| 1 | A bill to be entitled | 
| 2 | An act relating to the Department of Management Services; | 
| 3 | amending s. 255.248, F.S.; revising, eliminating, and | 
| 4 | providing additional definitions used in ss. 255.249 and | 
| 5 | 255.25, F.S.; amending s. 255.249, F.S.; substantially | 
| 6 | revising responsibilities of the Department of Management | 
| 7 | Services with respect to the use and management of state- | 
| 8 | owned office buildings and the lease of privately owned | 
| 9 | buildings by the state; providing that the department has | 
| 10 | exclusive authority over, and is the primary contact point | 
| 11 | and managing agent for, existing and future leases to a | 
| 12 | state agency; providing for the right of the department to | 
| 13 | direct an agency to occupy a specific location; precluding | 
| 14 | a state agency from negotiating or executing its own lease | 
| 15 | for space; requiring the department to manage all parking | 
| 16 | activities, including the management of parking structures | 
| 17 | and appurtenant facilities; requiring the department to | 
| 18 | ensure efficient occupancy and allocation of space in | 
| 19 | state-owned buildings and in privately owned buildings | 
| 20 | leased to a state agency; requiring the department to be | 
| 21 | responsible for both custodial and preventative | 
| 22 | maintenance of state-owned buildings and appurtenant | 
| 23 | parking facilities and grounds; requiring an annual | 
| 24 | comprehensive leasing report to the Governor and the | 
| 25 | Legislature; specifying contents of the report; requiring | 
| 26 | the department to adopt specified rules for implementation | 
| 27 | of the section; authorizing the department to procure | 
| 28 | contracts for real estate consulting and for tenant | 
| 29 | brokerage services; authorizing the use of a contractor | 
| 30 | procured to provide such services to assist with the | 
| 31 | execution of specified responsibilities; providing for | 
| 32 | continuing effect of existing contracts; precluding the | 
| 33 | department from executing a lease agreement with specified | 
| 34 | private landlords; providing nonapplicability; creating s. | 
| 35 | 255.2491, F.S.; requiring agencies to identify intraagency | 
| 36 | resources related to leasing and lease administration | 
| 37 | functions by a specified date; requiring the department to | 
| 38 | submit a plan by a specified date identifying positions | 
| 39 | needed to support centralized leasing activities within | 
| 40 | the department; requiring specified state agencies to | 
| 41 | enter into an interagency agreement with the department | 
| 42 | relating to the assumption of centralized leasing | 
| 43 | activities by the department; specifying requirements to | 
| 44 | be contained in the agreement; amending s. 255.25, F.S.; | 
| 45 | substantially revising provisions relating to required | 
| 46 | approval by the department prior to the construction or | 
| 47 | lease of buildings; requiring the department to utilize | 
| 48 | the competitive solicitation process for specified leases; | 
| 49 | requiring an alternative process for leases exempt from | 
| 50 | the competitive solicitation; requiring the department to | 
| 51 | follow a specified process for competitive solicitation | 
| 52 | established in department rule; providing exceptions to | 
| 53 | the competitive solicitation process; requiring the | 
| 54 | department to adopt specified rules; amending ss. 110.171, | 
| 55 | 255.25001, 288.012, 288.1224, 288.1226, 944.10, 957.04, | 
| 56 | 985.682, and 1013.17, F.S.; conforming, correcting, and | 
| 57 | clarifying cross-references; providing effective dates. | 
| 58 | 
 | 
| 59 | Be It Enacted by the Legislature of the State of Florida: | 
| 60 | 
 | 
| 61 | Section 1.  Effective December 1, 2009, section 255.248, | 
| 62 | Florida Statutes, is amended to read: | 
| 63 | 255.248  Definitions; ss. 255.249 and 255.25.--As used in | 
| 64 | ss. 255.249 and 255.25, the term: | 
| 65 | (1)  "Best leasing value" means the highest overall value | 
| 66 | to the state based on objective factors that include, but are | 
| 67 | not limited to, rental rate, renewal rate, operational and | 
| 68 | maintenance costs, tenant-improvement allowance, location, lease | 
| 69 | term, condition of facility, landlord responsibility, amenities, | 
| 70 | and parking. | 
| 71 | (2)  "Competitive solicitation" means an invitation to bid, | 
| 72 | a request for proposals, or an invitation to negotiate. | 
| 73 | (3)  "Department" means the Department of Management | 
| 74 | Services. | 
| 75 | (4)  "Florida Facilities Pool" means the pool of facilities | 
| 76 | created in s. 255.505. | 
| 77 | (5)  "Private lease to a state agency" means any lease for | 
| 78 | space in a privately owned building to one or more executive | 
| 79 | agencies predominantly for administrative direction or support | 
| 80 | functions. | 
| 81 | (6) (4)"Privately owned building" means any building not | 
| 82 | owned by a state governmental agency. | 
| 83 | (5)  "Responsible lessor" means a lessor who has the  | 
| 84 | capability in all respects to fully perform the contract  | 
| 85 | requirements and the integrity and reliability that will assure  | 
| 86 | good faith performance. | 
| 87 | (6)  "Responsive bid," "responsive proposal," or  | 
| 88 | "responsive reply" means a bid or proposal, or reply submitted  | 
| 89 | by a responsive and responsible lessor, which conforms in all  | 
| 90 | material respects to the solicitation. | 
| 91 | (7)  "Responsive lessor" means a lessor that has submitted  | 
| 92 | a bid, proposal, or reply that conforms in all material respects  | 
| 93 | to the solicitation. | 
| 94 | (7) (8)"State-owned office building" means any building | 
| 95 | title to which is vested in the state and which is used by one | 
| 96 | or more executive agencies predominantly for administrative | 
| 97 | direction and support functions. This term excludes: | 
| 98 | (a)  District or area offices established for field  | 
| 99 | operations where law enforcement, military, inspections, road  | 
| 100 | operations, or tourist welcoming functions are performed. | 
| 101 | (b)  All educational facilities and institutions under the  | 
| 102 | supervision of the Department of Education. | 
| 103 | (c)  All custodial facilities and institutions used  | 
| 104 | primarily for the care, custody, or treatment of wards of the  | 
| 105 | state. | 
| 106 | (d)  Buildings or spaces used for legislative activities. | 
| 107 | (e)  Buildings purchased or constructed from agricultural  | 
| 108 | or citrus trust funds. | 
| 109 | Section 2.  Effective December 1, 2009, section 255.249, | 
| 110 | Florida Statutes, is amended to read: | 
| 111 | (Substantial rewording of section. See | 
| 112 | s. 255.249, F.S., for present text.) | 
| 113 | 255.249  Centralized leasing authority; centralized parking | 
| 114 | management; responsibilities of department; annual comprehensive | 
| 115 | leasing report; rules.-- | 
| 116 | (1)  Except as provided in subsection (5), the department | 
| 117 | shall: | 
| 118 | (a)  Have exclusive authority over, and be the primary | 
| 119 | contact point and managing agent for, each existing and future | 
| 120 | lease to a state agency. This authority includes the right of | 
| 121 | the department to direct a state agency to occupy a specific | 
| 122 | location. A state agency may not negotiate or execute its own | 
| 123 | lease for space. | 
| 124 | (b)  Manage all parking activities, including, but not | 
| 125 | limited to, the charging of fees for cost recovery and | 
| 126 | allocation of space at all state-owned buildings managed by the | 
| 127 | department, including the management of parking structures, | 
| 128 | garages, lots, grounds, or similar facilities or areas | 
| 129 | appurtenant to such buildings. | 
| 130 | (c)  Ensure efficient occupancy and allocation of space in | 
| 131 | state-owned buildings and in privately owned buildings leased to | 
| 132 | a state agency. | 
| 133 | (d)  Be responsible for both custodial and preventative | 
| 134 | maintenance of state-owned buildings and any parking facilities | 
| 135 | or grounds appurtenant to such buildings. | 
| 136 | (2)  By September 15, annually, the department shall | 
| 137 | provide to the Executive Office of the Governor and the | 
| 138 | Legislature a comprehensive leasing report detailing: | 
| 139 | (a)  Each private lease to a state agency that is scheduled | 
| 140 | to expire within 24 months, categorized by agency and by | 
| 141 | geographic market. | 
| 142 | (b)  The specifics of each private lease to a state agency, | 
| 143 | including location, square footage, rental rate, and expiration | 
| 144 | date, and a statement expressing whether suitable space is | 
| 145 | expected to be available in a state-owned building upon | 
| 146 | expiration of the lease. | 
| 147 | (c)  The potential financial impact to the Florida | 
| 148 | Facilities Pool rental rate that may be realized from the | 
| 149 | disposition, sale, acquisition, or construction of state-owned | 
| 150 | buildings. | 
| 151 | (d)  Year-over-year percentage changes to occupancy rates, | 
| 152 | maintenance costs, and operating expenses of the Florida | 
| 153 | Facilities Pool. | 
| 154 | (e)  Year-over-year percentage changes to occupancy costs | 
| 155 | by market, space consumption by agency, and space consumption by | 
| 156 | market of the Florida Facilities Pool. | 
| 157 | (f)  An analysis and summary of major market supply and | 
| 158 | demand for the ten largest markets in which the state leases | 
| 159 | space. | 
| 160 | (g)  Recommendations of strategic opportunities for | 
| 161 | consolidations, dispositions, acquisitions, and construction, | 
| 162 | and cost-benefit analyses for each strategic opportunity. | 
| 163 | (3)  The department shall adopt rules pursuant to chapter | 
| 164 | 120 providing for: | 
| 165 | (a)  Performance and execution of all responsibilities and | 
| 166 | authorities granted under this section. | 
| 167 | (b)  The advertisement, receipt, evaluation, and award of | 
| 168 | competitive proposals for leases. The department's rules shall | 
| 169 | include, but not be limited to: | 
| 170 | 1.  A process for requests for bid similar to the process | 
| 171 | prescribed in s. 287.057(1). | 
| 172 | 2.  A process for requests for proposals similar to the | 
| 173 | process prescribed in s. 287.057(2). | 
| 174 | 3.  A process for invitations to negotiate similar to the | 
| 175 | process prescribed in s. 287.057(3). | 
| 176 | (c)  Requirements that all leases shall be awarded to the | 
| 177 | best leasing value, a process for describing best leasing value | 
| 178 | in each advertisement, and a process for determining the best | 
| 179 | leasing value and awarding the lease. | 
| 180 | (d)  Extension criteria for existing leases, the | 
| 181 | termination of an existing lease, and the use of tenant | 
| 182 | improvement funds upon termination of a lease. | 
| 183 | (e)  Methods and guidelines used to validate square footage | 
| 184 | used for the calculation of lease payments. | 
| 185 | (f)  Acceptable terms and conditions for inclusion in lease | 
| 186 | agreements and addenda, which must, at a minimum, include: | 
| 187 | 1.  The following statements: | 
| 188 | a.  "The State of Florida's performance and obligation to | 
| 189 | pay under this contract is contingent upon an annual | 
| 190 | appropriation by the Legislature." | 
| 191 | b.  "The Lessee shall have the right to terminate, without | 
| 192 | penalty, this lease in the event a state-owned building becomes | 
| 193 | available to the Lessee for occupancy upon giving 6 month's | 
| 194 | advance written notice to the Lessor by Certified Mail, Return | 
| 195 | Receipt Requested." | 
| 196 | 2.  A requirement for full disclosure of the names and the | 
| 197 | extent of interest of the owners holding an interest of 4 | 
| 198 | percent or more in any privately owned property leased to the | 
| 199 | state or in the entity holding title to the property. The | 
| 200 | requirement must stipulate that an owner identified under this | 
| 201 | subparagraph is exempt from disclosure of: | 
| 202 | a.  Any beneficial interest which is represented by stock | 
| 203 | in any corporation registered with the Securities and Exchange | 
| 204 | Commission or registered pursuant to chapter 517, which stock is | 
| 205 | for sale to the general public; and | 
| 206 | b.  Any leasehold interest in property located outside the | 
| 207 | territorial boundaries of the United States. | 
| 208 | 3.  A requirement for full disclosure of the names of all | 
| 209 | public officials, agents, or employees holding any interest in | 
| 210 | any privately owned property leased to the state or in the | 
| 211 | entity holding title to the property, and the nature and extent | 
| 212 | of their interest. The requirement must stipulate that a public | 
| 213 | official, agent, or employee identified under this subparagraph | 
| 214 | is exempt from disclosure of: | 
| 215 | a.  Any beneficial interest which is represented by stock | 
| 216 | in any corporation registered with the Securities and Exchange | 
| 217 | Commission or registered pursuant to chapter 517, which stock is | 
| 218 | for sale to the general public; and | 
| 219 | b.  Any leasehold interest in property located outside the | 
| 220 | territorial boundaries of the United States. | 
| 221 | (g)  A standardized format for agency reporting of required | 
| 222 | information. | 
| 223 | (h)  A standard accounting method for reporting agency | 
| 224 | lease costs. | 
| 225 | (i)  A standard method for the assessment of rent to state | 
| 226 | agencies and other authorized occupants of state-owned office | 
| 227 | space, notwithstanding the source of funds. | 
| 228 | (j)  Methods and guidelines for reporting to each agency on | 
| 229 | a quarterly basis with respect to space occupied. | 
| 230 | (4)  Pursuant to s. 287.042(2)(a), the department may | 
| 231 | procure contracts for real estate consulting and for tenant | 
| 232 | brokerage services and may use a contractor procured for those | 
| 233 | purposes to assist with the execution of any responsibility | 
| 234 | prescribed in this section. Any contract between a contractor | 
| 235 | procured to provide real estate consulting or to provide tenant | 
| 236 | brokerage services and the department entered into prior to | 
| 237 | January 1, 2010, shall remain in effect. The department may not | 
| 238 | execute a lease agreement with a private landlord with which a | 
| 239 | contractor procured under this section is engaged to provide | 
| 240 | real estate consulting or tenant brokerage services. | 
| 241 | (5)  This section does not apply to: | 
| 242 | (a)  District or area offices established for field | 
| 243 | operations where law enforcement, military, inspections, road | 
| 244 | operations, or tourist-welcoming functions are performed. | 
| 245 | (b)  Educational facilities and institutions under the | 
| 246 | supervision of the Department of Education. | 
| 247 | (c)  Custodial facilities and institutions used primarily | 
| 248 | for the care, custody, or treatment of wards of the state. | 
| 249 | (d)  Buildings or spaces used for legislative activities. | 
| 250 | (e)  Buildings purchased or constructed from agricultural | 
| 251 | or citrus trust funds. | 
| 252 | (f)  Wireless communications facilities, except as | 
| 253 | stipulated in s. 365.172(12)(f). | 
| 254 | (g)  Department of Transportation right-of-way leases. | 
| 255 | Section 3.  Effective December 1, 2009, section 255.2491, | 
| 256 | Florida Statutes, is created to read: | 
| 257 | 255.2491  Transition to centralized leasing authority; | 
| 258 | agency responsibilities.-- | 
| 259 | (1)  Between July 1, 2009, and October 31, 2009, each | 
| 260 | agency having a private lease to which s. 255.249 applies shall | 
| 261 | work with the department to identify all resources existing | 
| 262 | within its agency relating to leasing and lease administration | 
| 263 | functions, including: | 
| 264 | (a)  Full-time or part-time positions dedicated to real | 
| 265 | estate leasing functions and associated appropriations for those | 
| 266 | positions. | 
| 267 | (b)  Annual appropriations for lease occupancy costs and | 
| 268 | funding sources to support such appropriations. | 
| 269 | (2)  By October 31, 2009, and in conjunction with all | 
| 270 | impacted state agencies, the department shall submit a plan | 
| 271 | identifying positions needed to support centralized leasing | 
| 272 | activities within the department. | 
| 273 | (3)  Effective December 1, 2009, each state agency having a | 
| 274 | private lease to which s. 255.249 applies shall enter into an | 
| 275 | interagency agreement with the department that contains | 
| 276 | provisions: | 
| 277 | (a)  Requiring functional supervision by the department | 
| 278 | over persons in the positions identified in subsection (2) as | 
| 279 | needed to support centralized leasing activities within the | 
| 280 | department. | 
| 281 | (b)  Requiring that all salaries, benefits, and operational | 
| 282 | costs shall remain the obligation of each respective agency | 
| 283 | through June 30, 2010. | 
| 284 | (c)  Requiring the development of policies and procedures | 
| 285 | in conjunction with each agency to carry out the provisions of | 
| 286 | the agreement. | 
| 287 | (d)  Requiring that the department is to act as the | 
| 288 | authorized agent of the agency in any private lease to which s. | 
| 289 | 255.249 applies. | 
| 290 | (e)  Authorizing the department to substitute itself as the | 
| 291 | tenant under any private lease to which s. 255.249 applies, | 
| 292 | subject to any restrictions set forth in the lease, and to | 
| 293 | consider the agency its subtenant without materially changing | 
| 294 | the agency's rights or responsibilities. | 
| 295 | (f)  Specifying other terms that the parties deem | 
| 296 | appropriate to accomplish the efficient transition of | 
| 297 | responsibilities and the general purposes of this section and | 
| 298 | ss. 255.249 and 255.25. | 
| 299 | Section 4.  Section 255.25, Florida Statutes, is amended to | 
| 300 | read: | 
| 301 | (Substantial rewording of section. See | 
| 302 | s. 255.25, F.S., for present text.) | 
| 303 | 255.25  Competitive solicitation; exceptions.-- | 
| 304 | (1)  The department shall utilize the competitive | 
| 305 | solicitation process for leases of 5,000 square feet or greater | 
| 306 | or shall acquire a minimum of 3 written quotes for leases exempt | 
| 307 | from the competitive solicitation process pursuant to subsection | 
| 308 | (2). The department shall follow the process as established in | 
| 309 | rules for competitive solicitation authorized in s. | 
| 310 | 255.249(3)(b). | 
| 311 | (2)  Exceptions to the competitive solicitation process | 
| 312 | identified in subsection (1) shall include: | 
| 313 | (a)  Acquisition of a portion of space destroyed or | 
| 314 | rendered uninhabitable by an act of God, malicious destruction, | 
| 315 | fire, structural failure, or legal action. The term of such | 
| 316 | emergency acquisition shall be no longer than 18 months from the | 
| 317 | commencement of the emergency lease acquired under this chapter. | 
| 318 | (b)  Leases for nominal or no consideration. | 
| 319 | (c)  Leases for a term of less than 120 days. | 
| 320 | (3)  The following leases shall be exempt from the | 
| 321 | competitive solicitation process with written approval of the | 
| 322 | department: | 
| 323 | (a)  Extensions of existing leases if the total of the | 
| 324 | extensions from the original lease termination date does not | 
| 325 | exceed 11 months. | 
| 326 | (b)  Emergency acquisition of space to replace a portion of | 
| 327 | space destroyed or rendered uninhabitable by an act of God, | 
| 328 | fire, malicious destruction, structural failure, or by legal | 
| 329 | action. The term of such emergency acquisition may not exceed 11 | 
| 330 | months unless the original space will be made inhabitable within | 
| 331 | 17 months of the commencement of the emergency lease. | 
| 332 | (c)  Leases that demonstrate best leasing value and public | 
| 333 | benefit through the colocation or consolidation of like public | 
| 334 | services in partnership with municipal or other governmental | 
| 335 | entities. | 
| 336 | (4)  The department shall adopt and publish rules for the | 
| 337 | public to contest the award of leases acquired using the | 
| 338 | competitive solicitation process. | 
| 339 | Section 5.  Effective December 1, 2009, paragraph (m) of | 
| 340 | subsection (3) of section 110.171, Florida Statutes, is amended | 
| 341 | to read: | 
| 342 | 110.171  State employee telecommuting program.-- | 
| 343 | (3)  By September 30, 2009, each state agency shall | 
| 344 | identify and maintain a current listing of the job | 
| 345 | classifications and positions that the agency considers | 
| 346 | appropriate for telecommuting. Agencies that adopt a state | 
| 347 | employee telecommuting program must: | 
| 348 | (m)  Provide measurable financial benefits associated with | 
| 349 | reduced office space requirements, reductions in energy | 
| 350 | consumption, and reductions in associated emissions of | 
| 351 | greenhouse gases resulting from telecommuting. State agencies | 
| 352 | operating in office space owned or managed by the department | 
| 353 | shall consult the facilities program to ensure its consistency | 
| 354 | with the comprehensive strategicleasing reportplanrequired | 
| 355 | under s. 255.249(2) (3)(b). | 
| 356 | Section 6.  Effective December 1, 2009, subsection (2) of | 
| 357 | section 255.25001, Florida Statutes, is amended to read: | 
| 358 | 255.25001  Suspension or delay of specified functions, | 
| 359 | programs, and requirements relating to governmental | 
| 360 | operations.--Notwithstanding the provisions of: | 
| 361 | (2)  Sections 253.025, 255.249, and 255.25, the Department | 
| 362 | of Management Services has the authority to promulgate rules | 
| 363 | pursuant to chapter 120 to be used in determining whether a | 
| 364 | lease-purchase of a state-owned office building is in the best | 
| 365 | interests of the state, which rules provide: | 
| 366 | (a)  Procedures state agencies will follow to certify the | 
| 367 | need for a lease-purchase acquisition for a state-owned office | 
| 368 | building to the Department of Management Services and a | 
| 369 | notification procedure of the department's decision regarding | 
| 370 | state agencies' requests for a lease-purchase agreement. The | 
| 371 | certification process shall include but not be limited to the | 
| 372 | following: | 
| 373 | 1.  Current programmatic space requirements of the state | 
| 374 | agency. | 
| 375 | 2.  Future programmatic space requirements of the state | 
| 376 | agency. | 
| 377 | 3.  Time considerations in providing state-owned office | 
| 378 | building space. | 
| 379 | 4.  An analysis of existing leases affected by the lease- | 
| 380 | purchase agreement. | 
| 381 | (b)  Procedures and document formats for the advertisement, | 
| 382 | competitive bid process, including format of submissions, and | 
| 383 | evaluation of lease-purchase acquisition proposals for state- | 
| 384 | owned office buildings. The evaluation process shall include but | 
| 385 | not be limited to the following: | 
| 386 | 1.  A consideration of the cost of comparable operating | 
| 387 | leases. | 
| 388 | 2.  The appraised value of the facility as required by s. | 
| 389 | 253.025. | 
| 390 | 3.  A present value analysis of the proposed payment | 
| 391 | stream. | 
| 392 | 4.  The cost of financing the facility to be acquired. | 
| 393 | 5.  The cost to repair identified physical defects. | 
| 394 | 6.  The cost to remove identified hazardous substances. | 
| 395 | 7.  An energy analysis. | 
| 396 | 8.  A determination of who is responsible for management | 
| 397 | and maintenance activities. | 
| 398 | 
 | 
| 399 | In order to minimize the cost of the evaluation process, the | 
| 400 | Department of Management Services may develop a multistage | 
| 401 | evaluation process to identify the most cost-efficient proposals | 
| 402 | for extensive evaluation. The studies developed as a result of | 
| 403 | this evaluation process shall be considered confidential and | 
| 404 | exempt from the provisions of s. 119.07(1) to the same extent | 
| 405 | that appraisal reports are considered confidential and exempt | 
| 406 | from the provisions of s. 119.07(1) as provided in s. | 
| 407 | 253.025(6)(d). | 
| 408 | (c)  Acceptable terms and conditions for inclusion in | 
| 409 | lease-purchase agreements, which shall include but not be | 
| 410 | limited to: | 
| 411 | 1.  The assignment of the lease-purchase agreement to other | 
| 412 | governmental entities, including accumulated equity. | 
| 413 | 2.  The ability of the acquiring state agency to sublease a | 
| 414 | portion of the facility, not to exceed 25 percent, to other | 
| 415 | governmental entities. These subleases shall provide for the | 
| 416 | recovery of the agencies' cost of operations and maintenance. | 
| 417 | 
 | 
| 418 | The execution of a lease-purchase is conditioned upon a finding | 
| 419 | by the Department of Management Services that it would be in the | 
| 420 | best interests of the state. The language in this subsection | 
| 421 | shall be considered specific authorization for a lease-purchase | 
| 422 | pursuant to s. 255.25(1)(c)upon the Department of Management | 
| 423 | Services' certification that the lease-purchase is in the best | 
| 424 | interests of the state. Thereafter, the agency is authorized to | 
| 425 | enter into a lease-purchase agreement and to expend operating | 
| 426 | funds for lease-purchase payments. Any facility which is | 
| 427 | acquired pursuant to the processes authorized by this subsection | 
| 428 | shall be considered to be a "state-owned office building" and a | 
| 429 | "state-owned building" as those terms are applied in ss. | 
| 430 | 255.248-255.25. | 
| 431 | (d)  That any costs resulting from the processes authorized | 
| 432 | by this subsection, including but not limited to appraisals, | 
| 433 | environmental analyses, and any other studies which may be | 
| 434 | required under these provisions, shall be borne by the owner of | 
| 435 | the property which is the subject of the proposed lease- | 
| 436 | purchase. | 
| 437 | Section 7.  Effective December 1, 2009, subsection (4) of | 
| 438 | section 288.012, Florida Statutes, is amended to read: | 
| 439 | 288.012  State of Florida foreign offices.--The Legislature | 
| 440 | finds that the expansion of international trade and tourism is | 
| 441 | vital to the overall health and growth of the economy of this | 
| 442 | state. This expansion is hampered by the lack of technical and | 
| 443 | business assistance, financial assistance, and information | 
| 444 | services for businesses in this state. The Legislature finds | 
| 445 | that these businesses could be assisted by providing these | 
| 446 | services at State of Florida foreign offices. The Legislature | 
| 447 | further finds that the accessibility and provision of services | 
| 448 | at these offices can be enhanced through cooperative agreements | 
| 449 | or strategic alliances between state entities, local entities, | 
| 450 | foreign entities, and private businesses. | 
| 451 | (4)  The Office of Tourism, Trade, and Economic | 
| 452 | Development, in connection with the establishment, operation, | 
| 453 | and management of any of its offices located in a foreign | 
| 454 | country, is exempt from the provisions of ss. 255.21, 255.249, | 
| 455 | 255.25, and 255.254 relating to leasing of buildings; ss. 283.33 | 
| 456 | and 283.35 relating to bids for printing; ss. 287.001-287.20 | 
| 457 | relating to purchasing and motor vehicles; and ss. 282.003- | 
| 458 | 282.111 relating to communications, and from all statutory | 
| 459 | provisions relating to state employment. | 
| 460 | (a)  The Office of Tourism, Trade, and Economic Development | 
| 461 | may exercise such exemptions only upon prior approval of the | 
| 462 | Governor. | 
| 463 | (b)  If approval for an exemption under this section is | 
| 464 | granted as an integral part of a plan of operation for a | 
| 465 | specified foreign office, such action shall constitute | 
| 466 | continuing authority for the Office of Tourism, Trade, and | 
| 467 | Economic Development to exercise the exemption, but only in the | 
| 468 | context and upon the terms originally granted. Any modification | 
| 469 | of the approved plan of operation with respect to an exemption | 
| 470 | contained therein must be resubmitted to the Governor for his or | 
| 471 | her approval. An approval granted to exercise an exemption in | 
| 472 | any other context shall be restricted to the specific instance | 
| 473 | for which the exemption is to be exercised. | 
| 474 | (c)  As used in this subsection, the term "plan of | 
| 475 | operation" means the plan developed pursuant to subsection (2). | 
| 476 | (d)  Upon final action by the Governor with respect to a | 
| 477 | request to exercise the exemption authorized in this subsection, | 
| 478 | the Office of Tourism, Trade, and Economic Development shall | 
| 479 | report such action, along with the original request and any | 
| 480 | modifications thereto, to the President of the Senate and the | 
| 481 | Speaker of the House of Representatives within 30 days. | 
| 482 | Section 8.  Effective December 1, 2009, paragraph (b) of | 
| 483 | subsection (9) of section 288.1224, Florida Statutes, is amended | 
| 484 | to read: | 
| 485 | 288.1224  Powers and duties.--The commission: | 
| 486 | (9)  Is authorized to establish and operate tourism offices | 
| 487 | in foreign countries in the execution of its responsibilities | 
| 488 | for promoting the development of tourism. To facilitate the | 
| 489 | performance of these responsibilities, the commission is | 
| 490 | authorized to contract with the commission's direct-support | 
| 491 | organization to establish and administer such offices. Where | 
| 492 | feasible, appropriate, and recommended by the 4-year marketing | 
| 493 | plan, the commission may collocate the programs of foreign | 
| 494 | tourism offices in cooperation with any foreign office operated | 
| 495 | by any agency of this state. | 
| 496 | (b)  The Florida Commission on Tourism, or its direct- | 
| 497 | support organization, in connection with the establishment, | 
| 498 | operation, and management of any of its tourism offices located | 
| 499 | in a foreign country, is exempt from the provisions of ss. | 
| 500 | 255.21, 255.249, 255.25, and 255.254 relating to leasing of | 
| 501 | buildings; ss. 283.33 and 283.35 relating to bids for printing; | 
| 502 | ss. 287.001-287.20 relating to purchasing and motor vehicles; | 
| 503 | and ss. 282.003-282.111 relating to communications, and from all | 
| 504 | statutory provisions relating to state employment, if the laws, | 
| 505 | administrative code, or business practices or customs of the | 
| 506 | foreign country, or political or administrative subdivision | 
| 507 | thereof, in which such office is located are in conflict with | 
| 508 | these provisions. | 
| 509 | Section 9.  Effective December 1, 2009, paragraph (d) of | 
| 510 | subsection (2) of section 288.1226, Florida Statutes, is amended | 
| 511 | to read: | 
| 512 | 288.1226  Florida Tourism Industry Marketing Corporation; | 
| 513 | use of property; board of directors; duties; audit.-- | 
| 514 | (2)  ESTABLISHMENT.--The Florida Commission on Tourism | 
| 515 | shall establish, no later than July 31, 1996, the Florida | 
| 516 | Tourism Industry Marketing Corporation as a direct-support | 
| 517 | organization: | 
| 518 | (d)  Which shall not be considered an agency for the | 
| 519 | purposes of chapters 120, 216, and 287; ss. 255.21, 255.249, | 
| 520 | 255.25, and 255.254, relating to leasing of buildings; ss. | 
| 521 | 283.33 and 283.35, relating to bids for printing; s. 215.31; and | 
| 522 | parts I, II, and IV-VIII of chapter 112. | 
| 523 | Section 10.  Effective December 1, 2009, paragraph (a) of | 
| 524 | subsection (3) of section 944.10, Florida Statutes, is amended | 
| 525 | to read: | 
| 526 | 944.10  Department of Corrections to provide buildings; | 
| 527 | sale and purchase of land; contracts to provide services and | 
| 528 | inmate labor.-- | 
| 529 | (3)(a)  The department may enter into lease-purchase | 
| 530 | agreements to provide correctional facilities for the housing of | 
| 531 | state inmates. However, no such lease-purchase agreement shall | 
| 532 | be entered into without specific legislative authorization of | 
| 533 | that agreement, and funds must be specifically appropriated for | 
| 534 | each lease-purchase agreement. The facilities provided through | 
| 535 | such agreements shall meet the program plans and specifications | 
| 536 | of the department. The department may enter into such lease | 
| 537 | agreements with private corporations and other governmental | 
| 538 | entities. However, notwithstanding the provisions of ss. 255.249 | 
| 539 | and 255.25 s. 255.25(3)(a), no such lease agreement may be | 
| 540 | entered into except upon advertisement for and receipt of | 
| 541 | competitive bids and award to the lowest and best bidder. | 
| 542 | Section 11.  Effective December 1, 2009, paragraph (a) of | 
| 543 | subsection (2) of section 957.04, Florida Statutes, is amended | 
| 544 | to read: | 
| 545 | 957.04  Contract requirements.-- | 
| 546 | (2)  Each contract entered into for the design and | 
| 547 | construction of a private correctional facility or juvenile | 
| 548 | commitment facility must include: | 
| 549 | (a)  Notwithstanding any provision of chapter 255 to the | 
| 550 | contrary, a specific provision authorizing the use of tax-exempt | 
| 551 | financing through the issuance of tax-exempt bonds, certificates | 
| 552 | of participation, lease-purchase agreements, or other tax-exempt | 
| 553 | financing methods. Pursuant to s. 255.25,Approval is hereby | 
| 554 | provided for the lease-purchase of up to two private | 
| 555 | correctional facilities and any other facility authorized by the | 
| 556 | General Appropriations Act. | 
| 557 | Section 12.  Effective December 1, 2009, paragraph (b) of | 
| 558 | subsection (15) of section 985.682, Florida Statutes, is amended | 
| 559 | to read: | 
| 560 | 985.682  Siting of facilities; study; criteria.-- | 
| 561 | (15) | 
| 562 | (b)  Notwithstanding ss. 255.249, 255.25, (1)(b)and | 
| 563 | 255.25001 (2), the department may enter into lease-purchase | 
| 564 | agreements to provide juvenile justice facilities for the | 
| 565 | housing of committed youths contingent upon available funds. The | 
| 566 | facilities provided through such agreements shall meet the | 
| 567 | program plan and specifications of the department. The | 
| 568 | department may enter into such lease agreements with private | 
| 569 | corporations and other governmental entities. However, | 
| 570 | notwithstanding the provisions of ss. 255.249 and 255.25 s.  | 
| 571 | 255.25(3)(a), no such lease agreement may be entered into except | 
| 572 | upon advertisement for the receipt of competitive bids and award | 
| 573 | to the lowest and best bidder except when contracting with other | 
| 574 | governmental entities. | 
| 575 | Section 13.  Effective December 1, 2009, section 1013.17, | 
| 576 | Florida Statutes, is amended to read: | 
| 577 | 1013.17  University leasing in affiliated research and | 
| 578 | development park.--A university is exempt from the requirements | 
| 579 | of ss. 255.249 and 255.25 s. 255.25(3), (4), and (8)when | 
| 580 | leasing educational facilities in a research and development | 
| 581 | park with which the university is affiliated and when the Board | 
| 582 | of Governors certifies in writing that the leasing of such | 
| 583 | educational facilities is in the best interests of the | 
| 584 | university and that the exemption from competitive bid | 
| 585 | requirements would not be detrimental to the state. Leases | 
| 586 | entered into pursuant to this section are subject to the | 
| 587 | provisions of s. 1010.62. | 
| 588 | Section 14.  Except as otherwise specifically provided in | 
| 589 | this act, this act shall take effect July 1, 2009. |