The_2024_Florida_Statutes_287.082_1.pdf
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- Solicitation number
- 25580-RFP-DST
- Issued by
- Florida
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This document consists of Florida state statutes (Section 287.082 and 287.0822) governing procurement requirements for meat products in state and local government contracts, applicable to all state agencies, municipalities, political subdivisions, school districts, and special districts in Florida. The statutes establish mandatory inspection standards and preference provisions for beef and pork purchases. All solicitations for fresh or frozen meats must specify that only beef or pork inspected and passed by the United States Department of Agriculture or another USDA-approved state inspection program will be accepted. Suppliers and vendors are required to certify on invoices whether supplied meat is domestic or complies with USDA inspection requirements. Additionally, all solicitations for fresh or frozen meats using state or local funds must include language granting preference to "All American" and "Genuine Florida" meats or meat products as permitted under Section 287.082.
The statutes establish competitive sealed bid procedures wherein commodities manufactured, grown, or produced within Florida shall receive preference when two or more bids are received and all other factors—including price, quality, and service—are equal. Violations of these procurement requirements impose personal liability on violators to the affected public agency for any funds spent in violation of the provisions. These requirements are particularly relevant to the related contract opportunity for a Primary Foodservice Distributor serving Hernando County Public Schools (HCPS) for delivery of frozen, refrigerated, grocery, and dry foods to support USDA National School Breakfast and Lunch Programs, as the distributor must comply with all applicable Florida statutory procurement preferences and inspection requirements.
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The 2024 Florida Statutes (287.082)
Food solicitations: fresh or frozen meats
287.082 Commodities manufactured, grown, or produced in state given preference.—Whenever two or more competitive sealed bids are received, one or more of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced within this state shall be given preference.
History.—s. 22, ch. 69-106; s. 22, ch. 90-268; s. 2, ch. 95-168.
287.0822 Beef and pork; prohibition on purchase; bid specifications; penalty. —
(1) Fresh or frozen beef or pork that has not been inspected by the United States Department of Agriculture or by another state’s inspection program which has been approved by the United States Department of Agriculture shall not be purchased, or caused to be purchased, by any agency of the state or of any municipality, political subdivision, school district, or special district for consumption in this state or for distribution for consumption in this state. Solicitations issued by any agency of the state or of any municipality, political subdivision, school district, or special district for the purchase of fresh or frozen beef or pork must specify that only beef or pork inspected and passed by either the United States Department of Agriculture or by another state’s inspection program which has been approved by the United States Department of Agriculture will be accepted. The supplier or vendor shall certify on the invoice that the fresh or frozen beef or pork or imported beef or pork supplied is either domestic or complies with this subsection.
(2) All solicitations for purchase of fresh or frozen meats of any kind by any agency of the state or of any municipality, political subdivision, school district, or special district using state or local funds shall include the words: “‘All American’ and ‘Genuine Florida’ meats or meat products shall be granted preference as allowed by Section 287.082, Florida Statutes.”
(3) Any person who knowingly violates or causes to be violated the provisions of this section shall be personally liable to the affected public agency for any funds spent in violation of the provisions of this section.
History. —s. 1, ch. 77-61; s. 1, ch. 78-71; s. 2, ch. 87-400; s. 62, ch. 90-321; s. 46, ch. 94- 180; s. 3, ch. 95-168; s. 29, ch. 2000-308; s. 22, ch. 2002-207.
Note. —Former s. 585.3401; s. 585.89.
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