Affidavit_Form_-_Public_Entity_Crimes_287.1333a.pdf
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- Solicitation number
- CCNA-DP01082025
- Issued by
- Polk County, Florida
About this file
This is a Public Entity Crimes Affidavit Form required by the State of Florida pursuant to Section 287.133(3)(a), Florida Statutes, for submission to the School Board of Polk County, Florida in connection with a Continuing Contract for CCNA Design Professionals Architects & Engineers. The form must be completed and sworn before a notary public or authorized official administering oaths. The affidavit requires the submitting entity to disclose whether it, its officers, directors, executives, partners, shareholders, employees, members, or agents active in management, or any affiliate of the entity has been convicted of a public entity crime as defined under Florida law subsequent to July 1, 1989. Three certification options are available: (1) no entity or affiliate has been charged with and convicted of a public entity crime; (2) the entity or an affiliate has been convicted but no subsequent action has occurred; or (3) the entity or affiliate was convicted but a Florida Division of Administrative Hearings proceeding determined it was not in the public interest to place the entity on the convicted vendor list. The form is valid through December 31 of the calendar year in which it is filed.
Respondents must inform the public entity of any changes to the information contained in the form prior to entering into a contract exceeding the threshold amount specified in Section 287.017, Florida Statutes for Category Two. A public entity crime is defined as a violation of state or federal law involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation directly related to business transactions with a public entity. The definition of "conviction" includes findings of guilt or convictions resulting from jury verdicts, non-jury trials, or guilty or nolo contendere pleas in federal or state trial courts of record following charges brought by indictment or information. The affidavit must identify the submitting entity's business address and Federal Employer Identification Number, or Social Security Number if no FEIN exists.
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Text version
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to ___________________________________________ [print name of the public entity] by_______________________________________________________________________ [print individual's name and title] for____________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is _______________
(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:_______________________________.)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" included those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate.
The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies]
______Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
______The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attached is a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
[signature]
STATE OF FLORIDA
COUNTY OF POLK
The foregoing instrument was acknowledged before me this ______________________________________ by ___________________________________ who is personally known to me and who did___ did not___ take an oath.
Notary Public, Commission No.:
My Commission Expires:
________________________ (printed name)
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