**PLEASE CLICK HERE FOR THE ADOPTED ORDINANCE
ORDINANCE NO. 2025-501
AN ORDINANCE OF THE CITY OF KEY COLONY BEACH, FLORIDA, AMENDING CODE OF ORDINANCE ARTICLE VI – FINANCE, SECTION 2-75 TO INCREASE THE COMPETITIVE BIDDING THRESHOLD TO ALIGN WITH FLORIDA STATUTE; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
______________________________________________________________________________
WHEREAS, Florida Statutes § 287.057(3) provides that purchases exceeding the threshold in Category Two must generally follow competitive sealed bid or proposal procedures, except under limited statutory exemptions such as single-source procurement; and
WHEREAS, Category Two, as defined in Florida Statutes § 287.017, currently establishes a threshold of $35,000.00, which is widely recognized by state agencies and municipalities as the point at which formal competitive procurement requirements apply; and
WHEREAS, aligning the City’s formal bid threshold with the Category Two threshold established in Florida law ensures consistency with state procurement standards and facilitates streamlined compliance; and
WHEREAS, modernizing the City’s procurement threshold to match the $35,000 limit improves efficiency without compromising transparency or fiscal oversight, particularly for purchases that qualify as single-source acquisitions under Florida law; and
WHEREAS, increasing the formal bid threshold to $35,000.00 will allow the City to respond more quickly to operational needs, reduce procedural delays, and better manage taxpayer resources.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KEY COLONY BEACH, FLORIDA, AS FOLLOWS:
Section 1: Recitals
The above recitals are true and correct.
Section 2: Effective Date
This Ordinance shall become effective upon approval by the City Commission.
Section 3: Amendment
Section 2-75 of Article VI, “Finance” of the Administration of the City of Key Colony Beach, Florida Code of Ordinances shall be amended to read as follows:
Sec. 2-75. – Purchases or contracts.
(a) No purchase or contract for purchase of equipment, material, supplies or services, other than professional services exempt under Florida Statute, may be made by the city commission when the purchase price thereof is in excess of twenty-five thousand dollars ($25,000.00) thirty-five thousand dollars ($35,000.00) unless made after open competitive bidding. The city commission shall have the right to accept or refuse any or all bids. This requirement applies to a single and not a cumulative project. This requirement shall not apply to purchases of commodities and contractual services from purchasing agreements established by and maintained by the State of Florida. It further does not apply to purchases of commodities, equipment, or material exempted from bidding by Florida Statutes where available only from a single source. This section shall not be construed to limit or prevent any exemptions from bidding requirements provided by Florida Statutes.
Section 4: Severability and Conflict
If any portion of this ordinance is declared by a Court of competent jurisdiction to be invalid or unenforceable, such declaration shall not be deemed to affect the remaining portions of this ordinance. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 5: Inclusion in the Code of Ordinances
The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Key Colony Beach, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code:
Section 6: Effective Date
This ordinance shall become effective upon its adoption by the City of Key Colony Beach Commission.
FIRST READING by the City of Key Colony Beach City Commission this 11th day of June 2025.
Mayor Freddie Foster NO__________ YES____x____
Vice-Mayor Joey Raspe **absent
Commissioner Tom Harding NO__________ YES____x___
Commissioner Tom DiFransico NO__________ YES____x__
Commissioner Doug Colonell NO__________ YES____x___
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
SECOND READING AND DULY ADOPTED by the City of Key Colony Beach City Commission on this 17th day of July 2025.
Mayor Freddie Foster NO__________ YES_________
Vice-Mayor _____________ NO__________ YES_________
Commissioner ___________ NO__________ YES_________
Commissioner ____________ NO__________ YES_________
Commissioner ____________ NO__________ YES_________
DULY PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF KEY COLONY BEACH, FLORIDA, this 17th day of July, 2025.
___________________________________
Freddie Foster, Mayor
_____________________________
Silvia Roussin, City Clerk
Approved as to form and legal sufficiency:
___________________________________
Dirk M. Smits, Esq. B.C.S., City Attorney