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A bill to be entitled

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An act relating to state construction management

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contracting; creating s. 255.32, F.S.; defining terms;

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authorizing the Department of Management Services to

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select and contract with construction management entities

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to assist in the management of state construction

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projects; providing criteria; authorizing the department

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to enter into continuing contracts under certain

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circumstances; providing that a construction management

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entity may be required to offer a guaranteed maximum price

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and a guaranteed completion date under specified

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circumstances and secure a surety bond; authorizing the

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department to adopt rules; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 255.32, Florida Statutes, is created to

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read:

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     255.32 State construction management contracting.--

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     (1) For purposes of this section, the term:

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     (a) "Construction management entity" means a licensed

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general contractor or a licensed building contractor, as defined

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in s. 489.105(3), who coordinates and supervises a construction

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project from the conceptual development stage through final

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construction, including the scheduling, selection, contracting

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with, and directing of specialty trade contractors and the value

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engineering of a project.

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     (b) "Construction project" means any planned or unforeseen

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fixed capital outlay activity authorized under s. 255.31. A

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construction project may include:

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     1. A grouping of minor construction, rehabilitation, or

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renovation activities.

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     2. A grouping of substantially similar construction,

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rehabilitation, or renovation activities.

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     (c) "Continuing contract" means a contract with a

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construction management entity for work during a defined time

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period on construction projects, described by type, which may or

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may not be identified at the time the contract is entered into.

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     (d) "Department" means the Department of Management

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Services.

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     (2) To assist in the management of state construction

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projects, the department may select and contract with

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construction management entities that:

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     (a) Are competitively selected by the department pursuant

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to s. 287.055;

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     (b) Agree to follow the advertising and competitive bidding

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procedures that the department would be required to follow if the

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department was managing the construction project directly; and

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     (c) Are under a contract that is separate from the design

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criteria professional contract, if any, assigned to the

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construction project.

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     (3) The department's authority under subsection (2)

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includes entering into continuing contracts for construction

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projects whose total estimated cost do not exceed $1 million.

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     (4) The department may require the construction management

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entity, after having been selected for a construction project and

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after competitive negotiations, to offer a guaranteed maximum

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price and a guaranteed completion date. If so required, the

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construction management entity must secure an appropriate surety

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bond pursuant to s. 255.05 and must hold construction

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subcontracts. If a project solicited by the department pursuant

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to s. 287.055 includes a grouping of construction,

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rehabilitation, or renovation activities or substantially similar

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construction, rehabilitation, or renovation activities costing up

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to $1 million, the department may require the construction

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management entity to provide for a separate guaranteed maximum

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price and a separate guaranteed completion date for each grouping

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included in the project.

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     (5) The department shall adopt rules for state agencies

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using the services of construction management entities under

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contract with the department.

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     Section 2.  This act shall take effect July 1, 2008.