Florida Statute 287.012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIX
PUBLIC BUSINESS

Chapter 287
PROCUREMENT OF PERSONAL PROPERTY AND SERVICES

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F.S. 287.012

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 of organization, however designated, of the executive branch of state government. “Agency” does not include the university and college boards of trustees or the state universities and colleges.

(2) “Agency head” means, with respect to an agency headed by a collegial body, the executive director or chief administrative officer of the agency.

(3) “Artistic services” means the rendering by a contractor of its time and effort to create or perform an artistic work in the fields of music, dance, drama, folk art, creative writing, painting, sculpture, photography, graphic arts, craft arts, industrial design, costume design, fashion design, motion pictures, television, radio, or tape and sound recording.

(4) “Best value” means the highest overall value to the state based on factors that include, but are not limited to, price, quality, design, and workmanship.

(5) “Commodity” means any of the various supplies, materials, goods, merchandise, food, equipment, information technology, and other personal property, including a mobile home, trailer, or other portable structure that has less than 5,000 square feet of floor space, purchased, leased, or otherwise contracted for by the state and its agencies. The term also includes interest on deferred-payment commodity contracts approved pursuant to s. 287.063 entered into by an agency for the purchase of other commodities. However, commodities purchased for resale are excluded from this definition. Printing of publications shall be considered a commodity if procured pursuant to s. 283.33, whether purchased for resale or not.

(6) “Competitive solicitation” means the process of requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement.

(7) “Contractor” means a person who contracts to sell commodities or contractual services to an agency.

(8) “Contractual service” means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors, and such services may include, but are not limited to, evaluations; consultations; maintenance; accounting; security; management systems; management consulting; educational training programs; research and development studies or reports on the findings of consultants engaged thereunder; and professional, technical, and social services. The term does not include a contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of a facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to chapter 255 and rules adopted thereunder.

(9) “Department” means the Department of Management Services.

(10) “Electronic posting” or “electronically post” means the noticing of solicitations, agency decisions or intended decisions, or other matters relating to procurement on a centralized Internet website designated by the department for this purpose, and in the manner and form required under s. 120.57(3)(a).

(11) “Eligible user” means any person or entity authorized by the department pursuant to rule to purchase from state term contracts or to use the online procurement system.

(12) “Exceptional purchase” means any purchase of commodities or contractual services excepted by law or rule from the requirements for competitive solicitation, including, but not limited to, purchases from a single source; purchases upon receipt of less than two responsive bids, proposals, or replies; purchases made by an agency after receiving approval from the department, from a contract procured, pursuant to s. 287.057(1), or by another agency; and purchases made without advertisement in the manner required under s. 287.042(3)(b).

(13) “Extension” means an increase in the time allowed for the contract period.

(14) “Governmental entity” means a political subdivision or agency of this state or of any state of the United States, including, but not limited to, state government, county, municipality, school district, nonprofit public university or college, single-purpose or multipurpose special district, single-purpose or multipurpose public authority, metropolitan or consolidated government, separate legal entity or administrative entity, or any agency of the Federal Government.

(15) “Information technology” has the same meaning as provided in s. 282.0041.

(16) “Invitation to bid” means a written or electronically posted solicitation for competitive sealed bids.

(17) “Invitation to negotiate” means a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services.

(18) “Minority business enterprise” has the same meaning as provided in s. 288.703.

(19) “Office” means the Office of Supplier Diversity of the Department of Management Services.

(20) “Outsource” means the process of contracting with a vendor to provide a service as defined in s. 216.011(1)(g), in whole or in part, or an activity as defined in s. 216.011(1)(a), while a state agency retains the responsibility and accountability for the service or activity and there is a transfer of management responsibility for the delivery of resources and the performance of those resources.

(21) “Renewal” means contracting with the same contractor for an additional contract period after the initial contract period, only if pursuant to contract terms specifically providing for such renewal.

(22) “Request for information” means a written or electronically posted request made by an agency to vendors for information concerning commodities or contractual services. Responses to these requests are not offers and may not be accepted by the agency to form a binding contract.

(23) “Request for proposals” means a written or electronically posted solicitation for competitive sealed proposals.

(24) “Request for a quote” means an oral, electronic, or written request for written pricing or services information from a state term contract vendor for commodities or contractual services available on a state term contract from that vendor.

(25) “Responsible vendor” means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance.

(26) “Responsive bid,” “responsive proposal,” or “responsive reply” means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation.

(27) “Responsive vendor” means a vendor that has submitted a bid, proposal, or reply that conforms in all material respects to the solicitation.

(28) “State term contract” means a term contract that is competitively procured by the department pursuant to s. 287.057 and that is used by agencies and eligible users pursuant to s. 287.056.

(29) “Term contract” means an indefinite quantity contract to furnish commodities or contractual services during a defined period.

History.—s. 22, ch. 69-106; s. 1, ch. 80-374; ss. 4, 8, ch. 82-196; s. 1, ch. 83-99; s. 1, ch. 83-192; s. 1, ch. 84-158; s. 29, ch. 85-349; s. 1, ch. 86-52; ss. 6, 20, ch. 88-384; s. 1, ch. 89-289; s. 2, ch. 90-147; s. 4, ch. 90-224; s. 11, ch. 90-268; s. 36, ch. 90-335; s. 15, ch. 92-98; s. 107, ch. 92-142; s. 246, ch. 92-279; s. 55, ch. 92-326; s. 8, ch. 94-322; s. 1, ch. 95-168; s. 8, ch. 96-236; s. 24, ch. 96-320; s. 16, ch. 98-65; s. 74, ch. 98-279; s. 31, ch. 2000-164; s. 9, ch. 2000-286; s. 2, ch. 2001-278; s. 8, ch. 2002-207; s. 14, ch. 2010-151; s. 3, ch. 2013-154; s. 58, ch. 2023-8.

F.S. 287.012 on Google Scholar

F.S. 287.012 on Casetext

Amendments to 287.012

Arrestable Offenses / Crimes under Fla. Stat. 287.012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 287.012.

Annotations, Discussions, Cases:

Cases Citing Statute 287.012

Total Results: 20

Kapsch TrafficCom IVHS, Inc. v. Florida Department of Transportation

Court: District Court of Appeal of Florida | Date Filed: 2018-06-04

Citation: 249 So. 3d 693

Snippet: listed in the definition of “commodity” in section 287.012(5), Florida Statutes. It also attempted to place

AT & T Corp. v. State, Department of Management Services

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 852, 2016 Fla. App. LEXIS 15744

Snippet: 287.057(l)(c)2.-4., Fla. Stat. (2014). Section 287.012(26), Florida Statutes (2014), defines “Responsive

First Quality Home Care, Inc. v. Alliance for Aging, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-06-17

Citation: 14 So. 3d 1149, 2009 Fla. App. LEXIS 7605, 2009 WL 1675839

Snippet: 120.52(1), Florida Statutes (2007),2 and section 287.012(1), Florida Statutes (2008).3 See Coastal Fuels

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Court: Florida Attorney General Reports | Date Filed: 2007-09-24

Snippet: contractual services or commodities as defined in s. 287.012, if the cost of such services or commodities exceeds

Sutron Corp. v. Lake County Water Authority

Court: District Court of Appeal of Florida | Date Filed: 2004-04-23

Citation: 870 So. 2d 930, 2004 Fla. App. LEXIS 5576, 2004 WL 865817

Snippet: sovereign immunity purposes). Further, Section 287.012(1) provides: "Agency" means any of the various

Parker v. STATE OF FLORIDA BD. OF REGENTS

Court: District Court of Appeal of Florida | Date Filed: 1998-12-28

Citation: 724 So. 2d 163

Snippet: contractual services which are defined in section 287.012(4)(a) as applying only to those services rendered

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Court: Florida Attorney General Reports | Date Filed: 1997-11-05

Snippet: Disadvantaged an "agency" within the definition of section 287.012(1), Florida Statutes (1996 Supplement)? 2. Is the

Dunbar Elec. Sup. v. School Bd. of Dade

Court: District Court of Appeal of Florida | Date Filed: 1997-03-19

Citation: 690 So. 2d 1339, 1997 WL 120137

Snippet: branch of state government.[1]See id. §§ 287.001, 287.012(1). Appellants claim that school boards are part

The Florida Bar v. Cramer

Court: Supreme Court of Florida | Date Filed: 1994-10-13

Citation: 643 So. 2d 1069, 19 Fla. L. Weekly Supp. 527, 1994 Fla. LEXIS 1539, 1994 WL 556903

Snippet: payment of the Florida Bar's costs, totalling $1,287.12. Cramer petitions for review. In particular, Cramer

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Court: Florida Attorney General Reports | Date Filed: 1994-10-12

Snippet: as that term is defined in sections 216.011 and 287.012, Florida Statutes. Further, there is nothing in

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Court: Florida Attorney General Reports | Date Filed: 1993-04-09

Snippet: and contractual services by an "agency." Section 287.012(1), F.S., however, defines "agency" for purposes

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Court: Florida Attorney General Reports | Date Filed: 1992-11-05

Snippet: appear to qualify as an "agency" as defined in s. 287.012(1), F.S., I am of the opinion that the Board of

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Court: Florida Attorney General Reports | Date Filed: 1992-07-14

Snippet: be a state agency as that term is defined in s. 287.012(1), F.S.9 Your inquiry, however, concerns the expenditure

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Court: Florida Attorney General Reports | Date Filed: 1991-12-18

Snippet: each county, for terms of four years. 7 Section 287.012(1), F.S., for purposes of Part I, Ch.287, F.S.

Harris/3M v. Office Systems Consultants

Court: District Court of Appeal of Florida | Date Filed: 1988-10-19

Citation: 533 So. 2d 833, 13 Fla. L. Weekly 2369, 1988 Fla. App. LEXIS 4703, 1988 WL 107389

Snippet: the definition of “responsive bidder” in section 287.012(12), Florida Statutes (1985), and held that the

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Court: Florida Attorney General Reports | Date Filed: 1988-08-02

Snippet: elections, do not come under the opinion. Section 287.012(1), F.S., defines "Agency" for purposes of Part

Hawkins v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-03-17

Citation: 522 So. 2d 488, 1988 WL 22990

Snippet: 2d 405 (Fla. 1987); Crouse v. State, 518 So.2d 287, 12 FLW 2280 (Fla. 2d DCA 1987); Powell v. State, 495

Satellite Television Engineering, Inc. v. Department of General Services

Court: District Court of Appeal of Florida | Date Filed: 1988-03-11

Citation: 522 So. 2d 440, 13 Fla. L. Weekly 643, 1988 Fla. App. LEXIS 1064, 1988 WL 20586

Snippet: reference to the term “responsive bidder.” Section 287.012(12), Florida Statutes (1985) states: “Responsive

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Court: Florida Attorney General Reports | Date Filed: 1986-06-19

Snippet: F.S., defining "minority person" (compare, s.287.012[8], F.S., defining "minority-owned firm or company")

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Court: Florida Attorney General Reports | Date Filed: 1985-08-02

Snippet: squarely within the ambit of Ch. 287, F.S. See, s 287.012(3), F.S. (1984 Supp.), as amended by s 29, Ch.