Florida Senate - 2020                                     SB 506
       By Senator Perry
       8-00685-20                                             2020506__
    1                        A bill to be entitled                      
    2         An act relating to the public procurement of services;
    3         amending s. 255.103, F.S.; revising the maximum dollar
    4         amount for continuing contracts for construction
    5         projects; amending s. 287.055, F.S.; redefining the
    6         term “continuing contract” to increase certain maximum
    7         dollar amounts for professional architectural,
    8         engineering, landscape architectural, and surveying
    9         and mapping services; requiring the Department of
   10         Management Services to annually adjust by rule the
   11         statutory caps for continuing contracts; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Subsection (4) of section 255.103, Florida
   17  Statutes, is amended to read:
   18         255.103 Construction management or program management
   19  entities.—
   20         (4) A governmental entity’s authority under subsections (2)
   21  and (3) includes entering into a continuing contract for
   22  construction projects, pursuant to the process provided in s.
   23  287.055, in which the estimated construction cost of each
   24  individual project under the contract does not exceed $5
   25  million, or the dollar amount as adjusted pursuant to s.
   26  287.055(7)(b) $2 million. For purposes of this subsection, the
   27  term “continuing contract” means a contract with a construction
   28  management or program management entity for work during a
   29  defined period on construction projects described by type which
   30  may or may not be identified at the time of entering into the
   31  contract.
   32         Section 2. Paragraph (g) of subsection (2) and subsection
   33  (7) of section 287.055, Florida Statutes, are amended to read:
   34         287.055 Acquisition of professional architectural,
   35  engineering, landscape architectural, or surveying and mapping
   36  services; definitions; procedures; contingent fees prohibited;
   37  penalties.—
   38         (2) DEFINITIONS.—For purposes of this section:
   39         (g) A “continuing contract” is a contract for professional
   40  services entered into in accordance with all the procedures of
   41  this act between an agency and a firm whereby the firm provides
   42  professional services to the agency for projects in which the
   43  estimated construction cost of each individual project under the
   44  contract does not exceed $5 million, or the dollar amount as
   45  adjusted pursuant to paragraph (7)(b); $2 million, for study
   46  activity if the fee for professional services for each
   47  individual study under the contract does not exceed $500,000, or
   48  the dollar amount as adjusted pursuant to paragraph (7)(b);
   49  $200,000, or for work of a specified nature as outlined in the
   50  contract required by the agency, with the contract being for a
   51  fixed term or with no time limitation except that the contract
   52  must provide a termination clause. Firms providing professional
   53  services under continuing contracts are shall not be required to
   54  bid against one another.
   56  SERVICES.—
   57         (a) Notwithstanding any other provision of this section,
   58  the Department of Management Services shall be the agency of
   59  state government which is solely and exclusively authorized and
   60  empowered to administer and perform the functions described in
   61  subsections (3), (4), and (5) respecting all projects for which
   62  the funds necessary to complete same are appropriated to the
   63  Department of Management Services, irrespective of whether such
   64  projects are intended for the use and benefit of the Department
   65  of Management Services or any other agency of government.
   66  However, nothing herein shall be construed to be in derogation
   67  of any authority conferred on the Department of Management
   68  Services by other express provisions of law. Additionally, any
   69  agency of government may, with the approval of the Department of
   70  Management Services, delegate to the Department of Management
   71  Services authority to administer and perform the functions
   72  described in subsections (3), (4), and (5). Under the terms of
   73  the delegation, the agency may reserve its right to accept or
   74  reject a proposed contract.
   75         (b) The Department of Management Services shall by rule
   76  adjust the statutory maximum dollar amounts for continuing
   77  contracts established under paragraph (2)(g) and s. 255.103(4)
   78  based on the Engineering News-Record’s Construction Cost Index.
   79  The adjustment shall be made July 1 of each year, beginning in
   80  2021, using the most recent month for which data are available
   81  at the time of the adjustment.
   82         Section 3. This act shall take effect July 1, 2020.