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