To update and clarify procedures and requirements relating to reservation of spaces within the Florida Facilities Pool.

 

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-6.008Additional Requirements for Use of the Capitol Complex

60H-6.0085Lighting the Historic Capitol

60H-6.011Responsibilities of Parties Using Pool Buildings

PURPOSE AND EFFECT: To update and clarify procedures and requirements relating to reservation of spaces within the Florida Facilities Pool.

SUMMARY: The proposed rules and amendments will address procedures and requirements for use of space within the Florida Facilities Pool and incorporate the State Use Guidelines and application form.

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 agency, utilizing the expertise of division personnel, determined no SERC was required after completing the SERC checklist analysis.

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), 255.503(11) F.S.

LAW IMPLEMENTED: 255.045, 255.249(1), 255.503(2), 272.03 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashley Collins, Property Logistics Administrator, 4050 Esplanade Way, Tallahassee, Florida 32399; [e-mail]; [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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, and the curtilage of each, including any state-owned lands adjacent thereto.

(3) “Capitol Complex” means those areas described in section 943.60, Florida Statutes.

(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) “Department” means the Department of Management Services.

(6) “Division” means the Division of Real Estate Development and Management established within the Department.

(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/2022, and available at [FAR link] and [REDM link].

Rulemaking Authority 255.503(11) FS. Law Implemented 255.503(2) FS. History–New X-XX-22.

 

Substantial rewording of Rule 60H-6.005, F.A.C., follows. See Florida Administrative Code for present text.

 

60H-6.005 Public Access to Buildings in the Florida Facilities Pool and General Use Requirements Recording Presence.

(1) Public Access. Except as otherwise expressly provided, all Buildings in the Florida Facilities Pool must be open to the general public to the extent necessary to permit the general public to transact official business. 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 valid emergencies; 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.

(2) Disturbances and Removal. Public access does not permit anyone to enter or remain in or upon Buildings in the Florida Facilities Pool while creating a disturbance that is likely to impede or disrupt the performance of official duties or functions of public employees or officers or is likely to disrupt or prevent access by members of the public. The Department, the Governmental Entity leasing the space, or the Capitol Police (where the Capitol Complex is involved), may cause to be removed for trespassing those violating this rule chapter or any other law.

(3) 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 leasing 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.

(4) Freedom of Expression. Buildings in the Florida Facilities Pool are nonpublic forums except those portions of public sidewalks, streets, parks, outdoor memorials, or similar public spaces that qualify as traditional public forums. Demonstrations and other forms of speech may be limited or prohibited when such limitation or prohibition is deemed reasonably necessary: (1) to protect the safety of the public or those employees and officers working at the building; or (2) because an individual or group is causing a disturbance that is likely to impede or disrupt the performance of official duties or functions of employees or officers working in the building or is likely to disrupt or prevent access by members of the public. Forms 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 Facilties Pool.

(5) Requirements for Use. Any use of a Building in the Florida Facilities Pool or space reserved through the procedures provided in this rule chapter is subject to the requirements in Rule 60H-6.011.

(6) Solicitation Prohibited. All persons are prohibited from soliciting any individual in any Building in the Florida Facilities Pool, unless otherwise authorized by law.

Rulemaking Authority 255.503(11) FS. Law Implemented 255.503(2) FS. History–New 8-1-78, Formerly 13D-5.04, 13M-9.005, Amended 1-9-96, X-XX-22.

Substantial rewording of Rule 60H-6.007, F.A.C., follows. See Florida Administrative Code for present text.

 

60H-6.007 Additional Requirements for Use of Leased Space Usage of Pool Buildings.

(1) Leased Spaces. The Division leases Buildings in the Florida Facilities Pool (and portions thereof) to Governmental Entities pursuant to section 255.503(10), Florida Statutes. Governmental Entities must ensure that such leased space is not used for purposes other than those assigned unless permitted under this rule chapter.

(2) Reservations of Buildings in the Florida Facilities Pool. The Governmental Entity leasing space in a Building in the Florida Facilities Pool may allow others to reserve that leased space for short term events subject to the following limitations:

(a) If the requestor is an Agency, the request can be granted only if the Governmental Entity leasing the space determines: (i) the physical characteristics of the requested space are appropriate for the requested use and the requested space is available on the requested date/time; (ii) the requested use is consistent with the requestor’s official purposes; and (iii) the requested use will not prohibit or limit governmental functions occurring during the date/time requested.

(b) If the requestor is not an Agency, the request can be granted only if the use is consistent with (2)(a)(i) and (iii) above and the space is being used for the purpose of providing education or training to government employees relating to their public duties.

(c) The reservation request must be submitted to the Governmental Entity leasing the space as soon as practicable, but no later than ten business days prior to the requested reservation date. Requests may not be submitted more than one year prior to the requested date. Modifications to pending requests or approved reservations must be submitted no later than seven calendar days before the reservation date. If the Governmental Entity leasing the space grants the reservation, the requestor must comply with the requirements of this rule chapter related to use of Buildings in the Florida Facilities Pool and must vacate the space at the end of the reservation period. The requestor reserving the space may exclude the general public from the reserved space for the period the space is reserved. The period reserved may not exceed five (5) days.

Rulemaking Authority 255.503(11) FS. Law Implemented 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-22.

60H-6.008 Additional Requirements for Use of the Capitol Complex.

(1) 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 indecent, including gratuitious violence, gore, and material that arouses prurient interests, are not permitted in any portion of the Capitol Complex that is not a traditional public forum.

(2) Reservation 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 Division. 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. 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. The Agency must submit the request to the Division 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. 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) 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. 

(4) Capitol Police. Pursuant to sections 943.60–.68, Florida Statutes, the Capitol Police is responsible for the security of the Capitol Complex, as defined in section 943.60, Florida Statutes, and may establish additional requirements for access and use as permitted by those statutes. Information about the Capitol Police can be found on the Florida Department of Law Enforcement’s website here: https://www.fdle.state.fl.us.

Rulemaking Authority 255.249(9) FS. Law Implemented 272.03, 255.249(1) FS. History–New XX-XX-22.

60H-6.0085 Lighting the Historic Capitol.

(1) Government Speech. 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.

(2) Governor’s Authority. The Governor may direct the Department to light the Historic Capitol Building in various colors to celebrate a holiday, a cause, or another issue the Governor wishes to support.

(3) Legislature’s Authority. The Speaker of the House and the President of the Senate may, by a jointly signed letter delivered to the Division, request the Department to light the Historic Capitol Building in various colors to celebrate a holiday, a cause, or another issue the legislature wishes to support.

(4) Restrictions. Those reserving the steps or other surrounding property of the Historic Capitol may not cause the building to be lit to communicate a message or to support a cause or event.

Rulemaking Authority 255.249(9) FS. Law Implemented 272.03, 255.249(1) FS. History–New XX-XX-22.

Substantial rewording of Rule 60H-6.011, F.A.C., follows. See Florida Administrative Code for present text.

 

60H-6.011 Responsibilities of Parties Using Buildings in the Florida Facilities Pool.

All persons at a Building in the Florida Facilities Pool are subject to the following:

(1) Preservation of Property. Except as expressly authorized by the Department, it is unlawful for any person(s):

(a) 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;

(b) to create or cause to be created any hazard to persons or things in or on any Buildings in the Florida Facilities Pool;

(c) to throw or cause to be thrown articles of any kind from or within a Building in the Florida Facilities Pool;

(d) to climb upon the roof or walls of any part of a Building in the Florida Facilities Pool; and

(e) to willfully destroy, damage, or remove any property in any Building in the Florida Facilities Pool.

(2) Disturbances. All conduct in or on any Building in the Florida Facilities Pool that:

(a) creates loud or unusual noise;

(b) unreasonably obstructs the usual and customary use of a Building in the Florida Facilities Pool;

(c) impedes or disrupts the performance of official duties or functions of a state officer or employee; or

(d) prevents the public from obtaining the administrative services provided in a Building in the Florida Facilities Pool in a timely manner;

is prohibited.

(3) Signage. Unless approved by the Department (or the Governmental Entity in the case of leased space), no person acting outside their official capacity may staple, tape, or otherwise affix, or establish a freestanding, exhibit, poster, sign, or display on or in a Building in the Florida Facilities Pool.

(4) 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.

Rulemaking Authority 255.503(11) FS. Law Implemented 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, XX-XX-22.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ashley Collins, Property Logistics Administrator, Department of Management Services

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/10/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 3/15/2022; 10/17/2022