(1) Except when specifically authorized by the Appropriations Act, no executive agency, department, public officer or employee shall enter any contract on behalf of the state, the term of which contract is more than 5 years, including any and all renewal periods and including any and all leases which constitute a series of leases, for the lease, lease-purchase, sale-leaseback, purchase, or rental of any office space, building, real property and improvements thereto, or any other fixed capital outlay project, any of which is or is to be financed with local government obligations of any type.
(2) No lease, lease-purchase, sale-leaseback, purchase, or rental of any office space, building, real property and improvements thereto, or any other fixed capital outlay project that is or is to be financed with local government obligations of any type shall be requested for approval in the Appropriations Act unless:
(a) The construction for such project is to be or has been competitively bid unless the certificate of occupancy for such project was issued more than 3 years prior to the time such request is made;
(b) The executive branch agency or department making the request has competitively bid its space needs prior to making such request and the project for which approval is sought was the lowest and best bidder for such needs; and
(c) The rent, lease payment, lease-purchase payment, or other payment for such project is not greater than an amount equal to the same proportion of the debt service on the local government obligations to be issued to finance or which are outstanding that financed, as the case may be, the facility or project for which approval is sought that the executive agency or department seeking such approval will utilize under the lease, lease-purchase, sale-leaseback, purchase, or rental of the project in the facility or project as compared to the entire facility or project that is to be or was financed. This paragraph shall not apply when the certificate of occupancy for a facility or project was issued more than 3 years prior to the time such request is made.
(3) Any project approved pursuant to this section shall be subject to the requirements of ss. 255.2502 and 255.2503.
(4) Any contract entered on behalf of the state by any executive agency, department, public officer or employee in violation of this section shall be null and void.
History.—s. 9, ch. 88-409.
Structure Florida Statutes
Title XVIII - Public Lands and Property
Chapter 255 - Public Property and Publicly Owned Buildings
255.01 - Proceeds of Insurance May Be Used to Replace Property Destroyed.
255.02 - Boards Authorized to Replace Buildings Destroyed by Fire.
255.03 - Proceeds of Insurance to Be Paid Into State Treasury; Disbursement of Funds.
255.04 - Preference to Home Industries in Building Public Buildings.
255.041 - Separate Specifications for Building Contracts.
255.042 - Shelter in Public Buildings.
255.043 - Art in State Buildings.
255.045 - Cleanup After Events Held on Public Property.
255.05 - Bond of Contractor Constructing Public Buildings; Form; Action by Claimants.
255.051 - Public Bids; Check or Draft as Good Faith Deposit.
255.0515 - Bids for State Contracts; Substitution of Subcontractors.
255.0516 - Bid Protests by Educational Boards.
255.0517 - Owner-Controlled Insurance Programs for Public Construction Projects.
255.0518 - Public Bids; Bid Opening.
255.052 - Substitution of Securities for Amounts Retained on Public Contracts.
255.0525 - Advertising for Competitive Bids or Proposals.
255.065 - Public-Private Partnerships.
255.073 - Timely Payment for Purchases of Construction Services.
255.074 - Procedures for Calculation of Payment Due Dates.
255.076 - Award of Court Costs and Attorney’s Fees.
255.077 - Project Closeout and Payment of Retainage.
255.078 - Public Construction Retainage.
255.099 - Preference to State Residents.
255.0991 - Contracts for Construction Services; Prohibited Local Government Preferences.
255.0992 - Public Works Projects; Prohibited Governmental Actions.
255.101 - Contracts for Public Construction Works; Utilization of Minority Business Enterprises.
255.102 - Contractor Utilization of Minority Business Enterprises.
255.103 - Construction Management or Program Management Entities.
255.21 - Special Facilities for Physically Disabled.
255.211 - Special Symbol May Be Displayed.
255.22 - Reconveyance of Lands Not Used for Purpose Specified.
255.249 - Department of Management Services; Responsibility; Department Rules.
255.25 - Approval Required Before Construction or Lease of Buildings.
255.2501 - Lease of Space Financed With Local Government Obligations.
255.2502 - Contracts Which Require Annual Appropriation; Contingency Statement.
255.2503 - Contracts for Lease of Buildings; Prohibited Provisions.
255.251 - Energy Conservation and Sustainable Buildings Act; Short Title.
255.252 - Findings and Intent.
255.253 - Definitions; Ss. 255.251-255.2575.
255.254 - No Facility Constructed or Leased Without Life-Cycle Costs.
255.256 - Energy Performance Index.
255.257 - Energy Management; Buildings Occupied by State Agencies.
255.2575 - Energy-Efficient and Sustainable Buildings.
255.259 - Florida-Friendly Landscaping on Public Property.
255.28 - Department Authority to Acquire Land With or for Facility Thereon.
255.29 - Construction Contracts; Department Rules.
255.32 - State Construction Management Contracting.
255.45 - Correction of Firesafety Violations in Certain State-Owned Property.
255.451 - Electronic Firesafety and Security System.
255.501 - Building and Facilities Act; Short Title.
255.502 - Definitions; Ss. 255.501-255.525.
255.503 - Powers of the Department of Management Services.
255.505 - Creation of the Pool.
255.507 - Determination of Qualified Facilities.
255.508 - Participation in Pool.
255.509 - Request for Advisory Statement.
255.51 - Determination of Rental Rates.
255.511 - Factors to Be Considered in Establishing Rental Rates.
255.513 - Powers of the Division of Bond Finance and the Department of Management Services.
255.514 - Division of Bond Finance; Revenue Bonds.
255.515 - Issuance of Obligations by the Division.
255.516 - Security for Payment of Obligations.
255.517 - Anticipation Obligations.
255.518 - Obligations; Purpose, Terms, Approval, Limitations.
255.519 - Variable Rate Obligations.
255.52 - Approval by State Board of Administration.
255.522 - State and Political Subdivisions Not Liable on Obligations.
255.523 - Exemption From Taxes.
255.524 - Obligations Issued Constitute Legal Investments.
255.525 - Inconsistent Provisions of Other Laws Superseded.
255.5576 - Consideration of Energy-Efficient Materials; High-Energy Lighting.
255.60 - Special Contracts With Charitable or Not-for-Profit Organizations.