Fla. Admin. Code Ann. R. 40E-7.673 - Certification/Recertification Eligibility - Small Business Enterprise
District staff shall have the authority to accept, review, approve, certify, decertify and deny applications for Certification/Recertification, as defined in Rule 40E-7.669, F.A.C.
(1)
Applicants shall submit the Application utilizing Form No. 1231, which is incorporated by reference in Rule 40E-7.668, F.A.C.
(2) To establish Program eligibility, the Applicant shall:
(a) Provide
documentation to demonstrate that the three-year average Gross Receipts of the Applicant, together with its Affiliate Businesses, does not exceed $21
million if the business provides Construction, $8 million if the business provides Commodities, and $10 million if the business provides Services. In
determining the Gross Receipts of the Business and its Affiliate Businesses, the District shall consider the three federal income tax returns filed
by the Applicant and its Affiliate Businesses for the three years immediately preceding Application submittal. If three federal income tax returns
have not been filed for the three years immediately preceding Application submittal, then the Applicant must submit financial statements (balance
sheet and income statement) for any of the three years immediately preceding Application submittal in which the Applicant or its Affiliate Businesses
did not file a federal income tax return(s). Applicants or its Affiliate Businesses in business less than one year shall submit financial statements
for the months in which it was in business. Financial statements must be prepared by a Certified Public Accountant as defined by Section 473.301,
F.S., not employed by the Applicant or its Affiliate Businesses, but retained for the purpose of preparing financial statements for the Applicant or
its Affiliate Businesses. Financial statements must be submitted on letterhead from the Applicant's or its Affiliate Businesses' Certified Public
Accountant.
(b) The Applicant must hold and provide the appropriate licenses(s) or certification(s)
required by law to do business and perform work in the State of Florida. Licenses and certifications must be valid at the time of submittal and
remain active throughout the Certifications period.
(c) Applicants must have the authority to conduct
business in the State of Florida in accordance with the Florida Department of State Division of Corporations, including the use of Fictitious Names,
if applicable. Applicants must remain in good standing throughout the Certification period.
(d) An
Applicant shall have only one Business, including its Affiliate Businesses, certified with the District.
(3) An Applicant that has been debarred or suspended, or organized by an entity, individual, or Affiliate Business
that has been debarred or suspended, is ineligible to be a District SBE.
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.
New 8-3-06, Amended 12-9-20.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Applicants shall submit applications for SBE Certification using Form No. 1231, "SBE Certification Application", (http://www.flrules.org/Gateway/reference.asp?No=Ref-12424) effective August 3, 2006, which is incorporated by reference herein and is available at no cost by contacting the South Florida Water Management District Clerk's Office, South Florida Water Management District , 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6805, or (561)682-6805.
(2) To establish SBE eligibility, the Applicant shall:
(a) Provide documentation to demonstrate that the 3-year average gross receipts of the Applicant , together with its Affiliate Business , does not exceed $13 million for Construction, $5 million for Commodities, and $6 million for Services. In determining the gross receipts of the business and its Affiliate Business , the District shall consider the 3 federal tax returns filed by the Applicant for the 3 years immediately preceding application submittal. If 3 federal income tax returns have not been filed for the 3 years immediately preceding application submittal, then the Applicant must submit a financial statement for any of the 3 years immediately preceding the application in which the Applicant did not file a federal income tax return(s). The financial statement must be prepared by a Certified Public Accountant as defined by Section 473.301, F.S., not employed by the Applicant , but retained for the purpose of preparing financial statements for the Applicant . Applicants in business less than 1 year shall submit an opening balance sheet and income statement for the months in which it was in business . The opening balance sheet and income statement must be submitted on letterhead from the Applicant 's Certified Public Accountant.
(b) The Applicant must demonstrate that the business is licensed as required by law to do business in the State of Florida if the business requires a license.
(c) An Applicant shall have only 1 business certified with the South Florida Water Management District .
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.
New 8-3-06, Amended 12-9-20.