Florida Statutes Part I - Commodities, Insurance, And Contractual Services (Ss. 287.001-287.136)

• 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...
• 287.012 - Definitions.
  As used in this part, the term:(1) “Agency” means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit...
• 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....
• 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...
• 287.025 - Prohibition Against Certain Insurance Coverage On Specified State Property Or Insurable Subjects.
  (1) No primary contract of insurance shall be purchased on insurable subjects or property titled in the name of the state or its departments, divisions, bureaus,...
• 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...
• 287.042 - Powers, Duties, And Functions.
  The department shall have the following powers, duties, and functions:(1)(a) To canvass all sources of supply and contract for the purchase, lease, or acquisition, including purchase...
• 287.055 - Acquisition Of Professional Architectural, Engineering, Landscape Architectural, Or Surveying And Mapping Services; Definitions; Procedures; Contingent Fees Prohibited; Penalties.
  (1) SHORT TITLE.—This section shall be known as the “Consultants’ Competitive Negotiation Act.”(2) DEFINITIONS.—For purposes of this section:(a) “Professional services” means those services within the scope of the...
• 287.056 - Purchases From Purchasing Agreements And State Term Contracts.
  (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...
• 287.057 - Procurement Of Commodities Or Contractual Services.
  (1) The competitive solicitation processes authorized in this section shall be used for procurement of commodities or contractual services in excess of the threshold amount provided...
• 287.0571 - Business Case To Outsource; Applicability.
  (1) It is the intent of the Legislature that each state agency focus on its core mission and deliver services effectively and efficiently by leveraging resources...
• 287.05712 - Public-private Partnerships.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Affected local jurisdiction” means a county, municipality, or special district in which all or a portion of a qualifying...
• 287.0572 - Present-value Methodology.
  (1) 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...
• 287.0575 - Coordination Of Contracted Services.
  The following duties and responsibilities of the Department of Children and Families, the Agency for Persons with Disabilities, the Department of Health, the Department of...
• 287.058 - Contract Document.
  (1) Every procurement of contractual services in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO, except for the providing of health and...
• 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...
• 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...
• 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...
• 287.059 - Private Attorney Services.
  (1) For purposes of this section, the term “agency” or “state agency” includes state officers, departments, boards, commissions, divisions, bureaus, councils, and units of organization, however...
• 287.0591 - Information Technology.
  (1) Beginning July 1, 2014, any competitive solicitation issued by the department for a state term contract for information technology commodities must include a term that...
• 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...
• 287.063 - Deferred-payment Commodity Contracts; Preaudit Review.
  (1)(a) When any commodity contract requires deferred payments and the payment of interest, such contract shall be submitted to the Chief Financial Officer for the purpose...
• 287.064 - Consolidated Financing Of Deferred-payment Purchases.
  (1) The Division of Bond Finance of the State Board of Administration and the Chief Financial Officer shall plan and coordinate deferred-payment purchases made by or...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 287.092 - Preference To Certain Foreign Manufacturers.
  Any foreign manufacturing company with a factory in the state and employing over 200 employees working in the state shall have preference over any other...
• 287.093 - Minority Business Enterprises; Procurement Of Personal Property And Services From Funds Set Aside For Such Purpose.
  Any county, municipality, community college, or district school board may set aside up to 10 percent or more of the total amount of funds allocated...
• 287.0931 - Minority Business Enterprises; Participation In Bond Underwriting.
  (1) Any state or local government agency, or political subdivision thereof, issuing bonds or other tax-exempt obligations through one or more underwriters is encouraged to offer...
• 287.0935 - Surety Bond Insurers.
  When the contract amount of a project does not exceed $500,000 and when public funds are utilized for the project, a person, the state, or...
• 287.094 - Minority Business Enterprise Programs; Penalty For Discrimination And False Representation.
  (1) It is unlawful for any individual to falsely claim to be a minority business enterprise for purposes of qualifying for certification with any governmental certifying...
• 287.0943 - Certification Of Minority Business Enterprises.
  (1) A business certified by any local governmental jurisdiction or organization shall be accepted by the Department of Management Services, Office of Supplier Diversity, as a...
• 287.09431 - Statewide And Interlocal Agreement On Certification Of Business Concerns For The Status Of Minority Business Enterprise.
  The statewide and interlocal agreement on certification of business concerns for the status of minority business enterprise is hereby enacted and entered into with all...
• 287.09451 - Office Of Supplier Diversity; Powers, Duties, And Functions.
  (1) The Legislature finds that there is evidence of a systematic pattern of past and continuing racial discrimination against minority business enterprises and a disparity in...
• 287.0947 - Florida Advisory Council On Small And Minority Business Development; Creation; Membership; Duties.
  (1) The Secretary of Management Services may create the Florida Advisory Council on Small and Minority Business Development with the purpose of advising and assisting the...
• 287.095 - Department Of Corrections; Prison Industry Programs.
  (1) The purchase of raw materials for use by the Department of Corrections in its prison industry programs to manufacture or process products for resale is...
• 287.131 - Assistance Of Department Of Financial Services.
  The Department of Financial Services shall provide the Department of Management Services with technical assistance in all matters pertaining to the purchase of insurance for...
• 287.132 - Legislative Intent With Respect To Integrity Of Public Contracting And Purchasing Process.
  Recognizing that the preservation of the integrity of the public contracting and purchasing process of the state is vital and is a matter of interest...
• 287.133 - Public Entity Crime; Denial Or Revocation Of The Right To Transact Business With Public Entities.
  (1) As used in this section:(a) “Affiliate” means:1. A predecessor or successor of a person convicted of a public entity crime; or2. An entity under the control of any...
• 287.134 - Discrimination; Denial Or Revocation Of The Right To Transact Business With Public Entities.
  (1) As used in this section:(a) “Affiliate” means:1. A predecessor or successor of an entity that discriminated; or2. An entity under the control of any natural person or entity...
• 287.135 - Prohibition Against Contracting With Scrutinized Companies.
  (1) In addition to the terms defined in ss. 287.012 and 215.473, as used in this section, the term:(a) “Awarding body” means, for purposes of state contracts,...
• 287.136 - Audit Of Executed Contract Documents.
  After execution of a contract, the Chief Financial Officer shall perform audits of the executed contract document and contract manager’s records to ensure that adequate...

Last modified: September 23, 2016