Fla. Admin. Code Ann. R. 40E-7.676 - Decertification

State Regulations
Compare

(1) Decertification of a District SBE shall occur when:

(a) The District determines that the District SBE no longer complies with the Program's Certification criteria, including, but not limited to, Program graduation. Program Graduates may complete their work under all current District projects under their previous Certification status provided that the bid or proposal submission date of those projects occurred prior to the date of Program graduation; or,

(b) The District learns that the District SBE submitted false information to obtain Certification/Recertification; or,

(c) The District SBE Prime is in material breach of its contract with the District as defined in subsection 40E-7.215(5), F.A.C.; or,

(d) The SBE Subcontractor causes a Prime Contractor to be in material breach its contract with the District as defined in subsection 40E-7.215(5), F.A.C., including, but not limited to, performance delay.

(2) District staff shall inform the District SBE in writing via email of the facts or conduct which formed the basis for Decertification. The Decertification letter issued by the District shall contain:

(a) The statutory provision(s) or rule(s) of the Florida Administrative Code (F.A.C.) which the District alleges that the District SBE violated; and

(b) The specific facts or conduct relied upon to justify the Decertification; and,

(c) A statement that the Business has the right to file a request for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., within 21 days after receipt of the Decertification letter; and,

(d) A statement that the Decertification shall become conclusive and final agency action if no request for a hearing is filed with the 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 within 21 days after receipt of the Decertification letter.

(3) If the District SBE fails to file a request for a hearing within 21 days after receipt of the Decertification letter, the Decertification shall become final agency action.

(4) If the District SBE files a request for an administrative hearing, they shall remain certified unless and until a Final Order is issued by the District decertifying the District SBE after an administrative hearing.

Notes

Fla. Admin. Code Ann. R. 40E-7.676

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.

New 8-3-06, Amended by Florida Register Volume 46, Number 229, November 24, 2020 effective 12/9/2020, Amended by Florida Register Volume 51, Number 112, June 10, 2025 effective 6/26/2025.

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.

The Decertification of an SBE shall occur when the District determines that an SBE no longer complies with the District's Certification criteria. The District will also Decertify an SBE if the District learns that the SBE submitted false information in order to obtain SBE Certification. The District may also decertify an SBE if the SBE materially breaches its contract with the District as defined in subsection 40E-7.215(5), F.A.C. Further, an SBE subcontractor will be decertified if it causes a Prime Contractor to materially breach its contract with the District as defined in subsection 40E-7.215(5), F.A.C., including, but not limited to, performance delay.

(1) District staff shall inform the SBE in writing by certified mail, return receipt requested, of the facts or conduct which formed the basis for Decertification.

(2) The Decertification notice issued by the District shall contain:

(a) The statutory provisions(s) or rules(s) of the Florida Administrative Code which the District alleges that the SBE violated; and

(b) The specific facts or conduct relied upon to justify the Decertification; and,

(c) A statement that the firm has the right to file a request for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., within 21 days of receipt of the Decertification notice; and,

(d) A statement that the Decertification shall become conclusive and final agency action if no request for a hearing is filed with the District Clerk's office within 21 days from receipt of the Decertification notice.

(3) If the SBE fails to file a request for a hearing within 21 days after receipt of the notice, the Decertification shall become final agency action.

(4) If the SBE files a request for an administrative hearing, the SBE shall remain certified unless and until a Final Order is issued by the District Decertifying the SBE after an administrative hearing.

Notes

Fla. Admin. Code Ann. R. 40E-7.676

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.

New 8-3-06, Amended by Florida Register Volume 46, Number 229, November 24, 2020 effective 12/9/2020.

New 8-3-06, Amended 12-9-20.