# Fla. Stat. § 337.16: 337.16 Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing

> Florida · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.16

## Section

- **Citation:** Fla. Stat. § 337.16
- **Heading:** 337.16 Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing
- **Jurisdiction:** Florida
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Florida Code / Title XXVI / Chapter 337 / Section 337.16

## Text

(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.
nt, 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.

## Nearby sections

- [Fla. Stat. § 337.02 337.02 Purchases by department subject to competitive bids; advertisement; emergency purchases; bid specifications.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.02.md)
- [Fla. Stat. § 337.03 337.03 Authority of department to purchase surplus properties from the Federal Government.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.03.md)
- [Fla. Stat. § 337.11 337.11 Contracting authority of department; bids; emergency repairs, supplemental agreements, and change orders; combined design and construction contracts; progress payments; records; requirements of vehicle registration.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.11.md)
- [Fla. Stat. § 337.14 337.14 Application for qualification; certificate of qualification; restrictions; request for hearing.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.14.md)
- [Fla. Stat. § 337.015 337.015 Administration of public contracts.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.015.md)
- [Fla. Stat. § 337.16 337.16 Disqualification of delinquent contractors from bidding; determination of contractor nonresponsibility; denial, suspension, and revocation of certificates of qualification; grounds; hearing.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.16.md)
- [Fla. Stat. § 337.17 337.17 Bid guaranty.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.17.md)
- [Fla. Stat. § 337.18 337.18 Surety bonds for construction or maintenance contracts; requirement with respect to contract award; bond requirements; defaults; damage assessments.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.18.md)
- [Fla. Stat. § 337.19 337.19 Suits by and against department; limitation of actions; forum.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.19.md)
- [Fla. Stat. § 337.023 337.023 Sale of building; acceptance of replacement building.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.023.md)
- [Fla. Stat. § 337.025 337.025 Innovative transportation projects; department to establish program.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.025.md)
- [Fla. Stat. § 337.25 337.25 Acquisition, lease, and disposal of real and personal property.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.25.md)
- [Fla. Stat. § 337.026 337.026 Authority of department to enter into agreements for construction aggregate materials.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.026.md)
- [Fla. Stat. § 337.26 337.26 Execution and effect of instruments of sale, lease, or conveyance executed by department.](https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.26.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_FL_TXXVI_C337_S337.16. Check the current official text before relying on it. Not legal advice.