August 18, 2019
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       Florida Senate - 2009                             CS for SB 1804
       
       
       
       By the Policy and Steering Committee on Ways and Means; and
       Senator Alexander
       
       
       
       576-04523-09                                          20091804c1
    1                        A bill to be entitled                      
    2         An act relating to state-owned real property; amending
    3         s. 253.034, F.S.; requiring the state to offer to
    4         lease state-owned buildings or lands to state agencies
    5         and universities before being offered for sale or
    6         lease to others; amending s. 255.249, F.S.; requiring
    7         the Department of Management Services to adopt rules
    8         relating to leases of privately owned buildings;
    9         requiring that the department determine if certain
   10         leases are in the best interests of the state;
   11         amending s. 255.25, F.S.; requiring that an agency
   12         seeking to lease a privately owned building or land
   13         receive a determination from the Department of
   14         Management Services that the lease serves the best
   15         interests of the state; amending s. 627.351, F.S.;
   16         subjecting Citizens Property Insurance Corporation to
   17         ch. 255, F.S., relating to public property and
   18         publicly owned buildings; requiring the Department of
   19         Management Services to create and maintain a database
   20         of state-owned property; providing requirements for
   21         the database; requiring a report to the Governor and
   22         Legislature; requiring the Department of Management
   23         Services to begin the process to dispose of certain
   24         buildings; providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Subsection (15) is added to section 253.034,
   29  Florida Statutes, to read:
   30         253.034 State-owned lands; uses.—
   31         (15)Before a building or parcel of land is offered for
   32  lease, sublease, or sale to a local or federal unit of
   33  government or a private party, it shall first be offered for
   34  lease to state agencies and state universities, with priority
   35  consideration given to state universities.
   36         Section 2. Paragraphs (b) and (k) of subsection (4) of
   37  section 255.249, Florida Statutes, are amended to read:
   38         255.249 Department of Management Services; responsibility;
   39  department rules.—
   40         (4) The department shall adopt rules pursuant to chapter
   41  120 providing:
   42         (b) Procedures for soliciting and accepting competitive
   43  solicitations for leased space of 5,000 square feet or more in
   44  privately owned buildings, for evaluating the proposals
   45  received, for exemption from competitive solicitations
   46  requirements of any lease the purpose of which is the provision
   47  of care and living space for persons or emergency space needs as
   48  provided in s. 255.25(10), and for the securing of at least
   49  three documented quotes for a lease that is not required to be
   50  competitively solicited.
   51         (k) For a lease of less than 5,000 square feet, a method
   52  for certification by the agency head or the agency head’s
   53  designated representative that all criteria for leasing have
   54  been fully complied with and for the filing of a copy of such
   55  lease and all supporting documents with the department for its
   56  review and approval as to technical sufficiency and whether it
   57  is in the best interests of the state.
   58         Section 3. Subsection (2) of section 255.25, Florida
   59  Statutes, is amended to read:
   60         255.25 Approval required prior to construction or lease of
   61  buildings.—
   62         (2)(a) Except as provided in s. 255.2501, a state agency
   63  may not lease a building or any part thereof unless prior
   64  approval of the lease conditions and of the need therefor is
   65  first obtained from the department. Any approved lease may
   66  include an option to purchase or an option to renew the lease,
   67  or both, upon such terms and conditions as are established by
   68  the department subject to final approval by the head of the
   69  Department of Management Services and s. 255.2502.
   70         (b) The approval of the department, except for technical
   71  sufficiency, need not be obtained For the lease of less than
   72  5,000 square feet of space, a state agency must notify the
   73  department at least 30 days before the execution of the lease.
   74  The department shall review the lease and determine whether
   75  suitable space is available in a state-owned building located in
   76  the same geographic region. If the department determines that
   77  space is not available, the department must determine whether
   78  the state agency lease is in the best interests of the state. If
   79  the department determines that the execution of the lease is not
   80  in the best interests of the state, the department shall notify
   81  the agency proposing the lease, the Governor, and the presiding
   82  officers of each house of the Legislature of such finding in
   83  writing. within a privately owned building, provided the agency
   84  head or the agency head’s designated representative has
   85  certified compliance with applicable leasing criteria as may be
   86  provided pursuant to s. 255.249(4)(k) and has determined such
   87  lease to be in the best interest of the state. A lease that is
   88  for a term extending beyond the end of a fiscal year is subject
   89  to the provisions of ss. 216.311, 255.2502, and 255.2503.
   90         (c) The department shall adopt as a rule uniform leasing
   91  procedures for use by each state agency other than the
   92  Department of Transportation. Each state agency shall ensure
   93  that the leasing practices of that agency are in substantial
   94  compliance with the uniform leasing rules adopted under this
   95  section and ss. 255.249, 255.2502, and 255.2503.
   96         (d) Notwithstanding paragraph (a) and except as provided in
   97  ss. 255.249 and 255.2501, a state agency may not lease a
   98  building or any part thereof unless prior approval of the lease
   99  terms and conditions and of the need therefor is first obtained
  100  from the department. The department may not approve any term or
  101  condition in a lease agreement which has been amended,
  102  supplemented, or waived unless a comprehensive analysis,
  103  including financial implications, demonstrates that such
  104  amendment, supplement, or waiver is in the state’s long-term
  105  best interest. Any approved lease may include an option to
  106  purchase or an option to renew the lease, or both, upon such
  107  terms and conditions as are established by the department
  108  subject to final approval by the head of the Department of
  109  Management Services and the provisions of s. 255.2502.
  110         Section 4. Present paragraphs (f) through (ee) of
  111  subsection (6) of section 627.351, Florida Statutes, are
  112  redesignated as paragraphs (g) through (ff), respectively, and a
  113  new paragraph (f) is added to that subsection, to read:
  114         627.351 Insurance risk apportionment plans.—
  115         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  116         (f)The corporation is subject to the provisions of chapter
  117  255.
  118         Section 5. Database of state-owned property.—
  119         (1)The Department of Management Services is directed to
  120  create, administer, and maintain a comprehensive database of all
  121  state-owned real property. To that end, the Department of
  122  Management Services shall prepare a plan to compile the database
  123  and address the following issues in the plan:
  124         (a)A method for requiring that specific information be
  125  provided for each property in the database in order to determine
  126  appropriate valuation.
  127         (b)A method for maintaining and updating the database.
  128         (c)A method for the identification and assessment of
  129  database properties for potential disposition.
  130         (d)A method for requiring that the Department of
  131  Management Services be notified of identified properties for
  132  purposes of conducting a strategic valuation and disposition
  133  analysis.
  134         (2)The Department of Management Services shall submit the
  135  plan to the President of the Senate, the Speaker of the House of
  136  Representatives, and the Executive Office of the Governor by
  137  January 4, 2010.
  138         Section 6. In an effort to improve cost efficiencies and
  139  maximize revenues to the state, by disposing of surplus
  140  property, the Department of Management Services, in coordination
  141  with the Board of Trustees of the Internal Improvement Trust
  142  Fund, is directed to immediately begin the disposition process
  143  of the Fuller Warren Building, the Bloxham Building, the Bloxham
  144  Annex Properties “A, B, and C,” the Firestone Building, and the
  145  Winchester Building.
  146         Section 7. This act shall take effect July 1, 2009.

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