Florida Senate - 2017                                    SB 1668
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01175A-17                                           20171668__
    1                        A bill to be entitled                      
    2         An act relating to the use of state funds; amending s.
    3         112.061, F.S.; providing a limitation on actual
    4         expenses of certain lodging that may be reimbursed for
    5         a state agency or judicial branch employee;
    6         authorizing an employee to expend his or her own funds
    7         on lodging expenses that exceed a specified amount;
    8         creating s. 216.0161, F.S.; providing definitions;
    9         requiring a state entity that requests state funds for
   10         the construction of a new building to comply with
   11         maximum cost per square foot requirements;
   12         establishing maximum cost per square foot guidelines
   13         for new state-funded construction; requiring the
   14         Department of Management Services to annually review
   15         the maximum cost per square foot guidelines and
   16         recommend adjustments, based on a specified federal
   17         index, to the Executive Office of the Governor and the
   18         appropriations committees of the Legislature for
   19         review and consideration for inclusion in the
   20         legislative budget instructions; specifying the
   21         formula to be used in deriving the cost per square
   22         foot of a proposed new building; prohibiting the cost
   23         per square foot from exceeding the prescribed maximum
   24         cost per square foot; requiring the department to
   25         review certain plans, calculate and certify certain
   26         costs, and provide specified information concerning
   27         construction of a new building at the request of a
   28         state entity; prohibiting a state entity from
   29         requesting state funds for new building construction
   30         which exceed specified amounts without the
   31         department’s certification; requiring a state entity
   32         head to certify that each legislative budget request
   33         complies with the requirements of specified
   34         provisions; prohibiting a state entity from spending
   35         or contracting to spend state funds for new building
   36         construction if certain costs exceed authorized cost
   37         per square foot amounts; providing penalties; amending
   38         s. 216.023, F.S.; requiring legislative budget
   39         requests for fixed capital outlay for new building
   40         construction to adhere to maximum cost per square foot
   41         requirements; amending s. 286.27, F.S.; prohibiting
   42         the use of state funds to purchase alcoholic beverages
   43         and to purchase food or beverages for certain state
   44         agency appreciation or recognition events; providing
   45         an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Present paragraph (c) of subsection (6) of
   50  section 112.061, Florida Statutes, is redesignated as paragraph
   51  (d), paragraph (a) of subsection (6) of that section is amended,
   52  and a new paragraph (c) is added to that subsection, to read:
   53         112.061 Per diem and travel expenses of public officers,
   54  employees, and authorized persons.—
   55         (6) RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE.—For
   56  purposes of reimbursement rates and methods of calculation, per
   57  diem and subsistence allowances are provided as follows:
   58         (a) All travelers shall be allowed for subsistence when
   59  traveling to a convention or conference or when traveling within
   60  or outside the state in order to conduct bona fide state
   61  business, which convention, conference, or business serves a
   62  direct and lawful public purpose with relation to the public
   63  agency served by the person attending such meeting or conducting
   64  such business, either of the following for each day of such
   65  travel at the option of the traveler:
   66         1. Eighty dollars per diem; or
   67         2. If actual expenses exceed $80, the amounts permitted in
   68  paragraph (b) for subsistence, plus actual expenses for lodging
   69  at a single-occupancy rate, except as provided in paragraph (c),
   70  to be substantiated by paid bills therefor.
   71  
   72  When lodging or meals are provided at a state institution, the
   73  traveler shall be reimbursed only for the actual expenses of
   74  such lodging or meals, not to exceed the maximums maximum
   75  provided for in this subsection.
   76         (c)Actual expenses for lodging associated with the
   77  attendance of an employee of a state agency or the judicial
   78  branch at a meeting, conference, or convention organized or
   79  sponsored in whole or in part by a state agency or the judicial
   80  branch may not exceed $150 per day. However, an employee may
   81  expend his or her own funds for any lodging expenses that exceed
   82  $150 per day.
   83         Section 2. Section 216.0161, Florida Statutes, is created
   84  to read:
   85         216.0161Maximum cost per square foot for new state-funded
   86  building construction.—
   87         (1)As used in this section, the term:
   88         (a)“Art” means the artwork for a new state-funded building
   89  as set forth in s. 255.043.
   90         (b)“Building” means an office building, a courthouse, an
   91  administrative building, or a university or college classroom
   92  building or auditorium building. The term does not include a
   93  nursing, medical, laboratory, science, technology, correctional,
   94  residential, or food service facility or a facility with less
   95  than 10,000 total square feet.
   96         (c)“Core costs” means the costs associated with providing
   97  infrastructure for the core areas of each floor of a building,
   98  including potable domestic water risers, separate sanitary and
   99  storm drain systems, sanitary vents, electrical power
  100  distribution panels, circuit breakers, electrical closets, a
  101  designated connection point to the central fire alarm system,
  102  distribution backboards within wire closets, and connections to
  103  horizontal extensions within a tenant’s usable area.
  104         (d)“Department” means the Department of Management
  105  Services.
  106         (e)“DRI” means large projects that require a development
  107  of-regional-impact review and permit as set forth in s. 380.06.
  108         (f)“Furniture, fixtures, and equipment” means the movable
  109  furniture, fixtures, and other equipment that have no permanent
  110  connection to the structure of a building.
  111         (g)“Maximum cost per square foot” means the maximum cost
  112  per square foot as determined in subsection (3) or in the
  113  legislative budget instructions for the construction of a new
  114  building.
  115         (h)“Permitting costs” means the costs or fees required to
  116  obtain relevant permission to undertake a new building
  117  construction project, including, but not limited to,
  118  environmental permits, building permits, State Fire Marshal
  119  reviews, utility connection fees, impact fees, and the
  120  department’s project management fees.
  121         (i)“Professional service fees” means the fees charged by
  122  construction design professionals, including engineers, who are
  123  utilized in planning and designing an energy-efficient and
  124  sustainable building that meets the goals identified in s.
  125  255.252.
  126         (j)“Raw building construction costs” means the costs
  127  associated with the building construction contract, including
  128  the cost of materials and the cost of labor and equipment
  129  necessary to install materials. The term includes shell costs,
  130  core costs, and tenant costs.
  131         (k)“Shell costs” means the costs associated with the
  132  building structure, exterior envelope physical characteristics,
  133  vertical circulation, public spaces, and physical plant support
  134  spaces of a building.
  135         (l)“State entity” means a state agency or department, the
  136  judicial branch, a state university, or a state college.
  137         (m)“Tenant costs” means the costs associated with the
  138  design and construction for the installation of materials; HVAC,
  139  electrical, and plumbing systems; and lifesafety items to meet
  140  the tenant office layout needs that are within the shell and
  141  core of a building. The term does not include the cost of
  142  furniture, fixtures, and equipment.
  143         (n)“Total construction cost” means the total of the raw
  144  building construction costs; permitting costs; cost to install
  145  utility services; professional service fees; and art, furniture,
  146  fixtures, and equipment costs. The term does not include the
  147  cost for the real property, parking areas, and parking
  148  structures.
  149         (2)A state entity that requests state funds to construct
  150  or contract for the construction of a new building must comply
  151  with the maximum cost per square foot requirements. The state
  152  entity shall apply the maximum cost per square foot amount using
  153  the region that is in closest proximity to the region in which
  154  the new building will be constructed, taking into consideration
  155  whether the building is part of a DRI.
  156         (3)(a)For the 2017-2018 fiscal year, the maximum cost per
  157  square foot shall be:
  158  
  159  Region                Cost per sq. ft. w/o DRICost per sq. ft. w/ DRI
  160  Fort Myers            $365.98               $491.37               
  161  Jacksonville          $397.16               $494.84               
  162  Miami                 $564.55               $794.82               
  163  Tallahassee           $395.13               $493.06               
  164  Tampa                 $411.59               $584.25               
  165         (b)Beginning July 1, 2018, and annually thereafter, the
  166  department shall review the maximum cost per square foot and
  167  recommend adjustments, based on the percentage change in the
  168  average of the Producer Price Index Data for New Office Building
  169  Construction published by the United States Department of Labor,
  170  to the Executive Office of the Governor and the appropriations
  171  committees of the Legislature for review and consideration for
  172  inclusion in the legislative budget instructions pursuant to s.
  173  216.023(3).
  174         (4)To determine the cost per square foot of a proposed new
  175  building, the estimated total construction cost plus 10 percent
  176  must be divided by the total square footage of the proposed new
  177  building. For purposes of this subsection, the total square
  178  footage of the proposed new building does not include the real
  179  property, parking areas, and parking structures. The value
  180  derived from this calculation may not exceed the maximum cost
  181  per square foot.
  182         (5)At the request of a state entity that seeks state funds
  183  to construct or contract for the construction of a new building,
  184  the department shall:
  185         (a)Review the building construction plans and calculate
  186  the estimated cost per square foot.
  187         (b)After completing its review, certify the estimated cost
  188  per square foot and specify whether the cost per square foot is
  189  equal to or less than the maximum cost per square foot.
  190         (c)Provide recommendations for reducing the estimated cost
  191  per square foot if such cost exceeds the maximum cost per square
  192  foot.
  193         (6)A state entity may not request state funds for new
  194  building construction if the estimated cost per square foot
  195  exceeds the maximum cost per square foot, unless the department
  196  has certified that the total estimated cost per square foot will
  197  exceed the maximum cost per square foot by no more than 10
  198  percent and the additional cost is attributable to:
  199         (a)Necessary security-related costs;
  200         (b)Building material costs needed due to site limitations
  201  for construction on a specific site; or
  202         (c)Extraordinary permitting costs.
  203         (7)A state entity head shall certify that each legislative
  204  budget request submitted under s. 216.023 for new building
  205  construction complies with this section. If the cost per square
  206  foot of a new building exceeds the maximum cost per square foot,
  207  the state entity head shall identify in writing the specific
  208  additional costs that exceed the maximum cost per square foot as
  209  provided in subsection (6).
  210         (8)A state entity may not spend or enter into a contract
  211  to spend state funds for new building construction if the cost
  212  per square foot of a new building exceeds the maximum cost per
  213  square foot authorized under subsection (6), unless specifically
  214  authorized by law. A contract in violation of this section is
  215  void. A person who willfully spends or enters into a contract to
  216  spend state funds that exceed the maximum cost per square foot,
  217  except as provided in subsection (7) or unless specifically
  218  authorized by law, commits a misdemeanor of the second degree,
  219  punishable as provided in s. 775.082 or s. 775.083.
  220         Section 3. Subsection (11) is added to section 216.023,
  221  Florida Statutes, to read:
  222         216.023 Legislative budget requests to be furnished to
  223  Legislature by agencies.—
  224         (11)A legislative budget request for fixed capital outlay
  225  for new building construction must adhere to the maximum cost
  226  per square foot requirements set forth in s. 216.0161.
  227         Section 4. Section 286.27, Florida Statutes, is amended to
  228  read:
  229         286.27 Prohibited uses Use of state funds for greeting
  230  cards prohibited.—No State funds may not shall be expended for:
  231         (1) The purchase, preparation, printing, or mailing of any
  232  card the sole purpose of which is to convey holiday greetings.
  233         (2)The purchase of alcoholic beverages.
  234         (3)The purchase of food or beverages for events related to
  235  state agency employee, board member, or vendor appreciation or
  236  recognition.
  237         Section 5. This act shall take effect July 1, 2017.