1. (1) “Affiliate Business” is defined as an entity or entities that the Applicant controls or has the power to control, whether or not control is exercised; or an entity or entities that controls, or has the power to control the Applicant, whether or not control is exercised. “Control” means the power to direct or cause the direction of management or policies. In determining whether an affiliation exists, it is necessary to consider whether one entity impacts another by examining several factors, including, but not limited to, sharing resources, common ownership (direct or indirect), management, officers, directors, trustees, employees, and contract employees; common use of facilities, equipment, licenses, and contractual obligations; family interest in the Business; or a business entity organized by a debarred entity, individual, or affiliate following the debarment of a contractor that has the same or similar management, ownership, or principal employees as the contractor that was debarred or suspended. Affiliated entities shall be considered together in terms of Gross Receipts in determining whether a Business meets the Program’s eligibility criteria.
2. (2) “Applicant” is defined as the Business that is seeking District Certification or Recertification.
3. (3) “Business” is defined as any entity which complies with all statutes and regulations; specifically, any corporation, limited liability company, partnership, general partnership, limited partnership, sole proprietpr, or other for-profit entity, engaging in commerce, including, but not limited to, construction, commodities, or services.
4. (4) “Certification” or “Recertification” is the process by which the District determines that a Business meets the Program’s criteria of a District SBE.
5. (5) “Commodity Code” is a numeric system or identifier designed to list commodities, tangible personal property (purchase or lease), or services by class and sub-class.
6. (6) “Decertification” is the process by which the District shall determine that a District SBE no longer complies with the Program’s Certification criteria.
7. (7) “District SBE” is defined as a Business certified by the District in either construction, commodities, services or a combination thereof whose three-year average Gross Receipts, including Affiliate Businesses, shall not exceed $21 million if the Business provides construction, $8 million if the Business provides commodities, and $10 million if the Business provides services. A District SBE shall be registered and in good standing with the Florida Department of State Division of Corporations and holds the appropriate license(s) or certification(s) required by law to do business and perform work in the state of Florida.
8. (8) “Government Agency” is defined as any state, county, regional, or local government in Florida, including water management districts.
9. (9) “Gross Receipts” is defined as the total sales for the Applicant and its Affiliate Businesses from all sources during its annual accounting period before deductions for costs, expenses, returned items, allowances, and discounts as reflected in federal income tax returns or financial statements as set forth in paragraph 40E-7.673(2)(a), F.A.C.
10. (10) “Industry” is defined as construction, commodities, and services.
11. (11) “Non-Responsive” with respect to bidders, bids, or proposals is defined as a Business’s bid or proposal that does not conform in material respects to the invitation to bid or request for proposal including all SBE goals set forth.
12. (12) “Non-SBE Prime” is defined as a Business not currently certified bas a District SBE which submits a bid or proposal for the purpose of being awarded a legally binding agreement as a Prime Contractor for the performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions with the District.
13. (13) “Prime Contractor” is defined as any individual or contracting entity with whom the District has entered into a legally binding agreement for performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions.
14. (14) “Program Graduate” is defined as a District SBE that has exceeded the Program’s Gross Receipts eligibility requirement. Does not include District SBEs decertified for cause.
15. (15) “Reciprocal Certification” is defined as District Certification of an Applicant who is actively certified by another Florida Government Agency, provided that the agency has a small business program.
16. (16) “SBE Prime” is defined as a business certified by the District SBE that submits a bid or proposal for the purpose of being awarded a legally binding agreement as a Prime Contractor for the performance of work at a mutually agreed-upon price in accordance with agreed-upon terms and conditions with the District.
17. (17) “SBE Subcontractor” is defined as a District SBE having a direct contract with a Prime Contractor for performance of a portion of the work.
18. (18) “SBE Utilization Plan” details the type and percentage of work that will be performed for the specified project. The SBE Utilization Plan consists of Form No. 0956, “Small Business Enterprise Subcontractor Participation Schedule” (June 26, 2025) (HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18101"http://flrules.org/Gateway/reference.asp?No=Ref-18101), which identifies all Businesses which will be utilized as subcontractors, and Form No. 0957, “Statement of Intent to Perform as a Small Business Enterprise Subcontractor” (June 26, 2025) (HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-18102"http://flrules.org/Gateway/reference.asp?No=Ref-18102), which is completed by all SBE Subcontractors detailed on Form No. 0956, and reflects the intent of the parties’ to establish a formal agreement conditioned upon the Non-SBE Prime’s execution of a contract with the District for said project. The SBE Utilization Plan is incorporated by reference herein and is available at no cost by contacting the District’s SBE Office, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, (800)432-2045, ext. 6446, or (561)682-6446, or via email sbep@sfwmd.gov.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History–New 8-3-06, Amended 8-29-07, 8-29-13, 12-9-20, 6-26-25, Technical Change 6-17-26.