Definitions, Department Approval of Space Need, Use of Approved Forms, Procurement of Leases of 5,000 Square Feet or More, Procurement of Leases of Less Than 5,000 Square Feet, Turnkey (Lease) Construction Program, Department Prior Approval, ...

DEPARTMENT OF MANAGEMENT SERVICES
Division of Facilities Management

RULE NO: RULE TITLE
60H-1.001: Definitions
60H-1.002: Department Approval of Space Need
60H-1.003: Use of Approved Forms
60H-1.015: Procurement of Leases of 5,000 Square Feet or More
60H-1.016: Procurement of Leases of Less Than 5,000 Square Feet
60H-1.017: Turnkey (Lease) Construction Program
60H-1.021: Department Prior Approval
60H-1.022: Department Final Approval
60H-1.023: Lease Modifications
60H-1.024: Lease Extensions
60H-1.025: Disclosure Statements
60H-1.0261: Change of Ownership
60H-1.028: Information and Forms

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 6, February 12, 2010 issue of the Florida Administrative Weekly.

60H-1.001 Definitions.

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

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,________.

 

60H-1.002 Department Approval of Space Need.

(2) The requesting Agency shall:

(a) Submit Department Form 4105 “Request for Space Need” effective May 2010 incorporated by reference in this rule, 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” effective May 2010 incorporated by reference in this rule, 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.

60H-1.003 Use of Approved Forms.

(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 Bbest Iinterests of the Sstate. The request shall also contain the following:

(a) Verification from the agency that the Bbest Iinterests of the Sstate 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.

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

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

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

(o) If ownership is considered foreign to the State of Florida a certificate of authority pursuant to Section 6067.1501, 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 its 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.

Rulemaking Specific Authority 255.249(4) FS. Law Implemented 255.249(2)(b), (4), 255.21, 255.25(3), (5), (7), 255.254, 255.257(4) 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” effective May 2010 incorporated by reference in this rule, summarizing the quotes received and submit to the Department for review.

Rulemaking Specific Authority 255.249(4) FS. Law Implemented 255.249(2), (4), 255.25(2)(b),(8), 255.257(4) FS. History–New _________.

 

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) The Department has been notified, in writing, of the Agency’s intent to seek a Turnkey Lease as defined in Rule 60H-1.1001, Florida Administrative Code.

(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 dDeveloper 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 a specified time and date as specified by the Agency ___ (Time), ___ (Date), to the ___ (Department), ___ (Location or Street Address), ___ (City), ___ (State).

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

(5) The Developer’s requirements as requested by the Agency and the Department: The Agency shall require the following from the Developer:

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

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

(c)a. Complete and satisfactory evidence of ownership;

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

(e)c. A site survey; and

(f)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.

(g)3. Completion date (the date that the building will be offered to the sState for acceptance), contingent upon dDeveloper’s aAuthorization to Pproceed.

(h)4. Developers shall indicate Tthe specific period of time that a response will remain open; such period shall be a minimum of sixty 60 days.

(i)5. Site improvement information including shall include the following:

1.a. Grading outside buildings;

2.b. Sanitary and storm sewers;

3.c. Landscaping;

4.d. Paving and retaining walls;

5.e. Water;

6.f. Gas and electric distribution systems; and

7.g. Extraordinary excavation and/or foundations.

(j)6. Life cCycle cCost aAnalysis pursuant to subsection 255.255, Florida Statutes. See Rule 60H-4.004, Florida Administrative Code for requirements.

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

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

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

(l)8. A The response submitted by a Developer shall be signed by the dDeveloper 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 dDeveloper’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.

(6) 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.

(7)9. The project review package shall contain:

(a)a. A letter of transmittal setting forth:

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

(2)(ii) Statement by the Agency head that there is no suitable existing facility available.

(b)b. Proof of Aadvertisement.

(c)c. A list of the responses to the advertisements.

(d)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.

(e)11. The Agency’s recommendation with justification -:

(8) 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” effective May 2010 incorporated by reference in this rule; and

(d) A completed Department Form 4137A “Quote Synopsis” effective May 2010 incorporated by reference in this rule.

(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” effective May 2010 incorporated by reference in this rule; 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 lease action, as described in the required submissions, is as stipulated in this subsection, are in the Best Interests of the State.

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

 

60H-1.022 Department Final Approval.

(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” effective May 2010 incorporated by reference in this rule.

(3) The Department shall grant Final Approval when the lease action, as described in the required submissions, is as stipulated in this subsection, are the Best Interests 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.

(2) Any lease not procured through a competitive solicitation may not be modified to exceed a total square footage of 4,999 within the first 12 months of the lease.

(3)(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.

(4)(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.

(3) The Department will approve extensions of an existing Lease if such extensions are determined by the Department to be in the Best Interests 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 by the Agency head that of justification the lease extension is in the Best Interests of the State.

60H-1.025 Disclosure Statements.

(1) Pursuant to subsections 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” effective May 2010  incorporated by reference in this rule, 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” effective May 2010 incorporated by reference in this rule, 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.

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-1.0261 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” effective May 2010 incorporated by reference in this rule.

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

 

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 Real Estate Development

and Facilities Management

Bureau of Property Management

4050 Esplanade Way, Suite 315

Building 4030, Suite 380

Tallahassee, Florida 32399-0950

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