The_2024_Florida_Statutes_287.082.pdf
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- Solicitation number
- 26039-RFP-DST
- Issued by
- Florida
About this file
This file contains statutory guidance from the 2024 Florida Statutes (sections 287.082 and 287.0822) governing procurement preferences and requirements for meat purchases by Florida state agencies, municipalities, political subdivisions, school districts, and special districts. The statutes establish mandatory preferences for domestically produced commodities and establish specific inspection and certification standards for beef and pork procurement.
Section 287.082 mandates that when two or more competitive sealed bids are received for commodities manufactured, grown, or produced within Florida, and when all factors including price, quality, and service are equal, preference shall be given to in-state commodities. Section 287.0822 imposes additional restrictions specific to fresh or frozen beef and pork, requiring that all such products be inspected and approved by either the United States Department of Agriculture or by another state's USDA-approved inspection program. All solicitations for fresh or frozen meats must specify these inspection requirements and include mandatory language granting preference to "All American" and "Genuine Florida" meats or meat products as allowed by statute. Suppliers and vendors are required to certify on invoices whether supplied meats are domestic or compliant with inspection standards. The statute provides that any person who knowingly violates these provisions is personally liable to the affected public agency for any funds spent in violation. These statutory requirements are directly applicable to the Hillsborough County Public Schools Fresh Fruit & Vegetable Program contract opportunity, which involves procurement of fresh produce for student nutrition services using state or local funds.
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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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