Florida Regulations 40E-7.673: Certification Eligibility – Small Business Enterprise
Current as of: 2024 | Check for updates
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District staff shall have the authority to accept, review, approve, certify, decertify and deny applications for SBE Certification. Applicants must be registered with the District as a vendor prior to submitting an application for Certification.
(1) Applicants shall submit applications for SBE Certification using Form No. 1231, “”SBE Certification Application””, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12424) effective August 3, 2006, which is incorporated by reference herein and is available at no cost by contacting the South Florida Water Management District Clerk’s Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6805, or (561)682-6805.
(2) To establish SBE eligibility, the Applicant shall:
(a) Provide documentation to demonstrate that the 3-year average gross receipts of the Applicant, together with its Affiliate Business, does not exceed $13 million for Construction, $5 million for Commodities, and $6 million for Services. In determining the gross receipts of the business and its Affiliate Business, the District shall consider the 3 federal tax returns filed by the Applicant for the 3 years immediately preceding application submittal. If 3 federal income tax returns have not been filed for the 3 years immediately preceding application submittal, then the Applicant must submit a financial statement for any of the 3 years immediately preceding the application in which the Applicant did not file a federal income tax return(s). The financial statement must be prepared by a Certified Public Accountant as defined by Florida Statutes § 473.301, not employed by the Applicant, but retained for the purpose of preparing financial statements for the Applicant. Applicants in business less than 1 year shall submit an opening balance sheet and income statement for the months in which it was in business. The opening balance sheet and income statement must be submitted on letterhead from the Applicant’s Certified Public Accountant.
(b) The Applicant must demonstrate that the business is licensed as required by law to do business in the State of Florida if the business requires a license.
(c) An Applicant shall have only 1 business certified with the South Florida Water Management District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented Florida Statutes § 373.1135. History-New 8-3-06, Amended 12-9-20.
(2) To establish SBE eligibility, the Applicant shall:
(a) Provide documentation to demonstrate that the 3-year average gross receipts of the Applicant, together with its Affiliate Business, does not exceed $13 million for Construction, $5 million for Commodities, and $6 million for Services. In determining the gross receipts of the business and its Affiliate Business, the District shall consider the 3 federal tax returns filed by the Applicant for the 3 years immediately preceding application submittal. If 3 federal income tax returns have not been filed for the 3 years immediately preceding application submittal, then the Applicant must submit a financial statement for any of the 3 years immediately preceding the application in which the Applicant did not file a federal income tax return(s). The financial statement must be prepared by a Certified Public Accountant as defined by Florida Statutes § 473.301, not employed by the Applicant, but retained for the purpose of preparing financial statements for the Applicant. Applicants in business less than 1 year shall submit an opening balance sheet and income statement for the months in which it was in business. The opening balance sheet and income statement must be submitted on letterhead from the Applicant’s Certified Public Accountant.
(b) The Applicant must demonstrate that the business is licensed as required by law to do business in the State of Florida if the business requires a license.
(c) An Applicant shall have only 1 business certified with the South Florida Water Management District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented Florida Statutes § 373.1135. History-New 8-3-06, Amended 12-9-20.