Florida Statutes
Fla. Stat. § 337.167 (2025)
Administrative procedures; stays and injunctions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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337.167 Administrative procedures; stays and injunctions.—
(1) A certificate to bid on a department contract, or to supply services to the department, is intended to assist the department in determining in advance the performance capabilities of entities seeking to supply goods and services to the department and is not a “license” as defined in s. 120.52. The denial or revocation of a certificate is not subject to the provisions of s. 120.60 or s. 120.68(3). The provisions of ss. 120.569 and 120.57 are applicable to the denial or revocation of such certificate.
(2) For the purpose of promulgating emergency rules, the continuation of the bidding, contracting, or supplying privileges of a convicted contractor or its affiliate represents an immediate danger to the public health, safety, and welfare.
(3) The denial or revocation of a certificate for reasons of contract crime may not be stayed by the department or by the Division of Administrative Hearings during the pendency of any judicial review proceedings concerning a final order of denial or revocation.
(4) A court may grant a stay or injunction in an action relating to the denial or revocation of a certificate only upon the posting of a bond by the petitioner seeking a stay or injunction, and provided the court granting the stay or injunction finds that:
(a) The petitioner has a substantial likelihood of success on the merits;
(b) The threatened harm or injury to the petitioner clearly outweighs any possible injury to the state occasioned by granting the stay or injunction; and
(c) It is in the public interest to grant the stay or injunction.
Notes of Decisions
Cited in 1
case, 1988–1988 · leading case: White Constr. Co. v. State, Dep't of Transp., 526 So. 2d 998 (Fla. 1st DCA 1988).
White Constr. Co. v. State, Dep't of Transp., 526 So. 2d 998 (Fla. 1st DCA 1988). “First, appellee points out that section 337.167(1) expressly states that a certificate such as is involved in this case is not á license for purposes of Florida’s Administrative Procedure Act.”
— 337.167(1) — 1 case
White Constr. Co. v. State, Dep't of Transp., 526 So. 2d 998 (Fla. 1st DCA 1988). “First, appellee points out that section 337.167(1) expressly states that a certificate such as is involved in this case is not á license for purposes of Florida’s Administrative Procedure Act.”
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