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. 337.167

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

History.—s. 4, ch. 83-4; s. 40, ch. 91-221; s. 73, ch. 96-410.

F.S. 337.167 on Google Scholar

F.S. 337.167 on Casetext

Amendments to 337.167

Arrestable Offenses / Crimes under Fla. Stat. 337.167

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.167.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . First, appellee points out that section 337.167(1) expressly states that a certificate such as is involved . . . Section 337.167(1) is somewhat ambiguous because in its first sentence it clearly states a certificate . . . Whether the omission of “suspension” from the second sentence of section 337.167(1) was deliberate or . . .