Senate Bill 1774c1

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    Florida Senate - 1999                           CS for SB 1774

    By the Committee on Governmental Oversight and Productivity;
    and Senator Lee




    302-2049-99

  1                      A bill to be entitled

  2         An act relating to state-owned property;

  3         amending s. 230.23162, F.S.; directing the

  4         Department of Management Services to seek

  5         proposals for the use or transfer of a

  6         specified state facility; requiring the

  7         department to take steps to preserve the

  8         facility; providing an effective date.

  9

10         WHEREAS, the Legislature has affirmed its commitment to

11  the development of public safety, and

12         WHEREAS, this commitment must take into consideration

13  the needs of local communities that wish to enter partnerships

14  with the state of Florida, and

15         WHEREAS, the foundation for a justice partnership is no

16  more evident or important than with our youth, and

17         WHEREAS, the state's commitment to public safety has

18  been evidenced in the development of alternative residential

19  facilities for troubled youth, and

20         WHEREAS, the state must explore all opportunities that

21  make the commitment of public resources the most

22  cost-effective and sound for all residents, and

23         WHEREAS, a working group of public officials,

24  representing state and local government, has made an extensive

25  evaluation and detailed preliminary recommendations for

26  possible uses for the site and assets acquired and owned under

27  former section 985.402, Florida Statutes, and

28         WHEREAS, the interest of the local community in such

29  site continues to be of great concern, and local residents are

30  to be commended for the many hours they have spent in

31  providing information to the working group, and

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    Florida Senate - 1999                           CS for SB 1774
    302-2049-99




  1         WHEREAS, the commitment to public safety can best be

  2  fulfilled through further exploration of creative partnerships

  3  with state and local government and the public and private

  4  sectors, NOW, THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Section 230.23162, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         230.23162  Residential public education facility.--

11         (1)  Ownership of the facility and related assets

12  authorized under former s. 985.402, is transferred to the

13  Department of Management Services. The Department of

14  Management Services shall direct change orders in existing

15  construction contracts necessary to complete construction to

16  the extent necessary to stabilize assets and prepare the

17  facility for future utilization. The Department of Management

18  Services shall provide administrative, site inspection, and

19  security services as necessary to carry out the provisions of

20  this section. The Department of Management Services shall have

21  access to all state funds previously appropriated to the

22  Alternative Education Institute for this purpose.

23         (a)  The Department of Management Services shall

24  continue to work with contractors to weatherize, close in, and

25  stabilize the facility, protect the assets, and resolve any

26  claims regarding the facility.

27         (b)  The Department of Management Services should

28  continue to facilitate interest by private entities or public

29  entities capable of serving as either owner, occupant, or

30  fiscal agent for a public-private partnership. Any entity,

31  public, private, or a public-private partnership, must meet

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    Florida Senate - 1999                           CS for SB 1774
    302-2049-99




  1  all of the criteria specified in the revised Department of

  2  Management Services Request for Proposal dated August 21,

  3  1998, and issued pursuant to chapter 98-209, Laws of Florida.

  4         (2)  The Department of Management Services, in

  5  cooperation with the relevant state agencies, is directed to

  6  continue to receive and evaluate proposals for the use or

  7  transfer of the facility described in subsection (1) and,

  8  after taking into account local and state concerns and

  9  interests, may make a final disposition for use or transfer of

10  such facility, subject to the notice, review, and objection

11  procedures of s. 216.177.

12         (a)  The Department of Management Services shall

13  continue to invite public-agency proposals and related funding

14  requests, from either state or local agencies, to provide an

15  education program for nonadjudicated youth, and also to

16  continue to encourage other proposals and funding requests

17  consistent with state and local community needs and concerns.

18         (b)  Upon request, the Department of Management

19  Services shall continue to work with project proposers who

20  submitted proposals, and an addendum to proposals, to the

21  working group pursuant to chapter 98-209, Laws of Florida.

22         (c)  In considering proposals, the Department of

23  Management Services and the Legislature shall take into

24  account local and state interests and concerns.

25         (2)(a)  A working group is formed to develop a plan for

26  the use of the facility and to develop a request for proposals

27  or request for information for operation of the program by a

28  private contractor. The working group shall be composed of

29  eight members: one member each from the Department of

30  Education, Department of Juvenile Justice, and Department of

31  Children and Family Services; one member appointed by the

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    Florida Senate - 1999                           CS for SB 1774
    302-2049-99




  1  President of the Senate; one member appointed by the Speaker

  2  of the House of Representatives; one representative of the

  3  13th judicial circuit of Hillsborough County, to be appointed

  4  by the Chief Circuit Judge; one representative of the

  5  Hillsborough School District, and one representative from

  6  local law enforcement to be appointed by the Sheriff of

  7  Hillsborough County. The Department of Education shall provide

  8  administrative support for the working group.

  9         (b)  The group shall assess needs of categories of

10  clients served by the member agencies in evaluating possible

11  uses for the facility in meeting the needs of the clients. The

12  group shall identify client categories that may be served

13  through the use of the facility, shall outline a program

14  structure, and shall make further recommendations, including a

15  proposed private provider for implementation. The group should

16  consider previous recommendations for use of the facility, and

17  shall specifically consider the viability of prior proposals

18  submitted for use of the facility in the fiscal year

19  1997-1998. The group shall be formed and activated when this

20  act becomes law.

21         (3)  The Department of Management Services shall survey

22  state agencies, and shall invite bids and proposals from state

23  agencies, local government agencies, federal agencies, and the

24  private sector for the use or disposition of the facility and

25  related assets, no later than June 15, 1998. Notwithstanding

26  any law to the contrary, the Department of Management Services

27  shall set a deadline for receipt of bids and proposals of not

28  less than 3 months after the invitation for bids and proposals

29  is advertised.  By October 1, 1998, the Department of

30  Management Services shall evaluate all bids and proposals and

31  make a recommendation to the working group created under this

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    Florida Senate - 1999                           CS for SB 1774
    302-2049-99




  1  section regarding proposed uses for the facility, taking into

  2  account local and state interests and concerns.

  3         (4)  Taking into consideration the recommendation of

  4  the Department of Management Services, and local and state

  5  concerns and interests, the working group shall, no later than

  6  November 1, 1998, make a final determination for the use or

  7  disposition of the facility and related assets planned,

  8  constructed, acquired, and equipped pursuant to Specific

  9  Appropriation 2012A of the 1994-1995 General Appropriations

10  Act, and shall be disbanded upon that date.  Such

11  determination shall be subject to the notice, review, and

12  objection procedures of s. 216.177. If the final determination

13  made by the working group is objected to under s. 216.177, the

14  final determination for the facility and related assets shall

15  be made by the Legislature during the 1999 Regular Session.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                             SB 1774

21

22  Requires the Department of Management Services to stabilize
    the facility by weatherizing and enclosing it.
23
    Requires the department to continue to facilitate interest in
24  the site by private and public entities.

25  Requires the department to invite proposals to provide an
    educational program for nonadjudicated youths.
26
    Requires the department to continue to work with entities who
27  submitted project proposals.

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