Chapter 255 — Chapter 255
89 sections in this chapter.
Fla. Stat. § 255.256 Energy performance index
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The department shall promulgate rules for energy performance indices as defined in s. 255.253(3) to audit and evaluate competing design proposals submitted to the state.
Fla. Stat. § 255.257 Energy management; buildings occupied by state agencies
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(1) ENERGY CONSUMPTION AND COST DATA.—Each state agency shall collect data on energy consumption and cost for all state-owned facilities and metered state-leased facilities. These data will be used in the computation of the effectiveness of the state energy management plan and th…
Fla. Stat. § 255.2575 Energy-efficient and sustainable buildings
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(1) The Legislature declares that there is an important state interest in promoting the construction of energy-efficient and sustainable buildings. Government leadership in promoting these standards is vital to demonstrate the state’s commitment to energy conservation, saving tax…
Fla. Stat. § 255.259 Florida-friendly landscaping on public property
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(1) The Legislature finds that water conservation and water quality protection and restoration are increasingly critical to the continuance of an adequate water supply and healthy surface and ground waters. The Legislature further finds that “Florida-friendly landscaping,” as def…
Fla. Stat. § 255.28 Department authority to acquire land with or for facility thereon
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(1) For the purposes of this section:(a) “Agency” means any state board, commission, department, division, or bureau.(b) “Party” means any individual, partnership, corporation, association, or other business entity which is licensed by the Department of State to do business in th…
Fla. Stat. § 255.29 Construction contracts; department rules
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The Department of Management Services shall establish, through the adoption of administrative rules as provided in chapter 120:(1) Procedures for determining the qualifications and responsibility of potential bidders prior to advertisement for and receipt of bids for building con…
Fla. Stat. § 255.30 Fixed capital outlay projects; department rules; delegation of supervisory authority; delegation of responsibility for accounting records
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(1) The Department of Management Services shall make and adopt rules pursuant to chapter 120 in order to establish a procedure for delegating to state agencies its supervisory authority as it relates to the repair, alteration, and construction of fixed capital outlay projects.(2)…
Fla. Stat. § 255.31 Authority to the Department of Management Services to manage construction projects for state and local governments
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(1) The design, construction, erection, alteration, modification, repair, and demolition of all public and private buildings are governed by the Florida Building Code and the Florida Fire Prevention Code, which are to be enforced by local jurisdictions or local enforcement distri…
Fla. Stat. § 255.32 State construction management contracting
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(1) As used in this section, the term:(a) “Construction management entity” means a licensed general contractor or a licensed building contractor, as defined in s. 489.105, who coordinates and supervises a construction project from the conceptual development stage through final co…
Fla. Stat. § 255.40 Use of asbestos in new public buildings or buildings newly constructed for lease to governmental entities; prohibition
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The use of asbestos or asbestos-based fiber materials is prohibited in any building, construction of which is commenced after September 30, 1983, which is financed with public funds or is constructed for the express purpose of being leased to any governmental entity.
Fla. Stat. § 255.45 Correction of firesafety violations in certain state-owned property
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The Department of Management Services is responsible for ensuring that firesafety violations that are noted by the State Fire Marshal pursuant to s. 633.218 are corrected as soon as practicable for all state-owned property which is leased from the Department of Management Service…
Fla. Stat. § 255.451 Electronic firesafety and security system
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The management responsibility of the electronic firesafety and security system located within the Capitol and any system associated therewith is vested in the Department of Management Services.
Fla. Stat. § 255.501 Building and Facilities Act; short title
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Sections 255.501-255.525 shall be known and may be cited as the “Florida Building and Facilities Act.”
Fla. Stat. § 255.502 Definitions; ss. 255.501-255.525
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As used in this act, the following words and terms shall have the following meanings unless the context otherwise requires:(1) “Acquire or acquisition” means to purchase, to erect, to build, to construct, to reconstruct, to replace, to extend, to better, to equip, to develop, to …
Fla. Stat. § 255.503 Powers of the Department of Management Services
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The Department of Management Services shall have all the authority necessary to carry out and effectuate the purposes and provisions of this act, including, but not limited to, the authority to:(1) Collect reasonable rentals or charges for the use of and services provided for fac…
Fla. Stat. § 255.504 Use of facilities
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(1) Any facility which is acquired and approved pursuant to s. 11(f), Art. VII of the State Constitution and financed under this act, and any facility in the pool shall be occupied to the extent that space is available, by agencies as authorized by the Department of Management Se…
Fla. Stat. § 255.505 Creation of the pool
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The Department of Management Services is hereby authorized and directed to create the Florida Facilities Pool in order that agencies may participate, and thereby pool the rentals to be paid by such agencies, at uniform rates with additional charges for services provided, and to a…
Fla. Stat. § 255.506 Facilities in pool
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The following facilities shall be entered into the pool:(1) All existing state-owned facilities under the jurisdiction of the Department of Management Services shall be entered into the pool upon the creation of the pool.(2) Each facility the acquisition of which is financed unde…
Fla. Stat. § 255.507 Determination of qualified facilities
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The Department of Management Services, in making determinations under s. 255.502(14)(b), shall determine a facility to be a qualified facility if the facility meets either of the following standards:(1) The facility is in compliance with the firesafety standards established by th…
Fla. Stat. § 255.508 Participation in pool
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To participate in the pool, an agency head shall submit a request to the Department of Management Services and to the division pursuant to rules adopted by the Department of Management Services pursuant to this act.
Fla. Stat. § 255.509 Request for advisory statement
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(1) Any agency may request from the Department of Management Services an advisory statement which shall state the estimated pool rental rate which would be assessed under current conditions for the agency’s facilities if entered into the pool. The request for an advisory statemen…
Fla. Stat. § 255.51 Determination of rental rates
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The Department of Management Services shall determine and establish rental rates charged and computed on a per square foot basis for all facilities in the pool whether or not of new construction, and such rates shall be applied uniformly to all agencies using or occupying space i…
Fla. Stat. § 255.511 Factors to be considered in establishing rental rates
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(1) The Department of Management Services shall prepare a complete annual budget for debt service on obligations issued under this act and for capital depreciation reserve deposits and expenses included in the operation and maintenance of each facility in the pool.(2) The amount …
Fla. Stat. § 255.513 Powers of the Division of Bond Finance and the Department of Management Services
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The Division of Bond Finance and the Department of Management Services are authorized to jointly:(1) Engage the services of remarketing agents, indexing agents, underwriters, financial advisers, special tax counsel, bond counsel, or similar type services with respect to the issua…
Fla. Stat. § 255.514 Division of Bond Finance; revenue bonds
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The division is authorized to issue obligations under this act on behalf of and at the request of the Department of Management Services.
Fla. Stat. § 255.515 Issuance of obligations by the division
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With respect to the issuance of any obligations under this act, the division shall be entitled to use such method of financing or combination of methods of financing as it deems appropriate to result in cost-effective financing. The division shall be entitled to rely upon the adv…
Fla. Stat. § 255.516 Security for payment of obligations
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(1) Obligations may be issued with or without the benefit of an indenture of trust, under a master indenture of trust, under different indentures of trust, in series, on a parity, on an inferior lien basis, and in instruments all of the same kind or any combination of different k…
Fla. Stat. § 255.517 Anticipation obligations
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To provide funds for the purposes of this act, and prior to the delivery of an issue of revenue bonds for the purposes of this act, the division may, on behalf of the Department of Management Services, from time to time, by resolution, anticipate the issuance of such revenue bond…
Fla. Stat. § 255.518 Obligations; purpose, terms, approval, limitations
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(1)(a) The issuance of obligations shall provide sufficient funds to achieve the purposes of this act; pay interest on obligations except as provided in paragraph (b); pay expenses incident to the issuance and sale of any obligations issued pursuant to this act, including costs o…
Fla. Stat. § 255.519 Variable rate obligations
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(1) With respect to the provisions of s. 215.84(3), if the interest rate on bonds bearing a floating or variable rate of interest as calculated on the date of the initial sale thereof does not exceed the limitation provided by s. 215.84(3), so long as the basis, method, or formul…
Fla. Stat. § 255.52 Approval by State Board of Administration
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At or prior to the sale by the division, all obligations proposed to be issued by the division shall be approved by the State Board of Administration as to fiscal sufficiency. The State Board of Administration shall look to the rate coverage of all pool pledged revenues, as proje…
Fla. Stat. § 255.521 Failure of payment
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Should an agency fail to make a timely payment of the pool pledged rentals or charges as required by this act, the Chief Financial Officer shall withhold general revenues of the agency in an amount sufficient to pay the rentals and charges due and unpaid from such agency. The Chi…
Fla. Stat. § 255.522 State and political subdivisions not liable on obligations
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Obligations issued pursuant to this act shall not be a debt of the state or of any political subdivision, and neither the state nor any political subdivision shall be liable thereon. The Department of Management Services shall not have the power to pledge the credit, the revenues…
Fla. Stat. § 255.523 Exemption from taxes
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The property of the Department of Management Services, the transactions and operations thereof, and the income therefrom shall be exempt from taxation by the state and political subdivisions.
Fla. Stat. § 255.524 Obligations issued constitute legal investments
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All obligations issued pursuant to this act shall be and constitute legal investments without limitation for all political subdivisions of this state; for all banks, trust companies, savings banks, savings associations, savings and loan associations, and investment companies; for…
Fla. Stat. § 255.525 Inconsistent provisions of other laws superseded
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Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.
Fla. Stat. § 255.5576 Consideration of energy-efficient materials; high-energy lighting
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(1) The Department of Management Services shall consider the energy efficiency of all materials used in the construction, alteration, repair, or rebuilding of a building or facility owned or operated by a state agency. Whenever feasible, the department shall lease a building or f…
Fla. Stat. § 255.60 Special contracts with charitable or not-for-profit organizations
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The state, the governing body of any political subdivision of the state, or a public-private partnership is authorized, but not required, to contract for public service work with a not-for-profit organization or charitable youth organization, notwithstanding competitive sealed bi…
Fla. Stat. § 255.70 Public permitting
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(1) As used in this section, the term “governmental entity” means any state, county, district, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law and any other public or private agency, person,…