Florida Statutes 287.0823 – Preference to commodities grown or produced in Florida
Current as of: 2024 | Check for updates
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(1) By 2025 or upon expiration of any existing food service contract, whichever is earlier, all food commodities purchased by a state agency, a state university, a Florida College System institution, or any contracted food service provider thereof must be grown or produced in this state when available, practical, and feasible.
(2) Notwithstanding any other provision of this section, and to the extent authorized by federal law, such state agencies, state universities, Florida College System institutions, and contracted food service providers thereof shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in s. 823.14, of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product.
(3) A competitive solicitation for the purchase of food commodities may give preference over other vendors to a responsive and responsible vendor who agrees to fulfill the contract through the use of food commodities grown or produced in this state, provided that such preference does not exceed 10 percent of the total score allocated to price or does not result in a price increase greater than 10 percent.
(4) By November 1, 2024, and each November 1 biennially thereafter, the department shall prepare and submit a report to the Governor, the Cabinet, the President of the Senate, and the Speaker of the House of Representatives which describes the amount of food commodities grown or produced in this state which were purchased according to the requirements of this section. In order to compile such report, the department shall adopt by rule a form to be submitted to the department by each state agency, state university, and Florida College System institution, or contracted food service provider thereof that purchases food commodities. Such state entities shall submit the form to the department by August 1, 2024, and each August 1 biennially thereafter. The report must contain, at a minimum, all of the following information:
(a) The total expenditures on, and the quantity purchased of, food commodities by each state agency, state university, and Florida College System institution.
Terms Used In Florida Statutes 287.0823
- Agency: means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of the executive branch of state government. See Florida Statutes 287.012
- Competitive solicitation: means the process of requesting and receiving two or more sealed bids, proposals, or replies submitted by responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement. See Florida Statutes 287.012
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Management Services. See Florida Statutes 287.012
- Responsible vendor: means a vendor who has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. See Florida Statutes 287.012
(b) The total expenditures on, and the quantity purchased of, food commodities grown or produced in this state by each state agency, state university, and Florida College System institution.
(c) The total expenditures on food commodities grown or produced outside of this state by each state agency, state university, and Florida College System institution.
(d) A statement and assessment of the good faith efforts of, and any failures by, each state agency, state university, or Florida College System institution, or any contracted food service provider thereof to comply with this section.