TABLE OF CONTENTS
DEPARTMENT OF management sERVICES
Division of Real Estate Development and Management
Introduction
Introduction Letter...... 6
The Department of Management Services Leasing Contact Listing...... 7
General Information...... 8 - 10
a. Responsibilities
b. Statutes, Rules and Regulations
c. Service Categories
d. Private Sector Lease Numbering System
e. Availability of State Owned Space
f. Handicapped Accessibility
Processing Documents...... 11
Agency Signature Authority...... 12
State Fire Marshal Manual...... 13- 20
Chapter One - Certifying Space Need:
Certifying Space Need...... 1.2
Request for Space Need...... 1.2 - 1.6
Preparing Floor Plans...... 1.7
Square Footage Calculations...... 1.7 - 1.8
Space Measurement Rule 60H-2.003...... 1.9
Standard Method of Space Measurement...... 1.10 - 1.13
Workspace Standards...... 1.14
Space Allocation Worksheet...... 1.15 - 1.20
Chapter Two – State Owned Department of Management Services Managed Facilities
Leasing Department of Management Services Managed Pooled Facilities....2.2
General Information...... 2.3
State Owned Lease Numbering System...... 2.4
Renovations...... 2.4
Vacating Space...... 2.5
Processing Lease Actions for Department of Management Services Facilities 2.5 – 2.6
Building Plan Security...... 2.7
The Department of Management Services Facility Managers List...... 2.8
The Department of Management Services Facilities Pool Location Map...... 2.9
Chapter Three- Leases Under 5,000 Square Feet
Required Documents...... 3.2
Checklist for processing a lease less than 5,000 sq. ft...... 3.3
General Information...... 3.4
Quote Submittal Form (FM 4104)...... 3.5 – 3.12
Chapter Four - Leases 5,000 Square Feet or Greater
Required Documents...... 4.2
Checklist for processing leases greater than 5,000 sq. ft...... 4.3
Planning Proposed Facilities...... 4.4 – 4.6
Competitive Negotiations...... 4.6 – 4.12
Bid Synopsis Form (FM 4137)...... 4.13 – 4.17
Invitation to Negotiate Advertisement (ITN)(FM 4066)...... 4.18
Invitation to Negotiate(ITN) including Tenant Broker Language (FM 4065)...... 4.20 – 4.33
Invitation to Negotiate(ITN) without Tenant Broker Language (FM 4065A)...... 4.34 – 4.49
Invitation to Bid (ITB) (FM 4065B)...... 4.50 – 4.63
Request for Proposal (RFP) (FM 4136)...... 4.64 – 4.98
Invitation to Negotiate Attachments...... 4.99 – 4.135
Chapter Five – Standard Lease Agreement
General Information...... 5.2
Lease Agreement Form Instructions...... 5.2 – 5.6
Standard Lease Agreement Form (FM 4054)...... 5.7 – 5.11
Rental Commencement Addendum Form (FM 4054A)...... 5.12
Failure to Comply Addendum Form (FM 4054C)...... 5.13
Janitorial Services Addendum Form (FM4054D)...... 5.14 – 5.16
Public Entity Crime Statement Addendum Form (FM4054E)...... 5.17
Public Hurricane Evacuation Addendum Form (FM 4054F)...... 5.18
Discrimination Addendum Form (FM 4054G)...... 5.19
Tenant Improvement Reimbursement Addendum Form (FM 4054H)...... 5.20
Assessing Liquidated Damages Form (FM 4054I)...... 5.21
Chapter Six – Certification of Compliance Disclosure Statement & Certification of Exemption
Certification of Compliance Instructions...... 6.2 – 6.3
Certification of Compliance Form(FM 4113)...... 6.4 – 6.5
Disclosure Statement Instructions...... 6.6 – 6.7
Disclosure Statement(FM4114)...... 6.8 – 6.10
Updated Disclosure Statement (FM 4114A)...... 6.11
Certification of Exemption Instructions...... 6.12
Certification of Exemption Form(FM4115)...... 6.13
Chapter Seven – Lease Modification
Required Documents...... 7.2
Steps in Processing Modifications...... 7.2 – 7.3
Instruction for Completing Modifications...... 7.3 – 7.5
Frequently Used Lease Modification Forms...... 7.5 – 7.7
Modification to Increase or Decrease Space (FM4062)...... 7.8 – 7.11
Modification to Correct Premises Description (FM 4138A)...... 7.12 – 7.14
Modification to Change Effective Date and Extend Term (FM 4068)...... 7.15-7.16
Modification to Change Effective Date (FM4059)...... 7.17 – 7.18
Modification to Extend Term (FM 4068D)...... 7.19 – 7.20
Modification to Extend Term on a Month to Month Basis (FM4068A)...7.21 – 7.22
Modification to Restructure the Rental Rate (FM4068B)...... 7.23 – 7.24
Modification to Renew Lease and Restructure Rental Rate (FM 4064B)..7.25 – 7.26
Chapter Eight – Lease Renewals
General Information...... 8.2
Require Documents...... 8.2
Lease Renewal Process...... 8.3
Lease Renewal Instructions...... 8.3 – 8.4
Notice of Lease Renewal Form (FM4064)...... 8.5
Agreement of Lease Renewal Instructions...... 8.6
Agreement of Lease Renewal Form (FM 4064A)...... 8.7
Chapter Nine – Specialized Leases, Subleasing and Lease Assignments
Specialized Lease, Stay in Place Leases...... 9.2 – 9.3
Required Documents...... 9.3
Month to Month Leases...... 9.4
Warehouse Leases...... 9.4
Nominal or No Consideration Leases...... 9.5
Parking Lot and Land Leases...... 9.5
Short Term Leases...... 9.5
Subleasing...... 9.5 – 9.6
Assignment of Leases...... 9.6 – 9.9
Lease Assignment (FM4138)...... 9.10 – 9.11
Chapter Ten – Miscellaneous Lease Actions
Termination of Lease Agreement...... 10.2
Terminating Space in State-Owned Space...... 10.2 – 10.3
Lease Cancellation...... 10.3
Processing a Cancellation...... 10.3
Lease Cancellation form (FM 4061)...... 10.4 - 10.5
Change of Ownership...... 10.6
Change of Payee...... 10.6
Tenant at Will General Information and Instructions...... 10.7 – 10.8
Tenant at Will form (FM4112)...... 10.9
1
GENERAL INFORMATION
Improving Florida’s Real Estate Lease Procurement Process
Welcome to our new and improved Leasing Guidelines. You will find everything you need within this publication to procure rental space for the State of Florida. Your role is vital in the partnership established between your Agency, the Department of Management Services and when applicable our Tenant Broker. Our combined knowledge of the State of Florida’s core services and mission as well as real estate knowledge will continue to add value and reduce costs for Florida taxpayers.
We look forward to your input. Please do not hesitate to contact us with suggestions and general comments about this publication. For your convenience, we are making this publication available on our official web page at
DIVISION OF REAL ESTATE DEVELOPMENT AND MANAGEMENT
LEASING CONTACT INFORMATION
Name / Telephone No.& Fax No. / Email
Christine Brandon / PH: 850-488-6680
Fax: 850-488-6687 /
Lisa Lehman / PH: 850-488-9244
Fax: 850-488-6687 /
Glenn Tedcastle / PH: 850-488-6478
Fax: 850-488-6687 /
Erica Wich / PH: 850-488-0673
Fax: 850-488-0673 /
Anthony Andreala / PH: 850-488-3759
Fax: 850-488-3759 /
The following information is provided to clarify terms and procedures covered in the chapters of the leasing manual.
Responsibilities:
Agency:
Determine and justify space need and procure the most cost-effective space in accordance with the statutes and procedures set forth in this document. Prepare leases and related documents.
Department of Management Services (DMS), Division of Real Estate Development and Management:
To administer the State of Florida’s Real Property Lease Management Program, establish criteria for lease procurement, administer leases for state-owned Department of Management Services managed facilities, provide authorization to solicit competitive bids for leased space, review and approve leases for 5,000 square feet or more, accept and file leases under 5,000 square feet, and provide technical assistance and training to agencies in all aspects of lease procurement.
Statutes, Rules and Regulations:
These statutes, rules and regulations are applicable in the procurement of leased space.
a)Section 20, Florida Statutes - Organizational structure of the various agencies of state government.
b)Chapter 83, Florida Statutes - Landlord and Tenant Act.
c)Chapter 120, Florida Statutes - Administrative Procedures Act.
d)Chapter 253, Florida Statutes - State Lands.
e)Chapter 255, Florida Statutes - Public Property and Publicly Owned Buildings.
f)Section 267.061, Florida Statutes – Historic Properties, state policy, responsibility.
g)Chapter 60D-4, Florida Administrative Code. Rules for construction and leasing of state buildings to insure energy conservation.
h)Chapter 60D-5, Florida Administrative Code. Procedures for construction, contract bidding and award, negotiation and changes.
i)Chapter 60D-7, Florida Administrative Code. Minimum codes for state construction under the jurisdiction of the Department of Management Services.
j)Chapter 60H-1, Florida Administrative Code. Leases for real property.
k)Chapter 60H-2, Florida Administrative Code. Space allocation in state-owned office building and privately-owned building.
l)Chapter 60H-4, Florida Administrative Code. Parking.
m)Chapter 60H-6, Florida Administrative Code. Use of State Buildings.
Insurance:
Refer to Department of Financial Services, Division of Risk Management publications for information regarding insurance for leased facilities.
Private Sector Service Categories:
There are four basic types of office space that the state leases:
a)Full Service. As part of the lease, the lessor provides utilities and janitorial services.
b)Full Service less Janitorial. Utilities are furnished but not janitorial services.
c)Full Service less Utilities. Janitorial services are furnished but not utilities.
d)No Services. Neither utilities nor janitorial services are provided by the lessor.
Private Sector Lease Numbering System:
Lease numbers are assigned by the Department of Management Services and indicate the leasing agency and category of lease.
a)The lease numbers are comprised of seven digits. (example 590:1959)
b)The first three numbers designate the agency and are issued by the comptroller.
c)The last four digits designate the category of leased space and the sequential lease number within an agency.
d)The agency designation and the lease number are separated by a colon.
e)The four categories indicated by the lease number are:
i)Lease numbers sequenced from 0 through 5999, 7000 through 7999 identify Private Sector Leases.
ii)Lease number sequenced from 6000 through 6999 identifies Cell Tower Leases.
ii)Lease numbers from 8000 through 8999 identify Turnkey Leases.
iv)Lease numbers from 9000 through 9999 identify Nominal or No Consideration leases.
For example, lease number, 590:1959, identifies the lease as a Department of Children and Families private sector existing space lease. The lease number 590:9001 identifies a Department of Children and Families nominal or no consideration lease.
Availability of StateOwnedSpace
Before entering into any lease arrangements, the availability of stateowned space within the same geographic region, i.e., county or local service center area, that may be suitable for the proposed usage must be ascertained. Justification for nonsuitability of available stateowned space must be based according to the statutory requirements of Section 255.25(4), Florida Statutes.
The Department of Management Services will advise of available space in the stateowned Department of Management Services managed office buildings prior to assigning a lease number.
When it is not in the best interest of the agency to place the unit(s) for which the space is required into a stateowned facility, the Department of Management Services is notified by annotating the Request for Prior Approval of Space Need with an explicit explanation of the reason(s).
It is the agency's responsibility to check the availability of other publiclyowned space (city, county, federal) prior to initiating a request to procure non-state owned space. To accomplish this, each agency should compile an inventory of all publiclyowned facilities within the geographic boundaries that might be suitable for any future space needs and make contact with the appropriate individual for potential space availability. Documentation of this contact should be maintained for future lease procurement efforts. Space owned by other governmental entities may be available to meet agency space needs. Space leased from other governmental entities may be leased through direct negotiation regardless of the square footage involved.
Accessibility forthe Physically Handicapped
1.Chapter 255.21, Florida Statutes, requires that any facility intended for use by the general public which is constructed or leased by a state agency, state board or other authority must be in compliance with Section 553.48, Florida Statutes.
2.Section 553.48, Florida Statutes, charges the Department of Community Affairs with the responsibility of preparing a manual which fully explains the requirements of the American National Standards Institute (ANSI) and Part V of Chapter 553, Florida Statutes.
3.The American National Standards Institute Standard,publication A117.11986 titled MakingBuildings and Facilities Accessible to and Usable by Physically Handicapped People is the national standard for accessibility.
4.To comply with this statute, the Florida Board of Building Codes and Standards of the Department of Community Affairs has prepared the Accessibility Requirements Manual.
5.As a part of the process of obtaining a lease or a modification to increase the square footage of a lease, the lessor is to be made aware of the need for adherence to the handicap accessibility requirements.
6.All requests for information or questions concerning accessibility for the physically handicapped should be directed to the Florida Board of Building Codes and Standards of Department of Community Affairs.
Processing Documents
Documents sent to the Department of Management Services for processing or filing should be accompanied by a transmittal letter or cover sheet. The following is an example of a transmittal letter:
Date
Mr. Anthony Andreala, Chief
Real Property Administrator
Department of Management Services
Building 4050, Suite 315
4050 Esplanade Way
Tallahassee, Florida32399-0950
Re:Lease number:
Division:
Location:
Dear Mr.Andreala:
Enclosed are the following for processing:
Lease Document: New Renewal Modification No.
Market Quotes
Disclosure Statement
Certification of Compliance
Floor Plans
Copy of Invitation to Negotiate
Change of Ownership or Payee
Renovation/Construction Plans
Other:
Contact person for this Lease: Phone #
Sincerely,
Enclosure(s)
Agency’s Signature Authority
The Department of Management Services will not approve documents unless the signatures have been previously authorized with form (FM 4106) (written delegation of authority must accompany documents submitted during the absence of the authorized agency person). The following form gives specific personnel the authority to sign lease documents:
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
AGENCY’S AUTHORIZED SIGNATURE AUTHORITY
Please list all persons authorized to sign the following documents:
Certification of Compliance
Lease Requirement Justification
Lease Agreement, Modifications, Renewalsand Cancellations
Request for Prior Approval of Space Need
Tenant - at - Will
______
Agency
______
Nameand Title
______
Signature
______
Date
FM 4106 (R05/04)
1
The State Fire Marshal has asked that all plans submitted to his office be clearly identified as a new lease or a modification of an existing lease. If the plans are for a new lease, the inspector will automatically go out and inspect the property before it is occupied. Renovations should not begin until the State Fire Marshal has approved the plan.
DIVISION OF THE
STATE FIRE MARSHAL
BUREAU OF FIRE PREVENTION
PLANS REVIEW FEES, PROCEDURES,
AND REQUIREMENTS MANUAL
ALEX SINK
Chief Financial Officer
Date: ______
DIVISION OF STATE FIRE MARSHALL
Plans Review Fees, Procedures and Requirements
The plans for all construction of any new state owned or state lease building and renovation or alteration of any existing state owned or state leased building are subject to review and approval of the Division of State Fire Marshal for compliance with the Uniform Fire Safety Standards prior to commencement of construction or change of occupancy. The Division of State Fire Marshal may inspect state owned and state leased spaces as necessary prior to occupancy or during construction, renovation, or alteration to ascertain compliance with the uniform fire safety standards as per Florida Statutes 633.085 and 69A-52, Florida Administrative Code.
69A-3.009 (12), FAC, defines a state owned building as:
(a) “State-owned building,” as used in Chapter 633, F.S., and any rule adopted by the State Fire Marshal, except as provided in paragraph (b) of this subsection, means any structure used or intended for supporting or sheltering any use or occupancy of which the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the record owner of the legal title to such structure.
(b) “State-owned building” does not mean or include a pole barn, a picnic shelter, a lift station, an animal pen, an animal feeder, a pump house, a one-family private residence, a two-family private residence, a forestry fire tower or other fire tower, a radio tower, a building no longer in use, an empty building, or a greenhouse.
DESIGN CRITERIA
The Life Safety portion of the plans shall be designed in accordance with the National Fire Protection Association (NFPA) 101, Life Safety Code; NFPA 1, Fire Prevention Code; and adopted NFPA Standards. See Florida Administrative Code 69A-3.012 for the adopted edition of NFPA 101 & 1 and a list of adopted NFPA Standards.
(
PLANS REVIEW FEES
The fee for plans review is determined by multiplying the estimated construction/ renovation cost of the building, by the constant 0.0025. The minimum fee is $100.00. This does not include the cost of the land, site improvements, civil work or furniture & equipment.
Example:
$1,000.000.00 Construction Cost x .0025 = 2,500.00 Fee
METHOD OF PAYMENT
After plans are received an invoice will be prepared and sent at which time payment can be made by personal check, money order or, if a state agency is paying, a Samas – Journal Transfer. Please make check or money order payable to the Department of Financial Services. Fill in the memo portion with “SFM Plans Review fee” and return payment with invoice.
Page 1
COVER LETTER
Please include a cover letter with the following information:
- Is this a state-owned or state-leased building? (see definition on page 1)
- Project description and project number
- Building name, address and county, and building number
- Site name and address.
- Project square footage.
- Occupancy type, construction type, and building height (feet and stories).
- Is this a change in occupancy?
- Estimated construction cost of the building or renovation. This does not include the cost of land, site improvements, civil work or furniture and equipment.
- Architect’s name and address.
- Who (name and address) is responsible for paying the fee?
- Where (name and address) should the plans be sent after the review?
- Agency name and state agency contact person (name and phone #) for this project.
- Name and phone # of the local fire authority.
- If this is state lease (either private sector lease or Department of Management Services facility), please provide the facility’s name, lease number, state agency occupying the lease, and send copies of the cover letter to:
Randall C. BakerDan Hedrick
Department of Management ServicesDepartment of Management Services
Division of Real Estate DevelopmentDivision of Real Estate Development
and Management and Management
4050 Esplanade Way4050 Esplanade Way, Suite 315
Building 4050, Suite 315Building 4050, Suite: 315
Tallahassee, Fl 32399-0950Tallahassee, Florida32399-0950
WHAT TO SUBMIT
Plans and specifications are required to be signed and sealed in accordance with Florida Statute. Submit completed application from DFS-K3-1973 and two sets of plans and one set of specification to:
If Sending By Regular MailIf Sending By Overnight Service
Division of State Fire MarshalDivision of State Fire Marshal
Plans Review SectionPlans Review Section
200 East Gaines Street325 John Knox Road, AtriumBuilding
Tallahassee, Florida 32399-0342Tallahassee, Florida 32303
Page 2
PLANS SUBMISSION
The Division of State Fire Marshal will require the submitter to furnish two sets of plans and one set of specifications for review to the Plans Review Section. The submitter may, however, submit plans at an earlier stage, i.e., design review, in which case only one unsigned set needs to be submitted. Only one design review will be allowed per project. When the documents are approved for construction, the plans and specs will be stamped "APPROVED" and returned to the submitter. The stamped set of plans must be kept on the job site for the fire safety inspector's use at the time of inspection. It shall be the responsibility of the submitter to see that the "approved" set of plans is on the construction site before work begins and remains there until final inspection and approval has been issued. Plan approval is good for one year from the date of issue. The construction contract must be let within this period or the approval will expire and the plans must be re-submitted with another review fee. The editions of the pertinent codes that will apply to your project will be those that are adopted at the date of your first submittal, regardless of phase, i.e. 50% or final, and will not change even if a newer edition is adopted during the review process.