CopyCited 18 times | Published | Florida 1st District Court of Appeal | 1998 WL 896451
...n for directed verdict and/or judgment notwithstanding the verdict. In addition to previous arguments, in connection with its motion the state asserted that Dean Cnudde was prohibited from entering into the April 24, 1990 contract with Dr. Parker by section 287.0582, Florida Statutes (1989), [4] and rule 6C-5.211(3)(c), Florida Administrative Code....
...able in the college. Further, and significantly to the instant case, Provost Turnbull wrote a memo to Dean Cnudde advising the dean that the provost would support whatever measures the dean took to keep Dr. Parker. We also agree with Dr. Parker that section
287.0582, Florida Statutes (1989), does not apply to the instant contract. Section
287.0582 prohibits a public officer from entering into a contract on behalf of the state "for the purchase of services or tangible personal property for a period in excess of 1 fiscal year" unless the payment is made contingent on legislative appropriation. As used in section
287.0582, "the purchase of services" refers to contractual services which are defined in section
287.012(4)(a) as applying only to those services rendered by independent contractors. Tenured faculty are considered permanent employees of the university, not independent contractors. See rule 6C-5.225(2)(b), Fla. Admin. Code (repealed 1996). Thus, section
287.0582 does not apply here....
...[2] Section 240.227(5) gives each university president authority to appoint university personnel and provide their compensation. [3] Section 240.227(12) gives each university president the authority to execute contracts for goods, equipment, and services, including educational services. [4] Section 287.0582, Florida Statutes (1989), prohibits a public officer from entering into a contract on behalf of the state "for the purchase of services or tangible personal property for a period in excess of 1 fiscal year," unless the contract conta...
