Florida 2022 Regular Session

Florida House Bill H1057 Latest Draft

Bill / Enrolled Version Filed 03/07/2022

                                    
ENROLLED 
CS/CS/HB 1057  	2022 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1057-03-er 
Page 1 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
      1 
An act relating to evidence of vendor financial 2 
stability; amending s. 287.057, F.S.; authorizing an 3 
agency to establish financial stability criteria and 4 
require a vendor to demonstrate financial stability; 5 
providing that an agency that requires a vendor to 6 
demonstrate financial stability during a competitive 7 
solicitation process must accept certain evidence; 8 
defining the term "financial stability"; providi ng 9 
construction; providing an effective date. 10 
 11 
Be It Enacted by the Legislature of the State of Florida: 12 
 13 
 Section 1.  Subsection (27) is added to section 287.057, 14 
Florida Statutes, to read: 15 
 287.057  Procurement of commodities or contractual 16 
services.— 17 
 (27)(a)  In determining whether a vendor is a responsible 18 
vendor, an agency may establish financial stability criteria and 19 
require a vendor to demonstrate its financial stability. If an 20 
agency requires a vendor to demonstrate its financial stability 21 
during the competitive solicitation process, the agency must 22 
accept any of the following as evidence of the vendor's 23 
financial stability: 24 
 1.  Audited financial statements that demonstrate the 25          
ENROLLED 
CS/CS/HB 1057  	2022 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1057-03-er 
Page 2 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
vendor's satisfaction of financial stability criteria. 26 
 2.  Documentation of an investment grade rating from a 27 
credit rating agency designated as a nationally recognized 28 
statistical rating organization by the Securities and Exchange 29 
Commission. 30 
 3.a.  For a vendor with annual revenues exceeding $1 31 
billion, a letter con taining a written declaration, pursuant to 32 
s. 92.525, issued by the chief financial officer or controller 33 
attesting that the vendor is financially stable and meets the 34 
definition of financial stability in paragraph (b). 35 
 b.  For a vendor with annual revenu es of $1 billion or 36 
less, documentation, based on criteria established by the 37 
agency, evidencing that the vendor is financially stable and 38 
meets the definition of financial stability in paragraph (b). 39 
The criteria established by the agency shall be reasona bly 40 
related to the value of the contract and may not include audited 41 
financial statements. 42 
 (b)  For purposes of this subsection, the term "financial 43 
stability" means, at a minimum, having adequate income and 44 
capital and the capacity to efficiently allocat e resources, 45 
assess and manage financial risks, and maintain financial 46 
soundness through the term of the contract. 47 
 (c)  This subsection does not preclude an agency from 48 
requiring a performance bond for the duration of the contract, 49 
when appropriate. 50          
ENROLLED 
CS/CS/HB 1057  	2022 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1057-03-er 
Page 3 of 3 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 Section 2.  This act shall take effect upon becoming a law. 51