Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-7 - MISCELLANEOUS PROVISIONS
Section 40E-7.676 - Decertification
Current through Reg. 50, No. 187; September 24, 2024
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:
(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.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS.
New 8-3-06, Amended 12-9-20.