reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.035 - Constitution Revision Commission; Powers of Chair; Assistance by State and Local Agencies.

286.035 Constitution Revision Commission; powers of chair; assistance by state and local agencies.—
(1) The chair of the Constitution Revision Commission, appointed pursuant to s. 2, Art. XI of the State Constitution, is authorized to employ personnel and to incur expenses related to the official operation of the commission or its committees, to sign vouchers, and to otherwise expend funds appropriated to the commission for carrying out its official duties.
(2) All state and local agencies are hereby authorized and directed to assist, in any manner necessary, the Constitution Revision Commission established pursuant to s. 2, Art. XI of the State Constitution upon its request or the request of its chair.
History.—s. 1, ch. 77-201; s. 211, ch. 95-148.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.036 - Taxation and Budget Reform Commission; Powers.

286.036 Taxation and Budget Reform Commission; powers.—
(1) The Taxation and Budget Reform Commission appointed pursuant to s. 6, Art. XI of the State Constitution, is authorized to employ personnel and to incur expenses related to the official operation of the commission or its committees, and to expend funds appropriated to the commission for carrying out its official duties. Commission members and staff are entitled to per diem and reimbursement of travel expenses incurred in carrying out their duties, as provided in s. 112.061.
(2) All state and regional agencies and governments are authorized and directed to assist, in any manner necessary, the Taxation and Budget Reform Commission upon its request.
(3) All local governments are authorized to assist the Taxation and Budget Reform Commission in any manner necessary. Municipal and county governments are encouraged to cooperate with the commission, examine their taxation and budgetary policies, and submit recommendations to the commission in the form and manner prescribed by the commission.
(4) Each Taxation and Budget Reform Commission established pursuant to s. 6, Art. XI of the State Constitution and this section may not act or operate later than June 30 of the third year following the year in which the commission is required to be established.
(5) The Taxation and Budget Reform Commission is assigned, for administrative purposes, to the legislative branch. The Office of Legislative Services is directed to expedite, where possible, the business of the commission consistent with prudent financial and management practices.
(6) The Legislative Auditing Committee may at any time, without regard to whether the Legislature is then in session or out of session, take under consideration any matter within the scope of the duties of the Taxation and Budget Reform Commission, and in connection therewith may exercise the powers of subpoena by law vested in a standing committee of the Legislature.
History.—s. 12, ch. 90-203; s. 6, ch. 2007-98.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.041 - Prohibited Requirements of Bidders on Contracts for Public Works Relative to Income Tax Returns.

286.041 Prohibited requirements of bidders on contracts for public works relative to income tax returns.—
(1) The state or any of its departments, agencies, bureaus, commissions, and officers and the counties, consolidated governments, municipalities, school districts, special districts, and other public bodies of this state, and the departments, agencies, bureaus, commissions, and officers thereof, shall not require, directly or indirectly, an audit or inspection of any federal or state income tax returns of any company, corporation, or person as a prior condition before entering into contracts with said company, corporation, or person to construct any public work or to supply any materials, labor, equipment or services, or any combination thereof.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, except that the fine shall not be less than $100.
History.—s. 1, ch. 72-130.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.043 - Limitation on Use of Funds for Discriminatory Contract or Bid Specifications Relating to Car Rental Concessions at Airports.

286.043 Limitation on use of funds for discriminatory contract or bid specifications relating to car rental concessions at airports.—No public funds shall be used by a unit of local government for the purpose of promulgating contract or bid specifications relating to car rental concessions at airports which would preclude a corporation authorized to do business in this state from submitting bids or entering into such contracts with such unit of local government. Nothing in this section shall prevent the local government from providing in such specifications a minimum annual guarantee of revenue to be paid to such unit of local government.
History.—s. 4, ch. 79-119.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.25 - Publication or Statement of State Sponsorship.

286.25 Publication or statement of state sponsorship.—Any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by   (name of organization)   and the State of Florida.” If the sponsorship reference is in written material, the words “State of Florida” shall appear in the same size letters or type as the name of the organization.
History.—s. 1, ch. 77-224.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.26 - Accessibility of Public Meetings to the Physically Handicapped.

286.26 Accessibility of public meetings to the physically handicapped.—
(1) Whenever any board or commission of any state agency or authority, or of any agency or authority of any county, municipal corporation, or other political subdivision, which has scheduled a meeting at which official acts are to be taken receives, at least 48 hours prior to the meeting, a written request by a physically handicapped person to attend the meeting, directed to the chairperson or director of such board, commission, agency, or authority, such chairperson or director shall provide a manner by which such person may attend the meeting at its scheduled site or reschedule the meeting to a site which would be accessible to such person.
(2) If an affected handicapped person objects in the written request, nothing contained in the provisions of this section shall be construed or interpreted to permit the use of human physical assistance to the physically handicapped in lieu of the construction or use of ramps or other mechanical devices in order to comply with the provisions of this section.
History.—s. 1, ch. 77-277; s. 1, ch. 79-170; s. 116, ch. 79-400; s. 1, ch. 81-268.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.27 - Use of State Funds for Greeting Cards Prohibited.

286.27 Use of state funds for greeting cards prohibited.—No state funds shall be expended for the purchase, preparation, printing, or mailing of any card the sole purpose of which is to convey holiday greetings.
History.—s. 1, ch. 92-21.
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.31 - Prohibited Use of State Funds; Travel to Another State for Purpose of Abortion Services.

1
286.31 Prohibited use of state funds; travel to another state for purpose of abortion services.—
(1) As used in this section, the term:
(a) “Educational institution” means public institutions under the control of a district school board, a charter school, a state university, a developmental research school, a Florida College System institution, the Florida School for the Deaf and the Blind, the Florida Virtual School, private school readiness programs, voluntary prekindergarten programs, private K-12 schools, and private colleges and universities.
(b) “Governmental entity” means the state or any political subdivision thereof, including the executive, legislative, and judicial branches of government; the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions; and any agencies that are subject to this chapter.
(2) Any person, governmental entity, or educational institution may not expend state funds as defined in s. 215.31 in any manner for a person to travel to another state to receive services that are intended to support an abortion as defined in s. 390.011, unless:
(a) The person, governmental entity, or educational institution is required by federal law to expend state funds for such a purpose; or
(b) There is a medical necessity for legitimate emergency medical procedures for termination of the pregnancy to save the pregnant woman’s life or to avert a serious risk of imminent substantial and irreversible physical impairment of a major bodily function of the pregnant woman other than a psychological condition.
History.—s. 2, ch. 2023-21.
1
Note.—Section 9, ch. 2023-21, provides that “[e]xcept as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect 30 days after any of the following occurs: a decision by the Florida Supreme Court holding that the right to privacy enshrined in s. 23, Article I of the State Constitution does not include a right to abortion; a decision by the Florida Supreme Court in Planned Parenthood v. State, SC2022-1050, that allows the prohibition on abortions after 15 weeks in s. 390.0111(1), Florida Statutes, to remain in effect, including a decision approving, in whole or in part, the First District Court of Appeal’s decision under review or a decision discharging jurisdiction; an amendment to the State Constitution clarifying that s. 23, Article I of the State Constitution does not include a right to abortion; or a decision from the Florida Supreme Court after March 7, 2023, receding, in whole or in part, from In re T.W., 551 So. 2d 1186 (Fla. 1989), North Fla. Women’s Health v. State, 866 So. 2d 612 (Fla. 2003), or Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017).”
2023 Florida Statutes › Title XIX - Public Business › Chapter 286 - Public Business: Miscellaneous Provisions › 286.311 - Prohibited Use of State Funds; Sex-Reassignment Prescriptions or Procedures.

286.311 Prohibited use of state funds; sex-reassignment prescriptions or procedures.—
(1) As used in this section, the term “governmental entity” means the state or any political subdivision thereof, including the executive, legislative, and judicial branches of government; the independent establishments of the state, counties, municipalities, districts, authorities, boards, or commissions; and any agencies that are subject to this chapter.
(2) A governmental entity, a public postsecondary educational institution as described in s. 1000.04, the state group health insurance program, a managing entity as defined in s. 394.9082, or a managed care plan providing services under part IV of chapter 409 may not expend state funds as described in s. 215.31 for sex-reassignment prescriptions or procedures as defined in s. 456.001.
History.—s. 3, ch. 2023-90.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.001 - Legislative intent.

287.001 Legislative intent.—The Legislature recognizes that fair and open competition is a basic tenet of public procurement; that such competition reduces the appearance and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically; and that documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which commodities and contractual services are procured. It is essential to the effective and ethical procurement of commodities and contractual services that there be a system of uniform procedures to be utilized by state agencies in managing and procuring commodities and contractual services; that detailed justification of agency decisions in the procurement of commodities and contractual services be maintained; and that adherence by the agency and the vendor to specific ethical considerations be required.
History.—s. 3, ch. 82-196; s. 10, ch. 90-268; s. 7, ch. 2002-207.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.017 - Purchasing categories, threshold amounts.

287.017 Purchasing categories, threshold amounts.—The following purchasing categories are hereby created:
(1) CATEGORY ONE: $20,000.
(2) CATEGORY TWO: $35,000.
(3) CATEGORY THREE: $65,000.
(4) CATEGORY FOUR: $195,000.
(5) CATEGORY FIVE: $325,000.
History.—ss. 5, 13, ch. 86-204; ss. 12, 34, ch. 90-268; s. 3, ch. 96-236; s. 17, ch. 98-65; s. 75, ch. 98-279; s. 43, ch. 99-399; s. 9, ch. 2002-207; s. 15, ch. 2010-151.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.022 - Purchase of insurance.

287.022 Purchase of insurance.—
(1) Insurance, while not a commodity, nevertheless shall be purchased for all agencies by the department, except that agencies may purchase title insurance for land acquisition and may make emergency purchases of insurance pursuant to s. 287.057(3)(a). The procedures for purchasing insurance, whether the purchase is made by the department or by the agencies, shall be the same as those set forth herein for the purchase of commodities.
(2) When an insurer or agent pays a commission or any portion thereof to any person, on insurance purchased under this part, such payment shall be reported to the department in writing and under oath within 30 days thereafter. Any failure to report as required herein shall subject the insurer or agent to the penalties provided in s. 624.15.
(3) The department and the Division of State Group Insurance shall not prohibit or limit any properly licensed insurer, health maintenance organization, prepaid limited health services organization, or insurance agent from competing for any insurance product or plan purchased, provided, or endorsed by the department or the division on the basis of the compensation arrangement used by the insurer or organization for its agents.
History.—s. 22, ch. 69-106; s. 1, ch. 89-232; s. 13, ch. 90-268; s. 76, ch. 98-279; s. 2, ch. 2001-192; s. 11, ch. 2001-278; s. 10, ch. 2002-207; s. 16, ch. 2010-151.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.032 - Purpose of department.

287.032 Purpose of department.—It shall be the purpose of the Department of Management Services:
(1) To promote efficiency, economy, and the conservation of energy and to effect coordination in the purchase of commodities and contractual services for the state.
(2) To provide uniform commodity and contractual service procurement policies, rules, procedures, and forms for use by agencies and eligible users.
(3) To procure and distribute federal surplus tangible personal property allocated to the state by the Federal Government.
History.—s. 22, ch. 69-106; s. 8, ch. 69-82; s. 1, ch. 76-29; s. 1, ch. 77-316; s. 2, ch. 80-374; s. 7, ch. 82-196; s. 248, ch. 92-279; s. 55, ch. 92-326; s. 77, ch. 98-279; s. 11, ch. 2002-207.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.056 - Purchases from purchasing agreements and state term contracts; vendor disqualification.

287.056 Purchases from purchasing agreements and state term contracts; vendor disqualification.—
(1) Agencies shall, and eligible users may, purchase commodities and contractual services from purchasing agreements established and state term contracts procured, pursuant to s. 287.057, by the department. Each agency agreement made under this subsection shall include:
(a) A provision specifying a scope of work that clearly establishes all tasks that the contractor is required to perform.
(b) A provision dividing the contract into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the contract manager before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable.
(2) Agencies and eligible users may use a request for quote to obtain written pricing or services information from a state term contract vendor for commodities or contractual services available on state term contract from that vendor. The purpose of a request for quote is to determine whether a price, term, or condition more favorable to the agency or eligible user than that provided in the state term contract is available. If an agency issues a request for quote for contractual services for any contract with 25 approved vendors or fewer, the agency must issue a request for quote to all vendors approved to provide such contractual services. For any contract with more than 25 approved vendors, the agency must issue a request for quote to at least 25 of the vendors approved to provide such contractual services. Use of a request for quote does not constitute a decision or intended decision that is subject to protest under s. 120.57(3).
(3) The department must enter into and maintain one or more state term contracts with benefits consulting companies.
(4) A firm or individual placed on the suspended vendor list pursuant to s. 287.1351 or placed on a disqualified vendor list pursuant to s. 287.133 or s. 287.134 is immediately disqualified from state term contract eligibility.
History.—s. 17, ch. 92-98; s. 109, ch. 92-142; s. 213, ch. 95-148; s. 30, ch. 95-196; s. 3, ch. 95-216; s. 5, ch. 96-236; s. 81, ch. 98-279; s. 14, ch. 2002-207; s. 18, ch. 2010-151; s. 4, ch. 2011-45; s. 8, ch. 2019-100; s. 3, ch. 2021-225.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.05701 - Prohibition against considering social, political, or ideological interests in government contracting.

287.05701 Prohibition against considering social, political, or ideological interests in government contracting.—
(1) As used in this section, the term “awarding body” means:
(a) For state contracts, an agency or the department.
(b) For local government contracts, the governing body of a county, a municipality, a special district, or any other political subdivision of the state.
(2)(a) An awarding body may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor.
(b) An awarding body may not give preference to a vendor based on the vendor’s social, political, or ideological interests.
(3) Beginning July 1, 2023, any solicitation for the procurement of commodities or contractual services by an awarding body must include a provision notifying vendors of the provisions of this section.
History.—s. 20, ch. 2023-28.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.05705 - Procurements of road, bridge, and other specified public construction services.

287.05705 Procurements of road, bridge, and other specified public construction services.—
(1) With respect to competitive solicitations for the procurement of contractual services that are limited to the classes of work for which the Department of Transportation issues certificates of qualification pursuant to s. 337.14, and which services do not involve the construction, remodeling, repair, or improvement of any building, a governmental entity procuring such services may not prohibit a response from a vendor possessing a valid certificate of qualification under s. 337.14 or license under chapter 489 corresponding to the contractual services being procured.
(2) This section applies to all competitive solicitations issued by a governmental entity on or after October 1, 2021.
History.—s. 2, ch. 2021-188.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0572 - Present-value methodology.

287.0572 Present-value methodology.—The cost of bids, proposals, or replies for state contracts that include provisions for unequal payment streams or unequal time payment periods shall be evaluated using present-value methodology. Each agency, as defined in s. 287.012(1), shall perform the evaluation using the present-value discount rate supplied by the department. The present-value discount rate shall be the rate for United States Treasury notes and bonds published in the Interest Rates: Money and Capital Markets section of the most recent copy of the Federal Reserve Bulletin published at the time of issuance of the request for proposals, the invitation to negotiate, or the invitation to bid.
History.—ss. 1, 2, ch. 85-122; s. 252, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 2002-207; s. 5, ch. 2019-5.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.05805 - Contract requirement for use of state funds to purchase or improve real property.

287.05805 Contract requirement for use of state funds to purchase or improve real property.—Each state agency shall include in its standard contract document a requirement that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law.
History.—s. 70, ch. 2000-367.
Note.—Former s. 253.85.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0582 - Contracts which require annual appropriation; contingency statement.

287.0582 Contracts which require annual appropriation; contingency statement.—No executive branch public officer or employee shall enter into any contract on behalf of the state, which contract binds the state or its executive agencies for the purchase of services or tangible personal property for a period in excess of 1 fiscal year, unless the following statement is included in the contract: “The State of Florida’s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.”
History.—s. 3, ch. 85-122.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0585 - Late payments by contractors to subcontractors and suppliers; penalty.

287.0585 Late payments by contractors to subcontractors and suppliers; penalty.—
(1) When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney’s fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section.
(2) This section shall not apply when the contract between the contractor and subcontractors or subvendors provides otherwise, or when payments under the contract are otherwise governed by ss. 255.0705-255.078.
History.—s. 5, ch. 85-104; s. 2, ch. 89-200; s. 9, ch. 91-162; s. 14, ch. 2005-230.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0591 - Information technology; vendor disqualification.

287.0591 Information technology; vendor disqualification.—
(1) Any competitive solicitation issued by the department for a state term contract for information technology commodities must include a term that does not exceed 48 months.
(2) Any competitive solicitation issued by the department for a state term contract for information technology consultant services or information technology staff augmentation contractual services must include a term that does not exceed 48 months.
(3) The department may execute a state term contract for information technology commodities, consultant services, or staff augmentation contractual services that exceeds the 48-month requirement if the Secretary of Management Services and the state chief information officer certify in writing to the Executive Office of the Governor that a longer contract term is in the best interest of the state.
(4) If the department issues a competitive solicitation for information technology commodities, consultant services, or staff augmentation contractual services, the Florida Digital Service within the department shall participate in such solicitations.
(5) If an agency issues a request for quote to purchase information technology commodities, information technology consultant services, or information technology staff augmentation contractual services from the state term contract, for any contract with 25 approved vendors or fewer, the agency must issue a request for quote to all vendors approved to provide such commodity or service. For any contract with more than 25 approved vendors, the agency must issue a request for quote to at least 25 of the vendors approved to provide such commodity or contractual service. Use of a request for quote does not constitute a decision or intended decision that is subject to protest under s. 120.57(3).
(6) Beginning October 1, 2021, and each October 1 thereafter, the department shall prequalify firms and individuals to provide information technology staff augmentation contractual services on state term contract. In order to prequalify a firm or individual for participation on the state term contract, the department must consider, at a minimum, the capability, experience, and past performance record of the firm or individual. A firm or individual removed from the source of supply pursuant to s. 287.042(1)(b) or placed on a disqualified vendor list pursuant to s. 287.133 or s. 287.134 is immediately disqualified from state term contract eligibility. Once a firm or individual has been prequalified to provide information technology staff augmentation contractual services on state term contract, the firm or individual may respond to requests for quotes from an agency to provide such services.
History.—s. 19, ch. 2014-221; s. 21, ch. 2019-118; s. 7, ch. 2020-161; s. 2, ch. 2021-227.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0595 - Pollution response action contracts; department rules.

287.0595 Pollution response action contracts; department rules.—
(1) The Department of Environmental Protection shall establish, by adopting administrative rules as provided in chapter 120:
(a) Procedures for determining the qualifications of responsible potential vendors prior to advertisement for and receipt of bids, proposals, or replies for pollution response action contracts, including procedures for the rejection of unqualified vendors. Response actions are those activities described in s. 376.301(39).
(b) Procedures for awarding such contracts to the lowest responsible and responsive vendor as well as procedures to be followed in cases in which the department declares a valid emergency to exist which would necessitate the waiver of the rules governing the awarding of such contracts to the lowest responsible and responsive vendor.
(c) Procedures governing payment of contracts.
(d) Procedures to govern negotiations for contracts, modifications to contract documents, and terms and conditions of contracts.
(2) In adopting rules under this section, the Department of Environmental Protection shall follow the criteria applicable to the department’s contracting to the maximum extent possible, consistent with the goals and purposes of ss. 376.307 and 376.3071.
(3) Any bid submitted under this section shall be confidential and exempt from the provisions of s. 119.07(1) until a selection is made and a contract signed or until bids are no longer under active consideration.
History.—s. 1, ch. 87-337; s. 9, ch. 87-374; s. 8, ch. 89-188; s. 2, ch. 89-377; s. 3, ch. 90-54; s. 103, ch. 90-360; s. 253, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 94-355; s. 114, ch. 94-356; s. 86, ch. 95-143; s. 18, ch. 96-263; s. 14, ch. 96-277; s. 14, ch. 96-321; s. 133, ch. 96-406; s. 15, ch. 98-189; s. 55, ch. 99-13; s. 19, ch. 2002-207; s. 3, ch. 2005-50; s. 1, ch. 2014-151; s. 16, ch. 2015-2; s. 88, ch. 2015-229; s. 6, ch. 2016-184.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0641 - Agreement not debt or pledge of faith or credit of state.

287.0641 Agreement not debt or pledge of faith or credit of state.—No agreement entered into pursuant to s. 287.064 shall establish a debt of the state or shall be a pledge of the faith and credit of the state; nor shall any agreement be a liability or obligation of the state except from appropriated funds. All agreements, however, may be automatically renewable at the end of each fiscal year, subject to sufficient annual appropriations.
History.—s. 28, ch. 85-349; s. 11, ch. 86-204.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0731 - Team for contract negotiations.

287.0731 Team for contract negotiations.—Contingent upon funding in the General Appropriations Act, the department shall establish a team that includes a chief negotiator to specialize in conducting negotiations for the procurement of information technology with an invitation to negotiate.
History.—s. 28, ch. 94-340; s. 5, ch. 2001-278; s. 21, ch. 2002-207.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.074 - Prohibited actions by contractor personnel.

287.074 Prohibited actions by contractor personnel.—
(1) Only a public officer or a public employee upon whom the public officer has delegated authority shall, consistent with law, take actions, including, but not limited to:
(a) Selecting state employees;
(b) Approving position descriptions, performance standards, or salary adjustments for state employees; and
(c) Hiring, promoting, disciplining, demoting, and dismissing a state employee.
(2) Only a public officer shall, consistent with law, commission and appoint state officers.
History.—s. 7, ch. 2006-224.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.075 - Materially interested contractor; prohibition on certain activities.

287.075 Materially interested contractor; prohibition on certain activities.—A contractor, as defined in this chapter, or its employees, agents, or subcontractors, may not knowingly participate, through decision, approval, disapproval, or preparation of any part of a purchase request, investigation, or audit, in the procurement of commodities or contractual services by a state agency from an entity in which the contractor, or its employees, agents, or subcontractors, has a material interest.
History.—s. 8, ch. 2006-224.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.076 - Project Management Professionals training for personnel involved in managing outsourcings and negotiations; funding.

287.076 Project Management Professionals training for personnel involved in managing outsourcings and negotiations; funding.—The department may implement a program to train state agency employees who are involved in managing outsourcings as Project Management Professionals, as certified by the Project Management Institute. Subject to annual appropriations, the department, in consultation with entities subject to this part, shall identify personnel to participate in this training based on requested need and ensure that each agency is represented. The department may remit payment for this training on behalf of all participating personnel.
History.—s. 11, ch. 2006-224; s. 10, ch. 2013-154.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.082 - Commodities manufactured, grown, or produced in state given preference.

287.082 Commodities manufactured, grown, or produced in state given preference.—Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference.
History.—s. 22, ch. 69-106; s. 22, ch. 90-268; s. 2, ch. 95-168.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0821 - All American and Genuine Florida meat or meat products.

287.0821 All American and Genuine Florida meat or meat products.—As allowed by the United States Department of Agriculture, each slaughterhouse or meatpacking or processing plant in the state or other person vending any meat or meat product, the meat of which is entirely produced in the United States, may label such meat or meat product “All American”, and any such vendor selling any such meat or meat product, the meat of which is entirely produced in the state, may label such meat or meat product “Genuine Florida.”
History.—s. 3, ch. 87-400; s. 65, ch. 90-321; s. 30, ch. 2000-308.
Note.—Former s. 585.3403; s. 585.92.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0822 - Beef and pork; prohibition on purchase; bid specifications; penalty.

287.0822 Beef and pork; prohibition on purchase; bid specifications; penalty.—
(1) Fresh or frozen beef or pork that has not been inspected by the United States Department of Agriculture or by another state’s inspection program which has been approved by the United States Department of Agriculture shall not be purchased, or caused to be purchased, by any agency of the state or of any municipality, political subdivision, school district, or special district for consumption in this state or for distribution for consumption in this state. Solicitations issued by any agency of the state or of any municipality, political subdivision, school district, or special district for the purchase of fresh or frozen beef or pork must specify that only beef or pork inspected and passed by either the United States Department of Agriculture or by another state’s inspection program which has been approved by the United States Department of Agriculture will be accepted. The supplier or vendor shall certify on the invoice that the fresh or frozen beef or pork or imported beef or pork supplied is either domestic or complies with this subsection.
(2) All solicitations for purchase of fresh or frozen meats of any kind by any agency of the state or of any municipality, political subdivision, school district, or special district using state or local funds shall include the words: “‘All American’ and ‘Genuine Florida’ meats or meat products shall be granted preference as allowed by Section 287.082, Florida Statutes.”
(3) Any person who knowingly violates or causes to be violated the provisions of this section shall be personally liable to the affected public agency for any funds spent in violation of the provisions of this section.
History.—s. 1, ch. 77-61; s. 1, ch. 78-71; s. 2, ch. 87-400; s. 62, ch. 90-321; s. 46, ch. 94-180; s. 3, ch. 95-168; s. 29, ch. 2000-308; s. 22, ch. 2002-207.
Note.—Former s. 585.3401; s. 585.89.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.083 - Purchase of commodities.

287.083 Purchase of commodities.—
(1) It shall be the policy of the state for the Department of Management Services to consider the life-cycle cost of commodities purchased by the state, when applicable and feasible as determined by the department.
(2) Definitions.—For the purpose of this section:
(a) “Major energy-consuming product” means any article so designated by the department.
(b) “Energy-efficiency standard” means a performance standard which prescribes the relationship of the energy use of a product to its useful output of services.
(3)(a) The department is authorized to establish by rule energy-efficiency standards for major energy-consuming products.
(b) When federal energy-efficiency standards exist, the department shall, when feasible, adopt standards at least as stringent as the federal standards.
(4) When energy-efficiency standards are established, life-cycle costs shall be used by the department in contracting for major energy-consuming products.
(5) In determining the life-cycle cost, the department may consider the acquisition cost of the product; the energy consumption and the projected cost of energy over the useful life of the product; and the anticipated trade-in, resale, or salvage value of the product.
History.—s. 2, ch. 77-316; s. 25, ch. 81-169; s. 85, ch. 98-279.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0831 - Limitation on purchases to replace damaged state agency equipment; assessment protocols.

287.0831 Limitation on purchases to replace damaged state agency equipment; assessment protocols.—
(1) It is the intent of the Legislature that purchases of new equipment, machinery, or inventory by any state agency as a result of damage from fire, smoke, water, or any other similar incident be limited to purchases that are absolutely necessary because the damaged equipment, machinery, or inventory is in irreparable condition.
(2) By January 1, 2012, each state agency shall develop and adopt assessment protocols for evaluating and determining whether equipment, machinery, or any other inventory must be repaired or restored before any request to purchase replacement equipment, machinery, or any other inventory is approved.
History.—s. 30, ch. 2011-64.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.0834 - Motor vehicles; energy-saving equipment and additives.

287.0834 Motor vehicles; energy-saving equipment and additives.—Each motor vehicle purchased by the state and each motor vehicle leased by the state for a period in excess of 1 year shall use devices, equipment, and additives that have been certified as energy-saving and approved for use by the United States Environmental Protection Agency and that have been determined to be cost-effective by the Department of Management Services.
History.—s. 1, ch. 82-68; s. 256, ch. 92-279; s. 55, ch. 92-326.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.084 - Preference to Florida businesses.

287.084 Preference to Florida businesses.—
(1)(a) When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5 percent.
(b) Paragraph (a) does not apply to transportation projects for which federal aid funds are available.
(c) As used in this section, the term “other political subdivision of this state” does not include counties or municipalities.
(2) A vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.
(3)(a) A vendor whose principal place of business is in this state may not be precluded from being an authorized reseller of information technology commodities of a state contractor as long as the vendor demonstrates that it employs an internationally recognized quality management system, such as ISO 9001 or its equivalent, and provides a warranty on the information technology commodities which is, at a minimum, of equal scope and length as that of the contract.
(b) This subsection applies to any renewal of any state contract executed on or after July 1, 2012.
History.—s. 1, ch. 77-460; s. 117, ch. 79-400; s. 215, ch. 95-148; s. 3, ch. 95-420; ss. 16, 53, ch. 99-228; s. 6, ch. 2000-340; s. 23, ch. 2002-207; s. 14, ch. 2012-32.
2023 Florida Statutes › Title XIX - Public Business › Chapter 287 - Procurement of Personal Property and Services › Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.138) › 287.087 - Preference to businesses with drug-free workplace programs.

287.087 Preference to businesses with drug-free workplace programs.—Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
(2) Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
(3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1).
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction.
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by, any employee who is so convicted.
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
History.—s. 23, ch. 90-268; s. 24, ch. 2002-207.