Florida Senate - 2009 CONFERENCE COMMITTEE AMENDMENT
Bill No. CS for SB 1804
Barcode 229380
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
05/08/2009 12:51 PM .
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The Conference Committee on CS for SB 1804 recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (15) is added to section 253.034,
7 Florida Statutes, to read:
8 253.034 State-owned lands; uses.—
9 (15) Before a building or parcel of land is offered for
10 lease, sublease, or sale to a local or federal unit of
11 government or a private party, it shall first be offered for
12 lease to state agencies and state universities, with priority
13 consideration given to state universities.
14 Section 2. Paragraph (k) of subsection (4) of section
15 255.249, Florida Statutes, is amended to read:
16 255.249 Department of Management Services; responsibility;
17 department rules.—
18 (4) The department shall adopt rules pursuant to chapter
19 120 providing:
20 (k) For a lease of less than 5,000 square feet, a method
21 for certification by the agency head or the agency head’s
22 designated representative that all criteria for leasing have
23 been fully complied with and for the filing of a copy of such
24 lease and all supporting documents with the department for its
25 review and approval as to technical sufficiency and whether it
26 is in the best interests of the state.
27 Section 3. Subsection (2) of section 255.25, Florida
28 Statutes, is amended to read:
29 255.25 Approval required prior to construction or lease of
30 buildings.—
31 (2)(a) Except as provided in s. 255.2501, a state agency
32 may not lease a building or any part thereof unless prior
33 approval of the lease conditions and of the need therefor is
34 first obtained from the department. Any approved lease may
35 include an option to purchase or an option to renew the lease,
36 or both, upon such terms and conditions as are established by
37 the department subject to final approval by the head of the
38 Department of Management Services and s. 255.2502.
39 (b) The approval of the department, except for technical
40 sufficiency, need not be obtained For the lease of less than
41 5,000 square feet of space, a state agency must notify the
42 department at least 30 days before the execution of the lease.
43 The department shall review the lease and determine whether
44 suitable space is available in a state-owned building located in
45 the same geographic region. If the department determines that
46 space is not available, the department shall determine whether
47 the state agency lease is in the best interests of the state. If
48 the department determines that the execution of the lease is not
49 in the best interests of the state, the department shall notify
50 the agency proposing the lease, the Governor, and the presiding
51 officers of each house of the Legislature of such finding in
52 writing. within a privately owned building, provided the agency
53 head or the agency head’s designated representative has
54 certified compliance with applicable leasing criteria as may be
55 provided pursuant to s. 255.249(4)(k) and has determined such
56 lease to be in the best interest of the state. A lease that is
57 for a term extending beyond the end of a fiscal year is subject
58 to the provisions of ss. 216.311, 255.2502, and 255.2503.
59 (c) The department shall adopt as a rule uniform leasing
60 procedures for use by each state agency other than the
61 Department of Transportation. Each state agency shall ensure
62 that the leasing practices of that agency are in substantial
63 compliance with the uniform leasing rules adopted under this
64 section and ss. 255.249, 255.2502, and 255.2503.
65 (d) Notwithstanding paragraph (a) and except as provided in
66 ss. 255.249 and 255.2501, a state agency may not lease a
67 building or any part thereof unless prior approval of the lease
68 terms and conditions and of the need therefor is first obtained
69 from the department. The department may not approve any term or
70 condition in a lease agreement which has been amended,
71 supplemented, or waived unless a comprehensive analysis,
72 including financial implications, demonstrates that such
73 amendment, supplement, or waiver is in the state’s long-term
74 best interest. Any approved lease may include an option to
75 purchase or an option to renew the lease, or both, upon such
76 terms and conditions as are established by the department
77 subject to final approval by the head of the Department of
78 Management Services and the provisions of s. 255.2502.
79 Section 4. Present paragraphs (f) through (ee) of
80 subsection (6) of section 627.351, Florida Statutes, are
81 redesignated as paragraphs (g) through (ff), respectively, and a
82 new paragraph (f) is added to that subsection, to read:
83 627.351 Insurance risk apportionment plans.—
84 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
85 (f) The corporation is subject to the provisions of chapter
86 255.
87 Section 5. Database of state-owned property.—
88 (1) The Department of Management Services is directed to
89 create, administer, and maintain a comprehensive database of all
90 state-owned real property. To that end, the Department of
91 Management Services shall prepare a plan to compile the database
92 and address the following issues in the plan:
93 (a) A method for requiring that specific information be
94 provided for each property in the database in order to determine
95 appropriate valuation.
96 (b) A method for maintaining and updating the database.
97 (c) A method for identifying and assessing the database
98 properties for potential disposition.
99 (d) A method for requiring that the Department of
100 Management Services be notified of identified properties for
101 purposes of conducting a strategic valuation and disposition
102 analysis.
103 (2) The Department of Management Services shall submit the
104 plan to the President of the Senate, the Speaker of the House of
105 Representatives, and the Executive Office of the Governor by
106 January 4, 2010.
107 Section 6. In an effort to improve cost efficiencies and
108 maximize revenues to the state, by disposing of surplus
109 property, the Department of Management Services, in coordination
110 with the Board of Trustees of the Internal Improvement Trust
111 Fund, shall begin immediately the disposition process of the
112 Fuller Warren Building, the Bloxham Building, the Bloxham Annex
113 Properties “A, B, and C,” the Firestone Building, and the
114 Winchester Building.
115 Section 7. This act shall take effect July 1, 2009.
116
117 ================= T I T L E A M E N D M E N T ================
118 And the title is amended as follows:
119
120 Delete everything before the enacting clause
121 and insert:
122 A bill to be entitled
123 An act relating to state-owned real property; amending
124 s. 253.034, F.S.; requiring the state to offer to
125 lease state-owned buildings or lands to state agencies
126 and universities before offering them for sale, lease,
127 or sublease to others; amending s. 255.249, F.S.;
128 requiring that the department determine if certain
129 leases are in the best interests of the state;
130 amending s. 255.25, F.S.; requiring that a state
131 agency seeking to lease a privately owned building or
132 land receive a determination from the Department of
133 Management Services that the lease serves the best
134 interests of the state; requiring the department to
135 review the lease and determine if suitable space is
136 available in a state-owned building in the same
137 geographic region; requiring the department to notify
138 the state agency proposing the lease, the Governor,
139 and the Legislature of certain finding; amending s.
140 627.351, F.S.; subjecting Citizens Property Insurance
141 Corporation to ch. 255, F.S., relating to public
142 property and publicly owned buildings; requiring the
143 Department of Management Services to create and
144 maintain a database of state-owned real property;
145 providing requirements for the database; requiring a
146 report to the Governor and Legislature; requiring the
147 Department of Management Services, in coordination
148 with the Board of Trustees of the Internal Improvement
149 Trust Fund, to begin the process of disposing of
150 certain buildings; providing an effective date.