Public_Entity_Crimes_Statement.pdf

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Attached to
SOUTHWEST 34TH TERRACE DRAINAGE PROJECT
Solicitation number
24-032
Issued by
Charles County, Florida

About this file

The document is a Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public Entity Crimes, associated with Invitation to Bid No. 24-022, which appears to be related to a state and local contract opportunity. The form is a legal document requiring an individual representing an entity to disclose any history of public entity crimes, defined as violations of state or federal law in transactions with public entities. The statement requires the signatory to provide details about their business, including business address, Federal Identification Number (FEIN), and their relationship to the entity, while affirming the entity's compliance with Florida Statutes regarding public entity crimes.

The form requires the signatory to attest whether the entity, its officers, directors, executives, partners, shareholders, employees, members, or agents have been charged with or convicted of a public entity crime subsequent to July 1, 1989. If such a conviction exists, the form provides additional sections for the entity to explain the circumstances, including any proceedings before a hearing officer and potential removal from the convicted vendor list. The document must be signed in the presence of a Notary Public, who will verify the identity of the signatory and witness the sworn statement. This form is a standard requirement for entities seeking to bid on public contracts in Florida, ensuring transparency and accountability in government procurement processes.

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Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public Entity Crimes

(This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.)

1. This sworn statement is submitted with Invitation to Bid No. 24-022.

2. This sworn statement is submitted by:

(name of entity submitting sworn statement) its business address is:

Federal Identification Number (FEIN) is:

(if applicable)

Social Security Number:

(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)

3. My name is:

(PRINT NAME of individual signing this document) and my relationship to the entity is:

(President, General Partner, etc. as applicable)

4. I understand that a "public entity crime" as defined in Section 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 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 an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" as defined in Section 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 (also known as “No Contest”).

6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means:

(a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or

(b) 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" includes 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.

7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding agreement and which bids or applies to bid on contracts 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.

8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies):

Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have 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 the officers, directors, executives, partners, shareholders, employees, members or agents who are active in 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 and

(Please now indicate which additional statement below applies):

There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order)

The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order)

The person or affiliate has not been placed on the convicted vendor list.

(Please describe any action taken by or pending with the Florida Department of General Services)

SIGNATURE (of person whose name Date first appears above)

STATE OF FLORIDA )

COUNTY OF ___________ )

Sworn to and subscribed before me on __________________________, 20_____, by ____________________________________, as _________________________________ of ______________________________, a ________________ corporation/partnership, on behalf of the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced ________________________________ as identification.

Signature of Notary Public

PRINTED Name of Notary

My commission expires:

Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public Entity Crimes

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