Section 19A-6.004 - Prohibited Activities of Service Providers and UnderwritersIn 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; and2. While the service provider or underwriter is included in an applicant pool; and3. 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or underwriter has been selected as a service provider or underwriter by the Division and such selection has not been revoked or otherwise become inoperative; and4. 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.Fla. Admin. Code Ann. R. 19A-6.004
Rulemaking Authority 215.62(5) FS. Law Implemented 215.64(5), 215.68(5) FS.
New 12-3-91, Formerly 13K-6.004.New 12-3-91, Formerly 13K-6.004.