Florida Statute 337.167 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

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

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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.

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Amendments to 337.167

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Cases Citing Statute 337.167

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White Constr. Co. v. State, Dep't of Transp., 526 So. 2d 998 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1390, 1988 Fla. App. LEXIS 2394, 1988 WL 59577

...White argues that the agency has announced its intention to find it delinquent on another project and such a finding would cause an automatic three-month suspension pursuant to section 337.16(l)(c). Appellee has responded in opposition to the stay. First, appellee points out that section 337.167(1) expressly states that a certificate such as is involved in this case is not á license for purposes of Florida’s Administrative Procedure Act. Second, appel-lee argues that the potential three-month suspension for a “second offense” is speculative at this point and not adequate grounds for issuance of a stay. We deny the motion to stay. Section 337.167(1) is somewhat ambiguous because in its first sentence it clearly states a certificate is not a license as defined in chapter 120....

...ot subject to the provisions of ... § 120.68(3)” (the stay as a matter of right provision). In the instant case, the order on appeal is a suspension, not a denial or revocation. Whether the omission of “suspension” from the second sentence of section 337.167(1) was deliberate or inadvertent cannot be determined and we have found no case authority construing this statutory provision....

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