In order to avoid even the appearance or perception that
favoritism, special dealing or political considerations were involved in
decisions relating to the selection of service providers or underwriters, the
Governing Board will not consider for selection or continue to retain service
providers and underwriters unless they certify prior to selection, and at any
time at the request of the Division, that they are in compliance and will
remain in compliance with the following standards of conduct. If a service
provider or underwriter is unable to certify compliance as provided herein and
the reason for such inability is minor in nature and within the general intent
of this rule, the service provider or underwriter may explain in writing the
reasons which make certification of compliance impossible and any reasons which
would justify its continuing qualification pursuant to subsection (2).
(1) The
service provider or
underwriter must
certify that they have not and will not:
(a)
Make contributions to or participate in the management of fund raising for or
on behalf of any candidate for Governor or for a Cabinet position in Florida:
1. During the period beginning on the later
of (i) the date of the general election at which the Governor and members of
the Cabinet were regularly elected preceding the most recent general election
at which the Governor and members of the Cabinet were regularly elected prior
to the deadline established for responses to a solicitation, or (ii) the
effective date of this rule, and ending on the deadline established for
responses to the solicitation; and
2. While the service provider or underwriter
is included in an applicant pool; and
3. After the service provider or underwriter
has been selected as a service provider or underwriter by the Division and such
selection has not been revoked or otherwise become inoperative; and
4. For a period ending 2 years after the end
of any time period described in paragraph 3. or at the next general election
after the end of any time period described in subparagraph 3., whichever occurs
last; and
(b) Participate
in any prohibited business solicitation communication.
(2) If a service provider or underwriter is
unable to certify to the conditions in subsection (1), or if it is determined
that a service provider or underwriter has engaged in any activity specified in
subsection (1), the Governing Board shall consider the magnitude of the
violation and whether there has been a pattern of violations at its next
meeting at which the consideration of the issue may be placed on the agenda. If
the Governing Board does not vote at such meeting to continue the selection or
eligibility for selection of the service provider or underwriter, the Director
of the Division shall, as soon thereafter as practicable, cancel any contract
with or cancel the selection or eligibility for selection of, the service
provider or underwriter.
