CS/HB 1489

1
A bill to be entitled
2An act relating to public project construction; amending
3s. 255.05, F.S.; providing additional requirements for
4payment and performance bonds; prohibiting conditioning
5certain bonds on performance of or payment for certain
6services; creating s. 255.103, F.S.; providing a
7definition; authorizing agencies to select construction-
8management or program-management entities to be
9responsible for certain construction project activities;
10providing requirements and authority for such entities;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (c) is added to subsection (1) of
16section 255.05, Florida Statutes, to read:
17     255.05  Bond of contractor constructing public buildings;
18form; action by materialmen.--
19     (1)
20     (c)1.  The amount of the bond shall equal the contract
21price, except, for a contract in excess of $250 million, if the
22state, county, municipality, political subdivision, or other
23public entity finds that a bond in the amount of the contract
24price is not reasonably available, the public owner shall set
25the amount of the bond at the largest amount reasonably
26available, but not at less than $250 million.
27     2.  For a construction-management or design-build contract,
28if the public owner does not include in the bond amount the cost
29of design or other nonconstruction services, the bond may not be
30conditioned on performance of such services or payment to
31persons furnishing such services. Notwithstanding paragraph (a),
32such a bond may exclude persons furnishing such services from
33the classes of persons protected by the bond.
34     Section 2.  Section 255.103, Florida Statutes, is created
35to read:
36     255.103  Construction-management or program-management
37entities.--
38     (1)  The term "agency" as used in this section means a
39county, municipality, special district as defined in chapter
40189, or other political subdivision of the state.
41     (2)  An agency may select a construction-management entity,
42pursuant to the process provided by s. 287.055, that would be
43responsible for all scheduling and coordination in both design
44and construction phases and would be generally responsible for
45the successful, timely, and economical completion of the
46construction project. The construction-management entity shall
47consist of or contract with licensed or registered professionals
48for the specific fields or areas of construction to be
49performed, as required by law. The construction-management
50entity may retain necessary design professionals selected under
51the process provided in s. 287.055. At the option of the agency,
52the construction-management entity, after being selected, may be
53required to offer a guaranteed maximum price or a guaranteed
54completion date, in which case, the construction-management
55entity shall secure an appropriate surety bond pursuant to s.
56255.05 and shall hold construction subcontracts. If a project,
57as defined in s. 287.055(2)(f), solicited by an agency under the
58process provided in s. 287.055 includes a grouping of
59substantially similar construction, rehabilitation, or
60renovation activities as permitted under s. 287.055(2)(f), the
61agency may require the construction-management entity to provide
62for a separate guaranteed maximum price and a separate
63guaranteed completion date for each grouping of substantially
64similar construction, rehabilitation, or renovation activities
65included under the project.
66     (3)  An agency may select a program-management entity,
67pursuant to the process provided by s. 287.055, that would act
68as the agent of the public agency and would be responsible for
69schedule control, cost control, and coordination in providing or
70procuring planning, design, and construction services. The
71program-management entity shall consist of or contract with
72licensed or registered professionals for the specific areas of
73design or construction to be performed, as required by law. The
74program-management entity may retain necessary design
75professionals selected under the process provided in s. 287.055.
76At the option of the agency, the program-management entity,
77after being selected, may be required to offer a guaranteed
78maximum price or a guaranteed completion date, in which case the
79program-management entity shall secure an appropriate surety
80bond pursuant to s. 255.05 and shall hold design and
81construction subcontracts. If a project, as defined in s.
82287.055(2)(f), solicited by an agency under the process provided
83in s. 287.055 includes a grouping of substantially similar
84construction, rehabilitation, or renovation activities as
85permitted under s. 287.055(2)(f), the agency may require the
86program-management entity to provide for a separate guaranteed
87maximum price and a separate guaranteed completion date for each
88grouping of substantially similar construction, rehabilitation,
89or renovation activities included under the project.
90     Section 3.  This act shall take effect July 1, 2007.


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