(1) When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within 7 working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of 1 percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney’s fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section.
(2) This section shall not apply when the contract between the contractor and subcontractors or subvendors provides otherwise, or when payments under the contract are otherwise governed by ss. 255.0705-255.078.
History.—s. 5, ch. 85-104; s. 2, ch. 89-200; s. 9, ch. 91-162; s. 14, ch. 2005-230.
Structure Florida Statutes
Chapter 287 - Procurement of Personal Property and Services
Part I - Commodities, Insurance, and Contractual Services (Ss. 287.001-287.137)
287.017 - Purchasing categories, threshold amounts.
287.022 - Purchase of insurance.
287.032 - Purpose of department.
287.042 - Powers, duties, and functions.
287.056 - Purchases from purchasing agreements and state term contracts; vendor disqualification.
287.057 - Procurement of commodities or contractual services.
287.05705 - Procurements of road, bridge, and other specified public construction services.
287.0571 - Business case to outsource; applicability.
287.0572 - Present-value methodology.
287.0575 - Coordination of contracted services.
287.05805 - Contract requirement for use of state funds to purchase or improve real property.
287.0582 - Contracts which require annual appropriation; contingency statement.
287.0585 - Late payments by contractors to subcontractors and suppliers; penalty.
287.059 - Private attorney services.
287.0591 - Information technology; vendor disqualification.
287.0595 - Pollution response action contracts; department rules.
287.063 - Deferred-payment commodity contracts; preaudit review.
287.064 - Consolidated financing of deferred-payment purchases.
287.0641 - Agreement not debt or pledge of faith or credit of state.
287.0731 - Team for contract negotiations.
287.074 - Prohibited actions by contractor personnel.
287.075 - Materially interested contractor; prohibition on certain activities.
287.082 - Commodities manufactured, grown, or produced in state given preference.
287.0821 - All American and Genuine Florida meat or meat products.
287.0822 - Beef and pork; prohibition on purchase; bid specifications; penalty.
287.083 - Purchase of commodities.
287.0831 - Limitation on purchases to replace damaged state agency equipment; assessment protocols.
287.0834 - Motor vehicles; energy-saving equipment and additives.
287.084 - Preference to Florida businesses.
287.087 - Preference to businesses with drug-free workplace programs.
287.092 - Preference to certain foreign manufacturers.
287.0931 - Minority business enterprises; participation in bond underwriting.
287.0935 - Surety bond insurers.
287.0943 - Certification of minority business enterprises.
287.09451 - Office of Supplier Diversity; powers, duties, and functions.
287.095 - Department of Corrections; prison industry programs.
287.131 - Assistance of Department of Financial Services.
287.132 - Legislative intent with respect to integrity of public contracting and purchasing process.
287.135 - Prohibition against contracting with scrutinized companies.
287.1351 - Suspended vendors; state contracts.