The Florida Senate

325.208  Protests of contract awards and requests for proposals.--

(1)  The provisions of s. 120.57(3) shall control all protests of requests for proposals and contract awards, except that any person who wishes to file an action protesting the specifications or requirements of the request for proposals may do so within 10 days after publication of the request for proposals and may not file any other protest with respect to requests for proposals, and any subsequent protest action shall be filed in response to the contract award only and in accordance with the provisions of chapter 120.

(2)  Any person who files an action protesting a contract awarded under this act shall post with the department, at the time of filing the formal written protest, a bond payable to the department in the amount of $500,000. The bond shall be conditioned upon the payment of all costs which may be adjudged against him or her in the administrative hearing in which the action is brought and any subsequent appellate court proceeding. If, after completion of the administrative hearing and any subsequent appellate court proceedings, the department prevails, it shall recover all costs and charges included in the final order of judgment. Such costs and charges include the cost to the state of any delays caused by the award protest and are not limited to the amount of the bond. Upon payment of such costs and charges by the person protesting the award, the bond shall be returned to that person. If the person protesting the contract award prevails, that person may recover from the department all costs and charges incurred, excluding attorney's fees.

History.--s. 8, ch. 88-129; s. 36, ch. 90-302; s. 445, ch. 95-148; s. 68, ch. 96-410.