| 1 | Representative Attkisson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 52-76 and insert: |
| 5 | (c) Under a contract separate from the design |
| 6 | professional, if any, assigned to the construction project. |
| 7 | (3) The department's authority under subsection (2) |
| 8 | includes the right to enter into continuing contracts so long as |
| 9 | the continuing contract is not used for any construction project |
| 10 | having a total estimated cost exceeding $1 million. |
| 11 | (4) At the option of the department, the construction |
| 12 | management entity, after having been selected for a construction |
| 13 | project and after competitive negotiations, may be required to |
| 14 | offer a guaranteed maximum price and a guaranteed completion |
| 15 | date. In such event, the construction management entity must |
| 16 | secure an appropriate surety bond pursuant to s. 255.05 and must |
| 17 | hold construction subcontracts. If a project solicited by the |
| 18 | department under the process provided in s. 287.055 includes a |
| 19 | grouping of minor construction, rehabilitation, or renovation |
| 20 | activities, or substantially similar construction, |
| 21 | rehabilitation, or renovation activities, the department may |
| 22 | require the construction management entity to provide for a |
| 23 | separate guaranteed maximum price and a separate guaranteed |
| 24 | completion date for each grouping included within the project. |
| 25 | (5) The department shall adopt rules pursuant to chapter |
| 26 | 120 for state agencies to utilize construction management |
| 27 | entities under contract with the department. |
| 28 | Section 2. Notwithstanding any law to the contrary, a |
| 29 | county, municipality, or special district may not own or operate |
| 30 | an asphalt plant or a portable or stationary concrete batch |
| 31 | plant that has an independent mixer; however, this prohibition |
| 32 | does not apply to any county that owns or is under contract to |
| 33 | purchase an asphalt plant as of April 15, 2008, and that |
| 34 | furnishes its plant-generated asphalt solely for use by local |
| 35 | governments, or companies under contract with local governments, |
| 36 | for projects within the boundaries of such county. Sale of |
| 37 | plant-generated asphalt to private entities or local governments |
| 38 | outside the boundaries of such county is prohibited. |
| 39 | Section 3. This act shall take effect upon becoming a law. |
| 40 |
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| 41 | ----------------------------------------------------- |
| 42 | T I T L E A M E N D M E N T |
| 43 | Remove lines 2-14 and insert: |
| 44 | An act relating to public construction; creating s. |
| 45 | 255.32, F.S.; providing definitions; authorizing the |
| 46 | Department of Management Services to select and contract |
| 47 | with specified construction management entities to assist |
| 48 | in the management of construction projects; providing that |
| 49 | the department's authority includes the right to enter |
| 50 | into certain continuing contracts; providing that a |
| 51 | construction management entity may be required to offer a |
| 52 | guaranteed maximum price and a guaranteed completion date |
| 53 | under specified circumstances; providing procedures and |
| 54 | requirements with respect thereto; requiring the |
| 55 | department to adopt rules; prohibiting a county, |
| 56 | municipality, or special district from owning or operating |
| 57 | an asphalt plant or a portable or stationary concrete |
| 58 | batch plant with an independent mixer, except under |
| 59 | specified circumstances; prohibiting specified sales of |
| 60 | plant-generated asphalt to private entities or local |
| 61 | governments; providing an effective date. |