Law: Public Property and Publicly Owned Buildings

Introduction

The partnership between public and private sectors is vital for maintaining sustainable budgets of government organizations. According to Bulnina, Askhatova, Kabasheva, and Rudaleva (2015), the relationship between the two sectors can help to create conditions for increasing competitiveness through more effective use of state property. However, there is a need for the consolidation of the interaction system between public and private sectors through coherent laws and regulations. One of the forms of cooperation is renting the public property for hospitality events. In Florida, this kind of partnership is regulated by Chapter 255 of 2019 Florida Statutes, which is entitled Public Property and Publically Owned Buildings. The present paper offers a review of this law and analyzes its implications for hospitality events.

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Law Review

Chapter 255 of 2019 Florida Statutes regulates the construction, renovation, and management of the public property and publically owned buildings. In sections 255.01-255.03, it discusses how the money paid by insurance companies for the damaged property should be used. In sections 255.04-255.451, it describes the rules for cooperation between the government and private sectors in terms of construction and renovation of government buildings. Finally, sections 255.501-255.60 regulate the use of state property by private organizations. Since the present paper focuses on hospitality issues, further details will be given on the parts of the legislation connected with the matter.

The legislation provides thorough information about how the government of Florida and private entities are to cooperate. Such a partnership aims at ensuring the best interest of the public; therefore, the Department of Management Services (DMS) is to assess the ambition of the potential user and ensure that they do not contradict the public interest (“Chapter 255,” para. 255.065). DMS is also responsible for assessing a proposed event in terms of public safety and collecting rent and other payments for the use of public property (“Chapter 255,” para. 255.503). However, DMS can grant the right to communicate with the private organization to agencies that are currently using the facility of interest (“Chapter 255,” para. 255.503). In case the facility is being used by a public agency, it can rent out the property to private actors and continue paying the rent to DMS.

The rental price is to be assessed by the DMS in order to establish fair relationships. Agencies can ask for DMS’s assistance for evaluating the optimal rental rate (“Chapter 255,” para. 255.509). DMS is to rely upon financial advisers or other professionals and may assume whatever method of financing that the division deems cost-effective (“Chapter 255,” para. 255.509). The rental charges are to be provided on a per square foot basis, and agencies can establish separate rates for warehouse space and parking space of the rented facilities (“Chapter 255,” para. 255.51). In case of failure of timely payments, DMS or agencies will terminate the contract and bring the case to court. In such events, if found guilty, the renter is supposed all the court costs and attorney fees (“Chapter 255,” para. 255.076). In short, the legislation ensures the appropriate financial relationship between the public and private sectors.

The condition of a facility is to be the same before and after an event. DMS is in charge of keeping all the public property in a proper condition, which is to be carefully documented (“Chapter 255,” para. 255.507). The renter is expected to provide for all necessary cleanup, repair, and restoration of such property or facility to its condition before the event (“Chapter 255,” 255.045). In case of failure to fulfill this requirement in 15 days after the event, the renter will be charged a fine of no more than $500 per day. In summary, both public and private users of facilities are to ensure reasonable protection of government facilities.

Implications for the Hospitality Sector

In case a client request a venue of public property, event planners are to consult Chapter 255 of 2019 Florida Statutes for regulation purposes. In order to rent public facilities for an event, private actors are to contact DMS or agencies, which are currently using the facilities. The potential renters have the right to receive thorough information about the available facilities. The state of the facilities is to be carefully represented in the documentation and adhere to fire safety and other quality standards. The rate of payment is to be negotiated with the agencies or DMS, and they are not obliged to disclose the rationale behind the judgment. If the renter fails to pay the rent, legal charges will be brought to court. After the event, the private actor is to make sure that the facility is in the documented condition. Therefore, event planners are to review the condition of the facilities and their compliance with the provided documentation.

Analysis and Conclusion

The reviewed legislation provides a legal framework for the cooperation between state and private actors. The review shows that there are several uncertainties left in the sphere. For instance, it is unclear who is to pay for damages to public properties in case of the Act of God. According to Verweij, Teisman, and Gerrits (2016), this is common for public-private partnerships. Moreover, the document is poorly organized since the majority of the document describes the cooperation in case of construction, while the information about the regulations of renting public venues is scarce and scattered.

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References

Bulnina, I., Askhatova, L., Kabasheva, I., & Rudaleva, I. (2015). Public and private partnership as a mechanism of government and business cooperation. Mediterranean Journal of Social Sciences. Web.

Chapter 255: Public property and publically owned buildings. (2019). Web.

Verweij, S., Teisman, G. R., & Gerrits, L. M. (2016). Implementing public–private partnerships. Public Works Management & Policy, 22(2), 119–139. Web.

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StudyCorgi. 2021. "Law: Public Property and Publicly Owned Buildings." June 11, 2021. https://studycorgi.com/law-public-property-and-publicly-owned-buildings/.

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StudyCorgi. (2021) 'Law: Public Property and Publicly Owned Buildings'. 11 June.

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