Florida Statute 337.105 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.105

337.105 Qualifications of professional consultants and other providers of contractual services; performance bonds; and audits of indirect costs.—

(1) Before the employment of a professional consultant or other provider of service, the department shall make a finding that the person to be employed is fully qualified to render the desired service. Among the factors to be considered in making this finding are the professional reputation, past performance record, and experience of the candidate and the adequacy of the personnel making up his or her organization. The department may, for good cause, deny or suspend for a specified period of time a person or firm from consideration for award of a professional service contract for a particular type of work. The department shall adopt rules to administer this section. As used in this subsection, the term “good cause” includes, but is not limited to, circumstances in which a consultant or other provider of service or its official representative:

(a) Makes or submits false, deceptive, or fraudulent statements in any bid or proposal to the department, in any application for certification of qualification, or in any administrative or judicial proceeding;

(b) Becomes insolvent or is the subject of a bankruptcy petition;

(c) Has been qualified by the department based on a license or registration issued by the state which has subsequently been revoked or suspended or has been denied;

(d) Has been qualified by the department based on the employment of personnel no longer employed by the consultant or other provider of service;

(e) Fails to maintain adequate professional liability insurance for the certified areas of work;

(f) Fails to satisfactorily perform contract requirements;

(g) Wrongfully employs or otherwise provides compensation to any employee or officer of the department, or willfully offers an employee or officer of the department any pecuniary or other benefit, with the intent to influence the employee’s or officer’s official action or judgment;

(h) Is affiliated with a consultant or other provider of service whose qualification to render professional services has been denied or suspended by the department and is dependent upon such consultant or other provider of service for personnel, equipment, or finances; or

(i) Has been barred or suspended from consideration for work with any other governmental entity.

(2) For any contractual service, except a contractual service provided to the department under s. 287.055, the department may require a performance bond equal to the full contract value if such requirement is deemed to be in the best interest of the state.

(3) The department may require providers of professional services acquired under s. 287.055 to submit annual audits of their indirect costs performed in accordance with department guidelines. The department may establish limits on the indirect cost rates it will accept.

History.—s. 1, ch. 70-64; s. 171, ch. 84-309; s. 4, ch. 87-100; s. 1, ch. 89-21; s. 494, ch. 95-148; s. 35, ch. 96-323; s. 2, ch. 98-105.

Note.—Former s. 337.33.

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Amendments to 337.105

Arrestable Offenses / Crimes under Fla. Stat. 337.105

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.105.

Annotations, Discussions, Cases:

Cases Citing Statute 337.105

Total Results: 5

State v. Cable

Court: Fla. | Date Filed: 2010-12-09T00:00:00-08:00

Citation: 51 So. 3d 434, 35 Fla. L. Weekly Supp. 705, 2010 Fla. LEXIS 2084, 2010 WL 4977491

Snippet: 1914 (quoting New Jersey v. T.L.O., 469 U.S. 325, 337, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985)). Cable, 18 So

Cable v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-04T00:00:00-07:00

Citation: 18 So. 3d 37, 2009 Fla. App. LEXIS 12890, 2009 WL 3248152

Snippet: 1914 (quoting New Jersey v. T.L.O., 469 U.S. 325, 337, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985)). Thus, we conclude

J.D. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-25T00:00:00-08:00

Citation: 920 So. 2d 117, 2006 Fla. App. LEXIS 798

Snippet: the invasion which the search entails.” Id. at 337, 105 S.Ct. 733 (quoting Camara v. Mun. Court, 387 U.S

JD v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T23:53:00-08:00

Citation: 920 So. 2d 117

Snippet: invasion which the search entails." Id. at 337, 105 S.Ct. 733 (quoting Camara v. Mun. Court, 387 U.S

Fosman v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-12-26T23:53:00-08:00

Citation: 664 So. 2d 1163

Snippet: entails." New Jersey v. T.L.O., 469 U.S. 325, 337, 105 S.Ct. 733, 740, 83 L.Ed.2d 720, 731 (1985) (quoting