Form_9.5_-_Sworn_Statement_on_Public_Entity_Crimes.pdf

PDF 202 KB Posted

Attached to
RFP 26-24-CW_Re-Advertisement for the Elevation of Flood Prone Homes
Solicitation number
RFP-26-24-CW
Issued by
Volusia County, Florida

About this file

This is a Sworn Statement on Public Entity Crimes form required by the State of Florida under Section 287.133(3)(a) of the Florida Statutes for submission with the RFP 26-24-CW Re-Advertisement for the Elevation of Flood Prone Homes solicitation. The form must be completed and notarized by an authorized representative of the offeror prior to bid submission. The statement requires the affiant to declare their relationship to the business entity and confirm understanding of Florida's definition of public entity crimes, which includes violations of state or federal law related to business transactions with public entities, encompassing offenses such as antitrust violations, fraud, theft, bribery, collusion, racketeering, conspiracy, and material misrepresentation. The form addresses the statutory definitions of "convicted," "conviction," and "affiliate" as established by Florida law for crimes occurring subsequent to July 1, 1989.

The affiant must certify that neither the offeror nor any officer, director, executive, partner, shareholder, employee, member, or agent active in management, nor any affiliate of the offeror has been convicted of a public entity crime since July 1, 1989. Alternatively, if a conviction exists, the form permits disclosure if the Division of Administrative Hearings has determined that it is in the public interest to allow participation despite the conviction, with supporting documentation required. The completed form, executed before a notary public or other authorized official, must be returned with the bid submittal for the elevation project involving eleven single-family flood-prone structures.

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Text version

FORM 9.5 – SWORN STATEMENT ON PUBLIC ENTITY CRIMES

UNDER SECTION 287.133(3)(A), FLORIDA STATUTES

(To be signed in the presence of a notary public or other authorized to administer oaths.)

Before me, the undersigned Authority, personally appeared affiant__________________________________, who, being by me first duly sworn, made the following statement:

1. The business address of _______________________________________________________________________(name of Offeror or business) is

2. My relationship to ___________________________________________________________(name of Offeror or business) is ___________________

______________________(relationship such as sole proprietor, partner, president, vice president.)

3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or such and agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation.

4. I understand that “convicted” or “conviction” is defined by the Florida Statutes to mean 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 guilt or nolo contendere.

5. I understand that "affiliate" is defined by the Florida Statutes to mean (1) a predecessor or successor of a person or a corporation 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, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months.

6. Neither the Offeror or contractor, nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Offeror or contractor, nor any affiliate of the Offeror or contractor has been convicted of a public entity crime subsequent to July 1, 1989. (Draw a line through paragraph 6 if paragraph 7 below applies.)

7. There has been a conviction of a public entity crime by the Offeror or contractor, or an officer, director, executive, partner, shareholder, employee, member or agent of the Offeror or contractor who is active in the management of the Offeror or contractor or an affiliate of the Offeror or contractor. A determination has been made pursuant to Section 287.133(3) by order of the Division of Administrative Hearings that it is not in the public interest for the name of the convicted person or affiliate to appear on the convicted bidder list. The name of the convicted person or affiliate is:

__________________________________________________. A copy of the order of the Division Administrative Hearing is attached. (Draw a line through paragraph 7 if paragraph 6 above applies)

Name of Business

STATE OF:_________________________ Authorized Signature

COUNTY OF: _______________________ ______________________________________________________ Printed Name and Title

The foregoing instrument was acknowledged before me by means of ☐physical presence or ☐online notarization, this _________ day of _______________________, 2025, by____________________________________________________________ and who:

☐Is personally known to me; or ☐ has produced __________________ as identification.

________________________________________________________________ Notary Public, State of ______________________________________ Printed, typed or stamped name, commission and expiration:

This document must be completed and returned with your Submittal

File details come from the government source that posted it. Updated .