The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION

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

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F.S. 337.02

337.02 Purchases by department subject to competitive bids; advertisement; emergency purchases; bid specifications.—

(1) Except as provided herein, purchase by the Department of Transportation of commodities, including the advertising and awarding of competitive bids, shall be governed by chapters 283 and 287 and rules adopted by the Department of Management Services pursuant thereto. However, the provisions of s. 287.057 notwithstanding, the department may purchase parts and repairs valued at up to the threshold amount provided in s. 287.017 for CATEGORY TWO for the repair of mobile road maintenance equipment, marine vessels, permanent vehicle scales, and mechanical and electrical equipment for movable bridges, toll facilities including the Florida Turnpike, and up to the threshold amount provided in s. 287.017 for CATEGORY THREE for treatment plants and lift stations for water and sewage, and major heating and cooling systems without receiving competitive bids.

(2) If the department determines that an emergency exists in regard to the purchase of materials, machinery, tools, equipment, or supplies, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the state, the provisions for competitive bidding do not apply; and the department may authorize or purchase such materials, machinery, tools, equipment, or supplies without giving opportunity for competitive bidding thereon. The department shall, within 10 days after such determination and purchase, file with the head of the Department of Management Services a written statement of the materials, machinery, tools, equipment, or supplies purchased and a certificate as to the conditions and circumstances constituting such emergency.

(3) When the department advertises for bids on a contract for supplies, materials, equipment, or other items needed by the department, specifications shall be drafted in such manner as will afford adequate protection to the state as to quality and performance, but specifications shall not be drafted in any manner which will preclude competition in bidding.

History.—s. 81, ch. 29965, 1955; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 112, ch. 71-377; s. 134, ch. 84-309; s. 18, ch. 85-180; s. 29, ch. 90-268; s. 281, ch. 92-279; s. 55, ch. 92-326; s. 33, ch. 96-323.

F.S. 337.02 on Google Scholar

F.S. 337.02 on Casetext

Amendments to 337.02

Arrestable Offenses / Crimes under Fla. Stat. 337.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE RFC AND RESCAP LIQUIDATING TRUST ACTION, 332 F. Supp. 3d 1101 (D. Minn. 2018)

. . . . § 337.02, as recognized in Katzner v. Kelleher Constr. , 545 N.W.2d 378, 381 (Minn. 1996) ). . . .

DEPARTMENT OF TRANSPORTATION, v. CSX TRANSPORTATION, INC., 128 So. 3d 209 (Fla. Dist. Ct. App. 2013)

. . . See § 337.02, Fla. . . .

HARLEYSVILLE INSURANCE COMPANY, v. PHYSICAL DISTRIBUTION SERVICES, INC., 716 F.3d 451 (8th Cir. 2013)

. . . . § 337.02. See Katzner v. Kelleher Const., 545 N.W.2d 378, 381 (Minn.1996). . See. . . . "contained in, or executed in connection with, a building and construction contract,” Minn.Stat. § 337.02 . . . Compare Minn.Stat. § 337.02 (rendering unenforceable indemnification agreements that shift liability . . . whereby a promisor agrees to provide specific insurance coverage for the benefit of others” from § 337.02 . . .

TARGET CORP. v. ALL JERSEY JANITORIAL SERVICE, INC., 916 F. Supp. 2d 909 (D. Minn. 2013)

. . . . § 337.02 (2012), nor public policy render the Agreement’s indemnity provision unenforceable. . . . Minn.Stat. § 337.02. . . .

ADT SECURITY SERVICES, INC. v. SWENSON, T. M. L. T. B. L. T. J. L. T. M. L. Co- Co- P., 276 F.R.D. 278 (D. Minn. 2011)

. . . . §§ 337.01, subd. 2, 337.02. . . .

UNITED STATES FIDELITY GUARANTEE INSURANCE COMPANY L. A. d b a v. COMMERCIAL UNION MIDWEST INSURANCE COMPANY, 430 F.3d 929 (8th Cir. 2005)

. . . . § 337.02, but allowing one party to provide insurance that covers the other party’s negligence, ■MinmStat . . .