40E-7.676. Decertification

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.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 12-9-20.