Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1074
Barcode 665952
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2013 .
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The Committee on Environmental Preservation and Conservation
(Gardiner) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1067 and 1068
4 insert:
5 Section 10. Section 255.46, Florida Statutes, is created to
6 read:
7 255.46 Underused Property Maximization Program.—
8 (1) The Legislature finds that it is in the best interest
9 of the state to maximize the use of underused property by
10 identifying such property and concluding that such property
11 cannot be used by another governmental entity before procuring
12 facilities or real property for governmental use or disposing of
13 underused property.
14 (2) The Underused Property Maximization Program is created
15 in the Department of Management Services to facilitate the
16 efficient and cost-effective use of all facilities and real
17 property owned, leased, rented, or occupied by governmental
18 entities. The Department shall coordinate with the Department of
19 Environmental Protection to use the systems and inventories
20 created pursuant to s. 216.0152 and this section in order to
21 comply with this section.
22 (3) As used in this section, the term:
23 (a) “Facility” means buildings, structures, and building
24 systems, and includes ancillary plants, auxiliary facilities,
25 educational facilities, and educational plants as defined in s.
26 1013.01, and schools as defined in s. 1003.01. The term does not
27 include transportation facilities of the state transportation
28 system.
29 (b) “Governmental entity” means a state agency as defined
30 in s. 216.011, the judicial branch, the water management
31 districts, a state university, a Florida College System
32 institution, a county, a county agency, a municipality, a
33 municipal agency, a special district as defined in s. 189.043, a
34 school district under s. 1001.30, the Florida School for the
35 Deaf and the Blind under s. 1000.04(3), the Florida Virtual
36 School under s. 1000.04(4), and a charter school under s.
37 1002.33.
38 (c) “Underused property” means any facility owned, leased,
39 rented, or otherwise occupied or maintained by a governmental
40 entity, which is not being used to its fullest potential as
41 currently designed or configured, and includes entire
42 facilities, as well as underused square footage within a
43 facility.
44 (4) By July 1, 2014:
45 (a) Each governmental entity must conduct and complete an
46 inventory of all facilities and real property owned or leased by
47 the governmental entity.
48 (b) The department shall create, administer, and maintain a
49 database to be used by each governmental entity to provide and
50 access information about underused property.
51 (5) By July 1, 2015, each governmental entity shall input
52 into the database, in a format prescribed by the department, the
53 following information relating to its underused property: the
54 location, occupying entity, ownership, size, condition
55 assessment, valuations, operating costs, maintenance record,
56 age, parking and employee facilities, building uses, full-time
57 equivalent occupancy, known restrictions or historic
58 designations, leases or subleases, and associated revenues.
59 Information that is confidential or otherwise exempt from public
60 disclosure under federal or state law may not be included in the
61 database. The entity shall update the required information
62 quarterly.
63 (6) The Department of Management Services and the
64 Department of Environmental Protection shall, by October 1 of
65 each year, publish a complete report detailing the inventory of
66 underused properties of all governmental entities.
67 (7) When seeking to procure leased or owned facilities, a
68 governmental entity must first consult the inventory of
69 underused properties created under this section to determine if
70 an underused property of another governmental entity will
71 satisfy its facility needs.
72 (a) If the governmental entity seeking space determines
73 that underused property can meet its needs, it shall submit a
74 business case to the governmental entity that owns or occupies
75 the underused property which provides, at a minimum, the
76 proposed use of the space, proposed renovation of the space, an
77 explanation of how the underused property meets the needs of the
78 governmental entity, and any proposed plan for purchasing or
79 leasing the underused property.
80 (b) The department shall provide suggested forms for
81 governmental entities to use in preparing a business case for
82 obtaining the underused property.
83 (c) If underused property has been identified and multiple
84 governmental entities are interested in obtaining such property,
85 preference shall be given to K-20 public educational uses over
86 other governmental or nonprofit uses.
87 (8) Disposition of underused property may be made by sale,
88 lease, or similar means as determined by the governmental entity
89 that owns or occupies the property.
90 (a) When evaluating disposition other than sale, the
91 evaluation must consider disposing of the property in a manner
92 that provides the greatest combination of benefits to the
93 general public and avoid uses that are contrary to the public
94 interest.
95 (b) A district school board as defined in s. 1003.01; a
96 board of trustees described in ss. 1001.60(3), 1001.71,
97 1002.36(4), and 1002.37(2); a governing board of a charter
98 school identified under s. 1002.33(7); or the governing body,
99 agency head, or other governing figure of each entity that owns
100 property must:
101 1. Hold a public hearing before deciding whether to dispose
102 of the property; and
103 2. Make the final decision regarding whether to dispose of
104 the property based on received business plans.
105 (c) Grounds for refusing to dispose of underused property
106 include suitability, zoning or use conflicts, mission conflicts,
107 compatibility issues, or a determination that the property is
108 not conducive to the proposed use.
109 (9) The Auditor General shall include findings relating to
110 a governmental entity’s compliance with this section in any
111 audits conducted pursuant to s. 11.45.
112 (10) The department shall adopt rules to administer this
113 section, including the procedures and requirements for
114 submitting and updating the information and documentation
115 relating to underused property.
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 Delete line 47
120 and insert:
121 s. 255.257, F.S.; requiring all state-owned facilities
122 to report energy consumption and cost data; creating
123 s. 255.46, F.S.; creating the Underused Property
124 Maximization Program in the Department of Management
125 Services; providing legislative intent and
126 definitions; requiring governmental entities to submit
127 data and the department to establish an inventory of
128 underused property; requiring governmental entities to
129 consult such inventory and, if suitable, submit a
130 business case to the entity that owns or occupies the
131 property; providing for the disposition of underused
132 property; requiring the Auditor General to include
133 findings relating to compliance with this section in
134 any audits; authorizing the department to adopt rules;
135 amending s.