Florida Senate - 2017 CS for SB 1540
By the Committee on Governmental Oversight and Accountability;
and Senator Brandes
1 A bill to be entitled
2 An act relating to the Department of Management
3 Services; amending s. 255.249, F.S.; revising
4 requirements for department rules regarding terms and
5 conditions in lease agreements in which the state is
6 the lessee; authorizing the department to waive
7 inclusion of a clause in a lease agreement if certain
8 conditions are met; providing for construction;
9 amending s. 287.057, F.S.; creating the Statewide
10 Procurement Efficiency Task Force within the
11 department; specifying the purpose and membership of
12 the task force; providing meeting requirements;
13 providing for administrative and technical support of
14 the task force; providing that task force members
15 shall serve without compensation or reimbursement of
16 expenses; requiring the task force to submit a report
17 to the Governor and the Legislature by a certain date;
18 providing for the termination of the task force;
19 requiring the department to prepare a plan regarding
20 the centralized management of state-owned motor
21 vehicles; requiring the department to submit the plan
22 to the Governor and the Legislature by a specified
23 date; prescribing requirements for the plan; requiring
24 the department to conduct certain evaluations while
25 developing the plan; providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Paragraph (e) of subsection (9) of section
30 255.249, Florida Statutes, is amended to read:
31 255.249 Department of Management Services; responsibility;
32 department rules.—
33 (9) The department shall adopt rules providing:
34 (e) Acceptable terms and conditions for inclusion in lease
35 agreements. At a minimum, the
such terms and conditions must
36 include the statement required by s. 255.2502 and the following
37 clause clauses, which may not be amended, supplemented, or
38 waived unless otherwise provided within this paragraph:
39 1. As provided in s. 255.2502, “The State of Florida’s
40 performance and obligation to pay under this contract is
41 contingent upon an annual appropriation by the Legislature.”
42 2. “The lessee has the right to terminate this lease,
43 without penalty, if a state-owned building becomes available to
44 the lessee for occupancy and the lessee has given 6 months’
45 advance written notice to the lessor by certified mail, return
46 receipt requested.” The department may waive the inclusion of
47 the clause required pursuant to this paragraph for a lease
48 agreement for real property that exceeds 50,000 square feet and
49 is located within 30 miles of the State Capitol for a lease
50 period of up to 7 years. The waiver of the clause does not
51 restrict the department from entering into lease agreements for
52 the lease of real property for a period exceeding 7 years.
53 Section 2. The amendment to s. 255.249, Florida Statutes,
54 made by this act does not impair or restrict the terms and
55 conditions of a lease agreement entered into by a state agency
56 in accordance with the requirements of s. 255.249, Florida
57 Statutes, before July 1, 2017.
58 Section 3. Subsection (24) is added to section 287.057,
59 Florida Statutes, to read:
60 287.057 Procurement of commodities or contractual
62 (24) There is created the Statewide Procurement Efficiency
63 Task Force for the purpose of evaluating the effectiveness and
64 value of state and local procurement laws and policies to the
65 taxpayers of this state and determining where inconsistencies in
66 such laws and policies exist.
67 (a) The task force shall be composed of the following 11
69 1. The Secretary of Management Services or his or her
70 designee, who shall serve as chair of the task force.
71 2. Six members appointed by the Governor, as follows:
72 a. One county government official.
73 b. One municipal government official.
74 c. One district school board member.
75 d. Three representatives of the business community.
76 3. Two members appointed by the Speaker of the House of
77 Representatives, as follows:
78 a. A member of the House of Representatives.
79 b. An attorney who is a member in good standing of The
80 Florida Bar and has expertise in procurement law.
81 4. Two members appointed by the President of the Senate, as
83 a. A member of the Senate.
84 b. An attorney who is a member in good standing of The
85 Florida Bar and has expertise in procurement law.
86 (b) Task force members must be appointed by July 31, 2017.
87 By August 31, 2017, the task force shall meet to establish
88 procedures for the conduct of its business and to elect a vice
89 chair. The task force shall meet at the call of the chair. A
90 majority of the members of the task force constitutes a quorum,
91 and a quorum is necessary for the purpose of voting on any
92 action or recommendation of the task force. All meetings shall
93 be held in Tallahassee, unless otherwise decided by the task
94 force, and then no more than two such meetings may be held in
95 other locations for the purpose of taking public testimony.
96 Administrative and technical support shall be provided by the
97 department. Task force members shall serve without compensation
98 and are not entitled to reimbursement for per diem or travel
100 (c) The task force must submit a final report to the
101 Governor, the President of the Senate, and the Speaker of the
102 House of Representatives by July 1, 2018. Such report must, at a
103 minimum, include recommendations for consideration by the
104 Legislature to promote procurement efficiency, streamline
105 procurement policies, establish best management practices, and
106 encourage increased use of state term contracts.
107 (d) The task force is terminated December 31, 2018.
108 Section 4. Centralized fleet management plan.—
109 (1) The Department of Management Services shall prepare a
110 plan regarding the creation, administration, and maintenance of
111 a centralized fleet of state-owned motor vehicles. By December
112 1, 2018, the department shall submit the plan to the Governor,
113 the President of the Senate, and the Speaker of the House of
115 (2) The plan for centralizing all state-owned motor
116 vehicles must provide a method for:
117 (a) Using break-even mileage in the assignment and
118 administration of motor vehicles to state agencies and employees
119 to determine when it becomes cost effective for the state to
120 assign motor vehicles to employees.
121 (b) Managing a fleet of motor vehicles for short-term use
122 and shared-use motor vehicle pools.
123 (c) Developing a motor vehicle replacement plan and budget,
124 which must take into account operating and maintenance costs of
125 the centralized fleet.
126 (d) Purchasing motor vehicles necessary for the operation
127 of the centralized fleet.
128 (e) Repairing and maintaining motor vehicles.
129 (f) Monitoring the use of motor vehicles and enforcing
130 regulations regarding proper use.
131 (g) Maintaining records related to the operation and
132 maintenance of motor vehicles and the administration of the
133 centralized fleet.
134 (h) Disposing of motor vehicles that are no longer needed
135 or the use of which is not cost effective.
136 (i) Monitoring and managing motor vehicle disposal outcomes
137 to determine the most cost-efficient method for disposal of
138 fleet vehicles.
139 (j) Implementing a fuel management program and a
140 standardized methodology for reporting fuel data.
141 (k) Determining when it would be cost-efficient to lease a
142 motor vehicle from a third-party vendor instead of using a
143 state-owned motor vehicle.
144 (l) Determining when it would be cost-efficient to use
145 alternative fuel vehicles, electric vehicles, or extended-range
146 electric vehicles or to lease or purchase such vehicles for
147 fleet use.
148 (m) Equipping fleet motor vehicles with real-time
149 locational monitoring systems.
150 (3) In developing the plan, the department shall evaluate
151 the costs and benefits of operating and maintaining a
152 centralized motor vehicle fleet compared to the costs and
153 benefits of contracting with a third-party vendor for the
154 operation and maintenance of a centralized motor vehicle fleet.
155 Section 5. This act shall take effect July 1, 2017.