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Legal update: new Florida contracting rules will require provider affidavits, counsel says
Summary
Counsel told trustees two Florida statutory amendments require contracting counterparties to certify they are not ‘‘companies of concern'' and do not use coercion for labor; board counsel said the rules apply to contracts and not investment decisions and recommended using an affidavit for current and future providers.
Edgewater's board received a legal update on two Florida statutory amendments affecting governmental contracts. Pedro Herrera of Sugarman Susskind told the trustees the first amendment (Florida statute on companies of concern) requires counterparties to certify they are not domiciled, owned or operated in certain countries of concern; the second amendment (Chapter 787) requires certification that contractors do not use coercion for labor.
"We did go ahead and draft an affidavit that will have all of your current service providers sign off on," Herrera said, adding that the board will include the affidavit as an exhibit in future contracts. Herrera emphasized these provisions govern contractual relationships and do not change or restrict the board's investment decisions.
