Florida Statutes Title XVIII Chapter 255 - Public Property And Publicly Owned Buildings

• 255.01 - Proceeds Of Insurance May Be Used To Replace Property Destroyed.
  When any state, county, municipal, or other public property of this state is destroyed or partially destroyed, by fire or otherwise, upon which there is...
• 255.02 - Boards Authorized To Replace Buildings Destroyed By Fire.
  The Department of Management Services or any board or person having the direct supervision and control of any state building or state property may have...
• 255.03 - Proceeds Of Insurance To Be Paid Into State Treasury; Disbursement Of Funds.
  (1) The proceeds from the insurance of any state building or state property covered by insurance which may be destroyed in whole or in part by...
• 255.04 - Preference To Home Industries In Building Public Buildings.
  Every official board in the state, whether of the state, a county, or a municipality, which may be charged with the duty of erecting or...
• 255.041 - Separate Specifications For Building Contracts.
  Every officer, board, department, commission or commissions charged with the duty of preparing specifications or awarding or entering into contract for the erection, construction, or...
• 255.042 - Shelter In Public Buildings.
  (1) It shall be the policy of the state that fallout protection be incorporated to the fullest practical extent in all public buildings of the state...
• 255.043 - Art In State Buildings.
  (1) Each appropriation for the original construction of a state building which provides public access shall include an amount of up to 0.5 percent of the...
• 255.045 - Cleanup After Events Held On Public Property.
  (1) Any person who sponsors or promotes an event to be held on or within any public property or facility in the state must reasonably protect...
• 255.047 - Publicly Owned Or Operated Convention Centers, Sports Stadiums, Sports Arenas, Coliseums, Or Auditoriums; Booking Business Records; Confidentiality.
  (1) As used in this section:(a) “Booking business records” means client calendars, client lists, exhibitor lists, and marketing files. The term does not include contract negotiation documents,...
• 255.05 - Bond Of Contractor Constructing Public Buildings; Form; Action By Claimants.
  (1) A person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity,...
• 255.051 - Public Bids; Check Or Draft As Good Faith Deposit.
  Whenever any form of bid of the state or any county or municipality thereof or any department or agency of the state, county or municipality...
• 255.0515 - Bids For State Contracts; Substitution Of Subcontractors.
  With respect to state contracts let pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or this chapter, relating to public buildings,...
• 255.0516 - Bid Protests By Educational Boards.
  With respect to state contracts and bids pursuant to competitive bidding, whether under chapter 1013, relating to educational facilities, or under this chapter, relating to...
• 255.0517 - Owner-controlled Insurance Programs For Public Construction Projects.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Owner-controlled insurance program” means a consolidated insurance program or series of insurance policies issued to a public agency that...
• 255.0518 - Public Bids; Bid Opening.
  Notwithstanding s. 119.071(1)(b), the state or any county or municipality thereof or any department or agency of the state, county, or municipality or any other...
• 255.052 - Substitution Of Securities For Amounts Retained On Public Contracts.
  (1) Under any contract made or awarded by the state or any county, city, or political subdivision thereof, or other public authority, the contractor may, from...
• 255.0525 - Advertising For Competitive Bids Or Proposals.
  (1) The solicitation of competitive bids or proposals for any state construction project that is projected to cost more than $200,000 shall be publicly advertised once...
• 255.0705 - Popular Name.
  Sections 255.0705-255.078 may be cited as the “Florida Prompt Payment Act.”History.—s. 4, ch. 2005-230.
• 255.071 - Payment Of Subcontractors, Sub-subcontractors, Materialmen, And Suppliers On Construction Contracts For Public Projects.
  (1) Any person, firm, or corporation who receives a payment from the state or any county, city, or political subdivision of the state, or other public...
• 255.072 - Definitions.
  As used in ss. 255.073-255.078, the term:(1) “Agent” means project architect, project engineer, or any other agency or person acting on behalf of a public entity.(2) “Construction...
• 255.073 - Timely Payment For Purchases Of Construction Services.
  (1) Except as otherwise provided in ss. 255.072-255.078, s. 215.422 governs the timely payment for construction services by a public entity.(2) If a public entity disputes a...
• 255.074 - Procedures For Calculation Of Payment Due Dates.
  (1) Each public entity shall establish procedures whereby each payment request received by the public entity is marked as received on the date on which it...
• 255.075 - Mandatory Interest.
  A contract between a public entity and a contractor may not prohibit the collection of late payment interest charges authorized under s. 255.073(4).History.—s. 9, ch.
• 255.076 - Award Of Court Costs And Attorney’s Fees.
  In an action to recover amounts due for construction services purchased by a public entity, the court shall award court costs and reasonable attorney’s fees,...
• 255.077 - Project Closeout And Payment Of Retainage.
  (1) Each contract for construction services between a public entity and a contractor must provide for the development of a list of items required to render...
• 255.078 - Public Construction Retainage.
  (1) With regard to any contract for construction services, a public entity may withhold from each progress payment made to the contractor an amount not exceeding...
• 255.099 - Preference To State Residents.
  (1) Each contract for construction that is funded by state funds must contain a provision requiring the contractor to give preference to the employment of state...
• 255.0991 - Contracts For Construction Services; Prohibited Local Government Preferences.
  (1) For purposes of this section, the term:(a) “Competitive solicitation” has the same meaning as in s. 255.248.(b) “State-appropriated funds” means all funds appropriated in the General Appropriations...
• 255.101 - Contracts For Public Construction Works; Utilization Of Minority Business Enterprises.
  (1) All county officials, boards of county commissioners, school boards, city councils, city commissioners, and all other public officers of state boards or commissions which are...
• 255.102 - Contractor Utilization Of Minority Business Enterprises.
  (1) Agencies shall consider the use of price preferences, weighted preference formulas, or other preferences for construction contracts, as determined appropriate by the Office of Supplier...
• 255.103 - Construction Management Or Program Management Entities.
  (1) As used in this section, the term “governmental entity” means a county, municipality, school district, special district as defined in chapter 189, or political subdivision...
• 255.20 - Local Bids And Contracts For Public Construction Works; Specification Of State-produced Lumber.
  (1) A county, municipality, special district as defined in chapter 189, or other political subdivision of the state seeking to construct or improve a public building,...
• 255.21 - Special Facilities For Physically Disabled.
  Any building or facility intended for use by the general public which, in whole or in part, is constructed or altered or operated as a...
• 255.211 - Special Symbol May Be Displayed.
  All state-owned buildings providing facilities for wheelchair users, including, but not limited to, entrance and exit facilities, shall display at all entrances the internationally recognized...
• 255.22 - Reconveyance Of Lands Not Used For Purpose Specified.
  (1) In the event any party owning adjoining land conveys real property, without receipt of valuable consideration, to any municipality or county for a specific purpose...
• 255.248 - Definitions.
  As used in this section and ss. 255.249-255.25, the term:(1) “Best leasing value” means the highest overall value to the state based on objective factors that...
• 255.249 - Department Of Management Services; Responsibility; Department Rules.
  (1) The department shall have responsibility and authority for the operation, custodial care, preventive maintenance, repair, alteration, modification, and allocation of space for all buildings in...
• 255.25 - Approval Required Before Construction Or Lease Of Buildings.
  (1) During the term of existing leases, each agency shall consult with the department regarding opportunities for consolidation, use of state-owned space, build-to-suit space, and potential...
• 255.25001 - Department Of Management Services Not Required To Participate In Pride Leasing Process; Department Of Agriculture And Consumer Services Authorized To Sell Property Without Complying With Specified Laws, Distribution Of Proceeds.
  Notwithstanding the provisions of:(1) Section 946.504(3), as amended by chapter 92-279, Laws of Florida, the Department of Management Services shall not be required to participate with...
• 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,...
• 255.2502 - Contracts Which Require Annual Appropriation; Contingency Statement.
  No executive branch department or agency, public officer or employee shall enter into any contract on behalf of the state, which contract binds the state...
• 255.2503 - Contracts For Lease Of Buildings; Prohibited Provisions.
  No executive agency or department, public officer or employee may enter any lease, contract, rental agreement, lease-purchase agreement, purchase agreement, or sale-leaseback agreement on behalf...
• 255.251 - Energy Conservation And Sustainable Buildings Act; Short Title.
  This act shall be cited as the “Florida Energy Conservation and Sustainable Buildings Act.”History.—s. 1, ch. 74-187; s. 16, ch. 2008-227.
• 255.252 - Findings And Intent.
  (1) Operating and maintenance expenditures associated with energy equipment and with energy consumed in state-financed and leased buildings represent a significant cost over the life of...
• 255.253 - Definitions; Ss. 255.251-255.2575.
  (1) “Department” means the Department of Management Services.(2) “Facility” means a building or other structure.(3) “Energy performance index or indices” (EPI) means a number describing the energy requirements...
• 255.254 - No Facility Constructed Or Leased Without Life-cycle Costs.
  (1) A state agency may not lease, construct, or have constructed, within limits prescribed in this section, a facility without having secured from the department an...
• 255.255 - Life-cycle Costs.
  (1) The department shall adopt rules and procedures, including energy conservation performance guidelines based on sustainable building ratings, for conducting a life-cycle cost analysis of alternative...
• 255.256 - Energy Performance Index.
  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.History.—s....
• 255.257 - Energy Management; Buildings Occupied By State Agencies.
  (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...
• 255.2575 - Energy-efficient And Sustainable Buildings.
  (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...
• 255.259 - Florida-friendly Landscaping On Public Property.
  (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...
• 255.28 - Department Authority To Acquire Land With Or For Facility Thereon.
  (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...
• 255.29 - Construction Contracts; Department Rules.
  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...
• 255.30 - Fixed Capital Outlay Projects; Department Rules; Delegation Of Supervisory Authority; Delegation Of Responsibility For Accounting Records.
  (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...
• 255.31 - Authority To The Department Of Management Services To Manage Construction Projects For State And Local Governments.
  (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...
• 255.32 - State Construction Management Contracting.
  (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...
• 255.40 - Use Of Asbestos In New Public Buildings Or Buildings Newly Constructed For Lease To Governmental Entities; Prohibition.
  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...
• 255.45 - Correction Of Firesafety Violations In Certain State-owned Property.
  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...
• 255.451 - Electronic Firesafety And Security System.
  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...
• 255.501 - Building And Facilities Act; Short Title.
  Sections 255.501-255.525 shall be known and may be cited as the “Florida Building and Facilities Act.”History.—s. 1, ch. 85-349.
• 255.502 - Definitions; Ss. 255.501-255.525.
  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,...
• 255.503 - Powers Of The Department Of Management Services.
  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...
• 255.504 - Use Of Facilities.
  (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...
• 255.505 - Creation Of The Pool.
  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...
• 255.506 - Facilities In Pool.
  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...
• 255.507 - Determination Of Qualified Facilities.
  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...
• 255.508 - Participation In Pool.
  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...
• 255.509 - Request For Advisory Statement.
  (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...
• 255.51 - Determination Of Rental Rates.
  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...
• 255.511 - Factors To Be Considered In Establishing Rental Rates.
  (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...
• 255.513 - Powers Of The Division Of Bond Finance And The Department Of Management Services.
  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,...
• 255.514 - Division Of Bond Finance; Revenue Bonds.
  The division is authorized to issue obligations under this act on behalf of and at the request of the Department of Management Services.History.—s. 5, ch....
• 255.515 - Issuance Of Obligations By The Division.
  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...
• 255.516 - Security For Payment Of Obligations.
  (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,...
• 255.517 - Anticipation Obligations.
  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...
• 255.518 - Obligations; Purpose, Terms, Approval, Limitations.
  (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);...
• 255.519 - Variable Rate Obligations.
  (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...
• 255.52 - Approval By State Board Of Administration.
  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...
• 255.521 - Failure Of Payment.
  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...
• 255.522 - State And Political Subdivisions Not Liable On Obligations.
  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...
• 255.523 - Exemption From Taxes.
  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...
• 255.524 - Obligations Issued Constitute Legal Investments.
  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,...
• 255.525 - Inconsistent Provisions Of Other Laws Superseded.
  Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.History.—s. 24,...
• 255.5576 - Consideration Of Energy-efficient Materials; High-energy Lighting.
  (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...
• 255.60 - Special Contracts With Charitable Or Not-for-profit Organizations.
  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...

Last modified: September 23, 2016