53ER08-79: Facility Leases.
SUMMARY: This emergency rule sets forth the provisions of facility leases of 10,000 square feet or more and replaces rule 53ER07-55.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011
THE FULL TEXT OF THE EMERGENCY RULE IS:
53ER08-79 Facility Leases.
(1) The Lottery finds that, due to the unique nature of its business, strict compliance with Chapter 255, Florida Statutes, and the rules adopted thereunder, would impair or impede the effective and efficient operation of the Lottery. Therefore, the Lottery is adopting this rule to provide the following alternative procedures for acquiring facility leases in an open and competitive manner.
(2) The Lottery will follow Section 255.25, Florida Statutes, and the rules (excluding the forms) adopted thereunder, to competitively acquire leased office or warehouse space of 10,000 square feet or more; provided, however, pursuant to subsection 24.105(13), Florida Statutes, the Lottery may grant the approvals and perform the functions that would otherwise be exercised by the Department of Management Services.
(3) For leases of office or warehouse space less than 10,000 square feet competitive offers will be obtained. Solicitation of competitive offers and negotiation of terms, conditions and costs will be conducted either by the Lottery or a contracted Tenant Broker.
(4) The Lottery shall enter into facility lease agreements that have a base term, renewal and/or extension periods that are determined by the Lottery to provide the greatest long-term benefit to the state. On the anniversary date of the agreement, or at such time as the Lottery’s business operations and/or market-place conditions warrant, the Lottery may negotiate the term, pricing and/or deliverables of the agreement.
Specific Authority 24.105(13), 24.109(1) FS. Law Implemented 24.105(13), 24.111, 255.25 FS. History–New 12-23-08.