| 1 | A bill to be entitled |
| 2 | An act relating to public project construction; amending |
| 3 | s. 255.05, F.S.; providing additional requirements for |
| 4 | payment and performance bonds; prohibiting conditioning |
| 5 | certain bonds on performance of or payment for certain |
| 6 | services; creating s. 255.103, F.S.; providing a |
| 7 | definition; authorizing agencies to select construction- |
| 8 | management or program-management entities to be |
| 9 | responsible for certain construction project activities; |
| 10 | providing requirements and authority for such entities; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Paragraph (c) is added to subsection (1) of |
| 16 | section 255.05, Florida Statutes, to read: |
| 17 | 255.05 Bond of contractor constructing public buildings; |
| 18 | form; action by materialmen.-- |
| 19 | (1) |
| 20 | (c)1. The amount of the bond shall equal the contract |
| 21 | price, except, for a contract in excess of $250 million, if the |
| 22 | state, county, municipality, political subdivision, or other |
| 23 | public entity finds that a bond in the amount of the contract |
| 24 | price is not reasonably available, the public owner shall set |
| 25 | the amount of the bond at the largest amount reasonably |
| 26 | available, but not at less than $250 million. |
| 27 | 2. For a construction-management or design-build contract, |
| 28 | if the public owner does not include in the bond amount the cost |
| 29 | of design or other nonconstruction services, the bond may not be |
| 30 | conditioned on performance of such services or payment to |
| 31 | persons furnishing such services. Notwithstanding paragraph (a), |
| 32 | such a bond may exclude persons furnishing such services from |
| 33 | the classes of persons protected by the bond. |
| 34 | Section 2. Section 255.103, Florida Statutes, is created |
| 35 | to read: |
| 36 | 255.103 Construction-management or program-management |
| 37 | entities.-- |
| 38 | (1) The term "agency" as used in this section means a |
| 39 | county, municipality, special district as defined in chapter |
| 40 | 189, or other political subdivision of the state. |
| 41 | (2) An agency may select a construction-management entity, |
| 42 | pursuant to the process provided by s. 287.055, that would be |
| 43 | responsible for all scheduling and coordination in both design |
| 44 | and construction phases and would be generally responsible for |
| 45 | the successful, timely, and economical completion of the |
| 46 | construction project. The construction-management entity shall |
| 47 | consist of or contract with licensed or registered professionals |
| 48 | for the specific fields or areas of construction to be |
| 49 | performed, as required by law. The construction-management |
| 50 | entity may retain necessary design professionals selected under |
| 51 | the process provided in s. 287.055. At the option of the agency, |
| 52 | the construction-management entity, after being selected, may be |
| 53 | required to offer a guaranteed maximum price or a guaranteed |
| 54 | completion date, in which case, the construction-management |
| 55 | entity shall secure an appropriate surety bond pursuant to s. |
| 56 | 255.05 and shall hold construction subcontracts. If a project, |
| 57 | as defined in s. 287.055(2)(f), solicited by an agency under the |
| 58 | process provided in s. 287.055 includes a grouping of |
| 59 | substantially similar construction, rehabilitation, or |
| 60 | renovation activities as permitted under s. 287.055(2)(f), the |
| 61 | agency may require the construction-management entity to provide |
| 62 | for a separate guaranteed maximum price and a separate |
| 63 | guaranteed completion date for each grouping of substantially |
| 64 | similar construction, rehabilitation, or renovation activities |
| 65 | included under the project. |
| 66 | (3) An agency may select a program-management entity, |
| 67 | pursuant to the process provided by s. 287.055, that would act |
| 68 | as the agent of the public agency and would be responsible for |
| 69 | schedule control, cost control, and coordination in providing or |
| 70 | procuring planning, design, and construction services. The |
| 71 | program-management entity shall consist of or contract with |
| 72 | licensed or registered professionals for the specific areas of |
| 73 | design or construction to be performed, as required by law. The |
| 74 | program-management entity may retain necessary design |
| 75 | professionals selected under the process provided in s. 287.055. |
| 76 | At the option of the agency, the program-management entity, |
| 77 | after being selected, may be required to offer a guaranteed |
| 78 | maximum price or a guaranteed completion date, in which case the |
| 79 | program-management entity shall secure an appropriate surety |
| 80 | bond pursuant to s. 255.05 and shall hold design and |
| 81 | construction subcontracts. If a project, as defined in s. |
| 82 | 287.055(2)(f), solicited by an agency under the process provided |
| 83 | in s. 287.055 includes a grouping of substantially similar |
| 84 | construction, rehabilitation, or renovation activities as |
| 85 | permitted under s. 287.055(2)(f), the agency may require the |
| 86 | program-management entity to provide for a separate guaranteed |
| 87 | maximum price and a separate guaranteed completion date for each |
| 88 | grouping of substantially similar construction, rehabilitation, |
| 89 | or renovation activities included under the project. |
| 90 | Section 3. This act shall take effect July 1, 2007. |