Title: SB 980 - A Bill Relating to Fixed Capital Outlay
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 Material Information
Title: SB 980 - A Bill Relating to Fixed Capital Outlay
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - SB 980 - A Bill Relating to Fixed Capital Outlay (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 23
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004200
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text
F lorlaa ben .9
SB 980

By Senators Dunn, Henderson, Margolis and Neal-

10-1452-83



1 A bill to be entitled

2 An act relating to fixed capital outlay;

3 creating the Florida Infra-structure Needs and

4 Funding Study Committee in the Executive Office

5 of the Governor; providing for the membership

6 of the committee; providing for appointment of

7 members and for duties of the committee;

8 providing for reports to the Governor and

9 Legislature; providing for secretarial support

10 by the Executive Office of the Governor;

11 authorizing the committee to employ an

12 executive director and staff; providing an

13 appropriation; providing an effective date.

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15 WHEREAS, the State of Florida has no clearly defined

16 and consistently applied policy relating to the forecasting of

17 agency fixed capital outlay needs and the development of a

18 long-term, comprehensive plan for meeting the fixed capital

19 outlay needs, and

20 WHEREAS, on March 31, 1983, the State of Florida was

21 leasing from private lessors 4,407,040 square feet of space at

22 an annual cost of $29,153,529.65, and

23 WHEREAS, because of severe budget limitations, the

24 State of Florida is presently unable to fund the construction

25 of five planned new state office buildings (with over one

26 million square feet of office space and costing approximately

27 $105 million) and will be forced to lease such space at life-

28 cycle costs that are much higher than if the buildings were

29 owned and constructed by the state, and

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1 WHEREAS, the State of Florida has a critical and

2 immediate need for more than 2,200 new prison beds at a cost

3 of more than $56 million, and

4 WHEREAS, the State of Florida has an urgent and

5 immediate need to repair, renovate, and construct, health and

6 rehabilitative services facilities at a cost of at least $161

7 million, and

8 WHEREAS, delays in building repairs, renovations, and

9 new construction will result, in the long run, in

10 substantially higher life-cycle costs to the state, and

11 WHEREAS, the State of Florida needs to study

12 alternative methods for funding, repair, renovation, and

13 construction to insure that new facilities are provided and

14 older facilities are maintained as needed, NOW, THEREFORE,

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16 Be It Enacted by the Legislature of the State of Florida:

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18 Section 1. This act may be cited as the "Florida

19 Infra-structure Needs and Funding Study Act."

20 Section 2. There is created in the Executive Office of

21 the Governor the Florida Infra-structure Needs and Funding

22 Study Committee. The committee shall be composed of 18

23 members. The Governor shall appoint 14 of the members. Each

24 member appointed by the Governor shall be a resident of

25 Florida who holds a senior executive position in commerce or

26 industry and who has knowledge or experience in the field of

27 financial planning and business management. The President of

28 the Senate shall appoint two Senate members, and the Speaker

29 of the House of Representatives shall appoint two House

30 members. The committee shall elect a chairman from among its

31 legislator members, and it shall elect a vice-chairman and

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such other officers as it deems necessary. Members of the

committee shall serve without additional compensation or

honorarium, but the members are authorized to receive

reimbursement for per diem and traveling expenses as provided

in s. 112.061, Florida Statutes. The committee shall continue

in existence until December 31, 1984.

Section 3. The committee shall:

(1) Identify and quantify the infra-structure needs of

the state for the remainder of this century.

(2) Evaluate the existing appropriations process and

the planning and budget process and existing policies of the

state for fixed capital outlay projects, which evaluation

shall include the existing policies and procedures of the

state pertaining to sources of funds and funding alternatives

for fixed capital outlay expenditures.

(3) Review and evaluate these policies and functions

in light of present constitutional limitations and statutory

authorizations and shall specifically include an evaluation of

alternative funding methods which are available in other

states or in the private sector and which are not presently

authorized for state or local government use under the State

Constitution or existing state statutes.

(4) Recommend any constitutional or statutory changes

that would better facilitate the state's meeting its infra-

structure funding needs of the future, in a manner consistent

with sound business practice, by availing itself of the

funding opportunities presently available in the marketplace.

(5) Evaluate existing state statutes, policies, and

rules, and recommend appropriate changes, with regard to:

(a) The policy on facility utilization based on

function;

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1 (b) The policies on maintenance, functional

2 obsolescence, retention, and disposal;

3 (c) The policies on parking and employee

4 accommodations;

5 (d) The policy on joint utilization of buildings and

6 other facilities with sister state agencies;

7 (e) The policy on multi-use utilization of buildings

8 and other facilities with other governmental agencies at the

9 state, regional, or local level, and with nonprofit entities

10 or charitable agencies;

11 (f) The policy on multi-use utilization of buildings

12 and other facilities with private entities incidental to

13 governmental uses;

14 (g) The policies on historic preservation and

15 restoration;

16 (h) The policies on teleconference centers and

17 telecommunications facilities;

18 (i) The policy on environmental impact of the

19 construction or expansion of state or local capital

20 facilities;

21 (j) The policy on energy conservation and efficiency

22 for existing and new buildings and other capital facilities;

23 (k) The policies on siting of buildings, prisons,

24 community-based facilities, and other capital facilities

25 including the intergovernmental impacts and siting problems in

26 the areas of zoning and other local land use restrictions;

27 (1) The policies on countercyclical funding of

28 construction and maintenance of facilities by the state and by

29 other agencies;

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1 (m) The policies regarding lease-purchase options,

2 including a comparison of those options, based on a uniformly

3 applied present value, life-cycle cost evaluation process;

4 (n) The policy of the state regarding payments to

5 local governments in lieu of taxes for facilities owned and

6 operated by the state in local jurisdictions; and

7 (o) The policy regarding amortization or recapture of

8 the state's capital investment as a factor in determining

9 "rent" of such buildings or other capital facilities.

10 Section 4. On or before January 15, 1984, the

11 committee shall prepare and submit to the Governor and the

12 Legislature an interim report. That report shall include, but

13 shall not be limited to:

14 (1) Recommendations for the development of a

15 comprehensive, long-range state plan and planning process for

16 capital facilities.

,4 17 (2) Recommendations for innovative and cost-effective

18 financing methods for "generating" and expending funds for

19 capital facilities.

? 20 (3) Recommendations of alternative funding methods for

21 capital facilities, including financing by tax-exempt

22 leveraged leasing and similar funding alternatives.

23 (4) Recommendations of proposed constitutional and

24 statutory changes necessary to implement the recommended

25 policy or procedure recommendations.

26 (5) Recommendations of appropriate changes to policies

27 relating to agency needs assessments and component parts of a

28 long-term, capital facilities plan for the state.

29 Section 5. On or before September 15, 1984, the

30 committee shall prepare and submit to the Governor and the

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10-1452-83


1 Legislature an interim report which shall include, but shall

2 not be limited to:

3 (1) Recommendations for the development of a

4 comprehensive, long-range plan and planning process for local

5 facilities, including public schools and community colleges.

6 (2) Recommendations for innovative and cost-effective

7 financing methods for "generating" and expending funds for

8 capital facilities.

9 (3) Recommendations of alternative funding methods for

10 local government capital facilities, including financing by

11 tax-exempt leveraged leasing and similar funding alternatives.

12 (4) Recommendations of proposed constitutional and

13 statutory changes necessary to implement the recommended

14 policy or procedure recommendations.

15 (5) Recommendations of appropriate changes to policies

16 relating to needs assessment and component parts of long-term,

17 capital facilities plans at the local level, including school

18 districts and community colleges.

19 Section 6. The committee shall prepare and submit to

20 the Governor and the Legislature, by not later than December

21 31, 1984, a final report which shall include, but shall not be

22 limited to:

23 (1) The findings made by the committee during its

24 study;

25 (2) Excerpts and significant testimony of experts on

26 which the committee's recommendations were based; and

27 (3) An explanation of funding alternatives considered

28 by the committee, in addition to those recommended, and a

29 brief statement of the committee's reasons for rejection of

30 the other funding alternatives.

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10-1452-83



1 Section 7. The committee shall employ an executive

2 director and may employ other staff and consultants as needed

3 to carry out its functions. Committee staff shall not be

4 members of the Career Service System. The Executive Office of

5 the Governor shall be the secretariat for the committee, and

6 it shall provide all necessary secretarial and clerical

7 support for the committee. All state and local agencies shall

8 cooperate to the fullest extent possible in assisting the

9 committee in the performance of its duties.

10 Section 8. The sum of $150,000 is hereby appropriated

11 from the General Revenue Fund to the Executive Office of the

12 Governor for use by the Florida Infra-structure Needs and

13 Funding Study Committee in performing the duties of the

14 committee.

15 Section 9. This act shall take effect July 1, 1983 or

16 upon becoming a law, whichever occurs later.

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18 *****************************************
18

19 SENATE SUMMARY

20 Creates the 18-member Florida Infra-structure Needs and
Funding Study Committee in the Executive Office of the
21 Governor to recommend policies relating to agency infra-
structure needs assessments and the development of long-
22 range plans and policies for fixed capital outlay funding
and expenditures at the state and local levels. Fourteen
23 members of the committee will be appointed by the
Governor and 2 members each by the presiding officers of
24 the Senate and House of Representatives. The committee
will make interim reports and a final report to the
25 Governor and the Legislature and will cease to exist
December 31, 1984. The sum of $150,000 is appropriated
26 from the General Reveune Fund for the study.

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