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Florida Statute 337.16 | Lawyer Caselaw & Research
F.S. 337.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 337.16

The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
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 from cite.case.law:

MITCHELL BROTHERS, INC. v. STATE Of DEPARTMENT OF TRANSPORTATION,, 686 So. 2d 756 (Fla. Dist. Ct. App. 1997)

. . . contract action is not available in the separate administrative proceeding being pursued under section 337.16 . . .

D. A. B. CONSTRUCTORS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 656 So. 2d 940 (Fla. Dist. Ct. App. 1995)

. . . 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. . . .

STATE DEPARTMENT OF TRANSPORTATION, v. CLARK CONSTRUCTION COMPANY, INC., 621 So. 2d 511 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

WHITE CONSTRUCTION COMPANY, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 535 So. 2d 684 (Fla. Dist. Ct. App. 1988)

. . . finding appellant delinquent in its completion of a construction contract and, pursuant to section 337.16 . . .

WHITE CONSTRUCTION COMPANY, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 526 So. 2d 998 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .

STATE FLORIDA, DEPARTMENT OF TRANSPORTATION, v. L. GARY, Co., 513 So. 2d 1338 (Fla. Dist. Ct. App. 1987)

. . . 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 . . .

SHURLY CONTRACTING, INC. v. DEPARTMENT OF TRANSPORTATION,, 477 So. 2d 24 (Fla. Dist. Ct. App. 1985)

. . . The hearing officer determined that Shurly was delinquent pursuant to section 337.16(1), Florida Statutes . . .

MICHAEL CONSTRUCTION COMPANY, v. DEPARTMENT OF TRANSPORTATION, 10 Fla. Supp. 2d 159 (Fla. Div. Admin. Hearings 1985)

. . . 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 . . .

WHITE CONSTRUCTION COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION, 11 Fla. Supp. 2d 188 (Fla. Div. Admin. Hearings 1985)

. . . 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 . . .

CAPELETTI BROTHERS, INC. v. STATE DEPARTMENT OF TRANSPORTATION,, 362 So. 2d 346 (Fla. Dist. Ct. App. 1978)

. . . 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 . . .

COUCH CONSTRUCTION COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION,, 361 So. 2d 184 (Fla. Dist. Ct. App. 1978)

. . . 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 . . .

WHITE CONSTRUCTION COMPANY, INC. a v. DIVISION OF ADMINISTRATION, STATE DEPARTMENT OF TRANSPORTATION,, 281 So. 2d 194 (Fla. 1973)

. . . (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 . . .