Florida Senate - 2024 SB 656 By Senator DiCeglie 18-00475A-24 2024656__ 1 A bill to be entitled 2 An act relating to continuing contracts; amending s. 3 255.103, F.S.; revising the maximum estimated 4 construction cost of construction projects for which a 5 governmental entity may enter into a continuing 6 contract; amending s. 287.055, F.S.; revising the 7 definition of the term continuing contract; 8 requiring the Department of Transportation, for 9 specified testing continuing contracts, to select a 10 certain number of qualified firms and assign such 11 testing in a specified manner; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Subsection (4) of section 255.103, Florida 17 Statutes, is amended, and subsections (2) and (3) of that 18 section are republished, to read: 19 255.103Construction management or program management 20 entities. 21 (2)A governmental entity may select a construction 22 management entity, pursuant to the process provided by s. 23 287.055, which is to be responsible for construction project 24 scheduling and coordination in both preconstruction and 25 construction phases and generally responsible for the 26 successful, timely, and economical completion of the 27 construction project. The construction management entity must 28 consist of or contract with licensed or registered professionals 29 for the specific fields or areas of construction to be 30 performed, as required by law. The construction management 31 entity may retain necessary design professionals selected under 32 the process provided in s. 287.055. At the option of the 33 governmental entity, the construction management entity, after 34 having been selected and after competitive negotiations, may be 35 required to offer a guaranteed maximum price and a guaranteed 36 completion date or a lump-sum price and a guaranteed completion 37 date, in which case, the construction management entity must 38 secure an appropriate surety bond pursuant to s. 255.05 and must 39 hold construction subcontracts. If a project, as defined in s. 40 287.055(2)(f), solicited by a governmental entity under the 41 process provided in s. 287.055 includes a grouping of 42 substantially similar construction, rehabilitation, or 43 renovation activities as permitted under s. 287.055(2)(f), the 44 governmental entity, after competitive negotiations, may require 45 the construction management entity to provide for a separate 46 guaranteed maximum price or a separate lump-sum price and a 47 separate guaranteed completion date for each grouping of 48 substantially similar construction, rehabilitation, or 49 renovation activities included within the project. 50 (3)A governmental entity may select a program management 51 entity, pursuant to the process provided by s. 287.055, which is 52 to be responsible for schedule control, cost control, and 53 coordination in providing or procuring planning, design, and 54 construction services. The program management entity must 55 consist of or contract with licensed or registered professionals 56 for the specific areas of design or construction to be performed 57 as required by law. The program management entity may retain 58 necessary design professionals selected under the process 59 provided in s. 287.055. At the option of the governmental 60 entity, the program management entity, after having been 61 selected and after competitive negotiations, may be required to 62 offer a guaranteed maximum price and a guaranteed completion 63 date or a lump-sum price and guaranteed completion date, in 64 which case the program management entity must secure an 65 appropriate surety bond pursuant to s. 255.05 and must hold 66 design and construction subcontracts. If a project, as defined 67 in s. 287.055(2)(f), solicited by a governmental entity under 68 the process provided in s. 287.055 includes a grouping of 69 substantially similar construction, rehabilitation, or 70 renovation activities as permitted under s. 287.055(2)(f), the 71 governmental entity, after competitive negotiations, may require 72 the program management entity to provide for a separate 73 guaranteed maximum price or a lump-sum price and a separate 74 guaranteed completion date for each grouping of substantially 75 similar construction, rehabilitation, or renovation activities 76 included within the project. 77 (4)A governmental entitys authority under subsections (2) 78 and (3) includes entering into a continuing contract for 79 construction projects, pursuant to the process provided in s. 80 287.055, in which the estimated construction cost of each 81 individual project under the contract does not exceed $10 $4 82 million. For purposes of this subsection, the term continuing 83 contract means a contract with a construction management or 84 program management entity for work during a defined period on 85 construction projects described by type which may or may not be 86 identified at the time of entering into the contract. 87 Section 2.Present subsections (10) and (11) of section 88 287.055, Florida Statutes, are redesignated as subsections (11) 89 and (12), respectively, a new subsection (10) is added to that 90 section, and paragraph (g) of subsection (2) of that section is 91 amended, to read: 92 287.055Acquisition of professional architectural, 93 engineering, landscape architectural, or surveying and mapping 94 services; definitions; procedures; contingent fees prohibited; 95 penalties. 96 (2)DEFINITIONS.For purposes of this section: 97 (g)A continuing contract is a contract for professional 98 services entered into in accordance with all the procedures of 99 this act between an agency and a firm whereby the firm provides 100 professional services to the agency for projects in which the 101 estimated construction cost of each individual project under the 102 contract does not exceed $10 $4 million plus an annual 103 percentage increase based on the Annual Consumer Price Index 104 compiled by the United States Department of Labor, beginning 105 with the Annual Consumer Price Index announced by the United 106 States Department of Labor for the year 2026;, for study 107 activity if the fee for professional services for each 108 individual study under the contract does not exceed $500,000;, 109 or for work of a specified nature as outlined in the contract 110 required by the agency, with the contract being for a fixed term 111 or with no time limitation except that the contract must provide 112 a termination clause. Firms providing professional services 113 under continuing contracts may shall not be required to bid 114 against one another. 115 (10)APPLICABILITY TO DEPARTMENT OF TRANSPORTATION. 116 Notwithstanding any other provision of this section, for a 117 geotechnical and materials testing continuing contract, the 118 Department of Transportation must select at least three, but no 119 more than five, qualified firms and assign such testing to the 120 selected firms on a rotating and equitable basis. 121 Section 3.This act shall take effect July 1, 2024.