CS/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
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (4) of section 255.103, Florida 12
Statutes, is amended, and subsections (2) and (3) of that 13
section are republished, to read: 14
255.103 Construction management or program management 15
entities.— 16
(2) A governmental entity may select a construction 17
management entity, pursuant to the process provided by s. 18
287.055, which is to be responsible for construction project 19
scheduling and coordination in both preconstruction and 20
construction phases and generally responsible for the 21
successful, timely, and economi cal completion of the 22
construction project. The construction management entity must 23
consist of or contract with licensed or registered professionals 24
for the specific fields or areas of construction to be 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
performed, as required by law. The construction mana gement 26
entity may retain necessary design professionals selected under 27
the process provided in s. 287.055. At the option of the 28
governmental entity, the construction management entity, after 29
having been selected and after competitive negotiations, may be 30
required to offer a guaranteed maximum price and a guaranteed 31
completion date or a lump -sum price and a guaranteed completion 32
date, in which case, the construction management entity must 33
secure an appropriate surety bond pursuant to s. 255.05 and must 34
hold construction subcontracts. If a project, as defined in s. 35
287.055(2)(f), solicited by a governmental entity under the 36
process provided in s. 287.055 includes a grouping of 37
substantially similar construction, rehabilitation, or 38
renovation activities as perm itted under s. 287.055(2)(f), the 39
governmental entity, after competitive negotiations, may require 40
the construction management entity to provide for a separate 41
guaranteed maximum price or a separate lump -sum price and a 42
separate guaranteed completion date for each grouping of 43
substantially similar construction, rehabilitation, or 44
renovation activities included within the project. 45
(3) A governmental entity may select a program management 46
entity, pursuant to the process provided by s. 287.055, which is 47
to be responsible for schedule control, cost control, and 48
coordination in providing or procuring planning, design, and 49
construction services. The program management entity must 50
CS/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
consist of or contract with licensed or registered professionals 51
for the specific areas of design or construction to be performed 52
as required by law. The program management entity may retain 53
necessary design professionals selected under the process 54
provided in s. 287.055. At the option of the governmental 55
entity, the program management e ntity, after having been 56
selected and after competitive negotiations, may be required to 57
offer a guaranteed maximum price and a guaranteed completion 58
date or a lump-sum price and guaranteed completion date, in 59
which case the program management entity must secure an 60
appropriate surety bond pursuant to s. 255.05 and must hold 61
design and construction subcontracts. If a project, as defined 62
in s. 287.055(2)(f), solicited by a governmental entity under 63
the process provided in s. 287.055 includes a grouping of 64
substantially similar construction, rehabilitation, or 65
renovation activities as permitted under s. 287.055(2)(f), the 66
governmental entity, after competitive negotiations, may require 67
the program management entity to provide for a separate 68
guaranteed maximum p rice or a lump-sum price and a separate 69
guaranteed completion date for each grouping of substantially 70
similar construction, rehabilitation, or renovation activities 71
included within the project. 72
(4) A governmental entity's authority under subsections 73
(2) and (3) includes entering into a continuing contract for 74
construction projects, pursuant to the process provided in s. 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
287.055, in which the estimated construction cost of each 76
individual project under the contract does not exceed $7.5 $4 77
million plus an annual percentage increase based on the Annual 78
Consumer Price Index compiled by the United States Department of 79
Labor, beginning with the Annual Consumer Price Index announced 80
by the United States Department of Labor for the year 2026 . For 81
purposes of this subsection, the term "continuing contract" 82
means a contract with a construction management or program 83
management entity for work during a defined period on 84
construction projects described by type which may or may not be 85
identified at the time of entering i nto the contract. 86
Section 2. Paragraph (g) of subsection (2) of section 87
287.055, Florida Statutes, is amended to read: 88
287.055 Acquisition of professional architectural, 89
engineering, landscape architectural, or surveying and mapping 90
services; definitions; procedures; contingent fees prohibited; 91
penalties.— 92
(2) DEFINITIONS.—For purposes of this section: 93
(g) A "continuing contract" is a contract for professional 94
services entered into in accordance with all the procedures of 95
this act between an agenc y and a firm whereby the firm provides 96
professional services to the agency for projects in which the 97
estimated construction cost of each individual project under the 98
contract does not exceed $7.5 $4 million plus an annual 99
percentage increase based on the A nnual Consumer Price Index 100
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compiled by the United States Department of Labor, beginning 101
with the Annual Consumer Price Index announced by the United 102
States Department of Labor for the year 2026; , for study 103
activity if the fee for professional services for each 104
individual study under the contract does not exceed $500,000 ;, 105
or for work of a specified nature as outlined in the contract 106
required by the agency, with the contract being for a fixed term 107
or with no time limitation except that the contract must prov ide 108
a termination clause. Firms providing professional services 109
under continuing contracts shall not be required to bid against 110
one another. 111
Section 3. This act shall take effect July 1, 2024. 112