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The Florida Statutes

The 1995 Florida Statutes

Title XIX
PUBLIC BUSINESS
Chapter 287
Procurement Of Personal Property And Services
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[Footnote 1] 287.056 Agency purchases from agreements and contracts executed by the division and from local purchasing sources; Auditor General review. ---

(1) Agencies shall purchase commodities and contractual services from the purchasing agreements and contracts negotiated and executed by the division, as authorized in s. 287.042(2), when the cost of such purchase exceeds the threshold amount provided in s. 287.017 for CATEGORY TWO.

(2)

(a) For purchases that do not exceed the threshold amount provided in s. 287.017 for CATEGORY TWO, agencies may purchase a commodity or contractual service from a local purchasing source if the cost of such commodity or contractual service is less than that provided by the agreements and contracts negotiated and executed by the division. In calculating the cost of a commodity or contractual service to be purchased from a local purchasing source, the agency shall include all delivery costs and any administrative costs associated with negotiating, preparing, and executing the contract for such commodity or contractual service.

(b) Before purchasing a commodity or contractual service from a local purchasing source, the agency shall consider whether the specifications, terms, and conditions for such commodity or contractual service meet or exceed the specifications, terms, and conditions negotiated and executed by the division.

(3)

(a) For each purchase of a commodity or contractual service by an agency from a local purchasing source when such commodity or contractual service was available through the agreements and contracts negotiated and executed by the division, the agency shall document and justify how such purchase provided a cost savings to the state.

(b) Such documentation and justification shall be included on or attached to copies of purchase orders filed in the agency fiscal office and filed with the State Comptroller in support of a payment request.

(c) When authorized to audit the administrative services function of any state agency, the Auditor General shall include, as part of that review, a sample of the documentation and justification attached to purchase orders which are filed in the agency fiscal office as required by this subsection. If the Auditor General finds that the savings identified by the agency have not been adequately documented, that no actual savings were realized, or that the agency has not complied with the provisions of this section, he or she shall include a statement of fact in his or her audit report on the agency. The Auditor General shall also review the provisions of s. 287.042(2) and this section to determine the fiscal savings impact of these provisions on state purchasing, and report his or her findings and recommendations to the Legislature by January 1, 1994.

(4) This section expires October 1, 1997, and shall be reviewed by the Legislature in advance of that date. As part of its oversight function, the Legislature shall annually review the fiscal impact of this section on the state contracting process to ensure that the provisions of this section support the intent of this chapter to provide equitable and economical state purchasing. History: s. 17, ch. 92-98; s. 109, ch. 92-142; s. 213, ch. 95-148; s. 30, ch. 95-196; s. 3, ch. 95-216. [Footnote 1] Note. Section 55, ch. 95-196, provides that "nothing in this act shall be construed to authorize a state agency to discontinue the collection and maintenance of information contained in any required report repealed or modified by this act, unless the state agency is specifically authorized to discontinue such collection and maintenance pursuant to this act or another section of law."