Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1074
       
       
       
       
       
       
                                Barcode 248012                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/24/2013 04:33 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Hays moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1105 - 1205
    4  and insert:
    5         (1) The Legislature finds that it is in the best interest
    6  of the state to maximize the use of underused property by
    7  identifying such property and determines that such property
    8  should be used by another governmental entity before procuring
    9  additional facilities for governmental use.
   10         (2) The Underused Property Maximization Program is created
   11  in the Department of Management Services to facilitate the
   12  efficient and cost-effective use of all facilities owned,
   13  leased, rented, or occupied by governmental entities. The
   14  department shall coordinate with the Department of Environmental
   15  Protection to use the systems and inventories created pursuant
   16  to s. 216.0152 and this section in order to comply with this
   17  section.
   18         (3) As used in this section, the term:
   19         (a) “Facility” means buildings, structures, and building
   20  systems, and includes ancillary plants, auxiliary facilities,
   21  educational facilities, educational plants as defined in s.
   22  1013.01, and schools as defined in s. 1003.01. The term does not
   23  include transportation facilities of the state transportation
   24  system, utility facilities, hospital facilities, or correctional
   25  facilities.
   26         (b) “Governmental entity” means a state agency as defined
   27  in s. 216.011, the judicial branch, the water management
   28  districts, a state university, a Florida College System
   29  institution, a county, a county agency, a municipality, a
   30  municipal agency, a special district as defined in s. 189.403, a
   31  school district under s. 1001.30, the Florida School for the
   32  Deaf and the Blind under s. 1000.04(3), the Florida Virtual
   33  School under s. 1000.04(4), and a charter school under s.
   34  1002.33.
   35         (c) “Underused property” means any facility owned, leased,
   36  rented, or otherwise occupied or maintained by a governmental
   37  entity, in which office space that is not currently being used
   38  or planned for future use is available, and includes entire
   39  facilities, as well as underused square footage within a
   40  facility. Current or future use does not include the use of
   41  office space for storage purposes.
   42         (4)By July 1, 2014:
   43         (a) Each governmental entity must conduct and complete an
   44  inventory of all facilities owned or leased by the governmental
   45  entity.
   46         (b)The department shall create, administer, and maintain a
   47  database to be used by each governmental entity to provide and
   48  access information about underused property.
   49         (5) By July 1, 2015, each governmental entity shall input
   50  into the database, in a format prescribed by the department, the
   51  following information relating to its underused property: the
   52  location, occupying entity, ownership, size, condition
   53  assessment, valuations, operating costs, maintenance record,
   54  age, parking and employee facilities, building uses, full-time
   55  equivalent occupancy, known restrictions or historic
   56  designations, leases or subleases, and associated revenues.
   57  Information that is confidential or otherwise exempt from public
   58  disclosure under federal or state law may not be included in the
   59  database. The entity shall update the required information
   60  biannually.
   61         (6) The Department of Management Services and the
   62  Department of Environmental Protection shall, by October 1 of
   63  each year, publish a complete report detailing the inventory of
   64  underused properties of all governmental entities.
   65         (7) When seeking to procure leased or owned facilities, a
   66  governmental entity must first consult the inventory of
   67  underused properties created under this section to determine if
   68  an underused property of another governmental entity will
   69  satisfy its facility needs.
   70         (a) If the governmental entity seeking space determines
   71  that underused property can meet its needs, it shall submit a
   72  business case to the governmental entity that owns or occupies
   73  the underused property which provides, at a minimum, the
   74  proposed use of the space, proposed renovation of the space, an
   75  explanation of how the underused property meets the needs of the
   76  governmental entity, and any proposed plan for purchasing or
   77  leasing the underused property.
   78         (b) The department shall provide suggested forms for
   79  governmental entities to use in preparing a business case for
   80  obtaining the underused property.
   81         (c) If underused property has been identified and multiple
   82  governmental entities are interested in obtaining such property,
   83  preference shall be given to K-20 public educational uses over
   84  other governmental or nonprofit uses.
   85         (8) Disposition of underused property may be made by sale,
   86  lease, or similar means as determined by the governmental entity
   87  that owns or occupies the property.
   88         (a) When evaluating disposition other than sale, the
   89  evaluation must consider disposing of the property in a manner
   90  that provides the greatest combination of benefits to the
   91  general public and avoids uses that are contrary to the public
   92  interest.
   93         (b) A district school board as defined in s. 1003.01; a
   94  board of trustees described in ss. 1001.60(3), 1001.71,
   95  1002.36(4), and 1002.37(2); a governing board of a charter
   96  school identified under s. 1002.33(7); or the governing body,
   97  agency head, or other governing figure of each entity that owns
   98  property must:
   99         1. Hold a public hearing before deciding whether to dispose
  100  of the property; and
  101         2. Make the final decision regarding whether to dispose of
  102  the property based on received business plans.
  103         (c) Grounds for deciding not to dispose of underused
  104  property include suitability, zoning or use conflicts, mission
  105  conflicts, compatibility issues, or a determination that the
  106  property is not conducive to the proposed use.