60A-1.031. MyFloridaMarketPlace Transaction Fee

(1) The State of Florida, through the Department of Management Services, 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 State Term Contract or Alternate Contract Source 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 and Purchase Orders, including the solicitation thereof, for purchases of Commodities or Contractual Servics 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 State Term Contract or Alternate Contract Source shall report monthly at https://vendor.myfloridamarketplace.com, the total amount of payments received from Agencies or Eligible Users 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 State Term Contract or Alternate Contract Source shall review their consolidated billing invoice, reconcile all payments received for Commodites 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 Commodites 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 Agencies, Eligible Users, 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) An Agency, or an Eligible User of a State Term Contract or Alternate Contract Source, 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 Agency or Eligible User 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 agency head (or designee), or an Eligible User’s authorized representative, providing all information supporting the request, and submitted to [e-mail]. 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 Agency or Eligible User 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.

Rulemaking Authority 287.032(2), 287.042(12), 287.057(24) FS. Law Implemented 287.032, 287.042(l)(h), 287.057(24) FS. History–New 7-1-03, Amended 2-11-04, 11-7-04, 3-2-17, 7-31-22.