proc_public_entity_crimes_form_2.pdf

PDF 481 KB Posted

Attached to
2025 & 2026 Emergency Line Clearance
Solicitation number
PR8325
Issued by
Florida

About this file

This document is a Sworn Statement form under Section 287.133(3)(a) and 287.135 of the Florida Statutes, specifically a Public Entity Crimes and Scrutinized Companies form. The form requires completion by a business representative, who must affirm their understanding of legal restrictions related to public entity crimes and contracts with governmental agencies. The document outlines detailed definitions and requirements concerning potential criminal violations, contract eligibility, and restrictions for companies that may have been involved in certain activities or convicted of public entity crimes.

The form mandates that companies listed on Scrutinized Companies lists (such as those with activities in Sudan or Iran Petroleum) are prohibited from bidding on, submitting proposals for, or entering into contracts with governmental entities for goods or services valued at $1 million or more. If a company is found to be on such a list, any existing contract will be terminated, and civil penalties will apply. The document also defines key terms like "convicted," "affiliate," and "public entity crime," and requires the signatory to disclose any past convictions or affiliations with entities that have been convicted of public entity crimes, with specific provisions for potential exceptions determined by administrative hearings.

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SWORN STATEMENT UNDER SECTION 287.133 (3) (a) and 287.135, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES AND SCRUTINIZED

COMPANIES

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

STATE OF ________________

COUNTY OF _______________

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

1. The business address of __________________________________________ is _____________________________________________________________

2. My relationship to _______________________________________________ is _____________________________________________________________

[Relationship such as sole proprietor, partner, president, vice president].

3. I understand that any company listed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Section as defined by Florida Statute 215.473 may not bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of $1 million or more. If found to be on the list, I understand that any contract with the governmental agency or entity will be terminated and that civil penalties as outlined in Florida Statute

287.135 will apply.

4. 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 bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" is defined by the statute 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, nonjury trial, or entry of a plea of guilty or nolo contendere.

Public Entity Crimes Form_v.1_160708 1

6. I understand that "affiliate" is defined by the statute 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.

7. Neither the bidder or Contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or Contractor nor any affiliate of the bidder or Contractor has been convicted of a public entity crime subsequent to July 1, 1989.

[Draw a line through paragraph 7 if paragraph 8 below applies.]

8. There has been a conviction of a public entity crime by the bidder or Contractor, or an officer, director, executive, partner, shareholder, employee, member or agent of the bidder or Contractor who is active in the management of the bidder or Contractor or an affiliate of the bidder 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 vendor list.

The name of the convicted person or affiliate is

_______________________________________. A copy of the order of the Division of Administrative Hearings is attached to this statement.

[Draw a line through paragraph 8 if paragraph 7 above applies.]

Signed by: ____________________________________

Printed Name: _________________________________

Sworn to and subscribed before me in the state and county first mentioned above on the ________ day of ___________________________ 20______.

Notary Public

(Affix Seal)

Type or Printed Name My Commission Expires

Public Entity Crimes Form_v.1_160708 2

STATE OF:
COUNTY OF:
Before me the undersigned authority personally appeared:
Division of Administrative Hearings is attached to this statement:
above on the 1:
above on the 2:
20:
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Type or Printed Name:
My Commission Expires:
Printed Name:
Text3:
Company name:
Company Name:
Text5:

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