Florida Regulations 14-103.0091: Producer Non-Responsibility
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(1) Producers who wish to supply aggregates to the Department or contractors of the Department, are presumed to be a responsible business or individual unless the Department determines that good cause exists to declare the producer non-responsible, which shall include the following:
(a) The producer made or submitted to the Department false, deceptive, or fraudulent statements, certifications, or materials in any claim for payments or any information required by the Department;
(b) The producer becomes insolvent or is the subject of a bankruptcy petition;
(c) The producer or affiliate(s) has been convicted of a contract crime;
(d) An affiliate of the producer has previously been determined by the Department to be non-responsible, and the specified period of non-responsibility remains in effect;
(e) The producer wrongfully employs or otherwise provides compensation to any employee or officer of the Department, or willfully offers an employee or officer of the Department any pecuniary or other benefit with the intent to influence the employee or officer’s official action or judgment.
(2) Determination of Producer Non-Responsibility. The producer will be determined to be non-responsible and ineligible to supply aggregates to the Department or contractors of the Department for a period of time, based on the seriousness of the deficiency. Examples of factors affecting the seriousness of a deficiency are:
(a) Impacts on project schedule, cost, or quality of work;
(b) Delay or interference with the bidding process;
(c) The potential for repetition;
(d) Integrity of the public construction process; and,
(e) Effect on the health, safety, and welfare of the public.
(3) Notice of intended agency action under this section will be provided in accordance with Fl. Admin. Code R. 28-106.111 The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201 and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice in accordance with Fl. Admin. Code R. 28-106.111
Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10)(a), (b), (c), (13), 337.105(1), 337.11 FS. History-New 7-20-05.
Terms Used In Florida Regulations 14-103.0091
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
(b) The producer becomes insolvent or is the subject of a bankruptcy petition;
(c) The producer or affiliate(s) has been convicted of a contract crime;
(d) An affiliate of the producer has previously been determined by the Department to be non-responsible, and the specified period of non-responsibility remains in effect;
(e) The producer wrongfully employs or otherwise provides compensation to any employee or officer of the Department, or willfully offers an employee or officer of the Department any pecuniary or other benefit with the intent to influence the employee or officer’s official action or judgment.
(2) Determination of Producer Non-Responsibility. The producer will be determined to be non-responsible and ineligible to supply aggregates to the Department or contractors of the Department for a period of time, based on the seriousness of the deficiency. Examples of factors affecting the seriousness of a deficiency are:
(a) Impacts on project schedule, cost, or quality of work;
(b) Delay or interference with the bidding process;
(c) The potential for repetition;
(d) Integrity of the public construction process; and,
(e) Effect on the health, safety, and welfare of the public.
(3) Notice of intended agency action under this section will be provided in accordance with Fl. Admin. Code R. 28-106.111 The Department’s action will become final unless a timely petition for a hearing is filed in accordance with Rules 28-106.104, 28-106.201 and 28-106.301, F.A.C. In order to be timely, the petition must be filed with the Department’s Clerk of Agency Proceedings within 21 days after receipt of the Department’s notice in accordance with Fl. Admin. Code R. 28-106.111
Rulemaking Authority 334.044(2), (10)(c) FS. Law Implemented 334.044(10)(a), (b), (c), (13), 337.105(1), 337.11 FS. History-New 7-20-05.