To amend existing Chapter 60H-2 Florida Administrative Code, in order to provide greater detail and explanation related to the statutory requirements for leasing of privately owned space by state agencies. This includes responding to comments from ...

DEPARTMENT OF MANAGEMENT SERVICES
Division of Facilities Management

RULE NO: RULE TITLE
60H-2.001: Definitions
60H-2.002: Space Allocation
60H-2.0021: Space Allocation and Configuration Standards
60H-2.0022: Agency Space Allocation Plans
60H-2.003: Space Measurement
60H-2.005: Rental Rates
PURPOSE AND EFFECT: To amend existing Chapter 60H-2 Florida Administrative Code, in order to provide greater detail and explanation related to the statutory requirements for leasing of privately owned space by state agencies. This includes responding to comments from the Joint Administrative Procedures Committee (JAPC) and rule conformity with statute changes in Chapters 2007-220, 2007-73 and 2009-77, Laws of Florida.
SUMMARY: Administrative procedures for state agency’s leasing of state-owned or privately owned space will be adjusted to meet continuing and amended statutory requirements. The processes for private leasing activity by state agencies will be updated to reflect obligations for achieving “best interest of the state” leases as indicated in Section 255.25, F.S.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business activities. No Statement of Estimated Regulatory Costs was prepared.
Any person who wishes to provide information regarding any estimated cost impact must do so in writing within 21 days of this notice. This proposed rule change does impact state agencies requirements and procedures when leasing either public or private space.
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.
SPECIFIC AUTHORITY: 255.249, 255.25, 255.503 FS.
LAW IMPLEMENTED: 255.249, 255.21, 255.25, 255.503, 255.254, 281.02 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 8, 2010, 9:00 a.m. – 11:30 a.m.
PLACE: Betty Easley Conference Center, 4075 Esplanade Way, Building 4075, Room 152, Tallahassee, FL 32399
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 48 hours before the workshop/meeting by contacting: Anthony Andreala, Chief of Real Property Administration, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399-2100, [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: Anthony Andreala, Chief of Real Property Administration, Division of Real Estate Development and Management. Phone: [phone]. Email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewrite of Rule 60H-2.001 follows. See Florida Administrative Code for present text.)

60H-2.001 Definitions.

For the purpose of this chapter, each of these words shall have the following meanings:

(1) Agency – as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of the executive branch of State government.

(2) Department – State of Florida Department of Management Services.

(3) Secretary – the Secretary of the Department of Management Services or his/her designee by written order.

(4) Division Director – the Director of the Division or his/her designee by written order.

(5) State-owned building – any state-owned office building as defined under Section 255.248, F.S., and specifically excluding Supreme Court building pursuant to Section 272.04, F.S.

Rulemaking Specific Authority 255.249, 255.503(11) FS. Law Implemented 255.249(1), (4), 255.503, 272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.01, Amended 3-18-86, Formerly 13M-2.001, Amended 2-21-96, 4-27-04, 9-1-05,_________.

 

(Substantial rewrite of Rule 60H-2.002 follows. See Florida Administrative Code for present text.)

60H-2.002 Space Allocation and Configuration Standards.

(1) The Department shall have authority to approve allocation of space in all state-owned and privately-owned leases.

(2) To the extent possible, without sacrificing critical public or client services, agencies are directed to obtain an average allocation of space, not to exceed, 180 Net Usable Square Feet per full-time employee measured in accordance with Rule 60H-2.003, Florida Administrative Code.

(3) Approval of space allocation shall be obtained from the Department in accordance with Rule 60H-1.002, Florida Administrative Code.

(4) The following types of space are exempt from the space allocation standards and are not counted in the average allocation of space referenced in subsection 60H-2.002(2), Florida Administrative Code:

(a) Public use space including reception areas, service counters and interview rooms.

(b) Special use space including rooms dedicated as laboratories, mail rooms, large conference, file or copy rooms, training rooms, records storage and warehouses, LAN rooms and cafeterias.

Rulemaking Specific Authority 255.249, 255.503(11) FS. Law Implemented 255.249(1), (3), (4)(d), 255.503, 272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.02, Amended 3-18-86, Formerly 13M-2.002, Amended 2-21-96, 4-27-04, 9-1-05,_________.

 

(Substantial rewrite of Rule 60H-2.0022 follows. See Florida Administrative Code for present text.)

60H-2.0022 Agency Space Allocation Plans.

(1) Each agency shall annually submit by June 30 to the Department a Space Allocation Plan in a manner prescribed by the Department.

(2) Agency Space Allocation Plans shall provide the Department with each agency’s strategy for allocation of all space in all existing leases and shall be consistent with the Space Allocation and Configuration Standards provided in Rule 60H-2.002, Florida Administrative Code.

(3) Agency Space Allocation Plans shall include:

(a) Agency point of contact;

(b) Inventory of space, including exempted space, and whether the space is used for administrative or customer contact purposes; and

(c) Needs assessment of space for program’s activities and tasks, personnel and equipment; and

(d) Lease expiration schedules by county and planned full-time equivalent data; and

(e) Business case analysis for agency planned consolidations or co-locations; and

(f) Current occupancy and relocation costs inclusive of furnishing, fixtures and equipment, data, and communications; and

(g) A forecast of agency space needs based on population and employment expectation; and

(h) Reconfiguration or relocation strategy; and

(i) Reconfiguration or relocation timeline.

Rulemaking Specific Authority 255.249(4)(d), 255.503(11), 272.04 FS. Law Implemented 255.249(1), (3)(c), (4)(d), 255.503(2) FS. History–New 4-27-04, Amended_________.

 

(Substantial rewrite of Rule 60H-2.003 follows. See Florida Administrative Code for present text.)

60H-2.003 Department Standard Method of Space Measurement.

(1) The Department’s Standard Method of Space Measurement shall be Net Usable Square Footage as used in measuring the square footage of all leases.

(2) For the purposes of Agency Leases of real property, Net Usable Square Feet shall be defined as square footage which has usable value.

(a) Net Usable Square footage includes:

1. All space which has usable value; and

2. One half of walls which are shared by two separate tenants; and

3. Columns and projections which are part of the structure of a building; and

4. Corridors in the leased space or for exclusive access to the leased space.

(b) Net Usable Square Footage does not include:

1. Building vertical penetrations such as vertical air ducts, furnace or flue shafts, elevator shafts or exit stairwells; or

2. Space unavailable for lease such as public corridors, lobbies or reception areas, waiting areas or elevator lobbies, stairways or bathrooms; or

3. Space designated to the provision of building services such as mechanical rooms, elevator equipment rooms, janitorial closets or electrical rooms.

(3) Agencies shall pay rent in leased spaces for Net Usable Square Footage only.

(4) This method of space measurement shall be applied to bids, proposals or other offers by prospective lessors, public and private.

Rulemaking Specific Authority 255.249, 255.25, 272.04, 288.18 FS. Law Implemented 255.249(4)(c), 255.25(2),272.04, 288.18(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.03, 13M-2.003, Amended 2-21-96, 4-27-04, 9-1-05,_________.

 

(Substantial rewrite of Rule 60H-2.005 follows. See Florida Administrative Code for present text.)

60H-2.005 Rental Rates.

(1) Rates to be assessed agencies occupying space in Department-managed facilities shall be determined and established annually by the Department in accordance with Section 255.51, Florida Statutes, fulfilling the obligations of the Florida Facilities Pool Revenue Bond Resolution and maintaining the public’s real estate investment. Rates shall be made known to the agencies for assistance in their planning and budgeting for such occupancy. In determining the rental rate, the Department shall take into account the following expenses incurred during the ensuing fiscal year:

(a) The amount of debt service charges or any higher amount determined by the Department that must be paid during the fiscal year to the State Board of Administration or any other trustee for any debt obligations incurred by the Department for the pool facilities program.

(b) The necessary deposits or any higher amount determined by the Department, if any, to a working capital reserve, contingency reserve or other type of reserve pledged to the security of any debt obligations incurred by the Department for the pool facilities program.

(c) Necessary deposits for capital maintenance to the Capital Depreciation Reserve authorized under the Florida Building and Facilities Act.

(d) Projected operating and regular maintenance expenses to be incurred during the fiscal year for all pool facilities and expenses incurred by the Department in managing the pool facilities and for administering the fixed capital outlay program and the pool.

(2) Rates shall take into account the type of space leased by the agencies and the service elements offered and special request.

Rulemaking Specific Authority 255.249, 255.503(11) FS. Law Implemented 255.249(4)(g), 255.503, 288.18(3) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-8.05, Amended 3-18-86, Formerly 13M-2.005, Amended 9-1-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Anthony Andreala, Chief of Real Property Administration, Division of Real Estate Development and Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ms. Linda H. South, Secretary, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 24, 2009