F.S. 112.08(2)(a) - Part 1
F.S. 112.08(2)(a) - Part 1
F.S. 112.08(2)(a) - Part 1
Notwithstanding any general law or special act to the contrary, every local governmental unit is authorized to provide and pay out of its available funds for all or part of the premium for life, health, accident, hospitalization, legal expense, or annuity insurance, or all or any kinds of such insurance
- Pay premiums for certain types of life and health insurance
- Supersedes all other laws, regulations and board policies
F.S. 112.08(2)(a) - Part 2
F.S. 112.08(2)(a) - Part 1
F.S. 112.08(2)(a) - Part 1
Before entering any contract for insurance, the local government unit shall advertise for competitive bids and such contract shall be let upon the basis of such bids
- The contract must be completed on the bid process results
- The unit will advertise to allow transparency
- Competitive bids provide fairness, transparency and accountability (FL Statute 287)
F.S. 287.001 - Part 1
F.S. 287.001 - Part 1
F.S. 287.001 - Part 1
Legislative intent. —The Legislature recognizes that fair and open competition is a basic tenet of public procurement;
- FL Stat 287 demonstrates Legislative intent in procurement measures
- Protection of taxpayers
- FL Legislature established fair and open competition must be conducted
- Public procurement must follow these guidelines
- Years of case law and Auditor General findings clarify and support this premise
F.S. 287.001 - Part 2
F.S. 287.001 - Part 1
F.S. 287.001 - Part 1
Documentation of the acts taken and effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process
- Government units are required to properly conduct and document procurements to support fair and open competition
- Established procurement methods and procedures provide this documentation
- This excludes private conversations by agents with respect to public business
F.S. 287.012(6)
“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.
- Detailed methods of procurement available
- Abundance of case law to clarify
F.S. 624.428(1)
No insurer shall deliver or issue for delivery in this state any policy of life insurance, master group life insurance contract, master credit life policy or agreement, annuity contract, or contract or policy of health insurance, unless the application for such policy or contract is taken by, and the delivery of such policy or contract is made through, a resident or nonresident insurance agent of the insurer duly licensed and appointed under the law of this state, who shall receive the usual commission due to an agent from such insurer
- The agent must be licensed and appointed by the insurer providing the contract
- The agent must receive the usual commission
- Usual commission varies case by case
- This creates the agent conflict of interest in public procurement or negotiation
- This establishes the attachment of agent with the carrier
- This is regardless of the title of the service provider (broker, agent, consultant)
- This is regardless of type of compensation (fee or percentage)
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