337.16
Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing.
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337.16 Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing.—
(1) A contractor shall not be qualified to bid when an investigation by the department discloses that such contractor is delinquent on a previously awarded contract, and in such case the contractor’s certificate of qualification shall be suspended or revoked. Any contractor whose certificate of qualification is suspended or revoked for delinquency shall also be disapproved as a subcontractor during the period of suspension or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid and before the request for authorization to sublet is presented.
(a) A contractor is delinquent when the allowed contract time has expired and the contract work is not complete.
(b) The department shall inform the contractor in writing of its intent to deny, suspend, or revoke his or her certificate of qualification to bid on work let by the department for delinquency and inform the contractor of his or her right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt by the administrative law judge of the request for the hearing. The recommended order shall be issued within 15 days after the hearing. The contractor’s application for a certificate of qualification shall be denied or the contractor’s current certificate of qualification shall be suspended for the number of days that it is administratively determined that the contractor was delinquent even if the delinquency is cured during the pendency of the hearing proceedings.
(c) In addition to the period of suspension required in paragraph (b), the department shall deny or suspend the certificate of qualification of such contractor in accordance with the following schedule: If a contractor has been suspended twice within an 18-month period, the period of suspension shall be 3 months; if such contractor has been suspended twice within a 24-month period, the period of suspension shall be 2 months; and, if such contractor has been suspended 3 times within a 30-month period, the period of suspension shall be 4 months. The department shall inform the contractor in writing of its intent to deny or suspend his or her certificate of qualification to bid on work let by the department and inform the contractor of his or her right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt of the request for the hearing. Upon a determination that the contractor’s certificate of qualification had been suspended for delinquency, it shall deny or suspend the certificate of the contractor as provided in this paragraph.
(d) Such suspension or revocation shall not affect the contractor’s obligations under any preexisting contract.
(2) For reasons other than delinquency in progress, the department, for good cause, may determine any contractor not having a certificate of qualification nonresponsible for a specified period of time or may deny, suspend, or revoke any certificate of qualification. Good cause includes, but is not limited to, circumstances in which a contractor or the contractor’s official representative:
(a) Makes or submits to the department false, deceptive, or fraudulent statements or materials in any bid proposal to the department, any application for a certificate of qualification, any certification of payment pursuant to s. 337.11(11), or any administrative or judicial proceeding;
(b) Becomes insolvent or is the subject of a bankruptcy petition;
(c) Fails to comply with contract requirements, in terms of payment or performance record, or to timely furnish contract documents as required by the contract or by any state or federal statute or regulation;
(d) 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 or officer’s official action or judgment;
(e) Is an affiliate of a contractor who has been determined nonresponsible or whose certificate of qualification has been suspended or revoked and the affiliate is dependent upon such contractor for personnel, equipment, bonding capacity, or finances; or
(f) Fails to register, pursuant to chapter 320, motor vehicles that he or she operates in this state.
History.—s. 95, ch. 29965, 1955; ss. 23, 35, ch. 69-106; s. 56, ch. 78-95; s. 150, ch. 84-309; s. 27, ch. 85-180; s. 5, ch. 87-93; s. 8, ch. 87-100; s. 3, ch. 87-104; s. 47, ch. 90-136; s. 15, ch. 94-237; s. 965, ch. 95-148; s. 71, ch. 96-410; s. 19, ch. 99-385; s. 66, ch. 2010-5.
Notes of Decisions
Cited in 12
cases, 1973–1997 · leading case: COUCH CONST. CO., INC. v. Department of Transp.
COUCH CONST. CO., INC. v. Department of Transp. (1978)
“57 and Chapter 14-6, Rules of the Department of Transportation, for the following relief: *186 "[T]hat Respondent [DOT] find, under section 337.16, Florida Statutes, and section 8-8 of the Standard Specifications that White Construction Company, Inc.”
DAB CONSTRUCTORS v. Dept. of Transp. (1995)
“We hold that the disqualification of White as a road contractor on the basis of irresponsibility must be determined exclusively in an administrative proceeding conducted pursuant to section 337.16, Florida Statutes (Supp. 1994), and the department's rules promulgated thereunder.”
Capeletti Bros., Inc. v. STATE DEPT. OF TRANSP. (1978)
“Section 337.16, Florida Statutes (1977), provides: (1) No contractor shall be qualified to bid when an investigation by the highway engineer discloses that such contractor is delinquent on a previously awarded contract, and in such case his certificate of qualification shall be…”
STATE, DEPT. OF TRANSP. v. Gary (1987)
“Thus, it can be seen that the hearing officer would ultimately find either that Wilkinson & Jenkins was delinquent for purposes of section 337.16, or that Wilkinson & Jenkins had expended its best efforts and was not at fault.”
White Construction Co. Inc. v. Division of Admin., Etc. (1973)
“) Respondent denies that it declared White delinquent and disqualified as a prospective bidder on Department of Transportation contracts and denies that at all times material to this action White has never had its qualifications to bid suspended in compliance with Department of…”
White Construction Co. v. State, Department of Transportation (1988)
“, has appealed an order issued by the Department of Transportation pursuant to Section 337.16(l)(b), Florida Statutes (1987), which suspended for four days White’s certificate of qualification to bid.”
Michael Construction Co. v. Department of Transportation (1985)
“01 implements Section 337.16, Florida Statutes (1983), which states: (1) No contractor shall be qualified to bid when an investigation by the highway engineer discloses that such contractor is delinquent on a previously awarded contract, and in such case his certificate of…”
White Construction Co. v. Department of Transportation (1985)
“Petitioner is correct that an after-the-fact suspension for delinquency is a penal action. However, the statute itself must be regarded as penal since it authorizes certificate revocation, which is highly penal, as well as the lesser penalty of certificate suspension.”
State, Department of Transportation v. Clark Construction Co. (1993)
“Section 337.16, Florida Statutes (1991), provides that the department may disqualify contractors from bidding on projects when it is determined that the contractor is delinquent on a previously awarded contract with the state.”
Shurly Contracting, Inc. v. Department of Transportation (1985)
“The hearing officer determined that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes (1983) and recommended Shurly be suspended for a period of 220 days, the number of days Shurly was determined to be delinquent.”
Mitchell Bros. v. State, Department of Transportation (1997)
“The remedy sought in this breach of contract action is not available in the separate administrative proceeding being pursued under section 337.16(2), Florida Statutes, and rule 14-22.”
White Construction Co. v. State, Department of Transportation (1988)
“Appellant appeals a final order of the Department of Transportation (Department) finding appellant delinquent in its completion of a construction contract and, pursuant to section 337.16(1), suspending its certificate of qualification to bid on Department projects for four days.”
— 337.16(1) — 6 cases
DAB CONSTRUCTORS v. Dept. of Transp. (1995)
“We hold that the disqualification of White as a road contractor on the basis of irresponsibility must be determined exclusively in an administrative proceeding conducted pursuant to section 337.16, Florida Statutes (Supp. 1994), and the department's rules promulgated thereunder.”
COUCH CONST. CO., INC. v. Department of Transp. (1978)
“57 and Chapter 14-6, Rules of the Department of Transportation, for the following relief: *186 "[T]hat Respondent [DOT] find, under section 337.16, Florida Statutes, and section 8-8 of the Standard Specifications that White Construction Company, Inc.”
STATE, DEPT. OF TRANSP. v. Gary (1987)
“Thus, it can be seen that the hearing officer would ultimately find either that Wilkinson & Jenkins was delinquent for purposes of section 337.16, or that Wilkinson & Jenkins had expended its best efforts and was not at fault.”
Michael Construction Co. v. Department of Transportation (1985)
“01 implements Section 337.16, Florida Statutes (1983), which states: (1) No contractor shall be qualified to bid when an investigation by the highway engineer discloses that such contractor is delinquent on a previously awarded contract, and in such case his certificate of…”
Shurly Contracting, Inc. v. Department of Transportation (1985)
“The hearing officer determined that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes (1983) and recommended Shurly be suspended for a period of 220 days, the number of days Shurly was determined to be delinquent.”
— 337.16(1)(a) — 1 case
STATE, DEPT. OF TRANSP. v. Gary (1987)
“Thus, it can be seen that the hearing officer would ultimately find either that Wilkinson & Jenkins was delinquent for purposes of section 337.16, or that Wilkinson & Jenkins had expended its best efforts and was not at fault.”
— 337.16(1)(b) — 1 case
STATE, DEPT. OF TRANSP. v. Gary (1987)
“Thus, it can be seen that the hearing officer would ultimately find either that Wilkinson & Jenkins was delinquent for purposes of section 337.16, or that Wilkinson & Jenkins had expended its best efforts and was not at fault.”
— 337.16(2) — 4 cases
DAB CONSTRUCTORS v. Dept. of Transp. (1995)
“We hold that the disqualification of White as a road contractor on the basis of irresponsibility must be determined exclusively in an administrative proceeding conducted pursuant to section 337.16, Florida Statutes (Supp. 1994), and the department's rules promulgated thereunder.”
White Construction Co. Inc. v. Division of Admin., Etc. (1973)
“) Respondent denies that it declared White delinquent and disqualified as a prospective bidder on Department of Transportation contracts and denies that at all times material to this action White has never had its qualifications to bid suspended in compliance with Department of…”
Michael Construction Co. v. Department of Transportation (1985)
“01 implements Section 337.16, Florida Statutes (1983), which states: (1) No contractor shall be qualified to bid when an investigation by the highway engineer discloses that such contractor is delinquent on a previously awarded contract, and in such case his certificate of…”
Mitchell Bros. v. State, Department of Transportation (1997)
“The remedy sought in this breach of contract action is not available in the separate administrative proceeding being pursued under section 337.16(2), Florida Statutes, and rule 14-22.”
— 337.16(3) — 1 case
White Construction Co. Inc. v. Division of Admin., Etc. (1973)
“) Respondent denies that it declared White delinquent and disqualified as a prospective bidder on Department of Transportation contracts and denies that at all times material to this action White has never had its qualifications to bid suspended in compliance with Department of…”
— 337.16(l)(b) — 2 cases
White Construction Co. v. State, Department of Transportation (1988)
“, has appealed an order issued by the Department of Transportation pursuant to Section 337.16(l)(b), Florida Statutes (1987), which suspended for four days White’s certificate of qualification to bid.”
State, Department of Transportation v. Clark Construction Co. (1993)
“Section 337.16, Florida Statutes (1991), provides that the department may disqualify contractors from bidding on projects when it is determined that the contractor is delinquent on a previously awarded contract with the state.”
— 337.16(l)(c) — 1 case
White Construction Co. v. State, Department of Transportation (1988)
“, has appealed an order issued by the Department of Transportation pursuant to Section 337.16(l)(b), Florida Statutes (1987), which suspended for four days White’s certificate of qualification to bid.”
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