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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; requiring the Department of Management 6
Services, beginning on a specified date and annually 7
thereafter, to adjust the maximum amount allowed under 8
specified contracts using a specified index and 9
publish the adjusted amount on the department's 10
website; amending s. 287.055, F.S.; revising the 11
definition of the term "continuing contract" to 12
increase the maximum dollar value of such contract and 13
to require the department, beginning on a specified 14
date and annually thereafter, to adjust the maximum 15
amount allowed under such contracts using a specified 16
index and publish the adjusted amount on the 17
department's website; providing an effective date. 18
19
Be It Enacted by the Legislature of the State of Florida : 20
21
Section 1. Subsection (4) of section 255.103, Florida 22
Statutes, is amended, and subsections (2) and (3) of that 23
section are republished, to read: 24
255.103 Construction management or program management 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
entities.— 26
(2) A governmental entity may sele ct a construction 27
management entity, pursuant to the process provided by s. 28
287.055, which is to be responsible for construction project 29
scheduling and coordination in both preconstruction and 30
construction phases and generally responsible for the 31
successful, timely, and economical completion of the 32
construction project. The construction management entity must 33
consist of or contract with licensed or registered professionals 34
for the specific fields or areas of construction to be 35
performed, as required by law. The construction management 36
entity may retain necessary design professionals selected under 37
the process provided in s. 287.055. At the option of the 38
governmental entity, the construction management entity, after 39
having been selected and after competitive negotiations, may be 40
required to offer a guaranteed maximum price and a guaranteed 41
completion date or a lump -sum price and a guaranteed completion 42
date, in which case, the construction management entity must 43
secure an appropriate surety bond pursuant to s. 255.05 and must 44
hold construction subcontracts. If a project, as defined in s. 45
287.055(2)(f), solicited by a governmental entity under the 46
process provided in s. 287.055 includes a grouping of 47
substantially similar construction, rehabilitation, or 48
renovation activities as permitted under s. 287.055(2)(f), the 49
governmental entity, after competitive negotiations, may require 50
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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
the construction management entity to provide for a separate 51
guaranteed maximum price or a separate lump -sum price and a 52
separate guaranteed completion date for each grouping of 53
substantially similar construction, rehabilitation, or 54
renovation activities included within the project. 55
(3) A governmental entity may select a program management 56
entity, pursuant to the process provided by s. 287.055, which is 57
to be responsible for schedule control, cost control, and 58
coordination in providing or procuring planning, design, and 59
construction services. The program management entity must 60
consist of or contract with licensed or registered profession als 61
for the specific areas of design or construction to be performed 62
as required by law. The program management entity may retain 63
necessary design professionals selected under the process 64
provided in s. 287.055. At the option of the governmental 65
entity, the program management entity, after having been 66
selected and after competitive negotiations, may be required to 67
offer a guaranteed maximum price and a guaranteed completion 68
date or a lump-sum price and guaranteed completion date, in 69
which case the program m anagement entity must secure an 70
appropriate surety bond pursuant to s. 255.05 and must hold 71
design and construction subcontracts. If a project, as defined 72
in s. 287.055(2)(f), solicited by a governmental entity under 73
the process provided in s. 287.055 incl udes a grouping of 74
substantially similar construction, rehabilitation, or 75
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renovation activities as permitted under s. 287.055(2)(f), the 76
governmental entity, after competitive negotiations, may require 77
the program management entity to provide for a separat e 78
guaranteed maximum price or a lump -sum price and a separate 79
guaranteed completion date for each grouping of substantially 80
similar construction, rehabilitation, or renovation activities 81
included within the project. 82
(4) A governmental entity's authority under subsections 83
(2) and (3) includes entering into a continuing contract for 84
construction projects, pursuant to the process provided in s. 85
287.055, in which the estimated construction cost of each 86
individual project under the contract does not exceed $7.5 $4 87
million. Beginning July 1, 2025, and each July 1 thereafter, the 88
Department of Management Services shall adjust the maximum 89
amount allowed on the preceding June 30 for each individual 90
project in a continuing contract by using the change in the 91
June-to-June Consumer Price Index for All Urban Consumers issued 92
by the Bureau of Labor Statistics of the United States 93
Department of Labor. The Department of Management Services shall 94
publish the adjusted amount on its website. For purposes of this 95
subsection, the term "continuing contract" means a contract with 96
a construction management or program management entity for work 97
during a defined period on construction projects described by 98
type which may or may not be identified at the time of entering 99
into the contract. 100
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Section 2. Paragraph (g) of subsection (2) of section 101
287.055, Florida Statutes, is amended to read: 102
287.055 Acquisition of professional architectural, 103
engineering, landscape architectural, or surveying and mapping 104
services; definitions; procedu res; contingent fees prohibited; 105
penalties.— 106
(2) DEFINITIONS.—For purposes of this section: 107
(g)1. A "continuing contract" is a contract for any of the 108
following: 109
a. Professional services entered into in accordance with 110
all the procedures of this act between an agency and a firm 111
whereby the firm provides professional services to the agency 112
for projects in which the estimated construction cost of each 113
individual project under the contract does not exceed $7.5 $4 114
million. Beginning July 1, 2025, and each July 1 thereafter, the 115
department shall adjust the maximum amount allowed on the 116
preceding June 30 for each individual project in a continuing 117
contract by using the change in the June -to-June Consumer Price 118
Index for All Urban Consumers issued by the Bure au of Labor 119
Statistics of the United States Department of Labor. The 120
department shall publish the adjusted amount on its website; , 121
b. for Study activity if the fee for professional services 122
for each individual study under the contract does not exceed 123
$500,000;, or 124
c. for Work of a specified nature as outlined in the 125
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contract required by the agency, with the contract being for a 126
fixed term or with no time limitation except that the contract 127
must provide a termination clause. 128
2. Firms providing professional services under continuing 129
contracts may shall not be required to bid against one another. 130
Section 3. This act shall take effect July 1, 2024. 131