Laws

Please note: The following statutes may or may not pertain to different public purchasing organizations, i.e.; certain statutes only pertain to state/community colleges, etc.

2015 Florida Statutes  Index

Constitution of the State of FL

  1. Per diem and travel expenses of public officers

    Travel Expenses for staff & consultants [see (2)(e) and (3)(c)Rates:  $36 per day as follows:

    • $6 / breakfast, leave before 6 a.m., out past 8 a.m.
    • $11 / lunch, leave before 12 noon, out past 2. p.m.
    • $19 / dinner, leave before 6 p.m., out past 8 p.m.

    Mileage at $0.445 per mile

    Florida Statute #112.061

  2. Group Insurance for Public Officers

    Procurement of Insurance

    Florida Statute #112.08

  3. Standards of Conduct for Public Officers

    Doing Business with One’s Agency Search for Financial Disclosure Forms

    Florida Statute #112.313

  4. Disclosure of Financial Interest

    Public Officers and Employees

    Florida Statute #112.3144

  5. Records Retention

    Custodial requirements

    Florida Statute #119.021

  6. Inspection, examination, and duplication of records; exemptions

    Public Records – copies provided at $0.15 per page.  Additional $0.05 for each 2-sided copy.  Also see Florida First Amendment Foundation and State Library and Archives of Florida Also see Florida Constitution, Article 1, Section 24

    Florida Statute #119.07 (4)(a) 1 & 2

  7. General Exemptions from inspection or copying of public Records

    Sealed bids or proposals are exempt until the agency provides notice of a decision or intended decision or 30 days after bid or proposal opening, whichever is earlier

    Florida Statute # 119.071

  8. Additional Procedures for Particular Cases

    Bid Protests

    Florida Statute #120.57 (3)

  9. Educational Property Exemption

    Colleges are exempt from taxation

    Florida Statute #196.198

  10. Sales, rental, use, consumption, distribution, and storage tax

    Certificate of Entitlement.  Also see Florida Administrative Rule 12A-1.094

     Florida Statute #  212.08 (6)

  11. Government Bonds, maximum rate of interest

    Maximum Lease Purchase Rate

    Florida Statute #215.84

  12. Appropriations; undisbursed balances

    PECO Reversion 31 Months

    Florida Statute #216.301

  13. Timely Payment

    Prompt Payment Act

    Florida Statute #218.73

  14. Timely Payment for purchases of construction services

    Prompt Payment Act – Construction

    Florida Statute #218.735

  15. Procedures for calculation of payment due dates

    Prompt Payment Act

    Florida Statute #218.74

  16. Public Property & Publicly Owned Buildings

    Preference to home industries in building public buildings.

    Florida Statute # 255.04 

  17. Bond of contractor constructing public buildings, form

    Bonding of Construction / Pubic Construction Bond

    Florida Statute #255.05

  18. Bids for state contracts; substitution of subcontractors

    Sub-Contractors (cannot change subs after bid opening without cause)

    Florida Statute #255.0515

  19. Bid protests by educational boards

    Protests

    Florida Statute #255.0516

  20. Advertising for competitive bids

    Construction Advertising

    Florida Statute #255.0525 (2)

  21. Bids for Public Construction

    Construction Contracts

    Florida Statute #255.20 

  22. DMS Responsibility

    Leasing of Buildings

    Florida Statute #        255.249

  23. Approval required prior to leasing

    Leasing of Buildings

    Florida Statute #255.25

  24. Contracts which require annual appropriation/contingency

    Annual Appropriations Language

    Florida Statute #255.2502

  25. Surplus

    Applies to Community Colleges by virtue of 1013.28

    Florida Statute #274

  26. Tangible Personal Property

    Definitions

    Florida Statute #274.01

  27. Florida Preference

    Preference to Florida Bidders – Printing / Form

    Florida Statute # 283.35

  28. Sunshine Law

    Public Meetings.  Also see Florida Constitution, Article 1, Section 24286.0113 Negotiations Meetings are exempt

    Florida Statute # 286.011

  29. Public Business - Misc. Provisions

    Use of State funds to purchase greeting cards is prohibited

    Florida Statute # 286.27

  30. Public Business -- Procurement

    Not all apply to Community Colleges

    Florida Statute #287

  31. Procurement of Personal Property & Services

    Definitions

    Florida Statute #287.012

  32. Purchasing categories - threshold amounts

    $ Categories 1 – 5 / New limits as of July 1, 2010

    • 1 = $  20,000
    • 2 = $  35,000
    • 3 = $  65,000
    • 4 = $195,000
    • 5 = $325,000

    Florida Statute #287.017

  33. Purchase of insurance

    Insurance – does not apply to CC’s

    Florida Statute #287.022

  34. Public Business, Procurement

    Advertisement of Bids

    Florida Statute #287.042(4) (b)

  35. Procurement of products and materials with recycled content

    Recycled Content

    Florida Statute #287.045

  36. Acquisition of Architects, Engineers, Landscape Architects, Surveyors and Mapping Services

    CCNA

    Florida Statute #287.055

  37. State Term Contracts

    Use of STC is required by Agencies, and allowed by eligible users

    Florida Statute #287.056

  38. Procurement of commodities

    Procurement (6A-14)

    Florida Statute #287.057

  39. Contract document

    Use of PO or Contract

    Florida Statute #287.058

  40. Deferred payment purchases

    Optional for Community Colleges

    Florida Statute #287.064

  41. Preference for Florida Businesses

    Preference for FL businesses – when purchasing personal property.  See 607.01401(20) for determination of location of “principal office”. John Holdnak Memo of Guidance Form

    Florida Statute #287.084

  42. Preference to businesses with drug-free workplace

    Tie Bids:  Drug Free Work Place Preference

    Florida Statute #287.087

  43. Preference to certain foreign mfg.

    Foreign Preference – Factory in FL

    Florida Statute #287.092

  44. MBEs

    MBE set-asides

    Florida Statute #287.093

  45. MBE Programs; penalty for false representation

    Felony of the second degree. See 775.082

    Florida Statute #287.094

  46. Public Entity Crimes

    Denial or revocation of the right to transact business with public entities

    Florida Statute #287.133

  47. Counties; employing labor and providing road equipment; definitions

    Counties — Road Construction

    Florida Statute #336.41

  48. Counties; contracts for construction of roads; procedure; contractor's bond.

    Counties – Road Construction

    Florida Statute #336.44

  49. Contracts for planning services

    Counties – Road Construction

    Florida Statute #337.1075

  50. Bid Guaranty

    Bid Bonds

    Florida Statute #337.17

  51. Social Welfare: Products, purchase by state agencies

    RESPECT

    Florida Statute #413.031

  52. Business Organizations

    How to identify Principal Office of a vendor.  Use this statute to have non-Florida statutes identify which state their principal office is in – regarding FS 283.3.

    Florida Statute # 607.01401(20)

  53. Uniform Commercial Code: Sales

    UCC: Laws governing sale of goods

    Florida Statute #672

  54. Sovereign Immunity

    Limit of Liability — $100,000 / $200,000

    Florida Statute #768.28

  55. Penalties

    Penalty for MBE Misrepresentation

    Florida Statute #775.082

  56. Use of goods and services produced in correctional work programs

    PRIDE:  Prison Rehabilitative Industries and Diversified Enterprises

    Florida Statute #946.515

  57. K-20 Education Code

    Specific to Education Only / Comm./State Colleges

    Florida Statute #s 1000, 1001, 1002, 1003

  58. K-20 System-wide Definitions

    Identities the 28 Community Colleges in Florida

    Florida Statute #1000.21

  59. Community College Presidents

    Powers and duties of the President

    Florida Statute #1001.65

  60. Florida College System Institutions, Legislative Intent

    Identifies colleges a “Political Subdivisions”

    Florida Statute #1004.67

  61. Jessica Lunsford Act

    Persons with direct contact with K-12 students.  Certain contractors must comply.

    Florida Statute #1012.465

  62. Community college system equity

    Equity Accountability

    Florida Statute #1012.86

  63. Disposal of property

    Surplus Property

    Florida Statute #1013.28

  64. Educational facilities contracting and construction techniques

    May utilize CCNA procedures to procure CM at Risk Services,  Construction Management. <$50K do not need A/E for portable classrooms.

    Florida Statute #1013.45 (1) (c)

  65. K-20 Construction Contracts Advertising and awarding contracts; pre-qualification of contractor

    Educational Facilities:  Advertising and awarding contracts; pre-qualification of contractor if bids exceed budget, DBOT declares emergency and pre-qualification

    Florida Statute #1013.46