas or by
  570  county, for leasing privately owned space.
  571         (g) A standard method for the assessment of rent to state
  572  agencies and other authorized occupants of state-owned office
  573  space, notwithstanding the source of funds.
  574         (h) For full disclosure of the names and the extent of
  575  interest of the owners holding a 4-percent or more interest in
  576  any privately owned property leased to the state or in the
  577  entity holding title to the property, for exemption from such
  578  disclosure of any beneficial interest that which is represented
  579  by stock in a any corporation registered with the Securities and
  580  Exchange Commission or registered pursuant to chapter 517, which
  581  stock is for sale to the general public, and for exemption from
  582  such disclosure of any leasehold interest in property located
  583  outside the territorial boundaries of the United States.
  584         (i) For full disclosure of the names of all public
  585  officials, agents, or employees holding any interest in any
  586  privately owned property leased to the state or in the entity
  587  holding title to the property, and the nature and extent of
  588  their interest, for exemption from such disclosure of any
  589  beneficial interest that which is represented by stock in any
  590  corporation registered with the Securities and Exchange
  591  Commission or registered pursuant to chapter 517, which stock is
  592  for sale to the general public, and for exemption from such
  593  disclosure of any leasehold interest in property located outside
  594  the territorial boundaries of the United States.
  595         (j) A method for reporting leases for nominal or no
  596  consideration.
  597         (k) For a lease of less than 2,000 5,000 square feet, a
  598  method for certification by the agency head or the agency head’s
  599  designated representative that all criteria for leasing have
  600  been fully complied with and for the filing of a copy of such
  601  lease and all supporting documents with the department for its
  602  review and approval as to technical sufficiency and whether it
  603  is in the best interests of the state.
  604         (l) A standardized format for state agency reporting of the
  605  information required by paragraph (9)(a) (3)(d).
  606         (m) Procedures for the effective and efficient
  607  administration of this section.
  608         (11)(5) The department shall prepare a form listing all
  609  conditions and requirements adopted pursuant to this chapter
  610  which must be met by any state agency leasing any building or
  611  part thereof. Before executing any lease, this form must shall
  612  be certified by the agency head or the agency head’s designated
  613  representative and submitted to the department.
  614         (12)(6) The department may contract for real estate
  615  consulting or tenant brokerage services in order to carry out
  616  its duties relating to the strategic leasing plan under
  617  subsection (7). The contract must shall be procured pursuant to
  618  s. 287.057. The vendor vendor that is awarded the contract shall
  619  be compensated by the department, subject to the provisions of
  620  the contract, and such compensation is subject to appropriation
  621  by the Legislature. A The real estate consultant or tenant
  622  broker may not receive compensation directly from a lessor for
  623  services that are rendered pursuant to the contract. Moneys paid
  624  by a lessor to the department under a facility-leasing
  625  arrangement are not subject to the charges imposed under s.
  626  215.20.
  627         Section 7. Section 255.25, Florida Statutes, is amended to
  628  read:
  629         255.25  Approval required before prior to construction or
  630  lease of buildings.—
  631         (1)(a)A state agency may not lease space in a private
  632  building that is to be constructed for state use unless prior
  633  approval of the architectural design and preliminary
  634  construction plans is first obtained from the department.
  635         (b) During the term of existing leases, each agency shall
  636  consult with the department regarding opportunities for
  637  consolidation, use of state-owned space, build-to-suit space,
  638  and potential acquisitions; shall monitor market conditions; and
  639  shall initiate a competitive solicitation or, if appropriate,
  640  lease-renewal negotiations for each lease held in the private
  641  sector to effect the best overall lease terms reasonably
  642  available to that agency.
  643         (a) Amendments to leases may be permitted to modify any
  644  lease provisions or any other terms or conditions unless, except
  645  to the extent specifically prohibited under by this chapter.
  646         (b) The department shall serve as a mediator in lease
  647  renewal negotiations if the agency and the lessor are unable to
  648  reach a compromise within 6 months after renegotiation and if
  649  either the agency or lessor requests intervention by the
  650  department.
  651         (c) If When specifically authorized by the General
  652  Appropriations Act, and in accordance with s. 255.2501, if
  653  applicable, the department may approve a lease-purchase, sale
  654  leaseback, or tax-exempt leveraged lease contract or other
  655  financing technique for the acquisition, renovation, or
  656  construction of a state fixed capital outlay project if when it
  657  is in the best interest of the state.
  658         (2)(a) Except as provided in ss. 255.249 and s. 255.2501, a
  659  state agency may not lease a building or any part thereof unless
  660  prior approval of the lease conditions and of the need for the
  661  lease therefor is first obtained from the department. An Any
  662  approved lease may include an option to purchase or an option to
  663  renew the lease, or both, upon such terms and conditions as are
  664  established by the department, subject to final approval by the
  665  head of the department of Management Services and s. 255.2502.
  666         (a)(b) For the lease of less than 2,000 5,000 square feet
  667  of space, including space leased for nominal or no
  668  consideration, a state agency must notify the department at
  669  least 90 30 days before the execution of the lease. The
  670  department shall review the lease and determine whether suitable
  671  space is available in a state-owned or state-leased building
  672  located in the same geographic region. If the department
  673  determines that space is not available, the department shall
  674  determine whether the state agency lease is in the best
  675  interests of the state. If the department determines that the
  676  execution of the lease is not in the best interests of the
  677  state, the department shall notify the agency proposing the
  678  lease, the Governor, the President of the Senate, and the
  679  Speaker of the House of Representatives and the presiding
  680  officers of each house of the Legislature of such finding in
  681  writing. A lease that is for a term extending beyond the end of
  682  a fiscal year is subject to the provisions of ss. 216.311,
  683  255.2502, and 255.2503.
  684         (b)(c) The department shall adopt as a rule uniform leasing
  685  procedures by rule for use by each state agency other than the
  686  Department of Transportation. Each state agency shall ensure
  687  that the leasing practices of that agency are in substantial
  688  compliance with the uniform leasing rules adopted under this
  689  section and ss. 255.249, 255.2502, and 255.2503.
  690         (c)(d)Notwithstanding paragraph (a) and except as provided
  691  in ss. 255.249 and 255.2501, a state agency may not lease a
  692  building or any part thereof unless prior approval of the lease
  693  terms and conditions and of the need therefor is first obtained
  694  from the department. The department may not approve any term or
  695  condition in a lease agreement which has been amended,
  696  supplemented, or waived unless a comprehensive analysis,
  697  including financial implications, demonstrates that such
  698  amendment, supplement, or waiver is in the state’s long-term
  699  best interest. An Any approved lease may include an option to
  700  purchase or an option to renew the lease, or both, upon such
  701  terms and conditions as are established by the department,
  702  subject to final approval by the head of the department, of
  703  Management Services and the provisions of s. 255.2502.
  704         (3)(a) Except as provided in subsection (10), a state
  705  agency may not enter into a lease as lessee for the use of 2,000
  706  5,000 square feet or more of space in a privately owned building
  707  except upon advertisement for and receipt of competitive
  708  solicitations.
  709         1.a. An invitation to bid must shall be made available
  710  simultaneously to all lessors and must include a detailed
  711  description of the space sought; the time and date for the
  712  receipt of bids and of the public opening; and all contractual
  713  terms and conditions applicable to the procurement, including
  714  the criteria to be used in determining the acceptability of the
  715  bid. If the agency contemplates renewing renewal of the
  716  contract, that fact must be stated in the invitation to bid. The
  717  bid must include the price for each year for which the contract
  718  may be renewed. Evaluation of bids must shall include
  719  consideration of the total cost for each year as submitted by
  720  the lessor. Criteria that were not set forth in the invitation
  721  to bid may not be used in determining the acceptability of the
  722  bid.
  723         b. The contract shall be awarded with reasonable promptness
  724  by written notice to the responsible and responsive lessor that
  725  submits the lowest responsive bid. The contract file must
  726  contain a written determination that the bid meets This bid must
  727  be determined in writing to meet the requirements and criteria
  728  set forth in the invitation to bid.
  729         2.a. If an agency determines in writing that the use of an
  730  invitation to bid is not practicable, leased space shall be
  731  procured by competitive sealed proposals. A request for
  732  proposals shall be made available simultaneously to all lessors
  733  and must include a statement of the space sought; the time and
  734  date for the receipt of proposals and of the public opening; and
  735  all contractual terms and conditions applicable to the
  736  procurement, including the criteria, which must include, but
  737  need not be limited to, price, to be used in determining the
  738  acceptability of the proposal. The relative importance of price
  739  and other evaluation criteria must shall be indicated. If the
  740  agency contemplates renewing renewal of the contract, that fact
  741  must be stated in the request for proposals. The proposal must
  742  include the price for each year for which the contract may be
  743  renewed. Evaluation of proposals must shall include
  744  consideration of the total cost for each year as submitted by
  745  the lessor.
  746         b. The contract shall be awarded to the responsible and
  747  responsive lessor whose proposal is determined in writing to be
  748  the most advantageous to the state, taking into consideration
  749  the price and the other criteria set forth in the request for
  750  proposals. The contract file must contain documentation
  751  supporting the basis on which the award is made.
  752         3.a. If the agency determines in writing that the use of an
  753  invitation to bid or a request for proposals will not result in
  754  the best leasing value to the state, the agency may procure
  755  leased space by competitive sealed replies. The agency’s written
  756  determination must specify reasons that explain why negotiation
  757  may be necessary in order for the state to achieve the best
  758  leasing value and must be approved in writing by the agency head
  759  or his or her designee before prior to the advertisement of an
  760  invitation to negotiate. Cost savings related to the agency
  761  procurement process are not sufficient justification for using
  762  an invitation to negotiate. An invitation to negotiate shall be
  763  made available to all lessors simultaneously and must include a
  764  statement of the space sought; the time and date for the receipt
  765  of replies and of the public opening; and all terms and
  766  conditions applicable to the procurement, including the criteria
  767  to be used in determining the acceptability of the reply. If the
  768  agency contemplates renewing renewal of the contract, that fact
  769  must be stated in the invitation to negotiate. The reply must
  770  include the price for each year for which the contract may be
  771  renewed.
  772         b. The agency shall evaluate and rank responsive replies
  773  against all evaluation criteria set forth in the invitation to
  774  negotiate and shall select, based on the ranking, one or more
  775  lessors with which to commence negotiations. After negotiations
  776  are conducted, the agency shall award the contract to the
  777  responsible and responsive lessor that the agency determines
  778  will provide the best leasing value to the state. The contract
  779  file must contain a short, plain statement that explains the
  780  basis for lessor selection and sets forth the lessor’s
  781  deliverables and price pursuant to the contract, and an
  782  explanation of how these deliverables and price provide the best
  783  leasing value to the state.
  784         (b) The department of Management Services shall have the
  785  authority to approve a lease for 2,000 5,000 square feet or more
  786  of space which that covers more than 12 consecutive months 1
  787  fiscal year, subject to the provisions of ss. 216.311, 255.2501,
  788  255.2502, and 255.2503, if such lease is, in the judgment of the
  789  department, in the best interests of the state. In determining
  790  best interest, the department shall consider availability of
  791  state-owned space and analyses of build-to-suit and acquisition
  792  opportunities. This paragraph does not apply to buildings or
  793  facilities of any size leased for the purpose of providing care
  794  and living space to individuals for persons.
  795         (c) The department may approve extensions of an existing
  796  lease of 2,000 5,000 square feet or more of space if such
  797  extensions are determined to be in the best interests of the
  798  state; however, but in no case shall the total of such
  799  extensions may not exceed 11 months. If at the end of the 11th
  800  month an agency still needs that space, it must shall be
  801  procured by competitive bid in accordance with s. 255.249(10)(b)
  802  255.249(4)(b). However, an agency that determines that it is in
  803  its best interest to remain in the space it currently occupies
  804  may negotiate a replacement lease with the lessor if an
  805  independent comparative market analysis demonstrates that the
  806  rates offered are within market rates for the space and the cost
  807  of the new lease does not exceed the cost of a comparable lease
  808  plus documented moving costs. A present-value analysis and the
  809  consumer price index shall be used in the calculation of lease
  810  costs. The term of the replacement lease may not exceed the base
  811  term of the expiring lease.
  812         (d) Any person who files an action protesting a decision or
  813  intended decision pertaining to a competitive solicitation for
  814  space to be leased by the agency pursuant to s. 120.57(3)(b)
  815  shall post with the state agency at the time of filing the
  816  formal written protest a bond payable to the agency in an amount
  817  equal to 1 percent of the estimated total rental of the basic
  818  lease period or $5,000, whichever is greater, which bond is
  819  shall be conditioned on upon the payment of all costs that may
  820  be adjudged against him or her in the administrative hearing in
  821  which the action is brought and in any subsequent appellate
  822  court proceeding. If the agency prevails after completion of the
  823  administrative hearing process and any appellate court
  824  proceedings, it shall recover all costs and charges, which must
  825  shall be included in the final order or judgment, excluding
  826  attorney attorney’s fees. Upon payment of such costs and charges
  827  by the person protesting the award, the bond shall be returned
  828  to him or her. If the person protesting the award prevails, the
  829  bond shall be returned to that person and he or she shall
  830  recover from the agency all costs and charges, which must shall
  831  be included in the final order of judgment, excluding attorney
  832  attorney’s fees.
  833         (e) The agency and the lessor, when entering into a lease
  834  for 2,000 5,000 or more square feet of a privately owned
  835  building, shall, before the effective date of the lease, agree
  836  upon and separately state the cost of tenant improvements which
  837  may qualify for reimbursement if the lease is terminated before
  838  the expiration of its base term. The department shall serve as
  839  mediator if the agency and the lessor are unable to agree. The
  840  amount agreed upon and stated shall, if appropriated, be
  841  amortized over the original base term of the lease on a
  842  straight-line basis.
  843         (f) The unamortized portion of tenant improvements, if
  844  appropriated, shall be paid in equal monthly installments over
  845  the remaining term of the lease. If any portion of the original
  846  leased premises is occupied after termination but during the
  847  original term by a tenant who that does not require material
  848  changes to the premises, the repayment of the cost of tenant
  849  improvements applicable to the occupied but unchanged portion
  850  shall be abated during occupancy. The portion of the repayment
  851  to be abated must shall be based on the ratio of leased space to
  852  unleased space.
  853         (g) Notwithstanding s. 287.056(1), a state agency shall
  854  may, at the sole discretion of the agency head or his or her
  855  designee, use the services of a tenant broker under a state term
  856  contract to assist with a lease action a competitive
  857  solicitation undertaken by the agency, with the exception of
  858  leases between governmental entities. If using In making its
  859  determination whether to use a tenant broker, a state agency
  860  shall consult with the department. A state agency may not use
  861  the services of a tenant broker unless the tenant broker is
  862  under a term contract with the state which complies with
  863  paragraph (h). If a state agency uses the services of a tenant
  864  broker with respect to a transaction, the agency may not enter
  865  into a lease with a any landlord for whom to which the tenant
  866  broker is providing brokerage services for that transaction.
  867         (h) The Department of Management Services may, Pursuant to
  868  s. 287.042(2)(a), the department shall procure a term contracts
  869  contract for tenant broker real estate consulting and brokerage
  870  services. A state agency may not purchase services from the
  871  contract unless the contract has been procured under s.
  872  287.057(1) after March 1, 2007, and contains the following
  873  provisions or requirements:
  874         1. Awarded tenant brokers must maintain an office or
  875  presence in the market served. In awarding the contract,
  876  preference must be given to brokers who that are licensed in
  877  this state under chapter 475 and who that have 3 or more years
  878  of experience in the market served. The contract may be made
  879  with multiple up to three tenant brokers in order to serve the
  880  marketplace in the north, 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 of
  968  Management Services documentation certifying that the facility
  969  meets all of shall withhold approval of any proposed lease until
  970  the construction or renovation plan complies with the uniform
  971  firesafety standards of the Division of State Fire Marshal. The
  972  cost of all modifications or renovations made for the purpose of
  973  bringing leased property into compliance with the uniform
  974  firesafety standards are shall be borne by the lessor. The state
  975  may not take occupancy without the division’s final approval.
  976         (6) Before construction or substantial improvement of any
  977  state-owned building is commenced, the department of Management
  978  Services must determine ascertain that the proposed construction
  979  or substantial improvement complies with the flood plain
  980  management criteria for mitigation of flood hazards, as
  981  prescribed in the October 1, 1986, rules and regulations of the
  982  Federal Emergency Management Agency, and the department shall
  983  monitor the project to assure compliance with the criteria. In
  984  accordance with chapter 120, The department of Management
  985  Services shall adopt rules any necessary rules to ensure that
  986  all such proposed state construction and substantial improvement
  987  of state buildings in designated flood-prone areas complies with
  988  the flood plain management criteria. If Whenever the department
  989  determines that a construction or substantial improvement
  990  project is not in compliance with such with the established
  991  flood plain management criteria, the department may issue an
  992  order to cease all construction or improvement activities until
  993  compliance is obtained, except those activities required to
  994  achieve such compliance.
  995         (7) This section does not apply to any lease having a term
  996  of less than 120 consecutive days for the purpose of securing
  997  the one-time special use of the leased property. This section
  998  does not apply to any lease for nominal or no consideration.
  999         (8) An agency may not enter into more than one lease for
 1000  space in the same privately owned facility or complex within any
 1001  12-month period except upon competitive solicitation.
 1002         (9) Specialized educational facilities, excluding
 1003  classrooms, are shall be exempt from the competitive bid
 1004  requirements for leasing pursuant to this section if the
 1005  executive head of a any state agency certifies in writing that
 1006  the said facility is available from a single source and that the
 1007  competitive bid requirements would be detrimental to the state.
 1008  Such certification must shall include documentation of evidence
 1009  of steps taken to determine sole-source status.
 1010         (10) The department of Management Services may approve
 1011  emergency acquisition of space without competitive bids if
 1012  existing state-owned or state-leased space is destroyed or
 1013  rendered uninhabitable by an act of God, fire, malicious
 1014  destruction, or structural failure, or by legal action, or if
 1015  the agency head certifies in writing that there is an immediate
 1016  danger to the public health, safety, or welfare, or if other
 1017  substantial loss to the state requires emergency action and if
 1018  the chief administrator of the state agency or the chief
 1019  administrator’s designated representative certifies in writing
 1020  that no other agency-controlled space is available to meet this
 1021  emergency need; however, but in no case shall the lease for such
 1022  space may not exceed 11 months. If the lessor elects not to
 1023  replace or renovate the destroyed or uninhabitable facility, the
 1024  agency shall procure the needed space by competitive bid in
 1025  accordance with s. 255.249(10)(b) 255.249(4)(b). If the lessor
 1026  elects to replace or renovate the destroyed or uninhabitable
 1027  facility and the construction or renovations will not be
 1028  complete at the end of the 11-month lease, the agency may modify
 1029  the lease to extend it on a month-to-month basis for up to an
 1030  additional 6 months to allow completion of such construction or
 1031  renovations.
 1032         (11) In any leasing of space which occurs that is
 1033  accomplished without competition, the individuals taking part in
 1034  the development or selection of criteria for evaluation, in the
 1035  evaluation, and in the award processes must shall attest in
 1036  writing that they are independent of, and have no conflict of
 1037  interest in, the entities evaluated and selected.
 1038         Section 8. Subsection (4) of section 255.252, Florida
 1039  Statutes, is amended to read:
 1040         255.252 Findings and intent.—
 1041         (4) In addition to designing and constructing new buildings
 1042  to be energy-efficient, it is the policy of the state to operate
 1043  and maintain state facilities in a manner that minimizes energy
 1044  consumption and maximizes building sustainability and to operate
 1045  facilities leased by the state so as to minimize energy use. It
 1046  is further the policy of the state that the renovation of
 1047  existing state facilities be in accordance with a sustainable
 1048  building rating or a national model green building code. State
 1049  agencies are encouraged to consider shared savings financing of
 1050  energy-efficiency and conservation projects, using contracts
 1051  that split the resulting savings for a specified period of time
 1052  between the state agency and the private firm or cogeneration
 1053  contracts and that otherwise permit the state to lower its net
 1054  energy costs. Such energy contracts may be funded from the
 1055  operating budget. The vendor for such energy contracts may be
 1056  selected in accordance with s. 287.055.
 1057         Section 9. Effective July 1, 2014, subsection (1) of
 1058  section 255.254, Florida Statutes, is amended to read:
 1059         255.254 No facility constructed or leased without life
 1060  cycle costs.—
 1061         (1) A No state agency may not shall lease, construct, or
 1062  have constructed, within limits prescribed in this section, a
 1063  facility without having secured from the department an
 1064  evaluation of life-cycle costs based on sustainable building
 1065  ratings. Furthermore, Construction shall proceed only upon
 1066  disclosing to the department, for the facility chosen, the life
 1067  cycle costs as determined in s. 255.255, the facility’s
 1068  sustainable building rating goal, and the capitalization of the
 1069  initial construction costs of the building. The life-cycle costs
 1070  and the sustainable building rating goal shall be primary
 1071  considerations in the selection of a building design. For leased
 1072  facilities larger buildings more than 2,000 5,000 square feet in
 1073  area within a given building boundary, an energy performance
 1074  analysis that calculates consisting of a projection of the total
 1075  annual energy consumption and energy costs in dollars per square
 1076  foot of major energy-consuming equipment and systems based on
 1077  actual expenses from the last 3 years and projected forward for
 1078  the term of the proposed lease shall be performed. The analysis
 1079  must also compare the energy performance of the proposed lease
 1080  to lease shall only be made where there is a showing that the
 1081  energy costs incurred by the state are minimal compared to
 1082  available like facilities. A lease may not be finalized until
 1083  the energy performance analysis has been approved by the
 1084  department. A lease agreement for any building leased by the
 1085  state from a private sector entity shall include provisions for
 1086  monthly energy use data to be collected and submitted monthly to
 1087  the department by the owner of the building.
 1088         Section 10. Effective July 1, 2014, subsection (1) of
 1089  section 255.257, Florida Statutes, is amended to read:
 1090         255.257 Energy management; buildings occupied by state
 1091  agencies.—
 1092         (1) ENERGY CONSUMPTION AND COST DATA.— Each state agency
 1093  shall collect data on energy consumption and cost for all. The
 1094  data gathered shall be on state-owned facilities and metered
 1095  state-leased facilities of 5,000 net square feet or more. These
 1096  data will be used in the computation of the effectiveness of the
 1097  state energy management plan and the effectiveness of the energy
 1098  management program of each of the state agencies. Collected data
 1099  shall be reported annually to the department in a format
 1100  prescribed by the department.
 1101         Section 11. Section 255.46, Florida Statutes, is created to
 1102  read:
 1103         255.46Underused Property Maximization Program.—
 1104         (1) The Legislature finds that it is in the best interest
 1105  of the state to maximize the use of underused property by
 1106  identifying such property and concluding that such property
 1107  cannot be used by another governmental entity before procuring
 1108  facilities or real property for governmental use or disposing of
 1109  underused property.
 1110         (2) The Underused Property Maximization Program is created
 1111  in the Department of Management Services to facilitate the
 1112  efficient and cost-effective use of all facilities and real
 1113  property owned, leased, rented, or occupied by governmental
 1114  entities. The Department shall coordinate with the Department of
 1115  Environmental Protection to use the systems and inventories
 1116  created pursuant to s. 216.0152 and this section in order to
 1117  comply with this section.
 1118         (3) As used in this section, the term:
 1119         (a) “Facility” means buildings, structures, and building
 1120  systems, and includes ancillary plants, auxiliary facilities,
 1121  educational facilities, and educational plants as defined in s.
 1122  1013.01, and schools as defined in s. 1003.01. The term does not
 1123  include transportation facilities of the state transportation
 1124  system.
 1125         (b) Governmental entity” means a state agency as defined
 1126  in s. 216.011, the judicial branch, the water management
 1127  districts, a state university, a Florida College System
 1128  institution, a county, a county agency, a municipality, a
 1129  municipal agency, a special district as defined in s. 189.043, a
 1130  school district under s. 1001.30, the Florida School for the
 1131  Deaf and the Blind under s. 1000.04(3), the Florida Virtual
 1132  School under s. 1000.04(4), and a charter school under s.
 1133  1002.33.
 1134         (c) “Underused property” means any facility owned, leased,
 1135  rented, or otherwise occupied or maintained by a governmental
 1136  entity, which is not being used to its fullest potential as
 1137  currently designed or configured, and includes entire
 1138  facilities, as well as underused square footage within a
 1139  facility.
 1140         (4)By July 1, 2014:
 1141         (a) Each governmental entity must conduct and complete an
 1142  inventory of all facilities and real property owned or leased by
 1143  the governmental entity.
 1144         (b)The department shall create, administer, and maintain a
 1145  database to be used by each governmental entity to provide and
 1146  access information about underused property.
 1147         (5) By July 1, 2015, each governmental entity shall input
 1148  into the database, in a format prescribed by the department, the
 1149  following information relating to its underused property: the
 1150  location, occupying entity, ownership, size, condition
 1151  assessment, valuations, operating costs, maintenance record,
 1152  age, parking and employee facilities, building uses, full-time
 1153  equivalent occupancy, known restrictions or historic
 1154  designations, leases or subleases, and associated revenues.
 1155  Information that is confidential or otherwise exempt from public
 1156  disclosure under federal or state law may not be included in the
 1157  database. The entity shall update the required information
 1158  quarterly.
 1159         (6) The Department of Management Services and the
 1160  Department of Environmental Protection shall, by October 1 of
 1161  each year, publish a complete report detailing the inventory of
 1162  underused properties of all governmental entities.
 1163         (7) When seeking to procure leased or owned facilities, a
 1164  governmental entity must first consult the inventory of
 1165  underused properties created under this section to determine if
 1166  an underused property of another governmental entity will
 1167  satisfy its facility needs.
 1168         (a) If the governmental entity seeking space determines
 1169  that underused property can meet its needs, it shall submit a
 1170  business case to the governmental entity that owns or occupies
 1171  the underused property which provides, at a minimum, the
 1172  proposed use of the space, proposed renovation of the space, an
 1173  explanation of how the underused property meets the needs of the
 1174  governmental entity, and any proposed plan for purchasing or
 1175  leasing the underused property.
 1176         (b) The department shall provide suggested forms for
 1177  governmental entities to use in preparing a business case for
 1178  obtaining the underused property.
 1179         (c) If underused property has been identified and multiple
 1180  governmental entities are interested in obtaining such property,
 1181  preference shall be given to K-20 public educational uses over
 1182  other governmental or nonprofit uses.
 1183         (8) Disposition of underused property may be made by sale,
 1184  lease, or similar means as determined by the governmental entity
 1185  that owns or occupies the property.
 1186         (a) When evaluating disposition other than sale, the
 1187  evaluation must consider disposing of the property in a manner
 1188  that provides the greatest combination of benefits to the
 1189  general public and avoid uses that are contrary to the public
 1190  interest.
 1191         (b) A district school board as defined in s. 1003.01; a
 1192  board of trustees described in ss. 1001.60(3), 1001.71,
 1193  1002.36(4), and 1002.37(2); a governing board of a charter
 1194  school identified under s. 1002.33(7); or the governing body,
 1195  agency head, or other governing figure of each entity that owns
 1196  property must:
 1197         1. Hold a public hearing before deciding whether to dispose
 1198  of the property; and
 1199         2. Make the final decision regarding whether to dispose of
 1200  the property based on received business plans.
 1201         (c) Grounds for refusing to dispose of underused property
 1202  include suitability, zoning or use conflicts, mission conflicts,
 1203  compatibility issues, or a determination that the property is
 1204  not conducive to the proposed use.
 1205         (9) The Auditor General shall include findings relating to
 1206  a governmental entity’s compliance with this section in any
 1207  audits conducted pursuant to s. 11.45.
 1208         (10)The department shall adopt rules to administer this
 1209  section, including the procedures and requirements for
 1210  submitting and updating the information and documentation
 1211  relating to underused property.
 1212         Section 12. Subsection (4) of section 255.503, Florida
 1213  Statutes, is amended to read:
 1214         255.503 Powers of the Department of Management Services.
 1215  The Department of Management Services shall have all the
 1216  authority necessary to carry out and effectuate the purposes and
 1217  provisions of this act, including, but not limited to, the
 1218  authority to:
 1219         (4) Operate existing state-owned facilities in the pool,
 1220  including charging fees directly to state employees for the use
 1221  of parking facilities, and to pledge rentals or charges for such
 1222  facilities for the improvement, repair, maintenance, and
 1223  operation of such facilities, or to finance the acquisition of
 1224  facilities pursuant to the provisions of this act.
 1225         Section 13. Subsection (7) of section 110.171, Florida
 1226  Statutes, is amended to read:
 1227         110.171 State employee telework program.—
 1228         (7) Agencies that have a telework program shall establish
 1229  and track performance measures that support telework program
 1230  analysis and report data annually to the department in
 1231  accordance with s. 255.249(9) 255.249(3)(d). Such measures must
 1232  include, but need not be limited to, those that quantify
 1233  financial impacts associated with changes in office space
 1234  requirements resulting from the telework program. Agencies
 1235  operating in office space owned or managed by the department
 1236  shall consult the department to ensure consistency with the
 1237  strategic leasing plan required under s. 255.249(7)
 1238  255.249(3)(b).
 1239         Section 14. Paragraph (b) of subsection (15) of section
 1240  985.682, Florida Statutes, is amended to read:
 1241         985.682 Siting of facilities; study; criteria.—
 1242         (15)
 1243         (b) Notwithstanding s. 255.25(1)(b), the department may
 1244  enter into lease-purchase agreements to provide juvenile justice
 1245  facilities for the housing of committed youths, contingent upon
 1246  available funds. The facilities provided through such agreements
 1247  must shall meet the program plan and specifications of the
 1248  department. The department may enter into such lease agreements
 1249  with private corporations and other governmental entities.
 1250  However, notwithstanding the provisions of s. 255.25(3)(a), a no
 1251  such lease agreement may not be entered into except upon
 1252  advertisement for the receipt of competitive bids and award to
 1253  the lowest and best bidder except if when contracting with other
 1254  governmental entities.
 1255         Section 15. For the 2013-2014 fiscal year, the sums of
 1256  $950,000 in nonrecurring and $50,000 in recurring funds are
 1257  appropriated from the General Revenue Fund to the Department of
 1258  Environmental Protection for the purpose of implementing this
 1259  act.
 1260         Section 16. Except as otherwise expressly provided in this
 1261  act, this act shall take effect July 1, 2013.