To consolidate the text of Rules 60H-6.009 and 60H-6.022, F.A.C., into Rule 60H-6.007, F.A.C., as rules on the same topic from the same chapter.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Facilities Management

RULE NO.: RULE TITLE:

60H-6.007  Usage of Pool Buildings

60H-6.009  Freedom of Speech

60H-6.022  Vendors Prohibited

PURPOSE AND EFFECT: To consolidate the text of Rules 60H-6.009 and 60H-6.022, F.A.C., into Rule 60H-6.007, F.A.C., as rules on the same topic from the same chapter.

SUMMARY: Rule 60H-6.007, F.A.C., is amended and Rules 60H-6.009 and 60H-6.022, F.A.C., are proposed to be repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 255.249(9) FS.

LAW IMPLEMENTED: 255.249(1), 272.03 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, January 24, 2017, 2:00 p.m. until completed but no later than 5:00 p.m.

PLACE: 4050 Esplanade Way, Tallahassee, Florida, Room 101

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michael A. Greif, Department of Management Services, 4050 Esplanade Way, Tallahassee, FL 32399, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kimberly Vickery, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60H-6.007 Usage of Pool Buildings.

(1) Buildings, facilities or the grounds shall not be used for purposes other than those assigned, without the express approval of the Bureau of Maintenance. Should the requested space be controlled by other than the Department of Management Services, approval must be obtained from the agency assigned the space. Under Article VII, Section 10, of the Constitution of the State of Florida, public property may be used only for public purposes. Nongovernmental activities may be approved if: (a) the facility is determined to be appropriate for the requested activity; (b) the activity is directly related to a governmental function or a governmental-sponsored function; (c) the sponsor is a quasi-public nonprofit entity whose primary objective is to render a public service not limited to its members and whose facilities and programs are available and beneficial to the general public; and (d) the primary objective of the activity is a clearly identified public purpose.

(2) Freedom of Speech: This rule guarantees the opportunity for freedom of expression consistent with the first and fourteenth amendments of the United States Constitution in the public forum areas, such as the rotunda area on the plaza level of the Capitol, within and on the grounds of buildings. This right is guaranteed notwithstanding the further provisions of this rule and of Rule 60H-6.011, F.A.C. However, all persons engaged in peacefully exercising their freedom of expression within such areas are requested to comply with subsection (4) of this rule and shall comply with Rule 60H-6.011, F.A.C.

(3) Any state agency desiring to use a building or the grounds when the authority for use is not already assigned to that agency, shall deliver a written request to the Bureau of Maintenance. All such requests shall:

(a) Identify the person(s) or entity(ies) desiring to use such facilities;

(b) Describe the particular facilities desired to be used and the use intended to be made of said facilities; and

(c) Identify the respective dates and times at which such use is planned to commence and terminate. Authorization, when granted for the use of such facilities, shall be granted on a first-come, first-served basis.

(4) Any person(s) or entity(ies) other than a state agency desiring to use the public forum area of any building or the grounds shall deliver a written request to the Bureau of Maintenance no later than three (3) state working days prior to the anticipated date of use, to allow for coordination of activities; lesser notice will be accepted only if time is adequate for review and coordination requirements. All such requests shall:

(a) Identify the person(s) or entity(ies) desiring to use such facilities;

(b) Describe the particular facilities desired to be used and the use intended to be made of said facilities; and

(c) Identify the respective dates and times at which such use is planned to commence and terminate. Authorization, when granted for the use of such facilities, shall be granted on a first-come, first-served basis.

(5) Vendors Prohibited: All person(s) are prohibited from soliciting any individual inside a building or on its grounds, unless such solicitation has been approved under this Rule.

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.05, 13M-9.007, Amended 1-9-96, Amended             .

 

60H-6.009 Freedom of Speech.

Rulemaking Authority 255.249(9) FS. Law Implemented 272.03, 255.249(1) FS. History–New 8-1-78, Amended 11-28-79, Formerly 13D-5.06, 13M-9.009, Amended 1-9-96, 5-12-98, Repealed            .

 

60H-6.022 Vendors Prohibited.

Rulemaking Authority 255.249(9) FS. Law Implemented 255.249(1), 272.03 FS. History–New 8-1-78, Formerly 13D-5.14, 13M-9.022, Amended 1-9-96, Repealed                    .

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Berger, Director, Division of Real Estate Development and Management

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 30, 2016