HB 7035

1	A bill to be entitled
2	An act relating to public construction; amending s.
3	170.01, F.S.; revising provisions relating to voting on
4	special assessments against property benefited; amending
5	s. 255.20, F.S.; permitting special districts to purchase
6	commodities and contractual services from the purchasing
7	agreements of other specified governmental entities in
8	certain circumstances; creating s. 255.32, F.S.; providing
9	definitions; authorizing the Department of Management
10	Services to select and contract with specified
11	construction management entities to assist in the
12	management of construction projects; providing that the
13	department's authority includes the right to enter into
14	certain continuing contracts; providing that a
15	construction management entity may be required to offer a
16	guaranteed maximum price and a guaranteed completion date
17	under specified circumstances; providing procedures and
18	requirements with respect thereto; requiring the
19	department to adopt rules; prohibiting a county,
20	municipality, or special district from owning or operating
21	an asphalt plant or a portable or stationary concrete
22	batch plant with an independent mixer, except under
23	specified circumstances; prohibiting specified sales of
24	plant-generated asphalt to private entities or local
25	governments; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsection (3) of section 170.01, Florida
30	Statutes, is amended to read:
31	170.01  Authority for providing improvements and levying
32	and collecting special assessments against property benefited.--
33	(3)  Any municipality, subject to the approval of a
34	majority of the affected property owners who actually vote in
35	the vote required by this section, may levy and collect special
36	assessments against property benefited for the purpose of
37	stabilizing and improving:
38	(a)  Retail business districts,
39	(b)  Wholesale business districts, or
40	(c)  Nationally recognized historic districts,
41
42	or any combination of such districts, through promotion,
43	management, marketing, and other similar services in such
44	districts of the municipality. This subsection does not
45	authorize a municipality to use bond proceeds to fund ongoing
46	operations of these districts. Any municipality may determine in
47	any resolution required by s. 170.03 to declare special
48	assessments that the vote of the affected property owners shall
49	be conducted by voting by tax folio numbers of affected
50	properties or by total square footage of the affected
51	properties.
52	Section 2.  Subsection (5) is added to section 255.20,
53	Florida Statutes, to read:
54	255.20  Local bids and contracts for public construction
55	works; specification of state-produced lumber; purchases by
56	special districts.--
57	(5)  Special districts may purchase commodities and
58	contractual services from the purchasing agreements of other
59	special districts, municipalities, or counties procured pursuant
60	to competitive bid, requests for proposals, requests for
61	qualifications, competitive selection, or competitive
62	negotiations, and otherwise in compliance with general law, if
63	the purchasing agreement of the other special district,
64	municipality, or county was procured by a process that would
65	have met the procurement requirements of the purchasing special
66	district. For the purpose of s. 282.104, special districts shall
67	be treated as municipalities.
68	Section 3.  Section 255.32, Florida Statutes, is created to
69	read:
70	255.32  State construction management contracting.--
71	(1)  For purposes of this section:
72	(a)  "Construction management entity" means a licensed
73	general contractor, as defined in s. 489.105(3)(a), or a
74	licensed building contractor, as defined in s. 489.105(3)(b),
75	who coordinates and supervises a construction project from the
76	conceptual development stage through final construction,
77	including the scheduling, selection, contracting with, and
78	directing of specialty trade contractors and the value
79	engineering of a project.
80	(b)  "Construction project" means any planned or unforeseen
81	fixed capital outlay activity authorized under s. 255.31. A
82	construction project may include:
83	1.  A grouping of minor construction, rehabilitation, or
84	renovation activities.
85	2.  A grouping of substantially similar construction,
86	rehabilitation, or renovation activities.
87	(c)  "Continuing contract" means a contract with a
88	construction management entity for work during a defined time
89	period on construction projects, described by type, that may or
90	may not be identified at the time the contract is entered into.
91	(d)  "Department" means the Department of Management
92	Services.
93	(2)  To assist in the management of construction projects,
94	the department is authorized to select and contract with
95	construction management entities:
96	(a)  That are competitively selected by the department
97	pursuant to the process provided in s. 287.055;
98	(b)  That agree to follow the advertising and competitive
99	bidding processes that the department would be required to
100	follow if the department was managing the construction project
101	directly; and
102	(c)  Under a contract separate from the design
103	professional, if any, assigned to the construction project.
104	(3)  The department's authority under subsection (2)
105	includes the right to enter into continuing contracts so long as
106	the continuing contract is not used for any construction project
107	having a total estimated cost exceeding $1 million.
108	(4)  At the option of the department, the construction
109	management entity, after having been selected for a construction
110	project and after competitive negotiations, may be required to
111	offer a guaranteed maximum price and a guaranteed completion
112	date. In such event, the construction management entity must
113	secure an appropriate surety bond pursuant to s. 255.05 and must
114	hold construction subcontracts. If a project solicited by the
115	department under the process provided in s. 287.055 includes a
116	grouping of minor construction, rehabilitation, or renovation
117	activities, or substantially similar construction,
118	rehabilitation, or renovation activities, the department may
119	require the construction management entity to provide for a
120	separate guaranteed maximum price and a separate guaranteed
121	completion date for each grouping included within the project.
122	(5)  The department shall adopt rules pursuant to chapter
123	120 for state agencies to utilize construction management
124	entities under contract with the department.
125	Section 4.  Notwithstanding any law to the contrary, a
126	county, municipality, or special district may not own or operate
127	an asphalt plant or a portable or stationary concrete batch
128	plant that has an independent mixer; however, this prohibition
129	does not apply to any county that owns or is under contract to
130	purchase an asphalt plant as of April 15, 2008, and that
131	furnishes its plant-generated asphalt solely for use by local
132	governments, or companies under contract with local governments,
133	for projects within the boundaries of such county. Sale of
134	plant-generated asphalt to private entities or local governments
135	outside the boundaries of such county is prohibited.
136	Section 5.  This act shall take effect upon becoming a law.

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