Definitions, Recording Presence, Usage of Pool Buildings, Responsibilities of Parties Using Pool Buildings
DEPARTMENT OF MANAGEMENT SERVICES
Division of Facilities Management
RULE NOS.:RULE TITLES:
60H-6.004Definitions
60H-6.005Recording Presence
60H-6.007Usage of Pool Buildings
60H-6.011Responsibilities of Parties Using Pool Buildings
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 203, October 18, 2022 issue of the Florida Administrative Register.
60H-6.004 Definitions.
Capitalized terms used in this rule chapter have the meanings ascribed below.
(1) “Agency” means an agency as defined in section 255.502, Florida Statutes.
(2) “Buildings in the Florida Facilities Pool” means the buildings in the pool established by the Department pursuant to section 255.505, Florida Statutes, all portions of the Capitol Complex Space, and the curtilage of each, including any associated state-owned lands adjacent thereto.
(3) “Capitol Complex” means those areas described in section 943.60, Florida Statutes, excluding the State Capital Circle Office Complex located in Leon County, Florida.
(4) “Capitol Complex Space” means those portions of the Capitol Complex for which reservations may be made, as identified in the Use of Capitol Complex Guidelines.
(5) “Capitol Complex Space Use Application” means the application of the same name that is hereby incorporated by reference, effective xx/2023, and available at [FAR link] and [REDM link].
(6) “Demonstration Activity” means any demonstrating, parading, picketing, speech making, holding of vigils, sit-ins, or other similar activities conducted for the purpose of demonstrating approval or disapproval of governmental policies or practices (or the lack thereof), expressing a view on public issues, or bringing into public notice any issue or other matter.
(4) “Capitol Complex Space” means those portions of the Capitol Complex for which reservations may be made, as identified in the Use of Capitol Complex Guidelines.
(7)(5) “Department” means the Department of Management Services.
(6) “Division” means the Division of Real Estate Development and Management established within the Department.
(8)(7) “Governmental Entity” means an Agency or a political subdivision, as defined in section 1.01, Florida Statutes.
(8) “Capitol Complex Space Use Application” means the application of the same name that is hereby incorporated by reference, effective xx/2022, and available at [FAR link] and [REDM link].
(9) “Use of Capitol Complex Guidelines” means the document of the same name that is hereby incorporated by reference, effective xx/2023 xx/2022, and available at [FAR link] and [REDM link].
Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(2) FS. History–New X-XX/2023 X-XX-22.
A summary of changes to the incorporated forms follows. The revised forms are available on the Department’s website at https://www.dms.myflorida.com/agency_administration/general_counsel/rulemaking.
The following changes are made to Capitol Complex Space Use Application:
References to Rule 60H-6.008, F.A.C., are replaced with reference to Rule 60H-6.007, F.A.C. The word “Division” in the first sentence is replaced with “Department.” The footer, which states the rule into which the form is incorporated and the effective date has been changed from “Incorporated in Rule 60H-6.001, F.A.C. Effective XX/2022” to “Incorporated in Rule 60H-6.004, F.A.C. Effective XX/2023.” Language regarding cancellation of reservations is changed in the following manner: The Department reserves the right to request that you postpone, or relocate, or reduce in size and scope an approved reservation if necessary to accommodate additional reservation requests.
The following changes are made to the Use of Capitol Complex Guidelines:
Page 4, Section B. ii. is changed in the following manner: Unoccupied events will be limited to one, seven (7) calendar day period in duration unless prior approval is provided by the Department. The Department may also limit the duration if the exhibit, poster, sign, or display is expected to deteriorates deteriorate or is damaged become unsightly, or does so during the course of a scheduled event.
Page 6, Section V. is changed to remove the following language: “create loud or unusual noise” and “Displays on the front steps of the Historic Capitol and the Capitol Courtyard may not be large and obtrusive enough to detract in any way from the historical significance of the Historic Capitol and may not block the entrances.”
Page 9, Section X. is revised in the following manner: The Department reserves the right to request that the Agency postpone, or relocate, or reduce in size and scope an approved reservation if necessary to accommodate additional reservation requests.
The footer, which states the rule into which the form is incorporated and the effective date has been changed from “Incorporated in Rule 60H-6.001, F.A.C. Effective XX/2022” to “Incorporated in Rule 60H-6.004, F.A.C. Effective XX/2023.”
Substantial rewording of Rule 60H-6.005, F.A.C., follows. See the Notice of Proposed Rule published in the Florida Administrative Register on October 18, 2022, in Volume 48, Issue 203 for previous text.
60H-6.005 Purpose and Right to Public Access and Freedom of Expression Public Access to Buildings in the Florida Facilities Pool and General Use Requirements.
(1) Purpose. The purpose of this rule chapter is to ensure that activity at Buildings in the Florida Facilities Pool is conducted in a manner that protects public health and safety and ensures that state employees and officials can fulfill their responsibilities.
(2) Public Access.
(a) Normal Working Hours. Except as otherwise expressly provided, areas within Buildings in the Florida Facilities Pool must be open to the general public as necessary to permit the general public to transact official business or attend public meetings. At a minimum, this access must be available during normal working hours (8:00 a.m. to 5:00 p.m., Monday through Friday), except: during state holidays established in section 110.117, Florida Statutes, or those granted to executive branch employees by the Governor; during emergencies that pose a danger to public health, safety, or welfare; during times when the building is uninhabitable or when construction work to be done renders the space inaccessible; or during times where the space is properly reserved for an event.
(b) Closure. When a Building in the Florida Facilities Pool is closed to the public, admission to such building will be limited to those authorized by the Department or the Governmental Entity occupying the space. If requested by a duly authorized law enforcement officer, such persons must provide satisfactory evidence of their identity and authorization to enter the building.
(c) Accessibility. Information regarding the accessibility of the Capitol Complex pursuant to the Americans with Disabilities Act (ADA) is available on the Department’s website at: https://www.dms.myflorida.com/business_operations/real_estate_development_
and_management/bureau_of_operations_and_maintenance/building_information/capitol_complex_information.
(3) Freedom of Expression.
(a) Demonstration Activity. Demonstration Activity is permitted in the outdoor spaces of the Capitol Complex. Persons engaged in Demonstration Activity are required to comply with other applicable provisions of this rule chapter.
(b) Right to Public Comment. The limitation on Demonstration Activity to outdoor spaces at the Capitol Complex does not limit or infringe on the ability to attend public meetings and provide public comment at such meetings held within a Building in the Florida Facilities Pool.
Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(2) FS. History–New 8-1-78, Formerly 13D-5.04, 13M-9.005, Amended 1-9-96, X-XX/2023 X-XX-22.
Substantial rewording of Rule 60H-6.007, F.A.C., follows. See the Notice of Proposed Rule published in the Florida Administrative Register on October 18, 2022, in Volume 48, Issue 203 for previous text.
60H-6.007 Capitol Complex Additional Requirements for Use of Leased Space.
(1) Overview. The Capitol Complex is the state’s legislative center and an architecturally and historically significant facility located in Tallahassee, Florida. The Historic Capitol is listed in the National Register of Historic Places.
(2) Reservations of Capitol Complex Space. An Agency may request to reserve the use of Capitol Complex Space by submitting a Capitol Complex Space Use Application to the Department.
(a) Requestor. The request must come from the head of the Agency, or his or her designee. In the case of the Legislature, the head of the Agency is considered to be the Speaker of the House or the President of the Senate, and in the case of the Judiciary, the head of the Agency is considered to be the Chief Justice of the Supreme Court of Florida.
(b) Approval Criteria. To approve an application, the Department must determine that: (i) the physical characteristics of the requested space are appropriate for the requested use; (ii) the requested space is available on the requested date and time; (iii) the requested use is consistent with the Agency’s official purposes; and (iv) the requested use will not prohibit or limit governmental functions occurring during the date and time requested.
(c) Application Timeline. The Agency must submit the request to the Department as soon as practicable, but no later than ten business days prior to the requested reservation date. The Department will not accept requests that are submitted more than one year prior to the requested date.
(d) Use. If the reservation is granted, the Agency must comply with the requirements of this rule chapter and with the Use of Capitol Complex Guidelines and must vacate the space at the end of the reservation period. The Agency reserving the space may exclude the public from the reserved space for the period the space is reserved.
(3) News Conferences. The following locations at the Capitol Complex may be utilized for news conferences outside of the reservation process provided they are not otherwise reserved pursuant to subsection (2), above: any outdoor areas of the Capitol Complex and the Plaza Level Rotunda (as described in the Use of Capitol Complex Guidelines). Notwithstanding the restrictions in Rule 60H-6.011, F.A.C., manned freestanding displays are permitted in these spaces during such news conferences. Such news conferences in these spaces shall be limited to one hour. Such news conferences in the Plaza Level Rotunda are limited to hours where the building is otherwise open to the public.
(4) Lighting. Lighting the Historic Capitol in various colors to communicate a message of support for a cause or event or to celebrate a holiday or other important date is reserved for government speech only. No person may cause the Historic Capitol to be lit to communicate a message of support for a cause or event or to celebrate a holiday or other important date except that the Governor may direct the Department to light the Historic Capitol Building in various colors to communicate a message of support for a cause or event or to celebrate a holiday or other important date the Governor wishes to support.
(5) Additional Limitations. Because the Capitol Complex is often a destination for children learning about their State government, visual displays, sounds, and other actions that are harmful to minors (as defined in section 847.001, F.S.) or include gratuitous violence or gore are not permitted in any indoor portion of the Capitol Complex. “Gratuitous violence or gore” means any depiction of severe bodily injury or blood, organs, or other bodily fluids, that is patently offensive to prevailing standards in the community as a whole and, taken as a whole, is without serious literary, artistic, political, or scientific value.
Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.503(2), 272.03 FS. History–New 8-1-78, Formerly 13D-5.05, 13M-9.007, Amended 1-9-96, 3-2-17, X-XX/2023 X-XX-22.
Substantial rewording of Rule 60H-6.011, F.A.C., follows. See the Notice of Proposed Rule published in the Florida Administrative Register on October 18, 2022, in Volume 48, Issue 203 for previous text.
60H-6.011 Use and Responsibilities of Parties at Using Buildings in the Florida Facilities Pool.
(1) Use of Space in Buildings in the Florida Facilities Pool. All Governmental Entities that occupy Buildings in the Florida Facilities Pool (or portions thereof), other than the Legislature (or a unit thereof), must ensure that such occupied space is not used for purposes other than the Governmental Entity’s official purposes; except that the Governmental Entity, on a temporary basis not to exceed seven (7) calendar days, may allow the space to be used for the official purposes of another Agency or a non-Agency providing education or training to government employees relating to their public duties. For spaces occupied by the Legislature, or a unit thereof, such spaces are subject to the House or Senate rules, as applicable.
(2) Responsibilities of Parties at Buildings. All persons at a Building in the Florida Facilities Pool are subject to the following:
(a) Preservation of Property. Except as expressly authorized by the Department, it is unlawful for any person(s):
1. to dispose or cause to be disposed any trash in or on any Buildings in the Florida Facilities Pool in a manner or by means other than in the on-premise trash cans;
2. to create or cause to be created any hazard to persons or things in or on any Buildings in the Florida Facilities Pool;
3. to throw or cause to be thrown articles of any kind from or within a Building in the Florida Facilities Pool;
4. to climb upon the roof or walls of any part of a Building in the Florida Facilities Pool; or
5. to willfully destroy, damage, or remove any property in any Building in the Florida Facilities Pool.
(b) Disturbances. All conduct in or on any Building in the Florida Facilities Pool that:
1. unreasonably obstructs the usual and customary use of a Building in the Florida Facilities Pool;
2. endangers the safety of other persons at the Building in the Florida Facilities Pool;
3. unreasonably disrupts the performance of official duties or functions of a state officer or employee; or
4. prevents the public from obtaining the administrative services provided in a Building in the Florida Facilities Pool in a timely manner;
is prohibited.
(c) Signage. Unless approved by the Department (or the Governmental Entity in the case of occupied space), no person acting outside their official capacity may:
1. staple, tape, or otherwise affix an exhibit, poster, sign, or display on or in a Building in the Florida Facilities Pool;
2. establish a freestanding exhibit, poster, sign, or display on or in a Building in the Florida Facilities Pool;
3. use sticks or poles in any indoor portion of a Building in the Florida Facilities Pool which includes, but is not limited to, attachment to cardboard signs, placards, and flags; or
4. hold any hand-held signs in any indoor portion of a Building in the Florida Facilities Pool that exceed 22” by 28” in size.
This limitation on signage does not prohibit expression of viewpoints on items attached to one’s person, such as t-shirts, buttons, and the like, provided such items comply with any other applicable requirements of this rule chapter.
(d) Prohibited Types of Expression. Types of expression that are otherwise prohibited by law, such as obscenity (see, e.g., §§ 847.001, .0133, Florida Statutes), expression that incites violence or uses fighting words (see, e.g., § 877.03, Florida Statutes), or defamatory or threatening speech (see, e.g., § 836.05, Florida Statutes) are prohibited at any Building in the Florida Facilities Pool.
(e) Solicitation Prohibited. All persons are prohibited from offering items or services for sale, or soliciting fares, alms, or contributions, in any Building in the Florida Facilities Pool, unless otherwise authorized by law.
(f) Damage to Buildings in the Florida Facilities Pool. Any person(s) using a Building in the Florida Facilities Pool will be responsible for all costs, expenses, damages, liabilities, claims, or suits resulting from such use.
(g) Removal. The Department, the Governmental Entity occupying the space, or the Capitol Police (where the Capitol Police have jurisdiction), may cause to be removed those violating this rule chapter or any other law after communication of such violation to the violator and an opportunity to cure the violation. If the Department or Capitol Police determines the need to remove violators from spaces occupied by the Legislature, or a unit thereof, the Department or Capitol Police shall first receive approval from the Sergeant at Arms of the applicable chamber unless there is an emergency that poses a danger to public safety.
Rulemaking Authority 255.249(9), 255.503(11) FS. Law Implemented 255.249(1), 255.045, 255.503(2), 272.03 FS. History–New 8-1-78, Formerly 13D-5.07, 13M-9.011, Amended 1-9-96, 3-2-17, X-XX/2023 X-XX-22.
