F lorlaa ben .9
By Senators Dunn, Henderson, Margolis and Neal-
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.
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,
16 Be It Enacted by the Legislature of the State of Florida:
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
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1 (b) The policies on maintenance, functional
2 obsolescence, retention, and disposal;
3 (c) The policies on parking and employee
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
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
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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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
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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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
15 Section 9. This act shall take effect July 1, 1983 or
16 upon becoming a law, whichever occurs later.
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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