CS/HB 149 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to continuing contracts; amending s. 2
255.103, F.S.; revising the maximum estimated 3
construction cost of construction projects for which a 4
governmental entity may enter into a continuing 5
contract; amending s. 287.055, F.S.; revising the 6
definition of the term "continuing contract"; 7
requiring the Department of Transportation to select a 8
certain number of qualified firms and authorize work 9
in a specified manner for certain continuing 10
contracts; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Subsection (4) of section 255.103, Florida 15
Statutes, is amended, and subsections (2) and (3) of that 16
section are republished, to read: 17
255.103 Construction management or program management 18
entities.— 19
(2) A governmental entity may select a construction 20
management entity, pursuant to the process provided by s. 21
287.055, which is to be responsible fo r construction project 22
scheduling and coordination in both preconstruction and 23
construction phases and generally responsible for the 24
successful, timely, and economical completion of the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
construction project. The construction management entity must 26
consist of or contract with licensed or registered professionals 27
for the specific fields or areas of construction to be 28
performed, as required by law. The construction management 29
entity may retain necessary design professionals selected under 30
the process provided in s. 287.055. At the option of the 31
governmental entity, the construction management entity, after 32
having been selected and after competitive negotiations, may be 33
required to offer a guaranteed maximum price and a guaranteed 34
completion date or a lump -sum price and a guaranteed completion 35
date, in which case, the construction management entity must 36
secure an appropriate surety bond pursuant to s. 255.05 and must 37
hold construction subcontracts. If a project, as defined in s. 38
287.055(2)(f), solicited by a gove rnmental entity under the 39
process provided in s. 287.055 includes a grouping of 40
substantially similar construction, rehabilitation, or 41
renovation activities as permitted under s. 287.055(2)(f), the 42
governmental entity, after competitive negotiations, may r equire 43
the construction management entity to provide for a separate 44
guaranteed maximum price or a separate lump -sum price and a 45
separate guaranteed completion date for each grouping of 46
substantially similar construction, rehabilitation, or 47
renovation activities included within the project. 48
(3) A governmental entity may select a program management 49
entity, pursuant to the process provided by s. 287.055, which is 50
CS/HB 149 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to be responsible for schedule control, cost control, and 51
coordination in providing or procuring planning, design, and 52
construction services. The program management entity must 53
consist of or contract with licensed or registered professionals 54
for the specific areas of design or construction to be performed 55
as required by law. The program management en tity may retain 56
necessary design professionals selected under the process 57
provided in s. 287.055. At the option of the governmental 58
entity, the program management entity, after having been 59
selected and after competitive negotiations, may be required to 60
offer a guaranteed maximum price and a guaranteed completion 61
date or a lump-sum price and guaranteed completion date, in 62
which case the program management entity must secure an 63
appropriate surety bond pursuant to s. 255.05 and must hold 64
design and constructio n subcontracts. If a project, as defined 65
in s. 287.055(2)(f), solicited by a governmental entity under 66
the process provided in s. 287.055 includes a grouping of 67
substantially similar construction, rehabilitation, or 68
renovation activities as permitted under s. 287.055(2)(f), the 69
governmental entity, after competitive negotiations, may require 70
the program management entity to provide for a separate 71
guaranteed maximum price or a lump -sum price and a separate 72
guaranteed completion date for each grouping of subs tantially 73
similar construction, rehabilitation, or renovation activities 74
included within the project. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4) A governmental entity's authority under subsections 76
(2) and (3) includes entering into a continuing contract for 77
construction projects, pursuant to the process provided in s. 78
287.055, in which the estimated construction cost of each 79
individual project under the contract does not exceed $7.5 $4 80
million plus an annual percentage increase based on the Annual 81
Consumer Price Index compiled by the United St ates Department of 82
Labor, beginning with the Annual Consumer Price Index announced 83
by the United States Department of Labor for the year 2026 . For 84
purposes of this subsection, the term "continuing contract" 85
means a contract with a construction management o r program 86
management entity for work during a defined period on 87
construction projects described by type which may or may not be 88
identified at the time of entering into the contract. 89
Section 2. Subsections (10) and (11) of section 287.055, 90
Florida Statutes, are renumbered as subsections (11) and (12), 91
respectively, paragraph (g) of subsection (2) is amended, and a 92
new subsection (10) is added to that section, to read: 93
287.055 Acquisition of professional architectural, 94
engineering, landscape architectur al, or surveying and mapping 95
services; definitions; procedures; contingent fees prohibited; 96
penalties.— 97
(2) DEFINITIONS.—For purposes of this section: 98
(g) A "continuing contract" is a contract for professional 99
services entered into in accordance with a ll the procedures of 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
this act between an agency and a firm whereby the firm provides 101
professional services to the agency for projects in which the 102
estimated construction cost of each individual project under the 103
contract does not exceed $7.5 $4 million plus an annual 104
percentage increase based on the Annual Consumer Price Index 105
compiled by the United States Department of Labor, beginning 106
with the Annual Consumer Price Index announced by the United 107
States Department of Labor for the year 2026; , for study 108
activity if the fee for professional services for each 109
individual study under the contract does not exceed $500,000 ;, 110
or for work of a specified nature as outlined in the contract 111
required by the agency, with the contract being for a fixed term 112
or with no time limitation except that the contract must provide 113
a termination clause. Firms providing professional services 114
under continuing contracts shall not be required to bid against 115
one another. 116
(10) APPLICABILITY TO DEPARTMENT OF TRANSPORTATION. —117
Notwithstanding any other provision of this section to the 118
contrary, for a geotechnical and materials testing continuing 119
contract, the Department of Transportation must select at least 120
three qualified firms and award work under the contract to the 121
selected firms on a seq uential, rotating basis with the goal of 122
equally distributing the work amongst the selected firms, 123
provided such distribution is not detrimental to the interests 124
of the state. If a project is not awarded on a sequential, 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rotating basis, at the time the pro ject is awarded the 126
department shall certify in writing the reasons for awarding the 127
project out-of-sequence, publish the certification on the 128
department's website for at least 30 days, and provide a copy to 129
each of the selected firms under the contract. 130
Section 3. This act shall take effect July 1, 2024. 131