To amend existing Chapter 60H-1, 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-1.001: Definitions
60H-1.002: Division Approval; When Required
60H-1.003: Standard Lease Agreement Form
60H-1.004: Filing of Leases
60H-1.006: Escalation Clauses
60H-1.007: Right-to-Terminate Clause Required
60H-1.009: Notice of Renewal
60H-1.013: Fire Code Compliance in Leased Space
60H-1.015: Leases of 5,000 Square Feet or More
60H-1.017: Turnkey (Lease) Construction Program
60H-1.022: Prior Approval of Space Need
60H-1.025: Disclosure Statement - Private Entities
60H-1.026: Disclosure Statement - Public Officials
60H-1.027: Legal Review
60H-1.028: Information and Forms
60H-1.029: Evaluation of Responses
60H-1.030: Rental Rate Guidelines for Privately Owned Space
PURPOSE AND EFFECT: To amend existing Chapter 60H-1, 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.
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: March 8, 2010, 9:00 a.m. – 11:30 a.m.
PLACE: Betty Easley Conference Center, 4075 Esplanade Way, Building 4075, Room 152, Tallahassee, Florida 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, 4050 Esplanade Way, Tallahassee, Florida 32399-2100, phone: [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-1.001 follows. See Florida Administrative Code for present text.)

60H-1.001 Definitions.

Terms are used herein as defined in the referenced law, Section 255.248, Florida Statutes. In addition, the following terms shall also apply:

(1) “Agency” shall mean an official, officer, commission, authority, council, committee, department, division, bureau, board, section or other unit or entity of the Executive Branch of the government of the State of Florida.

(2) “Agency Lease” shall mean an agreement to lease a building or any part thereof other than a Florida Facilities Pool property as identified in Section 255.505, Florida Statutes.

(3) “Approval of Space Need” shall mean the Department’s acknowledgement that an Agency has met the requirements of Rule 60H-1.002, Florida Administrative Code and, therefore, may proceed to procure, but not execute, the associated lease.

(4) “Best Interest of the State” shall mean an efficient and economical use of state resources as determined by the Department.

(5) “Certificate of Compliance” shall mean the Department’s form with which an Agency conforms that a lease was executed in compliance with all leasing criteria as provided in Chapter 255, Florida Statutes.

(6) “Department” shall mean the Department of Management Services.

(7) “Final Approval” shall mean the Department’s acknowledgement that all applicable requirements have been met and, upon required Department signature, the associated lease is fully-executed.

(8) “Lease Action” shall mean the execution, modification, renewal, termination or cancellation of an agreement for the use of real property.

(9) “Lease Agreement” shall mean the standard lease form as defined in Rule 60H-1.003, Florida Administrative Code.

(10) “Lease Clause” shall mean a distinct article, stipulation or provision of a Lease Agreement.

(11) “Nominal Lease” shall mean any lease which results in a total of all payments made by lessee to lessor of less than $1.00.

(12) “Prior Approval” shall mean the Department’s acknowledgement that an Agency has met the requirements of Rule 60H-1.021, Florida Administrative Code and, therefore, may proceed to execute the associated lease.

(13) “Pool Facility” shall mean a facility under the care and direction of the Department pursuant to subsection 255.505, Florida Statutes.

(14) “Program Director” shall mean the head of the Department or his or her designee.

(15) “Turnkey Lease” shall mean a lease in which a single entity is procured, through Competitive Solicitation, to perform all primary activities including, but not limited to, the financing, design, development and post-construction management of real property.

(16) “Warehouse Space” shall mean real property used primarily as storage.

Rulemaking Specific Authority 255.249, 255.25, 255.503(11) FS. Law Implemented 255.249, 255.25(2), 255.503 FS. History–New 8-11-75, Amended 8-27-75, 4-25-79, Formerly 13D-7.01, Amended 3-18-86, Formerly 13M-1.001, Amended 4-27-04,_________.

 

(Substantial rewrite of Rule 60H-1.002 follows. See Florida Administrative Code for present text.)

60H-1.002 Department Division Approval; of Space Need When Required.

(1) No Agency may proceed with the procurement, negotiation or execution of a Lease unless an Approval of Space Need has been granted by the Department.

(2) The requesting Agency shall:

(a) Submit Department Form 4105 (Request for Space Need) which clearly states:

1. The contact details for the requesting Agency; and

2. The square footage and location of the desired Lease; and

3. The intended procurement method.

(b) Submit Department Form 4100 (Space Allocation Worksheet) completed in compliance with Rule 60H-1.0021, Florida Administrative Code; and

(c) Acknowledge that no suitable State-owned space would meet the leasing needs being sought.

(3) The Department shall grant the Approval of Space Need when the required submissions, as stipulated in this subsection, are in compliance with rule and are in the Best Interest of the State.

Rulemaking Specific Authority 255.25, 255.249, 255.503(11) FS. Law Implemented 255.249(4)(b), (k), (5), 255.25(2)(b), (3)(b), (4)(a), 255.503 FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.02, Amended 3-18-86, Formerly 13M-1.002, Amended 2-21-96, 5-13-03,_________.

 

(Substantial rewrite of Rule 60H-1.003 follows. See Florida Administrative Code for present text.)

60H-1.003 Use of Approved Forms Standard Lease Agreement Form.

(1) The Department shall publish approved forms for use by Agencies for actions under Sections 255.248, 255.249 and 255.25, Florida Statutes.

(2) Other lease terms or conditions which supplement, remove, or modify any lease term or condition of an approved form may be used only with approval from the Department.

(3) Any Agency request for changes to an approved form or for use of an alternate form shall be submitted to the Department in writing and state with reasonable particularity why the form modification or use of alternate form is necessary and in the best interest of the state. The request shall also contain the following:

(a) Verification from the agency that the best interests of the state are met with the request; and

(b) Agency’s general counsel’s approval that the use of the requested language is consistent with all applicable laws.

(4) Unless the Department’s approval has been obtained in accordance with this rule, any such change shall be considered null and void.

Rulemaking Specific Authority 255.249(5), 255.25(2) FS. Law Implemented 255.249 (4)(b),(e), (k), 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.03, Amended 3-18-86, Formerly 13M-1.003, Amended 9-30-96, 5-13-03, 4-27-04, 7-12-07,_________.

 

60H-1.004 Filing of Leases.

Rulemaking Specific Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.04, 13M-1.004, Repealed_________.

 

(Substantial rewrite of Rule 60H-1.006 follows. See Florida Administrative Code for present text.)

60H-1.006 Escalation Clauses.

No Agency’s Lease shall contain an open rate, including Consumer Price Index or open rental escalation clause.

Rulemaking Specific Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.06, 13M-1.006, Amended 4-27-04,_________.

 

60H-1.007 Right-to-Terminate Clause Required.

Rulemaking Specific Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.07, 13M-1.007, Amended 5-13-03, 8-5-03, 4-27-04, Repealed_________.

 

60H-1.009 Notice of Renewal.

Rulemaking Specific Authority 255.249(2), 255.25 FS. Law Implemented 255.25(2) FS. History–New 8-11-75, Amended 4-25-79, Formerly 13D-7.09, Amended 3-18-86, Formerly 13M-1.009, Amended 2-21-96, 5-13-03, Repealed_________.

 

(Substantial rewrite of Rule 60H-1.013 follows. See Florida Administrative Code for present text.)

60H-1.013 Fire Code Compliance in Leased Space.

(1) Any building to be leased by a state Agency shall comply with the Uniform Fire Safety Standards of the Division of the State Fire Marshal.

(2) The Department shall withhold approval of any proposed Lease until the facility or construction or renovation plan complies with the Uniform Fire Safety Standards of the Division of the State Fire Marshal.

(3) The cost of all modification or renovations made for the purpose of bringing leased property, other than a pool facility, into compliance with uniform fire safety standards shall be borne by the lessor.

Rulemaking Specific Authority 255.249, 255.25 FS. Law Implemented 255.25(5), 281.02 FS. History–New 4-25-79, Formerly 13D-7.091, Amended 3-18-86, Formerly 13M-1.013, Amended _________.

 

(Substantial rewrite of Rule 60H-1.015 follows. See Florida Administrative Code for present text.)

60H-1.015 Procurement of Leases of 5,000 Square Feet or More.

(1) No Agency shall enter into a lease for 5,000 square feet or more of space in a privately owned building without procurement through Competitive Solicitation.

(2) Without regard to square footage, no agency shall enter into, within any 12-month period, more than one lease in the same privately owned facility or complex except upon procurement through Competitive Solicitation.

(3) Procurement specifications for Competitive Solicitation shall be drawn in general terms so as to allow for ample competition and to not favor any particular potential responder.

(4) Agency requirements detailed in a Competitive Solicitations shall state:

(a) Approximate Net Usable Square Feet required, consistent with Rule 60H-2.002, Florida Administrative Code; and

(b) Preliminary floor plan for use of desired space; and

(c) Geographic information sufficient to determine whether a potential property is within the Agency’s desired boundaries; and

(d) Requested occupancy date; and

(e) Desired term of lease and potential for renewal options; and

(f) Date by which responses must be received; and

(g) Anticipated date for award of procurement; and

(h) Services required, including parking, dining and transportation requirements.

(5) Respondent requirements detailed in a Competitive Solicitation shall state that lessor shall:

(a) Indicate whether proposed leased space is in an Energy Star Building Rating, as determined by the United States Department of Energy; and

(b) Secure a life-cycle cost analysis pursuant to subsection 255.254(1), Florida Statutes and Rule 60D-4.007, Florida Administrative Code; and

(c) Provide monthly energy use data to the Department, pursuant to subsection 255.254(1), Florida Statutes; and

(d) Enter into a Lease approved by the Department; and

(e) Provide a scaled floor plan showing present configurations and measurements that equate to Net Usable Square Footage offered; and

(f) Comply with the requirements of Chapter 60D-1, Florida Administrative Code, Design Standards for Special Facilities for the Physically Disabled, if awarded lease; and

(g) Maintain offer, as set forth in response to Competitive Solicitation, for a minimum of thirty (30) days following the public response due date; and

(h) Comply with the Uniform Fire Safety Standards if awarded lease; and

(i) Propose a rental rate per square foot per year that will include all renovations and other special requirements necessary to accommodate the program at the time of initial occupancy; and

(j) Provide per square foot rental rates for all years of the proposed lease including renewals, if any; and

(k) Provide a general description of the space such as a room number, building name, and physical address; and

(l) Specifically address each requirement and specification; and

(m) Contain the signature of the owner(s), corporate officer(s) or legal representative(s). If authority to transact business has been granted by the owner or officer, written evidence of this authority must accompany the response; and

(n) Contain the corporate, trade or partnership name either stamped, written or typewritten beside the actual signature(s); and

(o) If ownership is considered foreign to the State of Florida a certificate of authority pursuant to Section 606.1501, Florida Statutes must accompany the response. Lessor must include proof of the lessor’s authority to offer the facility, i.e., copy of lessor’s option to purchase (if the lessor is not the owner or owner’s representative). This option must be valid through the time period stated in the solicitation for which responses may not be withdrawn.

(6) Replacement Lease.

If the Agency determines that it is in their best interest to remain in their present location a replacement lease may be negotiated 12 to 18 months prior to lease expiration if:

(a) An independent comparative market analysis demonstrates that the rental rates of the replacement lease will be at or below the total of the market rates for a comparable lease plus moving costs; and

(b) The term does not exceed the base term of the lease being replaced; and

(c) All other leasing requirements are met.

(7) This rule shall not apply to:

(a) Department approved emergency acquisition of space under the requirements of subsection 255.25(10), Florida Statutes; or

(b) Leases for the purpose of providing care and living space for persons, provided the Agency has filed with the Department a certificate of exemption demonstrating that the lease is exempt from Competitive Solicitation under paragraph 255.249(4)(b) or 255.25(3)(b), Florida Statutes; or

(c) Leases having a term of less than 120 consecutive days for the purpose of securing a one-time special use of the leased property; or

(d) Replacement leases, as defined in subsection 255.25(3)(c), Florida Statutes.

Rulemaking Specific Authority 255.249(4) FS. Law Implemented 255.249(2)(b), (4), 255.21, 255.25(3), (5), (7), 255.254 FS. History– New 4-25-79, Amended 4-19-83, Formerly 13D-7.092, Amended 3-18-86, Formerly 13M-1.015, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07,_________.

 

60H-1.016 Procurement of Leases of Less Than 5,000 Square Feet.

(1) For all leases under 5,000 square feet at least three quotes documented quotes are required which must have the following information:

(a) Prospective leased premises building name, if applicable; and

(b) Property physical and mailing address; and

(c) Prospective landlord full name and business address; and

(d) Proposed Net Usable Square Feet being offered; and

(e) Proposed rate per Net Usable Square Foot for each year of the term of the lease; and

(f) Proposed term in years; and

(g) Date proposed leased space will be available; and

(h) Proposed tenant improvement amount to be offered; and

(i) Proposed landlord’s agent or representative, if applicable; and

(j) Whether the proposed facility is an “Energy Star” qualified facility as defined by the United States Environmental Protection Agency and the United States Department of Energy.

(2) Upon receipt of documented quotes as stipulated in this subsection, the Agency shall complete Department Form 4137A (Quote Synopsis) summarizing the quotes received and submit to the Department for review.

(3) Without regard to square footage, no Agency shall enter into, within any 12-month period, more than one lease in the same privately owned facility or complex except upon procurement through Competitive Solicitation.

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(2), (4), 255.25(2)(b), (8) FS. History–New_________.

 

(Substantial rewrite of Rule 60H-1.017 follows. See Florida Administrative Code for present text.)

60H-1.017 Turnkey (Lease) Construction Program.

(1) The Department shall have the authority to approve a lease under this rule when the following conditions have been met:

(a) An appropriate procurement has been attempted and no suitable space has been identified; and

(b) Approval of Space Need has been obtained, in accordance with Rule 60H-1.002, Florida Administrative Code; and

(c) Department has been notified, in writing, of the Agency’s intent to seek a Turnkey Lease as defined in Rule 60H-1.001, Florida Administrative Code.

(2) The Agency shall prepare the following:

1. Performance specifications; and

2. Optimum Site and Building Requirements; and

3. Unique Planning Information; and

4. Lease Agreement; and

5. Intended User’s program.

(3) The Agency shall advertise, setting forth means by which building specifications may be obtained.

(4) The Agency shall advise respondents that no State payments for use of space being developed will be made prior to final acceptance and approval of the completed building and its site, in accordance with the terms and conditions set forth in the Department’s Standard Lease Agreement form.

(a) The Agency will advise that if a Developer is interested in developing a structure for the purpose indicated and in leasing the building and its site to the State of Florida, the Developer should submit his best response or responses by ___ (Time), ___ (Date), to the ___ (Department), ___ (Location or Street Address), ___ (City), ___ (State).

(b) The Agency will set the response period depending upon the complexity of the needed facility. The Developer’s requirements as requested by the Agency and the Department:

1. Agreement to enter into a lease-build contract on the Department’s Standard Lease Agreement form setting forth the terms and conditions therein.

2. Intent to furnish 100% Performance Bond if response is accepted.

a. Complete and satisfactory evidence of ownership;

b. Local tax assessor’s appraisal of the site;

c. A site survey; and

d. The Developer’s estimated valuation cost of construction $___ per square foot, for ___ gross square feet, and provide a statement of rental rate per square foot, including necessary maintenance and operations costs.

3. Completion date (the date that the building will be offered to the State for acceptance), contingent upon Developer’s Authorization to Proceed.

4. Developers shall indicate the period of time that a response will remain open; such period shall be a minimum of sixty 60 days.

5. Site improvement information shall include the following:

a. Grading outside buildings;

b. Sanitary and storm sewers;

c. Landscaping;

d. Paving and retaining walls;

e. Water;

f. Gas and electric distribution systems; and

g. Extraordinary excavation and/or foundations.

6. Life Cycle Cost Analysis pursuant to Section 255.255, Florida Statutes. See Rule 60H-4.004, Florida Administrative Code for requirements.

7. Building information which will enable the Department to review both the functional and aesthetic aspects of the building including:

a. Floor plans showing proposed utility core, office space, public space, corridors and parking areas (scale 1'' equals 8').

b. Elevations and cross sections of buildings indicating exterior material and colors (scale 1'' equals 8').

8. A response submitted by a Developer shall be signed by the Developer or his or her duly authorized representative. Corporate, trade, or partnership titles may be stamped, written or type-written, but the actual signature of the authorized representative must appear on the response. If the response is signed by a Developer’s agent, the agent must demonstrate authority to sign and it shall accompany the response. Evaluation of responses will be made by the Agency on the basis of price, design, characteristics of construction, completion date, location (including environment or characteristics of surrounding neighborhood), public transportation availability, availability of parking facilities, availability of satisfactory dining facilities, and conformance to the Agency program, performance specifications, and floor layout plan. The Agency then presents the entire “project review package” to the Department.

9. The project review package shall contain:

a. A letter of transmittal setting forth:

(i) The fact that “this is a lease-build response,” and

(ii) Functional and staff justification as to the facility’s necessity.

b. Proof of Advertisement.

c. A list of the responses to the advertisements.

d. Set of the Agency’s program, any unique planning information, performance specifications (building and site), site description and/or delineated area, floor layout plan, and property appraisal.

10. All responses submitted to the Agency must be in accordance with guidelines developed.

11. Agency’s recommendation with justification. The Department will review the project. If it concurs with the Agency’s recommendation, it will give approval and return to the User Agency for execution. The Agency and the Department must be in joint agreement on the response before approval is granted.

12. A physical inspection of completed buildings and sites will be made by the various Agencies who will, in turn, supply the Division of Facilities Management with a certificate of acceptance, and a certificate citing the date of occupancy.

Rulemaking Specific Authority 255.249, 255.25 FS. Law Implemented 255.25(1), (2)(a) FS. History–New 8-11-75, Formerly 13D-7.10, Amended 3-18-86, Formerly 13M-1.017, Amended 2-21-96, 4-27-04, 7-12-07,_________.

 

60H-1.021 Department Prior Approval.

(1) No Agency may proceed with the execution of a Lease Action unless the Department has granted Prior Approval for the Lease Action.

(2) For Leases of less than 5,000 feet, the requesting Agency shall submit:

(a) An unexecuted Lease Agreement pursuant to Rule 60H-1.003, Florida Administrative Code; and

(b) A minimum of three documented quotes; and

(c) A completed Department Form 4113 (Certificate of Compliance); and

(d) A completed Department Form 4137A (Quote Synopsis).

(3) For Leases of 5,000 square feet or greater, the requesting Agency shall submit;

(a) An unexecuted Lease Agreement pursuant to Rule 60H-1.003, Florida Administrative Code; and

(b) A copy of procurement documents issued for the Competitive Solicitation; and

(c) A copy of all responses to the Competitive Solicitation; and

(d) A completed Department Form 4137 (Bid Synopsis); and

(e) Scaled drawings in hardcopy or electronic format; and

(f) The Sustainable Building Rating as obtained from the United States Department of Energy; and

(g) The completed Energy Performance Analysis.

(4) The Department shall grant Prior Approval when the required submissions, as stipulated in this subsection, are in the Best Interest of the State.

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(4)(b), (k), 255.25(2)(b) FS. History–New_________.

 

(Substantial rewrite of Rule 60H-1.022 follows. See Florida Administrative Code for present text.)

60H-1.022 Department Final Prior Approval of Space Need.

(1) No Lease shall become fully executed until the Department has granted Final Approval for the Lease Action.

(2) The requesting Agency shall submit:

(a) All lease documents fully-executed by both the Agency and the lessor, consistent with Chapter 60H-1, Florida Administrative Code; and

(b) Approval from the State Fire Marshal; and

(c) Department Form 4114 (Disclosure Statement)

(3) The Department shall grant Final Approval when the required submissions, as stipulated in this subsection, are in the Best Interest of the State.

Rulemaking Specific Authority 255.249, 255.25 FS. Law Implemented 255.25(2)(b), (3), (4), (5) FS. History–New 3-18-86, Formerly 13M-1.022, Amended 2-21-96, 5-13-03, 4-27-04, 7-12-07,_________.

 

60H-1.023 Lease Modifications.

(1) An Agency wishing to execute a Lease modification shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) An Agency may enter into a modification of a lease to increase the square footage by no more than 4,999 square feet if the modification is upon the same terms and conditions of the approved lease.

(3) An Agency may enter into, within any 12-month period, more than one modification to increase the square footage, provided the total space acquired by modification within the 12-month period is less than 5,000 square feet.

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(4)(b), 255.25(1)(b), (3)(c) FS. History–New_________.

 

60H-1.024 Lease Extensions.

(1) An Agency wishing to execute a Lease extension shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) The leasing rules applicable to each Lease are determined at the time of initial execution of the original Lease Agreement.

(3) The Department will approve extensions of an existing Lease if such extensions are determined by the Department to be in the Best Interest of the State.

(4) All Agency requests for an extension under this clause shall be submitted in writing to the Department no less than sixty (60) days before a lease is to end. The agency shall furnish a statement of justification for the extension.

(5) The Department shall review the request and issue a written decision.

Rulemaking Authority 255.249(4) FS. Law Implemented 255.249(4)(b), 255.25(1)(b), (3)(c) FS. History–New_________.

 

60H-1.0241 Lease Renewals.

(1) An Agency wishing to execute a Lease renewal shall obtain the Department’s Approval of Space Need, Prior Approval and Final Approval.

(2) A copy of the notice of renewal, with proof of the date the notice was received by the lessor clearly marked thereon, shall be furnished to the Department.

(3) The Agency shall submit a Form FM 4113 (Certificate of Compliance).

Rulemaking Authority 255.249(2), 255.25 FS. Law Implemented 255.25(2) FS. History–New_________.

 

(Substantial rewrite of Rule 60H-1.025 follows. See Florida Administrative Code for present text.)

60H-1.025 Disclosure Statements – Private Entities.

(1) Pursuant to Sections 255.249(4)(h) and 255.249(4)(j), Florida Statutes, no Lease Action shall be approved unless the Agency has submitted Form Number 4114 (Disclosure Statement) completed in full compliance with the law.

(2) Each subsequent Lease Action for which a Disclosure Statement has been required may be accompanied by a lessor’s affidavit, Form Number 4114A (Disclosure Update), that the previous Disclosure Statement submitted on (date to be provided) is still valid, if no change in the interest held or individuals concerned has occurred.

(3) It is not necessary to make disclosure under subsections (1) and (2) of any beneficial interest which is represented by stock in any corporation registered with the Securities and Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, which stock is for sale to the general public. A statement certifying the registration shall be provided the Department.

(4) It is not necessary to make disclosure under subsections (1) and (2) of any leasehold interest in property located outside the territorial boundaries of the United States.

Rulemaking Specific Authority 255.249(4) FS. Law Implemented 255.249(4)(h) FS. History–New 4-5-76, Amended 4-25-79, Formerly 13D-7.15, 13M-1.025, Amended_________.

 

60H-1.026 Disclosure Statement – Public Officials.

Rulemaking Specific Authority 255.249(2) FS. Law Implemented 255.249(2)(i) FS. History–New 4-5-76, Amended 4-25-79, Formerly 13D-7.16, 13M-1.026, Repealed_________.

 

60H-1.0261 Change of Ownership.

(1) If ownership of a leased facility changes during the term of the Lease, the Department must be furnished a copy of the deed or other legal document effecting transfer of facility and the Department’s Form 4114 (Disclosure Statement).

(2) If the lessor requests rent payments be made to a different person, entity or address other than that which is stated on the Lease, they must notify the respective Agency in writing of the changes, and the Agency will notify the Department.

Rulemaking Authority 255.249(2) FS. Law Implemented 255.249(2)(h), (4) FS. History–New_________.

 

(Substantial rewrite of Rule 60H-1.027 follows. See Florida Administrative Code for present text.)

60H-1.027 Legal Review.

(1) Lease Actions using approved forms, as defined in rule 60H-1.003, shall not require approval of the Department’s Office of General Counsel.

(2) Lease Actions using non-approved forms, as defined in Rule 60H-1.003, Florida Administrative Code, shall require signature by the Offices of General Counsel of both the respective Agency and the Department.

Rulemaking Specific Authority 255.249(2)(a), (e) FS. Law Implemented 255.249(1), (3), (4)(e), 255.25(2) FS. History–New 4-25-79, Formerly 13D-7.17, 13M-1.027, Amended 2-21-96, 5-13-03,________.

 

(Substantial rewrite of Rule 60H-1.028 follows. See Florida Administrative Code for present text.)

60H-1.028 Information and Forms.

Information and copies of all forms named in this Chapter may be obtained from:

Department of Management Services

Division of Facilities Management

Bureau of Property Management

4050 Esplanade Way

Building 4030, Suite 380

Tallahassee, Florida 32399-0950

Rulemaking Specific Authority 120.53(1)(a), 255.249(4)(2)(a) FS. Law Implemented 255.21, 255.249, 255.25, 255.254 FS. History– New 4-25-79, Formerly 13D-7.18, 13M-1.028, Amended 2-21-96,_________.

 

60H-1.029 Evaluation of Responses.

Rulemaking Specific Authority 255.249(4)(b) FS. Law Implemented 255.25 FS. History–New 12-18-84, Formerly 13D-7.19, 13M-1.029, Amended 4-27-04, Repealed_________.

 

60H-1.0291 Filing of Leases.

A copy of each agency lease shall be filed with the Department at the following address:

Department of Management Service

4050 Esplanade Way

Building 4050, Suite 315

Tallahassee, FL 32399-0950

Rulemaking Authority 255.25 FS. Law Implemented 255.25(2) FS. History–New________.

 

(Substantial rewrite of Rule 60H-1.030 follows. See Florida Administrative Code for present text.)

60H-1.030 Availability of Rate and Market Information Data Rental Rate Guidelines for Privately Owned Space.

The Department shall supply Agencies with regional market information and rental rates upon request.

Rulemaking Specific Authority 255.249(4)(a)(f) FS. Law Implemented 255.249(4)(a)(e), 255.25(2) FS. History–New 4-1-85, Formerly 13D-7.20, Amended 3-18-86, Formerly 13M-1.030, Amended 2-21-96, Amended 9-30-96, 5-13-03, 4-27-04,_________.

 

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 4, 2009