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

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