The Florida Senate

217.001  Permanent state plan of operation for receipt of federal surplus property.

217.01  Purpose.

217.02  Definitions.

217.03  Authority to contract with federal agencies.

217.04  Department of Management Services as state agency to negotiate with federal agency.

217.045  Department of Management Services; assistance to state agencies.

217.05  Continuation of commitments made by Development Commission.

217.07  Transfer of surplus property assets to department.

217.11  Department of Management Services; authority to construct and maintain warehouses and other facilities.

217.12  Departmental authority relative to additional restrictions.

217.13  Officers and employees.

217.14  Adoption of rules.

217.15  Assembly and distribution of information.

217.16  Authority granted to other public entities of the state.

217.17  Designation of officers or employees in connection with bids and payment of moneys.

217.18  Exemption from compliance with laws relative to sealed bids.

217.19  Terms for contracts pursuant to ss. 217.03 and 217.16.

217.20  Construction of ch. 65-173.

217.001  Permanent state plan of operation for receipt of federal surplus property.--The Plan of Operation of the Federal Surplus Property Donation Program, approved by the Governor in Executive Order Number 77-36 and by the General Services Administration on October 17, 1977, is adopted as the permanent state plan of operation.

History.--s. 1, ch. 83-31.

217.01  Purpose.--The purpose of this chapter is to provide authority to a designated state agency for the procurement and distribution of federal surplus personal property for public agencies; for eligible nonprofit, tax-exempt educational and health organizations; and for eligible nonprofit, tax-exempt organizations that assist the homeless.

History.--s. 1, ch. 65-173; s. 9, ch. 83-334; s. 161, ch. 92-279; s. 55, ch. 92-326.

217.02  Definitions.--As used in this act, the term:

(1)  "Department" means the Department of Management Services.

(2)  "Surplus property" means any federal property which has been declared excess by a federal agency, including the Department of Defense, and made available for procurement and distribution in the state in compliance with the Federal Property and Administrative Services Act of 1949, and subsequent amendments thereto, or any other federal law provided for the procurement and distribution of federal excess and surplus property.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 49, ch. 71-377; s. 162, ch. 92-279; s. 55, ch. 92-326; s. 30, ch. 94-226.

217.03  Authority to contract with federal agencies.--The state is granted authority to enter into any contract with the United States or any other owner or disposal agency thereof for the lease, purchase, or other procurement of any equipment, supplies, materials or other property real or personal offered for lease or disposal, or to accept donations from such federal agencies as provided for under the Federal Property and Administrative Services Act of 1949 and subsequent amendments thereto, or any other federal law provided for the procurement and distribution of federal surplus property.

History.--s. 1, ch. 65-173.

217.04  Department of Management Services as state agency to negotiate with federal agency.--The Department of Management Services is designated the official agency of the state to negotiate with any federal agency in accordance and compliance with the Federal Property and Administrative Services Act of 1949 and subsequent amendments thereto, and any other federal law or regulation providing for the procurement and distribution of federal surplus personal property.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 64, ch. 77-104; s. 163, ch. 92-279; s. 55, ch. 92-326.

217.045  Department of Management Services; assistance to state agencies.--The Department of Management Services may follow whatever procedure is considered necessary to enable state agencies to take advantage of surplus property allocated to the state by the Federal Government or by its disposal agencies.

History.--s. 2, ch. 77-112; s. 164, ch. 92-279; s. 55, ch. 92-326; s. 31, ch. 94-226; s. 7, ch. 98-279.

217.05  Continuation of commitments made by Development Commission.--Any legal commitments, contracts or other obligations heretofore entered into or assumed by the commission in connection with its procurement and distribution of surplus property pursuant to state and federal laws outstanding on the effective date of this law are charged to and shall be performed by the department.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106.

217.07  Transfer of surplus property assets to department.--The State Treasurer is authorized to transfer to the department any funds unexpended in the Surplus Property Revolving Trust Fund account in the State Treasury. This revolving fund shall remain in existence as a separate trust fund as long as the surplus property program exists. Upon termination of the program any remaining funds shall be disposed of as provided by federal law.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 68, ch. 73-333; s. 330, ch. 92-279; s. 55, ch. 92-326.

217.11  Department of Management Services; authority to construct and maintain warehouses and other facilities.--The department is authorized to construct and maintain such warehouses and other facilities necessary for carrying out the purposes of this chapter.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 2, ch. 75-70; s. 32, ch. 85-349; s. 8, ch. 98-279.

217.12  Departmental authority relative to additional restrictions.--The department, when deemed necessary, may impose additional state restrictions on any equipment or surplus property other than the federal restrictions imposed under the Federal Property and Administrative Services Act of 1949.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106.

217.13  Officers and employees.--The department is authorized to appoint or employ such agents, officers or employees as it shall deem necessary for carrying out the provisions of this chapter.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 70, ch. 73-333.

217.14  Adoption of rules.--The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 1, ch. 77-117; s. 25, ch. 98-200.

217.15  Assembly and distribution of information.--The department is authorized to secure, gather and assemble from the United States, or any owning or disposal agency thereof, information relating to the lease, sale or procurement and distribution of any equipment, supplies, materials or other property, real or personal, offered for procurement or distribution under the provisions of the Federal Property and Administrative Services Act of 1949, or any amendments thereto, or any other law providing for the disposal of surplus property. The department shall distribute and disseminate such information to the several boards, commissions, departments, state agencies and officers of the state, and the several counties of the state, boards of county commissioners, school boards, and other county agencies and officers, and municipalities of the state, and officers thereof, authorized by law to make purchases of material, supplies, and equipment or other property, real or personal, for state, county or municipal uses or purposes. The department may act as agent for any board, commission, department, state agency or officer of the state, or any of the several counties of the state, boards of county commissioners, school boards, and any other county agency and officer, or municipality of the state, and officers thereof, to enter a bid or bids in its or their behalf for any surplus property, real or personal, offered for lease, sale or other disposal by the United States, or any owning or disposal agency thereof, and as such agent to make any down payment or payment in full required in connection with such bidding.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106; s. 1, ch. 69-300.

217.16  Authority granted to other public entities of the state.--The authority granted to the state by s. 217.03, pertaining to surplus property is also granted to the following public entities of the state:

(1)  Every county of the state, boards of county commissioners, school boards, or other county agency, and every county officer authorized by law to make purchases of material, supplies and equipment or other property, real or personal, for county use or purposes.

(2)  Every municipality of the state, and every officer thereof, authorized by law to make purchases of material, supplies and equipment or other property, real or personal, for municipal use or purposes.

History.--s. 1, ch. 65-173; s. 1, ch. 69-300.

217.17  Designation of officers or employees in connection with bids and payment of moneys.--The department and any public entity listed in s. 217.16, may designate by appropriate resolution or order any officer, employee or agency to enter a bid or bids in its or their behalf for any surplus property, real or personal, offered for lease, sale or other disposal by the United States, or any owning or disposal agency thereof, and may authorize such officer, employee or agency to make any down payment, or payment in full, required in connection with such bidding.

History.--s. 1, ch. 65-173; ss. 22, 35, ch. 69-106.

217.18  Exemption from compliance with laws relative to sealed bids.--The authority granted by ss. 217.03 and 217.16, may be exercised by the grantees of such authority without reference to the requirements of any general or special law, charter or ordinance, providing for advertising for sealed bids, inviting or receiving competitive bids, or the letting of contracts to the lowest and best bidder, and with respect to, and to the extent of, the contracts herein authorized, all general or special laws, charters or ordinances relating to advertising for sealed bids, inviting or receiving competitive bids, or the letting of contracts to the lowest and best bidder, are hereby abrogated, in order to effectuate the purposes of this law.

History.--s. 1, ch. 65-173.

217.19  Terms for contracts pursuant to ss. 217.03 and 217.16.--The contracts authorized by ss. 217.03 and 217.16, may be entered into for cash, or upon such credit terms or plan not in conflict with organic law, and as may be deemed advisable or expedient; any general or special law, charter or ordinance to the contrary is hereby modified to the extent of permitting entering into the contracts herein authorized, in order to effectuate the purposes of this chapter.

History.--s. 1, ch. 65-173.

217.20  Construction of ch. 65-173.--No provisions of ss. 217.01-217.19 shall be construed as in anywise repealing, altering, modifying or qualifying any general or special law, charter or ordinance, relating to advertising for sealed bids, inviting or receiving competitive bids, or the letting of contracts to the lowest and best bidder, or purchasing of property on credit terms, except to the extent herein provided.

History.--s. 1, ch. 65-173.