HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1331 Commodities Produced by Forced Labor
SPONSOR(S): State Affairs Committee, Constitutional Rights, Rule of Law & Government Operations
Subcommittee, Yeager
TIED BILLS: IDEN./SIM. BILLS: SB 7042
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Constitutional Rights, Rule of Law & 14 Y, 0 N, As CS Poreda Miller
Government Operations Subcommittee
2) State Administration & Technology 13 Y, 0 N Mullins Topp
Appropriations Subcommittee
3) State Affairs Committee 19 Y, 1 N, As CS Poreda Williamson
SUMMARY ANALYSIS
Florida law requires state agencies that wish to procure commodities or contractual services in excess of
$35,000 to use a competitive solicitation process. Depending on the type of contract and scope of work or
goods sought, an agency may use one of three procurement methods: invitation to bid, request for proposals,
or invitation to negotiate.
The Department of Management Services (DMS) maintains a vendor list based on the vendor registration
process and has been granted authority to remove from its vendor list any source of supply that fails to fulfill
any of its duties specified in a contract. DMS also maintains lists of disqualified, scrutinized, or removed
vendors.
The bill prohibits contracts with companies for commodities produced, in whole or in part, by forced labor. The
bill requires DMS to create and maintain a forced labor vendor list (List) of companies that have been
disqualified from public contracting for 365 days and to publish an updated version of the List quarterly.
Once a company is placed on the List, the bill provides that it may not submit a bid, proposal, or reply to an
agency, or enter into or renew a contract, to provide goods or services to an agency. Agencies may not accept
a bid, proposal, or reply from, or enter into or renew any contract with, a company that is on the List, unless the
company is removed from the List earlier.
The bill requires all competitive solicitations and written contracts to include a statement informing companies
of the requirements related to forced labor, and contracts entered into or renewed on or after July 1, 2024,
must contain a provision allowing the agency to terminate the contract if the company is placed on the List.
Upon receiving reasonable and credible information that a company submitted a false certification or provided
an agency with a commodity produced, wholly or in part, by forced labor, DMS must investigate and determine
whether good cause exists to place the company on the List and whether such placement is in the public
interest. If good cause exists and placement on the list is in the public interest, the bill requires DMS to provide
the company with written notification and provides hearing procedures and time requirements.
The bill provides penalties. It also provides that placement on the List does not affect any rights or obligations
under any contract, franchise, or other binding agreement that predates such placement on the List.
The bill may have an insignificant fiscal impact on state government, but does not appear to have a fiscal
impact on local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1331e.SAC
DATE: 2/14/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Government Contracting and Procurement
The Department of Management Services (DMS) is the primary state agency overseeing procurement.1
Its responsibilities include creating uniform agency procurement rules, 2 implementing the online
procurement program,3 and procuring state term contracts.4 DMS also is responsible for registering
vendors that wish to provide goods or services to the state5 and maintaining lists of vendors who may
not submit bids, proposals, or replies to agency solicitations. 6
Current law creates the procurement and contracting procedures for most state agencies. 7 In general,
the law requires the use of a competitive solicitation8 process when agencies wish to procure
commodities or contractual services that cost more than $35,000,9 with certain exceptions.10 Depending
on the type of contract and scope of work or goods sought, an agency may use one of three
procurement methods:
 Invitation to bid (ITB) — An agency must use an ITB when the agency is capable of specifically
defining the scope of work for which a contractual service is required or when the agency is
capable of establishing precise specifications defining the actual commodity or group of
commodities required.11
 Request for proposals (RFP) — An agency must use an RFP when the purposes and uses for
which the commodity, group of commodities, or contractual service being sought can be
specifically defined and the agency is capable of identifying necessary deliverables. 12
 Invitation to negotiate (ITN) — An ITN is a solicitation used by an agency that is intended to
determine the best method for achieving a specific goal or solving a particular problem and
identifies one or more responsive vendors with which the agency may negotiate in order to
receive the best value.13
1 See ss. 287.032 and 287.042, F.S.
2 See ss. 287.032(2) and 287.042(3), (4), and (12), F.S.
3 See s. 287.057(24), F.S.
4 See ss. 287.042(2) and 287.056, F.S.
5 See ss. 287.032 and 287.042, F.S.; see also Department of Management Services, Vendor Registration and Vendor Lists,
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists
(last visited February 8, 2024).
6 Ss. 287.1351, 287.133, 287.134, and 287.137, F.S.
7 See ch. 287, F.S. “Agency” means any of the various state officers, departments, boards, commissions, divisions, bureaus, and
councils and any other unit of organization, however designated, of the executive branch of state government. “Agency” does n ot
include the university and college boards of trustees or the state universities and colleges. S. 287.012(1), F.S.
8 “Competitive solicitation” means the process of requesting and receiving two or more sealed bids, proposals, or replies submitted by
responsive vendors in accordance with the terms of a competitive process, regardless of the method of procurement. S. 287.012(6),
F.S.
9 S. 287.057, F.S. $35,000 is the minimum threshold for Category 2 purchases, one of four purchasing categories. See s.287.017, F.S.
10 See s. 287.057(3)(e), F.S.
11 S. 287.057(1)(a), F.S.
12 S. 287.057(1)(b), F.S.
13 S. 287.057(1)(c), F.S.
STORAGE NAME: h1331e.SAC PAGE: 2
DATE: 2/14/2024
A competitive solicitation for contractual services in excess of $35,000 must be evidenced by a written
agreement (contract) embodying all provisions and conditions of the procurement.14 The contract must
include, but not be limited to, provisions on the following:
 Bills for fees or other compensation for services or expenses must be submitted in detail
sufficient for a proper preaudit and post audit of such items.15
 Bills for any travel expenses must be submitted in accordance with the law on per diem and
travel expenses of public officers, employees, or authorized persons.16
 Allowing unilateral cancellation by the agency for refusal by the contractor to allow public access
to all documents, papers, letters, or other material made or received by the contractor in
conjunction with the contract, unless the records are exempt.17
 Specifying a scope of work clearly establishing all tasks the contractor is required to perform.18
 Dividing the contract into quantifiable, measurable, and verifiable units of deliverables that must
be received and accepted in writing by the contract manager before payment.19
 Specifying the performance criteria and the final date by which such criteria must be met for
completion of the contract.20
 Specifying the conditions that must be met for a renewal of the contract, including, but not
limited to:21
o The contract may be renewed for a period not exceeding three years or the term of the
original contract, whichever is longer.
o The renewal price for the contractual service as set forth in the bid, proposal, or reply.
o Specifying that costs for the renewal may not be charged.
o Specifying that contract renewals are contingent upon satisfactory performance
evaluations by the agency and subject to the availability of funds;
 Specifying the financial consequences if the contractor fails to perform in accordance with the
contract.22
 Addressing the property rights of any intellectual property related to the contract and the specific
rights of the state regarding the intellectual property if the contractor fails to provide the services
or is no longer providing services.23
The contract must be signed by the agency head or designee and the contractor before the rendering
of any contractual service in excess of $35,000.24 The Chief Financial Officer (CFO) may waive the
contracting requirements for the procurement of certain specified commodities or services, unless
otherwise provided in the annual General Appropriations Act (GAA) or the substantive bill implementing
the GAA.25 A contract may not prohibit a contractor from lobbying the executive or legislative branch
concerning the scope of services, performance, term, or compensation regarding any contract to which
the contractor and a state agency are parties, after contract execution and during the contract term. 26
Each public agency contract for services must authorize the public agency to inspect the following
records within 10 days after the agency makes a request:27
14 S. 287.058(1), F.S., provides an exception for the written agreement for contractual services that provide health and mental health
services or drugs in the examination, diagnosis, or treatment of sick or injured state employees or p rovide other benefits as required by
ch. 440, F.S.
15 S. 287.058(1)(a), F.S.
16 S. 287.058(1)(b), F.S.
17 S. 287.058(1)(c), F.S.
18 S. 287.058(1)(d), F.S.
19 S. 287.058(1)(e), F.S.
20 S. 287.058(1)(f), F.S.
21 S. 287.058(1)(g), F.S.
22 S. 287.058(1)(h), F.S.
23 S. 287.058(1)(i), F.S.
24 S. 287.058(2), F.S.
25 S. 287.058(5), F.S., incorporates s. 287.057(3)(e), F.S., which lists 13 specific types of commodities or services for which the
contracting requirement may be waived, including, for example, artistic services, lectures by individuals, certain health services,
family placement services, and services or commodities provided by governmental entities.
26 S. 287.058(6), F.S.
27 S. 216.1366(1), F.S.
STORAGE NAME: h1331e.SAC PAGE: 3
DATE: 2/14/2024
 Financial records, papers, and documents of the contractor that are directly related to the
performance of the contract or the expenditure of state funds.28
 Programmatic records, papers, and documents of the contractor that the public agency
determines are necessary to monitor the performance of the contract or to ensure that the terms
of the contract are being met.29
Vendors
Vendors seeking to provide goods or services to the state must register in the Vendor Registration
System. In order to register, a vendor must provide its company name, federal tax identification
number, tax filing name, business location, commodities and services offered, and certified business
and enterprise status. Once registered, vendors are able to do business with the State of Florida
executive branch agencies through the Vendor Information Portal (VIP). The VIP is designed to
streamline interactions with vendors and state government entities that purchase goods and services.
The system provides a portal where vendors can complete the registration process, receive information
on upcoming bids, post information on products and services they can provide to the state, receive
purchase orders, view payment information, and review their performance. 30
The Vendor Bid System allows agencies to post competitive solicitations of $35,000 or more for all
vendors to review.31
DMS Vendor Lists
DMS maintains a vendor list based on the vendor registration process,32 and may remove from the
vendor list any source of supply that fails to fulfill any of its duties specified in a contract.33 DMS also
maintains the following lists of disqualified, scrutinized, or removed vendors:
 Suspended Vendor List.34
 Convicted Vendor List.35
 Discriminatory Vendor List.36
 Antitrust Violator Vendor List.37
 Scrutinized List of Prohibited Companies.38
Suspended Vendor List
DMS maintains a list of vendors that have been removed from the vendor list for failing to fulfill any
duties specified in their contracts with the state.39 If a vendor fails to perform the duties provided in the
vendor’s contract, the agency must notify DMS if the vendor meets the grounds for suspension and
provide documentation.40 If DMS determines good cause exists to remove the vendor, DMS must then
notify the vendor in writing of its intent to remove the vendor from the vendor list and of the vendor's
28 S. 216.1366(1)(a), F.S.
29 S. 216.1366(1)(b ), F.S.
30 The Department of Management Services, Vendor Resources, available at
https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources (last visited, January 18, 2024).
31 Id.
32 S. 287.042, F.S. See also The Department of Management Services, Vendor Resources, available at
https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources (last visited, January 18, 2024).
33 S. 287.042(1)(b), F.S.
34 S. 287.1351, F.S.
35 S. 287.133, F.S.
36 S. 287.134, F.S.
37 S. 287.137, F.S.
38 S. 287.135, F.S.
39 S. 287.1351, F.S. See Vendor Registration and Vendor Lists, available at
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_list s
(last visited February 8, 2024).
40 S. 287.1351(2), F.S.
STORAGE NAME: h1331e.SAC PAGE: 4
DATE: 2/14/2024
right to file a petition for an administrative hearing.41 A vendor on the suspended vendor list is not
eligible to receive a contract from any agency until the vendor is removed from the suspended vendor
list.42 A vendor placed on the suspended vendor list must wait at least one year before it may file a
petition with DMS for removal from the suspended vendor list.43 If a petition for removal is denied, the
vendor must wait at least nine months after the date of the denial before petitioning for another hearing.
DMS may petition for a suspended vendor's removal before the expiration of such period if, in the
discretion of DMS, removing that vendor from the suspended vendor list would be in the public
interest.44
Currently, five vendors are on the Suspended Vendor List.45
Convicted Vendor List
DMS has a list of vendors who have been disqualified from the public contracting and purchasing
process due to conviction for a public entity crime.46 A vendor who has been placed on the convicted
vendor list may not submit a bid, proposal, or reply on a contract to provide goods or services to a
public entity, and a public entity may not accept any bid, proposal, or reply from, award any contract to,
or contract any business with, a vendor on the convicted vendor list.47
After receiving information that a vendor has been convicted of a public entity crime, DMS must
investigate and determine whether good cause exists to place the vendor on the convicted vendor list.
If good cause exists, DMS must provide written notification to the vendor of its intent to place that
vendor on the convicted vendor list and of the vendors’ legal rights. If the vendor does not request an
administrative hearing, DMS must enter a final order placing the vendor on the convicted vendor list. 48
A vendor placed on the convicted vendor list may petition for removal from the list no sooner than six
months from the date of the final order placing the vendor on that list. A vendor’s removal is subject to
such conditions as may be prescribed by the administrative law judge (ALJ) upon a determination that
removal from the list is in the public interest. If a petition for removal is denied, the vendor may not
petition for another hearing on removal for a period of nine months after such denial, unless the petition
is based upon a reversal of the conviction on appellate review or a pardon. DMS may petition for
removal prior to the expiration of such period if, in its discretion, it determines that removal would be in
the p