Florida Administrative Code

(1) The state agency will document a risk mitigation strategy including but not limited to an exit strategy specific to application criticality and business continuity needs. (2) The state agency will ensure that the documented risk mitigation strategy is supported by the contrac…

A state agency may request a variance or waiver from these rules by filing a petition with the Department of Management Services (DMS) agency clerk, with a copy to the Joint Administrative Procedures Committee in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C., …

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History-New 8-3-17, Formerly 74-5.001, Repealed 4-5-23.

(1) Purpose and intent. The purpose of this Enterprise Architecture rule is for the Florida Digital Service ("FL[DS]") to establish a statewide Enterprise Architecture. The intent of this Enterprise Architecture rule is to provide a comprehensive operational framework, including …

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History-New 8-3-17, Formerly 74-5.003, Repealed 4-5-23.

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, au…

(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 re…

(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 …

Rulemaking 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 History-New 8-11-75, Amended 4-25-79, Formerly 13D-7.04, 13M-1.004, Repealed 4-29-10.

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. History-New 8-11-75, Amended 4-25-79, Formerly 13D-7.06, 13M-1.006, Amended 4-27-04, 4-29-10.

Rulemaking 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 4-29-10.

Rulemaking 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 4-29-10.

Rulemaking 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 4-29-10, Repealed 12-22-15.

(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.…

(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 …

(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…

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 …

(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.; …

(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 …

(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 fi…

(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 Depa…

(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 t…

(1) Pursuant to Sections 255.249(4)(h) and 255.249(4)(j), F.S., 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…

Rulemaking 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 4-29-10.

(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 referenc…

(1) Lease Actions using approved forms, as defined in Rule 60H-1.003, F.A.C., 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, F.A.C., shall require signature by the Offices of Gene…

Information and copies of all forms named in this chapter may be obtained from: Department of Management Services Division of Real Estate Development and Management 4050 Esplanade Way, Suite 315 Tallahassee, Florida 32399-0950 Rulemaking Authority 120.53(1)(a), 255.249(4) FS. Law…

Rulemaking 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 4-29-10.

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 4-29-10.

The Department shall supply Agencies with regional market information and rental rates upon request. Rulemaking Authority 255.249(9)(a) FS. Law Implemented 255.249(9)(a), 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, Am…

For the purpose of this chapter, each of these words shall have the following meaning: (1) Agency - means the governmental agencies of the the State of Florida, including the judicial branch, and the water management districts. (2) Division - means the Real Estate Development and…

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

For the purpose of providing inventory data, required by Rule 60H-10.002, F.A.C., the data elements are defined as follows: (1) Age - means the number of years the facility has been in existence, rounded to the nearest whole number, calculated by subtracting the year built from t…

(1) The Department of Management Service (Department) hereby establishes the Dozier Memorial and Monument Review Committee (the Committee) to review artist submissions for memorials for the Arthur G. Dozier School for Boys and recommend to the Department a memorial to be construc…

For the purpose of this chapter, each of these words shall have the following meanings: (1) Agency - as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of the execut…

(1) The Department shall have authority to approve allocation of space in all state-owned and privately-owned leases. (2) To the extent possible, without sacrificing critical public or client services, agencies are directed to obtain an average allocation of space, not to exceed,…

The Department of Management Services' Space Allocation and Configuration Standards shall be used by agencies for all office space and in preparing Space Allocation Plans. (1) Purpose. The purpose of these Standards is to: (a) Provide a safe, comfortable, and productive environme…

Rulemaking Authority 255.249(4)(d), 255.503(11), 272.04 FS. Law Implemented 255.249(1), (3)(c), (4)(d), 255.503(2) FS. History-New 4-27-04, Repealed 4-29-10.

(1) The Department's Standard Method of Space Measurement shall be Net Usable Square Footage as used in measuring the square footage of all leases. (2) For the purposes of Agency Leases of real property, Net Usable Square Feet shall be defined as square footage which has usable v…

(1) Rates to be assessed agencies occupying space in Department-managed facilities shall be determined and established annually by the Department in accordance with Section 255.51, F.S., fulfilling the obligations of the Florida Facilities Pool Revenue Bond Resolution and maintai…

Rulemaking Authority 255.28(4) FS. Law Implemented 255.28 FS. History-New 12-8-97, Repealed 3-2-17.

(1) Offers of real property to be purchased pursuant to Section 255.28, F.S., will be publicly solicited by notice in the Florida Administrative Register and a newspaper of general circulation in the area where the real property is needed. (2) Specific parcels of real property be…

Rulemaking Authority 272.161(5) FS. Law Implemented 272.161, 281.02, 281.07 FS. History-New 1-28-76, Amended 10-31-84, Formerly 13D-2.01, 13M-6.001, Repealed 3-2-17.

Rulemaking Authority 272.161(4), 281.07 FS. Law Implemented 272.161 FS. History-New 1-28-76, Amended 10-31-84, Formerly 13D-2.02, 13M-6.003, Amended 2-21-96, 6-4-97, Repealed 3-2-17.

(1) All parking spaces in or around state-owned facilities in the Capitol Center and other facilities under the Department of Management Services' jurisdiction throughout the state shall be one of these types: (a) Scramble parking. (b) Visitor parking with or without meters on ea…

Rulemaking Authority 255.21, 272.16(4), 272.161(4), (5) FS. Law Implemented 255.21, 272.16, 272.161 FS. History-New 1-28-76, Amended 1-22-79, 10-31-84, 6-5-85, Subparagraphs (7) and (8) Formerly 13D-2.07, Formerly 13D-2.05, Amended 6-11-86, 4-20-89, Formerly 13M-6.008, Repealed 3…

Rulemaking Authority 255.249(2) FS. Law Implemented 272.04, 255.249(1) FS. History-New 8-1-78, Formerly 13D-5.03, 13M-9.003, Amended 1-9-96, Repealed 12-22-15.

Capitalized terms used in this rule chapter have the meanings ascribed below. (1) "Agency" means an agency as defined in Section 255.502, F.S. (2) "Buildings in the Florida Facilities Pool" means the buildings in the pool established by the Department pursuant to Section 255.505,…

(1) Purpose. The purpose of this rule chapter is to ensure that activity at Buildings in the Florida Facilities Pool is conducted in a manner that protects public health and safety and ensures that state employees and officials can fulfill their responsibilities. (2) Public Acces…

(1) Overview. The Capitol Complex is the state's legislative center and an architecturally and historically significant facility located in Tallahassee, Florida. The Historic Capitol is listed in the National Register of Historic Places. (2) Reservations of Capitol Complex Space.…