reglab/statecodes huggingface dataset:
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-7 - MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES › Section 60D-7.005 - Minimum Basic Codes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 553.73(1), (2)
					 FS. Law Implemented 553.73
					 FS.
New 9-7-81, Amended 7-10-85, Formerly 13D-17.05, Amended
					 10-31-90, Formerly 13D-17.005, Amended 5-12-96, Repealed
					 10-24-11.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-7 - MINIMUM CODES FOR STATE CONSTRUCTION UNDER THE JURISDICTION OF THE DEPARTMENT OF MANAGEMENT SERVICES › Section 60D-7.006 - Code Panel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.21(2) FS.
					 Law Implemented 255.21(2)
					 FS.
New 5-12-96, Repealed
					 12-22-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.29(4),
					 287.055(9)(c)
					 FS. Law Implemented 255.29,
					 287.055(9)
					 FS.
New 6-23-87, Formerly 13D-23.001, Amended 5-7-96, 7-5-98,
					 Repealed 12-27-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Design-Build" means providing one single
				administrative entity (a "firm" as defined herein) responsible for design and
				construction under one contract where services within the scope of practice of
				architecture, or professional engineering as defined by the laws of the State
				of Florida are performed by a registered architect or professional engineer and
				where those services within the scope of construction contracting as defined by
				the laws of the State of Florida for construction are performed by a certified
				or registered contractor as applicable according to Florida Statutes.
(2) "Firm" means a "design-build firm" as
				defined in Section  287.055(2)(h),
				F.S.
(3) "Project" means that fixed
				capital outlay project described in the public announcement including:
(a) Individual facilities;
(b) Grouping of facilities, rehabilitation
				and/or renovation activities.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.003 - Selection of the Design Criteria Professional

Current through Reg. 50, No. 138; July 16, 2024
The design criteria professional shall be selected and
				  contracted with in accordance with the requirements of Section
				   287.055(10),
				  F.S., unless he or she is an employee of the agency. He or she will not be
				  eligible to render services under the design-build contract.
Rulemaking Authority
					 255.29(4),
					 287.055(10) FS.
					 Law Implemented 255.29,
					 287.055(10)
					 FS.
New 6-23-87, Formerly 13D-23.003, Amended
					 7-5-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.004 - Design Criteria Package Requirements

Current through Reg. 50, No. 138; July 16, 2024
A design criteria package shall be prepared for the Division
				  by the Design Criteria Professional. It shall specify performance criteria for
				  the building including, but not limited to, size, net interior space
				  provisions, location, material quality standards, cost, construction schedule,
				  site development requirements, landscaping, grading, utility provisions for
				  water, power, telephone, storm water disposal and parking provisions. The
				  purpose of the package is to furnish sufficient information upon which firms
				  may prepare bid proposals or upon which negotiations may be based. The firm to
				  whom the design-build contract is awarded will be responsible for creation of
				  the project design based on the criteria in the design criteria
				  package.
Rulemaking Authority
					 255.29(4) FS.
					 Law Implemented 255.29
					 FS.
New 6-23-87, Formerly
					 13D-23.004.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.005 - Minimum Qualification Requirements for Firms Providing Design-Build Services

Current through Reg. 50, No. 138; July 16, 2024
Before submitting a proposal, firms offering to provide
				  design-build services under Rule
				   60D-13.008, F.A.C., shall
				  satisfy the qualification requirements set forth in paragraphs
				   60D-5.004(1)(a) and
				  (2)(a), F.A.C.
Rulemaking Authority
					 255.29(4),
					 287.055(9)(c)
					 FS. Law Implemented 255.29,
					 287.055(9)
					 FS.
New 6-23-87, Formerly 13D-23.005, Amended
					 7-5-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.006 - Public Announcement Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Except as authorized by subsection (2) for a design-build project that is
				projected to cost no more than $200, 000 (a "small project"), the agency shall
				publish an announcement in the "Florida Administrative Weekly" published by the
				Department of State, Division of Elections, Tallahassee, Florida 32399,
				available by subscription through the Division of Elections, or on the Florida
				Communities Network at http://fcn.state.fl.us/dms/dbc/oppor1.html providing a
				general description of the project and defining procedures on how interested
				qualified firms may apply for consideration.
(2) The Department of Management Services may
				declare an emergency and waive the publication of notice for a small project.
				An emergency is a set of circumstances caused by a sudden unexpected turn of
				events (e.g., acts of God, riot, fires, floods, accidents or any circumstances
				or cause beyond the control of the agency in the normal conduct of its
				business) where the delay incident to publication of the announcement and
				competitive proposals would result in an immediate danger to the public health,
				safety or welfare or other substantial loss to the state.
(3) For a project that is projected to cost
				more than $200, 000, the agency shall comply with the advertising requirements
				of Section  255.0525,
				F.S.
Rulemaking Authority
					 255.29(4),
					 287.055(9)(c)
					 FS. Law Implemented 255.29,
					 287.055(9)
					 FS.
New 6-23-87, Formerly 13D-23.006, Amended
					 7-5-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.007 - Certification and Competitive Selection

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The agency shall determine the relative ability of each firm to perform the
				services required for each project. Determination of ability shall be based on
				staff training and experience, firm experience, location, volume of past
				contracts with the agency, financial capacity, past performance, and current
				and projected work load. In making its determination the agency shall interview
				no fewer than three firms to determine the firms' ability to provide services
				and commitment to meet time and budget requirements.
(2) The agency shall select no fewer than
				three and no more than six firms deemed to be most highly qualified to perform
				the required services, after considering the factors in subsection (1) above.
				Each of these firms will be eligible for consideration in accordance with Rule
				 60D-13.008 or
				 60D-13.009, F.A.C.
(3) The Secretary of Department of Management
				Services may determine that it is in the Best Interest of the State to
				negotiate instead of inviting competitive proposals when:
(a) The project is one with standard
				requirements such as an office building or a storage warehouse; or
(b) The project requires special expertise;
				or
(c) There is a need to complete
				the project on an accelerated schedule.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.008 - Competitive Proposals for Design-Build Services

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless negotiation is authorized,
				proposals will be received from those qualified firms determined eligible under
				subsection  60D-13.007(2),
				F.A.C. Proposals shall include proposed price and a conceptual design in
				response to the design criteria package. The agency shall establish a relative
				weighing factor, that is, a maximum permissible score in the form of a
				percentage, for each proposed building system component of the design criteria
				package. The weighing factors shall total 100%. The agency shall review the
				conceptual design proposed by each firm and give each component a score
				somewhere between zero and the maximum permissible score (the weighing factor)
				for the component.
(2) The agency
				will then total the score given for each proposed component and divide that
				score into the price proposed. The quotient will be the adjusted price. The low
				qualified proposer will then be that proposer whose adjusted price is lowest.
				The agency shall approve an award to the firm with the lowest adjusted price
				and enter into a contract for the proposed price if the price is within the
				project budget.
Rulemaking Authority
					 255.29(4),
					 287.055(9)(c)
					 FS. Law Implemented 255.29,
					 287.055(9)
					 FS.
New 6-23-87, Formerly 13D-23.008, Amended 5-7-96,
					 7-5-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-13 - PROCEDURES FOR CONTRACTING FOR DESIGN-BUILD SERVICES › Section 60D-13.009 - Competitive Negotiation for Design-Build Services

Current through Reg. 50, No. 138; July 16, 2024
(1) If negotiation is authorized, the agency
				shall select no fewer than three firms in order of preference from those deemed
				to be most qualified to perform the required services under Rule
				 60D-13.007, F.A.C. In making its
				determination the agency shall interview no fewer than three firms to determine
				their relative ability to meet time and budget requirements and to identify and
				establish the relative merits of each firm's approach to managing and
				scheduling the project. The agency will then attempt to negotiate a contract
				with the most qualified firm.
(2)
				When authorized, the agency shall negotiate and enter into a contract for
				design-build services for the project with the firm authorized at compensation
				determined to be fair, competitive and reasonable. In making the determination,
				the agency shall analyze the cost of the design-build services required, giving
				full consideration to the scope and complexity of the project. The compensation
				shall be on a guaranteed maximum price basis for all costs which shall include
				reimbursable costs plus fixed lump sum fees for design, project management,
				overhead and profit.
(3) Should the
				agency be unable to negotiate a satisfactory contract with the firm considered
				to be the most qualified, at a price the agency determines to be fair,
				competitive and reasonable, negotiations with that firm shall be formally
				terminated. The agency shall then undertake negotiations with the second most
				qualified firm. Failing accord with the second most qualified firm, the agency
				shall then undertake negotiations with the third most qualified firm.
(4) Should the agency be unable to negotiate
				a satisfactory contract with any of the selected firms, additional firms shall
				be selected in accordance with the provisions of this chapter. Negotiations
				shall continue in accordance with this section until an agreement is
				reached.
(5) The award of a
				negotiated contract shall be approved by the agency head or
				designee.
Rulemaking Authority
					 255.29(4),
					 287.055(9)(c)
					 FS. Law Implemented 255.29,
					 287.055(9)
					 FS.
New 6-23-87, Formerly 13D-23.009, Amended 5-7-96,
					 7-5-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-14 - XERISCAPE, OR EFFICIENCY IN THE USE OF WATER IN THE MAINTENANCE OF LANDSCAPE › Section 60D-14.005 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.259(3) FS.
					 Law Implemented 255.259,
					 255.25(1)
					 FS.
New 4-19-98, Repealed
					 12-27-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-14 - XERISCAPE, OR EFFICIENCY IN THE USE OF WATER IN THE MAINTENANCE OF LANDSCAPE › Section 60D-14.006 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Landscape" means any and all maintained
				areas which are native or are ornamentally planted including turf, ground
				covers, flowers, shrubs, trees, and similar plant materials as opposed to
				agricultural crops grown and harvested for monetary return.
(2) "Irrigation" means application of water
				by artificial means, that is, means other than natural precipitation.
(3) "Micro-irrigation" means the frequent
				application of small quantities of water directly on or below the soil surface,
				usually as discreet drops, tiny streams, or miniature sprays through emitters
				placed along the water delivery pipes (laterals). Micro-irrigation encompasses
				a number of methods or concepts including drip, subsurface, and spray
				irrigation, previously known as trickle irrigation.
(4) "Micro-irrigation system" means the
				physical components required to apply water by micro-irrigation. System
				components may include a pumping station, controls, main and submain pipelines,
				lateral pipelines, emitters, valves, fittings and safety devices.
(5) "Cultivar" means a horticulturally
				derived variety of a plant as distinguished from a natural variety.
(6) "Invasive or noxious plants" means plant
				materials that are prohibited by statute or ordinance within the local
				jurisdiction within which each site is located.
Specific Authority
					 255.259(3) FS.
					 Law Implemented 255.259
					 FS.
New 4-19-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-14 - XERISCAPE, OR EFFICIENCY IN THE USE OF WATER IN THE MAINTENANCE OF LANDSCAPE › Section 60D-14.007 - Landscape Design and Maintenance Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Schematic designs and detailed
				construction documents shall be prepared by a person or entity authorized by
				Part II of Chapter 481, Florida Statutes, and shall be submitted to the
				Facilities Development office of the Facilities Program of the Department of
				Management Services for review and approval:
(a) Irrigated landscape shall be confined to
				the environs of the building, to areas designated for programmed activities and
				to building approaches used by the public.
(b) The natural ground-slope and a generally
				level grade shall be maintained whenever possible, minimizing water
				run-off.
(c) Except for plants
				considered invasive or noxious, existing trees, shrubs and plant communities
				(native or cultivars) shall be preserved where consistent with required
				improvements and the objectives of this chapter. When new landscaping
				groundcovers, shrubs, and trees are required, drought-tolerant plants shall be
				utilized.
(d) Soils shall be
				analyzed for acidity/alkalinity, permeability and water retention shall be
				assessed, and plants shall be chosen suited to the soil condition.
(e) Mulches shall be used upon landscape beds
				and around the base of trees to maintain a two to three inch layer after
				settling.
(f) Except for the
				initial establishment of plants, programmed irrigation shall be limited to the
				period between midnight and 7:00 a.m.
(g) The landscape shall be inspected
				biannually by the agency maintaining the building to evaluate the health of
				plantings and the quality of maintenance and a record made of the condition.
				Provision shall be made for remediation of unsuitable
				features.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-14 - XERISCAPE, OR EFFICIENCY IN THE USE OF WATER IN THE MAINTENANCE OF LANDSCAPE › Section 60D-14.008 - Transition

Current through Reg. 50, No. 138; July 16, 2024
Agencies responsible for maintenance of landscape at
				  buildings and facilities constructed before July 1, 1992, shall undertake
				  maintenance in accordance with this chapter. Agencies not in compliance shall
				  modify the design of the landscape to conform to this chapter, including all
				  features of design and maintenance, and shall request adequate appropriation of
				  funds for implementation.
Specific Authority
					 255.259(3) FS.
					 Law Implemented 255.259,
					 255.25(1)(a)
					 FS.
New 4-19-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-15 - UTILIZATION OF CONSTRUCTION MANAGEMENT ENTITIES › Section 60D-15.001 - Definitions and Incidental Policies

Current through Reg. 50, No. 138; July 16, 2024
(1)
				"Activation" means an agency negotiation for a specific project with a
				construction management entity under continuing contract with the Department,
				which results in an agency contract.
(2) "Agency contract" means a proprietary
				construction project contract between a state agency and a construction
				management entity under continuing contract with the Department.
(3) "Agency Project Manager" means a
				full-time-equivalent state employee who is currently licensed by the Florida
				Department of Business and Professional Regulation as an architect, engineer,
				or a general contractor (as defined in Section
				 489.105(3)(a),
				F.S.).
(4) "Competitive negotiation
				standards" means the methodology established in Rule
				 60D-5.0091, F.A.C., for
				determining fair, competitive and reasonable costs and the process of
				successive negotiations with the next most qualified continuing contract
				entity.
(5) "Continuing contract
				entity" means a construction management entity under a Department
				contract.
(6) "Continuing contract
				type" means any general, distinctive or specialized construction, renovation or
				repair activity identified by the Department as a state need.
(7) "Department" means the Department of
				Management Services.
(8)
				"Department contract" means a continuing contract between the Department and a
				construction management entity established under Section
				 255.32, F.S.
(9) On or before 3/17/2027, the Department
				shall initiate a review of this rule to determine if it is duplicative,
				outdated, obsolete, overly burdensome, or imposes excessive costs, and
				thereafter amend the rule as necessary.
Rulemaking Authority
					 255.32 FS. Law Implemented
					 255.32
					 FS.
New 5-30-10, Amended
					 3-17-22.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60D - Division of Building Construction › Chapter 60D-15 - UTILIZATION OF CONSTRUCTION MANAGEMENT ENTITIES › Section 60D-15.002 - Agencies'Procedures for Contracting with Continuing Contract Entities

Current through Reg. 50, No. 138; July 16, 2024
(1) All state agencies serving as the
				managing agency of a state-owned facility or a state construction site are
				authorized to utilize the services of any current Department contract through
				activation.
(2) All agency
				activations shall be implemented through an agency contract that is exclusive
				between the agency and a continuing contract entity.
(3) All agency activations shall be executed
				in compliance with any terms and conditions within the Department's contract
				with each individual continuing contract entity.
(4) All activations shall be determined by
				the contracting agency. Determination shall be based on the needs of the
				individual project and any qualifications and performance data of the
				continuing contract entity.
(5) All
				agencies shall negotiate individual project fees with the selected continuing
				contract entity in accordance with competitive negotiation standards
				established in Rule  60D-5.0091, F.A.C. After
				negotiating with a continuing contract entity an agency pursuant to Section
				 255.32(4),
				F.S., can require the construction management entity to offer a guaranteed
				maximum price and a guaranteed completion date. The agency shall require the
				construction management entity to secure an appropriate surety bond in
				conformity with Section
				 255.05, F.S. The agency shall
				require the construction management entity to hold all construction
				subcontracts for the project. Under no circumstance shall an agency contract
				with a continuing contract entity when the estimated construction costs per
				individual project exceed $4 million.
(6) All agency contracts shall have an
				assigned Agency Project Manager for administrating project funds and providing
				project management oversight, from the identification of a project through its
				final completion. Agency Project Managers assigned to a project are required to
				monitor the construction management entity for:
(a) Compliance with state regulations
				governing the advertisement and competitive bidding of all the subcontracted
				parts of the project established in Chapter 60D-5, F.A.C.; and
(b) Compliance with the agency contract at
				the construction site.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60E - Blind and Handicapped Purchasing Commission › Chapter 60E-1 - COMMISSION FOR PURCHASE FROM THE BLIND OR OTHER SEVERELY HANDICAPPED › Section 60E-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) CNA - means the central, nonprofit agency
				authorized under Section
				 413.035(1),
				F.S., to facilitate the allocation of orders as specified therein.
(2) Department - means the Florida Department
				of Management Services.
(3)
				Purchasing Office - means a state office, including the office of any political
				subdivisions, such as a county, municipality, or school district, that places
				orders for the procurement of any commodity or service.
(4) Employment Centers - means a workshop for
				the blind or other severely handicapped person as used in Chapter 413, F.S.,
				that is geographically located in the State of Florida.
Rulemaking Authority
					 413.035,
					 413.036 FS. Law Implemented
					 413.033(2), (3)(c),
					 (6),
					 413.034,
					 413.035,
					 413.036
					 FS.
New 10-12-81, Formerly 13G-1.01, Amended 2-22-89, Formerly
					 13G-1.001, Amended 12-31-95,
					 10-22-06.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60E - Blind and Handicapped Purchasing Commission › Chapter 60E-1 - COMMISSION FOR PURCHASE FROM THE BLIND OR OTHER SEVERELY HANDICAPPED › Section 60E-1.003 - Central, Non-Profit Agency

Current through Reg. 50, No. 138; July 16, 2024
(1) By way
				of competitive solicitation conducted as prescribed in Chapter 287, F.S., a CNA
				may be designated to represent employment centers for the blind and other
				severely handicapped in facilitating the allocation of orders by purchasing
				offices.
(2) The following shall be
				responsibilities of the CNA:
(a) Assist
				employment centers by facilitating the allocation of orders among employment
				centers.
(b) Evaluate the ability
				of employment centers to provide the products or services they offer and advise
				the Department of its findings.
(c)
				Based on the cost to the employment centers, provide the Department with its
				current recommended prices for suitable commodities or services for procurement
				from its employment centers.
(d)
				Maintain an internet website providing, at a minimum, a listing of its network
				of employment centers and a listing of all commodities and services offered by
				each employment center. The CNA's website can be found at
				https://secure.imarcsgroup.com/respect/Default.asp.
(e) Maintain all necessary records and data
				on its employment centers to enable the Department to properly review and audit
				all employment center purchase activities.
(f) Monitor the employment centers and advise
				the Department of any concerns the CNA may have regarding an employment
				center's ability to provide the products or services they offer.
(g) As market conditions change, recommend to
				the Department price changes for commodities or services provided by its
				employment centers and provide justification for the recommended
				change(s).
(h) Provide the
				Department with full and complete access to all purchasing office records as
				required by the Department.
(i)
				Make commodities and services offered by its employment centers available to
				eligible users through the My Florida Market Place procurement
				system.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60E - Blind and Handicapped Purchasing Commission › Chapter 60E-1 - COMMISSION FOR PURCHASE FROM THE BLIND OR OTHER SEVERELY HANDICAPPED › Section 60E-1.004 - Employment Centers

Current through Reg. 50, No. 138; July 16, 2024
(1) Procedures for
				qualification of employment centers -
(a) To
				qualify for participation under the Act, an employment center must:
1. Be certified as a qualified agency for the
				blind or other severely handicapped as provided in Section
				 413.033, F.S.; and
2. Apply to the CNA to provide the
				commodities or contractual services under the Act. The application shall be
				standardized in form, created and furnished by the CNA, and shall be subject to
				approval by the Department before used.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60E - Blind and Handicapped Purchasing Commission › Chapter 60E-1 - COMMISSION FOR PURCHASE FROM THE BLIND OR OTHER SEVERELY HANDICAPPED › Section 60E-1.005 - Procurement Requirements and Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 413.035,
					 413.036 FS. Law Implemented
					 413.035,
					 413.036
					 FS.
New 10-12-81, Formerly 13G-1.05, Amended 2-22-89, Formerly
					 13G-1.005, Amended 12-31-95, 10-22-06, Repealed
					 3-2-17.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60G - Governor's Mansion Commission › Chapter 60G-1 - ORGANIZATION, MEETINGS AND RESPONSIBILITIES OF GOVERNOR'S MANSION COMMISSION › Section 60G-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions shall apply when used in Chapter
				  60G-1, F.A.C.:
(1) "Commission" means
				the Governor's Mansion Commission.
(2) "Department" means the Department of
				Management Services.
(3)
				"Facilities Program" means the Facilities Program of the Department of
				Management Services.
(4) "Mansion
				and Grounds" means the following areas:
Lots Two (2), Three (3), Four (4), Nine (9), Ten (10), Eleven
				  (11), Fourteen (14), Fifteen (15), Sixteen (16), Twenty-one (21), Twenty-two
				  (22), Twenty-three (23) and Twenty-four (24) in the long grove addition to the
				  City of Tallahassee, Florida, according to the Plat drawn by Overton Bernard,
				  recorded in Deed Book 'BB', Page 592, Records of Leon County Florida, in the
				  office of the Clerk of the Circuit Court of Leon County Florida, being a
				  subdivision of a part of the southeast quarter, Section Twenty-five (25)
				  Township one (1) North Range one (1) west.
Also: Lots One Hundred Seventy-three (173), One Hundred
				  Seventy-four (174), One Hundred Seventy-five (175) in the North addition to the
				  City of Tallahassee, Florida, according to the Plat as recorded in Plat Book 1,
				  Page 11, Records of Leon County Florida, in the Office of the Clerk of the
				  Circuit Court of Leon County Florida.
Also: That portion of the right of way of First Avenue in the
				  City of Tallahassee, vacated in accordance with law by the City Commission of
				  the City of Tallahassee on April 23, 1974, bounded on the west by the east
				  right of way line of Duval Street; on the south by the North boundary of lots
				  Twenty-one (21) and Twenty-two (22) in the long grove addition to the City of
				  Tallahassee; on the east by the west right of way line of Adams Street, and on
				  the north by the property known as "The Grove".
Also: Any lands acquired by the Board of Trustees of the
				  Internal Improvement Trust Fund of the State of Florida for the express purpose
				  of expanding the supporting land holding around the Governor's
				  Mansion.
(5) "State Rooms"
				means the entrance hall, the state bedroom and its hallway and bath, the
				reception hall and the state dining room of the Governor's
				Mansion.
Specific Authority
					 272.18(2)(a), (3)(f),
					 (g) FS. Law Implemented
					 272.18
					 FS.
New 8-1-83, Formerly 13L-1.01, 13L-1.001, Amended
					 10-14-98.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60G - Governor's Mansion Commission › Chapter 60G-1 - ORGANIZATION, MEETINGS AND RESPONSIBILITIES OF GOVERNOR'S MANSION COMMISSION › Section 60G-1.003 - Meetings and Notice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 272.18(2)(a)
					 FS. Law Implemented 272.18
					 FS.
New 8-1-83, Formerly 13L-1.03, 13L-1.003, Amended 10-14-98,
					 Repealed 12-22-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60G - Governor's Mansion Commission › Chapter 60G-1 - ORGANIZATION, MEETINGS AND RESPONSIBILITIES OF GOVERNOR'S MANSION COMMISSION › Section 60G-1.011 - Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
(1) Mansion and Grounds.
(a) The Commission shall assure that use of
				the State Rooms of the Governor's Mansion is only for the First Family or for
				official state functions.
(b) No
				items may be given or placed on loan in State Rooms or grounds of the
				Governor's Mansion except upon prior approval of the Governor's Mansion
				Commission.
(c) The Governor's
				Mansion Commission shall endeavor to restrict incoming gifts and loans to the
				Mansion to such items as:
1. Those which are
				directly relevant to the history of Florida and/or its governors.
2. Those which are consistent in period
				and/or style with those already in the possession of the Mansion.
3. Those which the Commission deems by vote
				to be appropriate for placement in the Mansion, not covered in Items 1. and 2.
				above.
(d) The terms and
				conditions of all loans to the Mansion must be agreed to by both the lender and
				the Commission and this agreement must be in writing.
(e) Items on loan to the Governor's Mansion
				shall be subject to the same procedures (documentation, maintenance, etc.) as
				those items at the Mansion which are the property of the State unless otherwise
				agreed to by the lender and the Commission.
(f) Loaned items to be placed in the State
				Rooms or grounds shall not be allowed except upon prior agreement with the
				lender to the effect that such items will not be removed from the Governor's
				Mansion premises without the approval of the Commission.
(g) Antique furnishings in the private
				quarters of the Governor's Mansion and the articles of furniture, fixtures and
				decorative objects used or displayed in the State Rooms may not be loaned
				without the prior approval of the Commission.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60G - Governor's Mansion Commission › Chapter 60G-1 - ORGANIZATION, MEETINGS AND RESPONSIBILITIES OF GOVERNOR'S MANSION COMMISSION › Section 60G-1.012 - Not-for-profit Corporation Operating for the Benefit of the Governor's Mansion

Current through Reg. 50, No. 138; July 16, 2024
If a not-for-profit corporation requests authorization from
				  the Commission to operate for the benefit of the Governor's Mansion, it shall
				  agree to enter into a contract which:
(1) Provides that the corporation shall
				assist the Commission in the performance of duties required of the Commission
				by Section  272.18, Florida Statutes, by:
(a) Requiring that the corporation comply
				with rules and procedures established by the Commission for the acceptance of
				gifts, donations, loans, and bequests to the benefit of the Governor's
				Mansion;
(b) Requiring that the
				corporation provide notice to prospective donors of the nature of the
				corporation, the relationship of the corporation to the Commission and the
				existence and contents of the contract between the corporation and the
				Governor's Mansion Commission;
(c)
				Requiring that an agreement, or other paper, between the prospective donor and
				the corporation, reflect that the corporation cannot place items on the grounds
				of, or inside, the Governor's Mansion without the approval of the Commission,
				and further reflect the intent of the donor with respect to the disposition of
				the property, unless circumstances make the expression of such intent
				impossible;
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The words and phrases in this chapter shall be construed
				  according to their plain meaning, in light of the context and subject matter,
				  unless expressly defined otherwise in this rule, this chapter or in Section
				   255.248, F.S.
(1) "Agency" means 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) "Approval
				of Space Need" means the Department's acknowledgement that an Agency has met
				the requirements of Rule
				 60H-1.002, F.A.C., and,
				therefore, may proceed to procure, but not execute, the associated
				lease.
(3) "Best Interests of the
				State" means an efficient and economical use of state resources to achieve Best
				Leasing Value.
(4) "Final Approval"
				means the Department's acknowledgement that all applicable requirements have
				been met and, upon required Department signature, the associated lease is
				fully-executed.
(5) "Lease Action"
				means the execution, modification, renewal, termination or cancellation of an
				agreement for the lease of real property.
(6) "Lease Agreement" means the approved
				standard lease form pursuant to Rule
				 60H-1.003, F.A.C.
(7) "Prior Approval" means the Department's
				acknowledgement that an Agency has met the requirements of Rule
				 60H-1.021, F.A.C., and, may
				proceed to execute the lease acction.
(8) "Pool Facility" means a facility under
				the care and direction of the Department pursuant to Sections
				 255.503 and
				 255.511, F.S.
(9) "Turnkey Lease" means 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.
Rulemaking Authority
					 255.249,
					 255.25,
					 255.503 FS. Law Implemented
					 255.249,
					 255.25,
					 255.503
					 FS.
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, 4-29-10,
					 7-19-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.002 - Department Approval; of Space Need

Current through Reg. 50, No. 138; July 16, 2024
(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" 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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.003 - Use of Approved Forms

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department shall publish approved forms for use by Agencies for actions under
				Sections  255.248,
				 255.249 and
				 255.25, F.S.
(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 Interests 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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.004 - Filing of Leases (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.25 FS. Law Implemented
					 255.25(2)
					 FS.
New 8-11-75, Amended 4-25-79, Formerly 13D-7.04, 13M-1.004,
					 Repealed 4-29-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.006 - Escalation Clauses

Current through Reg. 50, No. 138; July 16, 2024
No Agency's Lease shall contain an open rate, including
				  Consumer Price Index or open rental escalation clause.
Rulemaking Authority
					 255.25 FS. Law Implemented
					 255.25(2)
					 FS.
New 8-11-75, Amended 4-25-79, Formerly 13D-7.06, 13M-1.006,
					 Amended 4-27-04, 4-29-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.007 - Right-to-Terminate Clause Required (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.25 FS. Law Implemented
					 255.25(2)
					 FS.
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
					 4-29-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.009 - Notice of Renewal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.249(2),
					 255.25 FS. Law Implemented
					 255.25(2)
					 FS.
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
					 4-29-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.013 - Fire Code Compliance in Leased Space (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 255.249,
					 255.25 FS. Law Implemented
					 255.25(5),
					 281.02
					 FS.
New 4-25-79, Formerly 13D-7.091, Amended 3-18-86, Formerly
					 13M-1.013, Amended 4-29-10, Repealed
					 12-22-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.015 - Procurement Proceduress for Leases of 5, 000 Square Feet or More in Privately-Owned Buildings

Current through Reg. 50, No. 138; July 16, 2024
(1) Procurement
				specifications for competitive solicitation shall promote competition and not
				favor any particular potential respondent.
(2) At a minimum, Agency specifications in a
				competitive solicitations shall include:
(a)
				Approximate Net Usable Square Footage per Rule
				 60H-2.003, F.A.C.;
(b) Areas where the potential lease could be
				located to meet the Agency's location needs;
(c) Requested occupancy date;
(d) Desired term of lease and potential for
				renewal options;
(e) Date by which
				responses must be received;
(f)
				Anticipated date for award of procurement;
(g) Services required, including technical
				and operational requirements established by the agency; and,
(h) Agency criteria to be used in determining
				acceptablility of any response.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.016 - Procurement of Leases of Less Than 5, 000 Square Feet

Current through Reg. 50, No. 138; July 16, 2024
(1) For all leases under 5, 000 square feet
				at least three 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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.017 - Turnkey Lease

Current through Reg. 50, No. 138; July 16, 2024
(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, F.A.C.; and
(c) The Department has been notified, in
				writing, of the Agency's intent to seek a Turnkey Lease as defined in Rule
				 60H-1.001,
				F.A.C.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.018 - Nominal and No Consideration Leases

Current through Reg. 50, No. 138; July 16, 2024
Any Lease Action that is not reported under any other
				  reporting requirement under Chapter 255, F.S., or resulting rule and is not
				  exempt by law from such reporting requirement, must be reported to and approved
				  by the Department in accordance with Rule
				   60H-1.002, F.A.C., at least
				  ninety (90) days before the Lease Action.
Rulemaking Authority
					 255.249 FS. Law Implemented
					 255.249
					 FS.
New 7-19-15.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.021 - Department Prior Approval

Current through Reg. 50, No. 138; July 16, 2024
(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, F.A.C.; 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.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.022 - Department Final Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) No Lease
				shall become 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, F.A.C.; and
(b) Approval
				from the State Fire Marshal; and
(c) Department Form 4114 "Disclosure
				Statement" effective May 2010 incorporated by reference in this
				rule.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.023 - Lease Modifications

Current through Reg. 50, No. 138; July 16, 2024
(1) An Agency
				wishing to execute a Lease modification shall obtain the Department's Approval
				of Space Need, Prior Approval and Final Approval.
(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) 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) 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.
New 4-29-10.
Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60H - Division of Facilities Management › Chapter 60H-1 - LEASES FOR REAL PROPERTY › Section 60H-1.024 - Lease Extensions

Current through Reg. 50, No. 138; July 16, 2024
(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 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 the lease extension is in the Best Interests of the
				State.
(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.
New 4-29-10.