19A-6.002. Definitions

As used in this chapter:

(1) “Applicant pool” means the group of service providers or underwriters responding to a solicitation. In addition, the term includes any service providers or underwriters which have been selected to be placed on a list of service providers or underwriters to be used to provide services for the Division, to be considered for the award of a Master Equipment Financing Agreement or to underwrite bonds which may be issued by the Division.

(2) “Bond Counsel” means an attorney or firm of attorneys retained to give a legal opinion that the Division is authorized to issue bonds, that the Division has met all legal requirements necessary for issuance of bonds, or that interest on bonds will be excludable from gross income for federal income tax purposes and, where applicable, from state and local taxation.

(3) “Contribution” means:

(a) A gift, subscription, conveyance, deposit, loan payment, or distribution of money or anything of value, including contributions in kind, having an attributable monetary value in excess of $100.00, made directly or indirectly for the purpose of influencing an election; or

(b) The payment by any person other than a candidate or political committee of compensation in excess of $100.00 for the personal services of another person which are rendered to a candidate or political committee without charge to the candidate or committee for such service.

(c) The term contribution does not, however, include (1) the personal services of the contributor, or (2) gifts to political committees which are not designated for receipt by a candidate for Governor or a Cabinet position in Florida. For purposes of this section, a “political committee” shall be defined as provided in Section 106.011(1), F.S.

(4) “Certificate of Participation” means a financial instrument representing a right to share in payments made pursuant to a Master Equipment Financing Agreement.

(5) “Division” means the Division of Bond Finance of the State Board of Administration.

(6) “Division employee” means an employee of the Division of Bond Finance of the State Board of Administration.

(7) “Employee” means an employee of any Governing Board member, but only with respect to that employee’s conduct relating to activities of the Division, or an employee of the Division of Bond Finance of the State Board of Administration.

(8) “Financial advisor” means an individual or firm retained to advise the Division on financial matters relating to the issuance of bonds or other activities of the Division, including, but not limited to, technical assistance in the design of financing arrangements and instruments; planning financial strategy for marketing, pricing and securing bond ratings; or representing the Division’s interest in financial market dealings.

(9) “Governing Board” means the Governor and Cabinet acting as the Governing Board of the Division.

(10) “Governing Board member” means the Governor or any member of the Cabinet as members of the Governing Board of the Division.

(11) “Master Equipment Financing Agreement” means an agreement to be executed pursuant to Section 287.064, F.S., for the purpose of implementing a consolidated financing program for the acquisition of equipment by deferred-payment purchases made by or on behalf of the State of Florida or its agencies or by or on behalf of state community colleges.

(12) “Prohibited business solicitation communication” means a written or verbal communication which occurs during a selection period between a Governing Board member or employee and a service provider or underwriter or between a Division employee and a person who is not a Division employee regarding the merits of the service provider or underwriter or whether the Governing Board should select or retain the service provider or underwriter. The term does not include:

(a) A verbal communication made on the record during a public meeting.

(b) A written communication provided to each Governing Board member and the Director of the Division, which is made part of the record at a public meeting.

(c) A written proposal or statement of qualifications submitted in response to a solicitation seeking such proposals or statements of qualifications as part of a selection process.

(d) A verbal or written communication with a service provider or underwriter pursuant to a previous selection as a service provider or underwriter, relating to the purpose for which the service provider or underwriter was selected.

(e) A communication designed to clarify the solicitation document or a communication initiated by a Division employee for the purpose of investigating or clarifying the qualifications of a service provider or an underwriter.

(13) “Selection period” means the period of time beginning when the issue of distributing a solicitation document is made public through the earlier of the publication of an agenda of the Governing Board or the distribution of a solicitation document, and ending with the public selection of the service provider or underwriter.

(14) “Service provider” means an individual or firm which, for compensation, provides legal or financial advisory assistance to the Division or to an underwriter for the purpose of the issuance of bonds or the award of a Master Equipment Financing Agreement by the Division. The term includes the agents, officers, principals, and professional employees of the service provider, but only from the date such individual or firm becomes employed or is retained as an agent, officer, principal or professional employee of the service provider.

(15) “Services” means the legal or financial advisory professional services relating to bonds issued by the Division, the award of a Master Equipment Financing Agreement or other activities of the Division which are normally provided by a service provider.

(16) “Solicitation” means any method by which the Division solicits information relating to the selection of service providers or underwriters, including a request for proposals, a request for information, a request for applications, or any similar method of soliciting information.

(17) “Solicitation document” means the document issued by the Division to solicit responses from firms or individuals interested in being selected as a service provider or underwriter.

(18) “Underwriter” means an individual or firm which initially purchases a new issue of bonds from the state by a negotiated sale or a new issue of certificates of participation in connection with the negotiated award of a Master Equipment Financing Agreement. The term includes the agents, officers, principals, and professional employees of the underwriter, but only from the date such individual or firm becomes employed or is retained as an agent, officer, principal or professional employee of the underwriter.

Rulemaking Authority 215.62(5), 287.064(8) FS. Law Implemented 112.313(8), 215.62(5), 215.64(5), 215.68(5), 287.064 FS. History–New 12-3-91, Formerly 13K-6.002, Amended 2-17-94, 3-24-94, 5-25-95.