The department was required to develop and maintain this inventory and to provide to the state agencies required to annually submit data into this system a “format prescribed by the department.” The department is required to adopt rules to ...

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Facilities Management

RULE NOS.: RULE TITLES:
60H-10.001Definitions
60H-10.002Reports and Records
60H-10.003Inventory Data
PURPOSE AND EFFECT: The department was required to develop and maintain this inventory and to provide to the state agencies required to annually submit data into this system a “format prescribed by the department.” The department is required to adopt rules to administer this legislative requirement.
SUMMARY: This rule clarifies specific data elements and definitions for input into the Florida State Owned Lands and Records Information System (FL-SOLARIS), a statutorily required database to record and maintain the inventory of real estate properties that are "owned, leased, rented, or otherwise occupied" by any state government entity.
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:
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: 216.0152(1) FS.
LAW IMPLEMENTED: 216.0152 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: April 2, 2013, 10:00 a.m.
PLACE: 4050 Esplanade Way, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Bradner, 850-488-0439, 4050 Esplanade Way, Tallahassee, FL 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

60H-10.001 Definitions.

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

(1) Agency – means the governmental agencies of the the State of Florida, including  the judicial branch, and the water management districts.

(2) Division – means the Real Estate Development and Management Division of the Department of Management Servies.

(3) State-leased – means real property that is leased by a governmental agency, commission, board, organization, or other entity of the State of Florida.

(4) State-occupied  –  means real property that is occupied or under the use and control of, but not owned by, a governmental agency, commission, board, organization, or other entity, of the State of Florida.

(5) State-owned –means real property that is owned by a governmental agency, commission, board, organization, or other entity, of the State of Florida.

Rulemaking Authority 216.0152(1) FS. Law Implemented 216.0152 FS. History-New_________.

 

60H-10.002 Reports and Records.

(1) Agencies shall provide an inventory data of all facilities owned, leased, rented or otherwise occupied or maintained.  The inventory data shall be provided by the owning or operating agency annually by June 1, unless this date falls on a weekend or holiday, at which time information should be provided on the first Monday following June 1.

(2) For State-owned facilities, Agencies shall input into the Florida State Owned Lands and Records Information System (FL-SOLARIS) the following facility information,  as defined in Rule 60H-10.003, F.A.C., including but not limited to:

(a) Location;

(b) Occupying agency;

(c) Ownership;

(d) Size;

(e) Condition assessment;

(f) Valuations;

(g) Operating costs;

(h) Maintenance record;

(i) Age;

(j) Parking and employee facilities;

(k) Building uses;

(l) Full-time equivalent occupancy;

(m) Known restrictions or historic designations;

(n) Leases or subleases; and

(o) Associated revenues.

In addition to these data elements, the Division reserves the right to request additional specific information relating to operating costs.

(3) Agencies shall add new State-owned facilities to the reporting system within 30 days from the date the facility is acquired. Agencies shall delete State-owned facilities from the system within 30 days of the date of facility disposal, and making input changes and corrections to the system as required.

(4) For State-occupied facilities, Agencies shall provide the following facility information to the Division, as defined in Rule 60H-10.003, F.A.C., including but not limited to:

(a) Location;

(b) Occupying agency;

(c) Size;

(d) Parking and employee facilities;

(e) Full-time equivalent occupancy; and

(f) Leases or subleases. 

This information shall be provided by the Agencies on forms or other means provided or approved by the Division that address agency needs and the reporting needs of the system. Agencies are responsible for the accuracy and timeliness of the data provided.

(5) Agencies shall be responsible for notifying the Division of new leases for input into the inventory within 30 days from the date the lease is executed. Agencies shall be responsible for notifying the Division within 30 days of lease termination for removal from the inventory.

Rulemaking Authority 216.0152(1) FS. Law Implemented 216.0152 FS. History-New________.

 

60H-10.003  Inventory Data.

For the purpose of providing inventory data, required by Rule 60H-10.002, F.A.C., these data elements are requesting the following information:

(1) Age –  means the number of years the facility has been in existence, rounded to the nearest whole number, calculated by subtracting the year built from the current year.

(2) Associated Revenues  –  means the annual revenues generated by the facility, including revenue generated from leases, parking and other sources.

(3) Building use  –  means the predominate use of space associated with the facility, including: agricultural, armory, conditioned storage, conference center, data center,  educational, food services, gym/exercise/sports venue, laboratory, medical care, museum/exhibit, not otherwise classified, office, penal, recreational, residential, unconditioned storage, unenclosed structure, utility, or workshop.

(4) Condition assessment  –  means the identification and description of capital improvement and/or deferred maintenance project needs associated with the facility, also referred to as deficiencies.  Information to be disclosed for each known deficiency affecting the facility includes the following:

(a) Deficiency category (i.e., special, electrical, site, HVAC, plumbing, roofing, structure, envelope, code and licensure, interior, or general);

(b)  Whether or not funds have been appropriated by the legislature to correct the deficiency;

(c) The estimated cost associated with correcting the deficiency; and

(d) A brief description of the deficiency.

(5) Facility –  means the buildings, structures, and building systems, but does not include transportation facilities of the state transportation system.

(6) Full-Time Equivalent Occupancy  –  means the number of full-time equivalent positions, including state employees, contractors, and Other Personal Services (OPS), assigned to the facility, if applicable.

 

(7) Known Restrictions or Historic Designations  –  means any known, existing conditions that could interfere or serve as an obstacle in the use or resale of the facility, including, but not limited to, deed restrictions, covenants and restrictions, zoning restrictions, historic designations or reversion clauses.

(8) Lease  –  means the contract or agreement granting use or occupation of a facility during a specified period in exchange for a specified rent payment.

(9) Location  –  means the place upon which the facility is physically located. For State-owned and leased facilities, this information is expressed by United States Postal Service address.  For State-owned facilities, this information would also include geographic information system (GIS) coordinate information as necessary to locate the facility.

(10) Maintenance record  –  means the retention of capital improvement and/or deferred maintenance project information associated with a facility.

(11) Occupying Agency  –  means the agency that occupies a facility.

(12) Ownership  –  means the type of ownership associated with the facility, including the following:

(a) Agency Owned – Agency has title ownership of the facility;

(b) Board of Trustees Owned – Agency manages the facility on behalf of the state Board of Trustees of the Internal Improvement Trust Fund. The managing agency has full operational control and maintenance responsibility for the facility;

(c) Government Lease (Agency) – The facility is owned by an Agency, and the occupying agency has full operational control and maintenance responsibility for the facility; and

(d) Government Lease (Other) – The facility is owned by a different government entity (non-Agency) from the occupying agency and the occupying agency has full operational control and maintenance responsibility for the facility.

(13) Operating Costs  –  means all the known costs to maintain and operate the facility, including, but not limited to: maintenance and repairs; landscaping; facility manager, maintenance and other staff salaries and benefits; insurance; pest control; security; janitorial; and other contractual services or costs.  Operating costs should be expressed on an annualized basis utilizing the latest and best information, which can be for the latest available calendar or fiscal year, or other 12-month period. This does not mean utilities costs or capital improvement costs.

(14) Parking and Employee Facilities – means a description of facility amenities, including: parking lot; shower and/or locker room, exercise or fitness center; child care; food services; parking; parking structure or garage.

(15) Size – for State-owned facilities, size is defined as the footprint area of the facility under roof, expressed as gross square footage, excluding awnings or canopies.  For State-leased facilities, size is defined as the net rentable space, as measured in accordance with the standard method of space measurement.

(16)  Sublease  –  means the contract or agreement whereby a lessee within a facility leases out a portion or all of their leased space within a facility to another entity.

(17)  Valuation –  means the latest available tax roll structure value and tax roll land value associated with the facility and the property on which the facility is located, as indicated from the county property appraiser’s office.

Rulemaking Authority 216.0152(1) FS. Law Implemented 216.0152 FS. History-New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Bryan Bradner
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Craig J Nichols
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 1-28-13
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/7/13 and 3/1/13