HB 1459

1	A bill to be entitled
2	An act relating to state construction management
3	contracting; creating s. 255.32, F.S.; defining terms;
4	authorizing the Department of Management Services to
5	select and contract with construction management entities
6	to assist in the management of state construction
7	projects; providing criteria; authorizing the department
8	to enter into continuing contracts under certain
9	circumstances; providing that a construction management
10	entity may be required to offer a guaranteed maximum price
11	and a guaranteed completion date under specified
12	circumstances and secure a surety bond; authorizing the
13	department to adopt rules; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 255.32, Florida Statutes, is created to
18	read:
19	255.32  State construction management contracting.--
20	(1)  As used in this section, the term:
21	(a)  "Construction management entity" means a licensed
22	general contractor or a licensed building contractor, as defined
23	in s. 489.105(3), who coordinates and supervises a construction
24	project from the conceptual development stage through final
25	construction, including the scheduling, selection, contracting
26	with, and directing of specialty trade contractors and the value
27	engineering of a project.
28	(b)  "Construction project" means any planned or unforeseen
29	fixed capital outlay activity authorized under s. 255.31. A
30	construction project may include:
31	1.  A grouping of minor construction, rehabilitation, or
32	renovation activities.
33	2.  A grouping of substantially similar construction,
34	rehabilitation, or renovation activities.
35	(c)  "Continuing contract" means a contract with a
36	construction management entity for work during a defined time
37	period on construction projects, described by type, which may or
38	may not be identified at the time the contract is entered into.
39	(d)  "Department" means the Department of Management
40	Services.
41	(2)  To assist in the management of state construction
42	projects, the department may select and contract with
43	construction management entities that:
44	(a)  Are competitively selected by the department pursuant
45	to s. 287.055;
46	(b)  Agree to follow the advertising and competitive
47	bidding procedures that the department would be required to
48	follow if the department was managing the construction project
49	directly; and
50	(c)  Are under a contract that is separate from the design
51	criteria professional contract, if any, assigned to the
52	construction project.
53	(3)  The department's authority under subsection (2)
54	includes entering into continuing contracts for construction
55	projects the total estimated cost of which does not exceed $1
56	million.
57	(4)  The department may require the construction management
58	entity, after having been selected for a construction project
59	and after competitive negotiations, to offer a guaranteed
60	maximum price and a guaranteed completion date. If so required,
61	the construction management entity must secure an appropriate
62	surety bond pursuant to s. 255.05 and must hold construction
63	subcontracts. If a project solicited by the department pursuant
64	to s. 287.055 includes a grouping of construction,
65	rehabilitation, or renovation activities or substantially
66	similar construction, rehabilitation, or renovation activities
67	costing up to $1 million, the department may require the
68	construction management entity to provide for a separate
69	guaranteed maximum price and a separate guaranteed completion
70	date for each grouping included in the project.
71	(5)  The department shall adopt rules for state agencies
72	using the services of construction management entities under
73	contract with the department.
74	Section 2.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.