Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER09-51: Facility Leases
SUMMARY: This emergency rule sets forth the provisions of facility leases of 10,000 square feet or more and replaces Rule 53ER08-79, F.A.C.
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:

53ER09-51 Facility Leases.

(1) The Lottery finds that, due to the unique nature of its business, strict compliance with Chapter 255, F.S., 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, F.S., and the rules (excluding the forms) adopted thereunder, to competitively acquire leased office or warehouse space of 10,000 square feet or more, subject to the provisions of Section 24.105(13), F.S.

(3) For leases of office or warehouse space less than 10,000 square feet, competitive offers will be solicited. Negotiation of terms, conditions and costs will be conducted thereafter. Alternatively, if the Lottery rejects all offers received, it will either re-solicit competitive offers or the procurement will be canceled.

(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.

Rulemaking Authority 24.105(13), 24.109(1) FS. Law Implemented 24.105(13), 24.111, 255.25 FS. History–New 10-9-09, Replaces 53ER08-79, F.A.C.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: October 9, 2009