The florida sunshine law and evaluation committees
| Date | 01 March 2017 |
| Pages | 95-107 |
| Published date | 01 March 2017 |
| DOI | https://doi.org/10.1108/JOPP-03-01-2003-B005 |
| Author | Kirk W. Buffington |
| Subject Matter | Public policy & environmental management,Politics,Public adminstration & management,Government,Economics,Public Finance/economics,Texation/public revenue |
JOURNAL OF PUBLIC PROCUREMENT, VOLUME 3, ISSUE 1, 95-107 2003
PRACTITIONERS’ CORNER
THE FLORIDA SUNSHINE LAW AND EVALUATION
COMMITTEES
Kirk W. Buffington*
ABSTRACT. Within each political subdivision of the state of Florida, there is an
ordinance which applies to the procurement of goods and services for agencies
under its jurisdiction. One common requirement in all these ordinances is the use of
the Request for Proposal when purchasing goods or services above a given
threshold. In contrast to an Invitation to Bid, the RFP is structured in such a way as
to allow other criteria t o be evaluated, along with the bottom line price submitted by
vendors. The issue in this analysis is whether each meeting of the evaluation
committee set up to review these criteria is subject to Florida’s Sunshine Law.
Several court decisions and opinions of Attorneys General have held that meetings
of ad-hoc committees, advisory committees, and other panels of staff or non-staff
members are subject to the Sunshine Law. It appears clear, after a discussion of a
few cases relating to the Sunshine Law, that any agency procurement officer must
be very careful to avoid even the suggestion of making any recommendation outside
of the public view. Public notice should be posted at least seventy-two hours prior
to any meeting of the committee. Only by closely adhering to both the letter and the
intent of the law will procurement officers avoid having their agency brought into
court for a violation of the Sunshine Law.
INTRODUCTION
Within each political subdivision of the state of Florida, there is an
ordinance which applies to the procurement of goods and services for
---------------------------
* Kirk W. Buffington, MBA, Director, Purchasing Division, City of Fort
Lauderdale. His research interest is in the area of public procurement.
Copyright © 2003 by PrAcademics Press
To continue reading
Request your trial