To implement section 287.138, F.S., by prescribing the required attestation form.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Purchasing

RULE NO.:RULE TITLE:

60A-1.020Common Carrier and Contracted Carrier Attestation

PURPOSE AND EFFECT: To implement section 287.138, F.S., by prescribing the required attestation form.

SUMMARY: Prescribing the required attestation form pursuant to section 287.138, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the agency, utilizing the expertise of its personnel, determined no SERC was required after completing the SERC checklist analysis.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 287.138, 908.111(4)

LAW IMPLEMENTED: 287.138, 908.111

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gerard Steele, Deputy Division Director, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60A-1.020 Common Carrier and Contracted Carrier Attestation Forms.

(1) Common Carrier and Contracted Carrier Attestation Form.

(a) Definitions. Capitalized terms used in this subsection herein have the definitions ascribed in sSection 908.111, F.S. 

(b) (2) Common Carrier or Contracted Carrier Attestation. In accordance with sSection 908.111, F.S., a Contract between a Governmental Entity and a Common Carrier or contracted carrier which is executed, amended, or renewed on or after the date provided in sSection 908.111(3), F.S., must include an attestation by the Common Carrier or contracted carrier on Form PUR 1808, “Common Carrier or Contracted Carrier Attestation Form,” effective 08/2022, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14614 or on the Department’s website at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms.

(2) Foreign Country of Concern Attestation Form.

(a) Definitions. Capitalized terms used in this subsection have the definitions ascribed in section 287.138, F.S. “Personal Identifying Information” shall have the meaning ascribed to “personal information” in section 501.171, F.S. “Principal Place of Business” shall mean the primary location where the entity's executive-level management direct, control, or coordinate the entity's activities.

(b) Foreign Country of Concern Attestation. In accordance with section 287.138, F.S., a contract between a Governmental Entity and an entity which would give access to an individual’s Personal Identifying Information which is executed, extended, or renewed on or after the dates provided in section 287.138(4), F.S., must include an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form,” effective XX/2023, which is incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15843 or on the Department’s website at https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/state_purchasing_pur_forms. In accordance with section 287.138, F.S., beginning on or after the dates provided in section 287.138(4), F.S., a Governmental Entity may not accept a bid, proposal, or reply for a contract which would grant an entity access to an individual’s Personal Identifying Information unless the entity provides the Governmental Entity with an attestation by the entity on Form PUR 1355, “Foreign Country of Concern Attestation Form.”

Rulemaking Authority 287.138, 908.111(4) FS. Law Implemented 287.138, 908.111 FS. History–New 8-28-22, Amended X-XX-23.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gerard Steele, Deputy Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pedro Allende, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 09, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 5, 2023