255.2501 Lease of space
financed with local government obligations. ---
(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.