(1) The State of
Florida, through the Department, has instituted MyFloridaMarketPlace (MFMP), a
statewide eProcurement system pursuant to section
287.057(24),
F.S. The Transaction Fee is one percent (1.0%), or as may otherwise be
established by law. All payments issued by Agencies to registered vendors for
purchases of Commodities or Contractual Services shall be assessed the
Transaction Fee under Chapter 287, F.S., unless exempt. All payments issued to
registered vendors that are associated with a Enterprise Wide Agreement shall
be assessed the Transaction Fee, unless exempt.
(2) Vendors shall pay the Transaction Fee and
are subject to automatic deduction of the Transaction Fee when automatic
deduction becomes available.
(3)
Each Agency shall include the following statement in all Contracts, including
the solicitation thereof, for purchases of Commodities or Contractual Services
under Chapter 287, F.S., unless the transaction is exempt from the Transaction
Fee:
MyFloridaMarketPlace Transaction Fee
The State of Florida, through the Department of Management
Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system
pursuant to section 287.057(24),
Florida Statutes (F.S.). All payments issued by Agencies to registered vendors
for purchases of Commodities or Contractual Services under Chapter 287, F.S.,
shall be assessed the Transaction Fee of one percent (1.0%) of the total amount
of the payments received from the State or Eligible Users, as prescribed by
Rule 60A-1.031, Florida Administrative Code (F.A.C.), or as may otherwise be
established by law. Vendors shall pay the Transaction Fee and are subject to
automatic deduction of the Transaction Fee, when automatic deduction becomes
available. Vendors shall submit any monthly reports required pursuant to Rule
60A-1.031, F.A.C. All such reports and payments are subject to audit. The
Agency will have grounds for declaring the vendor in default if the vendor
fails to comply with the payment of the Transaction Fee or reporting of
payments, which may subject the vendor to being suspended from business with
the State of Florida.
(4) A
vendor shall report received payment as follows:
(a) Vendors on an active Enterprise Wide
Agreement shall report monthly at
https://vendor.myfloridamarketplace.com,
the total amount of payments received from Customers for Commodities or
Contractual Services under Chapter 287, F.S. If such vendor does not receive
any payment for Commodities or Contractual Services under Chapter 287, F.S.,
the vendor shall report zero dollars for the total monthly amount of payments
received.
(b) Each month vendors
not on an active Enterprise Wide Agreement shall review their consolidated
billing invoice, reconcile all payments received for Commodities or Contractual
Services under Chapter 287, F.S., and report any payments missing from the
consolidated billing invoice in the Vendor Information Portal.
(c) If the total Transaction Fee amounts
outstanding are less than $50, a vendor may carry over payment of the balance
to the next monthly reporting period.
(d) A vendor is not required to report
payments exempt from the Transaction Fee set forth under this rule.
(e) Failure to comply with the payment of the
Transaction Fee or reporting of payments may subject the vendor to being
suspended from business with the State.
(5) The following purchases are excluded from
payment of the Transaction Fee and the reporting requirements set forth herein:
(a) Purchases where payments are made
utilizing the State's Purchasing Card program.
(b) Purchases where payments are made
utilizing the State's Fuel Card program.
(c) Purchases of Commodities or Contractual
Services under Section
287.055, F.S.
(6) The following are exempt from
the Transaction Fee:
(a) Transactions with an
entity designated as non-profit under the Internal Revenue Code and registered
with the Secretary of the State of Florida pursuant to applicable Florida
Statutes, unless such entity is awarded a contract following a competitive
solicitation involving for-profit entities and the contract, if it had been
awarded to a for-profit entity, would have been subject to the Transaction
Fee.
(b) Transactions with
Customers, a private university in Florida, an agency of another state, or
another sovereign nation, as vendors, unless such entity is awarded a Contract
following a Competitive Solicitation involving for-profit entities and the
Contract, if it had been awarded to a for-profit entity, would have been
subject to the Transaction Fee.
(c)
Transactions in which law or government regulation requires that the commodity
or service be provided by a sole provider (e.g., regulated utilities,
legislatively mandated transactions, etc.).
(d) Transactions established by an agreement,
pursuant to law, implementing a state or federal program or grant.
(e) Payments to unregistered vendors under
rule paragraph 60A-1.033(2)(a), F.A.C.
(f) Payments to a vendor in exchange for
providing health care services at or below Medicaid rates.
(g) Disbursements of State financial
assistance to a recipient as defined in the Florida Single Audit Act, Section
215.97, F.S.; disbursements of
federal awards to subrecipients as defined in 2 C.F.R.
200; payments of State
dollars to satisfy federal maintenance of efforts requirements; and payments of
State dollars for matching federal awards.
(h) Transactions associated with a
gubernatorial suspension of purchasing regulations due to an
emergency.
(i) Transactions
associated with an Agency Head's declaration of an emergency under Section
287.057(3)(a),
F.S.
(j) Transactions associated
with the purchase of insurance pursuant to Section
287.022, F.S.
(7) A Customer of an Enterprise
Wide Agreement, may request Department approval to exempt a particular
transaction from the Transaction Fee. In order for the exemption to be approved
by the Department, the transaction must be critical to public health, safety,
or welfare and the imposition of the fee would violate state or federal law.
(a) The requesting Customer shall submit Form
PUR 3778, Request for Transaction Fee Exemption, effective 07/2022, hereby
incorporated by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14514
or on the Department's website at http://www.dms.myflorida.com/mfmp_forms. Form
PUR 3778 shall be completed by the Customer's authorized representative,
providing all information supporting the request, and submitted to
PCS@dms.fl.gov. Within 14 days from receipt of Form PUR 3778, the Department
will approve the request, deny the request, or request additional information.
Requests outstanding for more than 14 days from receipt by the Department will
be deemed approved unless additional information is requested, which will reset
the timeframe for response.
(b)
Once an exemption to the Transaction Fee for a transaction under this section
has been approved or is deemed approved, the Customer need not request
exemption of subsequent related transactions (e.g., individual payments under
the same Contract).
(8)
Vendors must register pursuant to Rule
60A-1.033, F.A.C., regardless of a
particular transaction being exempt from the Transaction Fee.
Notes
Fla. Admin. Code Ann. R. 60A-1.031
Rulemaking Authority
287.032(2),
287.042(12),
287.057(24) FS.
Law Implemented 287.032,
287.042(l)(h),
287.057(24)
FS.
New 7-1-03, Amended 2-11-04, 11-7-04, Amended by
Florida
Register Volume 43, Number 030, February 14, 2017 effective
3/2/2017, Amended by
Florida
Register Volume 48, Number 139, July 19, 2022 effective
7/31/2022, Amended by
Florida
Register Volume 50, Number 133, July 9, 2024 effective
7/22/2024.
New 7-1-03, Amended 2-11-04, 11-7-04, 3-2-17,
7-31-22.
