The 2024 Florida Statutes
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. . . contract action is not available in the separate administrative proceeding being pursued under section 337.16 . . .
. . . In 1984 and 1985, the language of section 337.16(1) was expanded substantially to provide a detailed . . . Prior to these 1984 and 1985 changes, section 337.16(1), Florida Statutes (1983), provided only that: . . . The department interprets section 337.16 to require that a road contractor’s delinquency be addressed . . . exclusively in administrative proceedings conducted pursuant to section 337.16. . . . The department has correctly construed section 337.16 and its relationship with section 337.11. . . .
. . . Section 337.16, Florida Statutes (1991), provides that the department may disqualify contractors from . . . Section 337.16(l)(b), Fla.Stat. (1991). . . . at 1340, the hearing officer could find that the contractor was delinquent for purposes of section 337.16 . . .
. . . finding appellant delinquent in its completion of a construction contract and, pursuant to section 337.16 . . .
. . . Company, Inc., has appealed an order issued by the Department of Transportation pursuant to Section 337.16 . . . another project and such a finding would cause an automatic three-month suspension pursuant to section 337.16 . . .
. . . Wilkinson & Jenkins requested a hearing on DOT’s proposed determination of delinquency pursuant to section 337.16 . . . Section 337.16(l)(a) defines delinquency as meaning unsatisfactory progress being made on a construction . . . officer would ultimately find either that Wilkinson & Jenkins was delinquent for purposes of section 337.16 . . .
. . . The hearing officer determined that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes . . .
. . . Rule 14-23.01 implements Section 337.16, Florida Statutes (1983), which states: (1) No contractor shall . . . permissive, suspension or revocation, it implements Subsection (1), not Subsection (2), of Section 337.16 . . . McTigue, 387 So.2d 454 (Fla. 1st DCA 1978) (proceedings under Section 337.16 for revocation of a contractor . . . In this case, Section 337.16(1), Florida Statutes (1983), describes only one occasion where mandatory . . . personnel, equipment or finances may be good cause for permissive suspension or revocation under Section 337.16 . . .
. . . Section 337.16, F.S., delegates to Respondent the authority to revoke or suspend a certificate when contract . . . This provision, along with Section 337.16, F.S. . . . , which is to deter contract delinquency, is directly related to the legislative purpose of Section 337.16 . . . Thus, the challenged rule is a minimal exercise of the penal authority delegated by Section 337.16, F.S . . . actual delinquency must be rejected in view of the certificate revocation powers provided by Section 337.16 . . .
. . . Section 337.16, Florida Statutes (1977), provides: (1) No contractor shall be qualified to bid when an . . . Proceedings under Section 337.16 for revocation of a contractor’s certificate of qualification are in . . .
. . . I agree that the remedies provided by Florida Statute 337.16 are not exclusive and do not encompass the . . . officer, as found in that portion of the recommended order quoted in the foregoing opinion, that F.S. 337.16 . . . prior contract may be so construed: That alleged delinquency clearly falls within the ambit of F.S. 337.16 . . . while agreeing, as aforesaid, that there is a distinction between a disqualification pursuant to F.S. 337.16 . . . important to observe, I urge, that the issue of White’s responsibility, whether under the statute (F.S. 337.16 . . . Department of Transportation, for the following relief: “[T]hat Respondent [DOT] find, under section 337.16 . . . On the claim that White be disqualified under § 337.16, the recommended order, as adopted by DOT, holds . . . Neither § 337.16 nor the Supreme Court’s White case has eliminated the traditional competitive bidding . . . The DOT for its part plainly admits it routinely uses the delinquency provisions of Florida Statute § 337.16 . . . Florida Statute § 337.16: (1)No contractor shall be qualified to bid when an investigation by the highway . . .
. . . (Chapters 1-4, 14-9, Administrative Code; Florida Statutes, Sections 337.13, 337.14, 337.11(3) and 337.16 . . . of Transportation rules and regulations, alleges that it has complied with Florida Statutes, Section 337.16 . . . Florida Statutes, Section 337.16, F.S.A., entitled, Delinquent Bidding, Suspension and Revocation of . . . Florida Statutes to be taken into consideration with the aforequoted Subsection (2) of Florida Statute 337.16 . . .