Florida Statute 337.16 | 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. 337.16

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.

F.S. 337.16 on Google Scholar

F.S. 337.16 on Casetext

Amendments to 337.16

Arrestable Offenses / Crimes under Fla. Stat. 337.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.16.

Annotations, Discussions, Cases:

Cases Citing Statute 337.16

Total Results: 15

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: , good will, privacy, trademark, or otherwise. *337 16. My civil rights have never been suspended, or

Mitchell Bros. v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-16T00:00:00-08:00

Citation: 686 So. 2d 756, 1997 Fla. App. LEXIS 163

Snippet: administrative proceeding being pursued under section 337.16(2), Florida Statutes, and rule 14-22.012(l)(a)(

DAB CONSTRUCTORS v. Dept. of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-17T00:53:00-07:00

Citation: 656 So. 2d 940

Snippet: administrative proceeding conducted pursuant to section 337.16, Florida Statutes (Supp. 1994), and the department…administrative proceeding conducted pursuant to section 337.16, Florida Statutes (Supp. 1994). It rejected D.A.B…without following the procedures set forth in section 337.16. It further *942 concluded that White's financial… be determined outside the context of a section 337.16 proceeding. Relying on this court's opinions…proceeding. In Couch, this court held that section 337.16 did not eliminate the traditional competitive bidding

State, Department of Transportation v. Clark Construction Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-07-07T00:00:00-07:00

Citation: 621 So. 2d 511, 1993 Fla. App. LEXIS 7049, 1993 WL 247128

Snippet: infringement of appellee’s right to a jury trial. Section 337.16, Florida Statutes (1991), provides that the department…expedited administrative determination. Section 337.16(l)(b), Fla.Stat. (1991). The clear statutory intent…contractor was delinquent for purposes of section 337.16, or that the contractor expended its best efforts

Thomas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-01-12T00:00:00-08:00

Citation: 611 So. 2d 1324, 1993 Fla. App. LEXIS 72, 1993 WL 5676

Snippet: prospective repeal has since been delayed, ch. 90-337, § 16, Laws of Fla., with a new prospective repeal date

State v. Headings

Court: Fla. | Date Filed: 1991-10-10T00:00:00-07:00

Citation: 586 So. 2d 337, 16 Fla. L. Weekly Supp. 672, 1991 Fla. LEXIS 1704, 1991 WL 201572

Snippet: McDonald, Overton, Shaw 10 October 1991 586 So. 2d 337, 16 Fla. L. Weekly Supp. 672, 1991 Fla. LEXIS 1704,

White Construction Co. v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-22T00:00:00-08:00

Citation: 535 So. 2d 684, 14 Fla. L. Weekly 33, 1988 Fla. App. LEXIS 5721, 1988 WL 138526

Snippet: construction contract and, pursuant to section 337.16(1), suspending its certificate of qualification

White Construction Co. v. State, Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-09T00:00:00-07:00

Citation: 526 So. 2d 998, 13 Fla. L. Weekly 1390, 1988 Fla. App. LEXIS 2394

Snippet: Department of Transportation pursuant to Section 337.16(l)(b), Florida Statutes (1987), which suspended…automatic three-month suspension pursuant to section 337.16(l)(c). Appellee has responded in opposition to

STATE, DEPT. OF TRANSP. v. Gary

Court: Fla. Dist. Ct. App. | Date Filed: 1987-10-07T00:53:00-07:00

Citation: 513 So. 2d 1338

Snippet: determination of delinquency pursuant to section 337.16(1)(b), Florida Statutes. The hearing was ultimately…of the administrative proceeding. Under section 337.16(1), a contractor shall not be qualified to bid …qualification shall be suspended or revoked. Section 337.16(1)(a) defines delinquency as meaning unsatisfactory… Jenkins was delinquent for purposes of section 337.16, or that Wilkinson & Jenkins had expended

Shurly Contracting, Inc. v. Department of Transportation

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-09T00:00:00-07:00

Citation: 477 So. 2d 24, 10 Fla. L. Weekly 2309, 1985 Fla. App. LEXIS 16272

Snippet: that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes (1983) and recommended Shurly

Capeletti Bros., Inc. v. STATE DEPT. OF TRANSP.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-08-09T00:53:00-07:00

Citation: 362 So. 2d 346

Snippet: the indefinite period of the suspension. Section 337.16, Florida Statutes (1977), provides: (1) No contractor…original certificate. Proceedings under Section 337.16 for revocation of a contractor's certificate

COUCH CONST. CO., INC. v. Department of Transp.

Court: Fla. Dist. Ct. App. | Date Filed: 1978-06-16T00:53:00-07:00

Citation: 361 So. 2d 184

Snippet: quot;[T]hat Respondent [DOT] find, under section 337.16, Florida Statutes, and section 8-8 of the Standard…On the claim that White be disqualified under § 337.16,[2] the recommended order, as adopted by DOT, holds… holds: "[T]he statute in question, F.S. § 337.16(1), seems to clearly provide that a contractor … So.2d 194 (Fla. 1973), is erroneous. Neither § 337.16 nor the Supreme Court's White case has eliminated…was not disqualified as a matter of law under § 337.16, its "responsibility" remained a factor

White Construction Co. Inc. v. Division of Admin., Etc.

Court: Fla. | Date Filed: 1973-07-25T00:53:00-07:00

Citation: 281 So. 2d 194

Snippet: Section 337.16(2) rather than under Chapter 14-8.01, 14.8 and Florida Statutes, Section 337.16(3), then…Statutes, Sections 337.13, 337.14, 337.11(3) and 337.16, F.S.A.), filed its bid in the amount of $522,400.76… it has complied with Florida Statutes, Section 337.16, F.S.A., and Chapter 14-8.01, Administrative Code…regulations are not applicable. Florida Statutes, Section 337.16, F.S.A., entitled, Delinquent Bidding, Suspension…the aforequoted Subsection (2) of Florida Statute 337.16 provide, Subsection 1 of Section 20.23, Florida

Brown v. Hutch

Court: Fla. Dist. Ct. App. | Date Filed: 1963-09-25T00:53:00-07:00

Citation: 156 So. 2d 683

Snippet: 55 So. 865; Banks v. Banks, Fla. 1957, 98 So.2d 337; 16 Fla.Jur., Homesteads, section 85, page 336. The

Capital City Bank v. Hilson

Court: Fla. | Date Filed: 1912-06-15T00:00:00-08:00

Citation: 64 Fla. 206

Snippet: Insurance Co., 123 U. S. 747, 8 Sup. Ct. Rep. 337; 16 Cyc. 106; Sarasota Ice, Fish & Power Co. v.