Florida Senate - 2010 SB 2726
By Senator Siplin
19-01536A-10 20102726__
1 A bill to be entitled
2 An act relating to small businesses; amending s.
3 287.012, F.S.; defining the terms “bundled contract”
4 and “small business” for purposes of state procurement
5 requirements; amending s. 287.057, F.S.; authorizing
6 small businesses to submit bids, proposals, and
7 replies for portions of bundled contracts; authorizing
8 agencies to award separate contracts for portions of a
9 bundled contract under certain circumstances;
10 authorizing agencies to award contracts to small
11 businesses that submit bids that exceed the lowest
12 responsive bid under certain circumstances; requiring
13 agencies to give preference to bids, proposals, and
14 replies submitted by small businesses under certain
15 circumstances; requiring agencies to award a specified
16 percentage of contracts to small businesses; directing
17 agencies to avoid contract bundling under certain
18 circumstances; requiring agencies to conduct market
19 research and include written summaries and analyses of
20 such research in solicitations for bundled contracts;
21 requiring contract vendors to use small businesses in
22 the state as subcontractors or subvendors; requiring
23 the timely payment of subcontractors; requiring the
24 Florida Small Business Advocate to submit an annual
25 report on small business participation in contracting;
26 requiring agencies to cooperate with such reporting;
27 prohibiting agencies from requiring certain bonds or
28 other sureties for certain contracts; amending s.
29 288.703, F.S.; providing and revising definitions;
30 specifying that definitions apply to ch. 288, F.S.;
31 amending s. 120.54, F.S.; deleting provisions
32 authorizing an agency to use an alternative definition
33 of the term “small business” for purposes of
34 estimating the regulatory costs and impact on small
35 businesses of proposed rules; amending ss. 24.113,
36 212.08, 212.096, 220.181, 220.182, 283.33, 287.0931,
37 287.0943, and 287.09451, F.S.; conforming cross
38 references; amending s. 287.0947, F.S.; authorizing
39 the Secretary of Management Services to appoint the
40 Florida Advisory Council on Small and Minority
41 Business Development; deleting obsolete provisions;
42 conforming a cross-reference; amending ss. 310.0015,
43 320.63, 376.3072, 376.60, 440.45, 473.3065, 624.4072,
44 627.3511, 641.217, and 1004.435, F.S.; conforming
45 cross-references; reenacting ss. 120.541(2)(d),
46 288.7001(2)(d), 288.7031, and 290.004(7), F.S.,
47 relating to agency statements of estimated regulatory
48 costs for purposes of rulemaking, the Small Business
49 Regulatory Advisory Council, the application of small
50 and minority business definitions to the state and
51 political subdivisions thereof, and the definition of
52 small business for the Florida Enterprise Zone Act,
53 respectively, to incorporate the amendment made by the
54 act to s. 288.703, F.S., in references thereto;
55 providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Subsections (5) through (26) of section 287.012,
60 Florida Statutes, are renumbered as subsections (6) through
61 (27), respectively, present subsections (27) and (28) are
62 renumbered as subsections (29) and (30), respectively, and new
63 subsections (5) and (28) are added to that section to read:
64 287.012 Definitions.—As used in this part, the term:
65 (5) “Bundled contract” means a contract for commodities or
66 contractual services that may be provided or performed under two
67 or more separate smaller contracts but that are consolidated
68 into a single contract that is not appropriate for award to a
69 small business as the prime contractor.
70 (28) “Small business” means a small business as defined in
71 s. 288.703 which is, and for at least the previous 3 years has
72 been, domiciled in this state.
73 Section 2. Subsections (1) through (3) of section 287.057,
74 Florida Statutes, are amended, and subsections (26) through (30)
75 are added to that section, to read:
76 287.057 Procurement of commodities or contractual
77 services.—
78 (1)(a) Unless otherwise authorized by law, all contracts
79 for the purchase of commodities or contractual services in
80 excess of the threshold amount provided in s. 287.017 for
81 CATEGORY TWO shall be awarded by competitive sealed bidding. An
82 invitation to bid shall be made available simultaneously to all
83 vendors and must include a detailed description of the
84 commodities or contractual services sought; the time and date
85 for the receipt of bids and of the public opening; and all
86 contractual terms and conditions applicable to the procurement,
87 including the criteria to be used in determining acceptability
88 of the bid. If the agency contemplates renewal of the contract,
89 that fact must be stated in the invitation to bid. The bid shall
90 include the price for each year for which the contract may be
91 renewed. Evaluation of bids shall include consideration of the
92 total cost for each year as submitted by the vendor. Criteria
93 that were not set forth in the invitation to bid may not be used
94 in determining acceptability of the bid.
95 (b) The criteria used in determining the acceptability of
96 bids must allow a small business to submit a bid for any portion
97 of a bundled contract. Upon receipt of such a bid, if the agency
98 determines that the small business is a responsible and
99 responsive vendor for that portion of the bundled contract, the
100 agency shall allow each responsible and responsive vendor to
101 submit a separate bid, and may award a separate contract, for
102 that portion of the bundled contract.
103 (c)(b) The contract shall be awarded with reasonable
104 promptness by written notice to the responsible and responsive
105 vendor that submits the lowest responsive bid. For any contract
106 or portion of a bundled contract, the agency may award the
107 contract and must give preference to a responsible and
108 responsive vendor that is a small business whose responsive bid
109 does not exceed the lowest responsive bid by more than 10
110 percent. This bid must be determined in writing to meet the
111 requirements and criteria set forth in the invitation to bid.
112 (2)(a) If an agency determines in writing that the use of
113 an invitation to bid is not practicable, commodities or
114 contractual services shall be procured by competitive sealed
115 proposals. A request for proposals shall be made available
116 simultaneously to all vendors, and must include a statement of
117 the commodities or contractual services sought; the time and
118 date for the receipt of proposals and of the public opening; and
119 all contractual terms and conditions applicable to the
120 procurement, including the criteria, which shall include, but
121 need not be limited to, price, to be used in determining
122 acceptability of the proposal. The relative importance of price
123 and other evaluation criteria shall be indicated. If the agency
124 contemplates renewal of the commodities or contractual services
125 contract, that fact must be stated in the request for proposals.
126 The proposal shall include the price for each year for which the
127 contract may be renewed. Evaluation of proposals shall include
128 consideration of the total cost for each year as submitted by
129 the vendor.
130 (b) The criteria used in determining the acceptability of
131 proposals must allow a small business to submit a proposal for
132 any portion of a bundled contract. Upon receipt of such a
133 proposal, if the agency determines that the small business is a
134 responsible and responsive vendor for that portion of the
135 bundled contract, the agency shall allow each responsible and
136 responsive vendor to submit a separate proposal, and may award a
137 separate contract, for that portion of the bundled contract.
138 (c)(b) The contract shall be awarded to the responsible and
139 responsive vendor whose proposal is determined in writing to be
140 the most advantageous to the state, taking into consideration
141 the price and the other criteria set forth in the request for
142 proposals. For any contract or portion of a bundled contract,
143 the criteria must give preference to a responsive proposal from
144 a responsible and responsive vendor that is a small business.
145 The contract file shall contain documentation supporting the
146 basis on which the award is made.
147 (3)(a) If the agency determines in writing that the use of
148 an invitation to bid or a request for proposals will not result
149 in the best value to the state, the agency may procure
150 commodities and contractual services by competitive sealed
151 replies. The agency’s written determination must specify reasons
152 that explain why negotiation may be necessary in order for the
153 state to achieve the best value and must be approved in writing
154 by the agency head or his or her designee before prior to the
155 advertisement of an invitation to negotiate. An invitation to
156 negotiate shall be made available to all vendors simultaneously
157 and must include a statement of the commodities or contractual
158 services sought; the time and date for the receipt of replies
159 and of the public opening; and all terms and conditions
160 applicable to the procurement, including the criteria to be used
161 in determining the acceptability of the reply. If the agency
162 contemplates renewal of the contract, that fact must be stated
163 in the invitation to negotiate. The reply shall include the
164 price for each year for which the contract may be renewed.
165 (b) The criteria used in determining the acceptability of
166 replies must allow a small business to submit a reply for any
167 portion of a bundled contract. Upon receipt of such a reply, if
168 the agency determines that the small business is a responsible
169 and responsive vendor for that portion of the bundled contract,
170 the agency shall allow each responsible and responsive vendor to
171 submit a separate reply, and may award a separate contract, for
172 that portion of the bundled contract.
173 (c)(b) The agency shall evaluate and rank responsive
174 replies against all evaluation criteria set forth in the
175 invitation to negotiate and shall select, based on the ranking,
176 one or more vendors with which to commence negotiations. For any
177 contract or portion of a bundled contract, the criteria must
178 give preference to a responsive reply from a responsible and
179 responsive vendor that is a small business. After negotiations
180 are conducted, the agency shall award the contract to the
181 responsible and responsive vendor that the agency determines
182 will provide the best value to the state. The contract file must
183 contain a short plain statement that explains the basis for
184 vendor selection and that sets forth the vendor’s deliverables
185 and price, pursuant to the contract, with an explanation of how
186 these deliverables and price provide the best value to the
187 state.
188 (26) An agency shall annually award to small businesses,
189 either directly or indirectly as subcontractors, at least 25
190 percent of the total dollar amount of contracts awarded.
191 (27)(a) An agency, to the maximum extent practicable, shall
192 structure agency contracts to facilitate competition by and
193 among small businesses in this state, taking all reasonable
194 steps to eliminate obstacles to their participation and avoiding
195 the unnecessary and unjustified bundling of contracts that may
196 preclude small business participation as prime contractors.
197 (b) Before issuing a solicitation for a bundled contract,
198 an agency must conduct market research to determine whether
199 contract bundling is necessary and justified. If the agency
200 determines that contract bundling is necessary and justified,
201 the agency must include in the solicitation a written summary of
202 the agency’s market research and a written analysis of the
203 research that explains why contract bundling is necessary and
204 justified.
205 (28)(a) Each contract awarded under this section must
206 require the vendor to use small businesses in this state as
207 subcontractors or subvendors. The percentage of funds, in terms
208 of gross contract amount and revenues, that must be expended
209 with small businesses in this state shall be determined by the
210 agency before the solicitation for the contract is issued;
211 however, the contract may not allow a vendor to expend less than
212 10 percent of the gross contract amount with small businesses in
213 this state.
214 (b) Each contract must also include specific requirements
215 for the timely payment of subcontractors by the prime contractor
216 and specific terms and conditions applicable if a prime
217 contractor breaches the payment timelines specified in the
218 contract.
219 (29) The Florida Small Business Advocate selected under s.
220 288.7002 shall:
221 (a) Establish a system to record and measure the use of
222 small businesses in state contracting. This system shall
223 maintain information and statistics on state business
224 participation, awards, dollar volume of expenditures, and other
225 appropriate types of information to analyze progress in the
226 access of small businesses to state contracts and to monitor
227 agency compliance with this section. Such reporting must
228 include, but is not limited to, the identification of all
229 subcontracts in state contracting by dollar amount and by number
230 of subcontracts and identification of the use of small
231 businesses as prime contractors and subcontractors by dollar
232 amounts of contracts and subcontracts, number of contracts and
233 subcontracts, industry, and any conditions or circumstances that
234 significantly affected the performance of subcontractors. An
235 agency shall report its compliance with the requirements of this
236 reporting system at least annually and at the request of the
237 Florida Small Business Advocate. All agencies shall cooperate
238 with the Florida Small Business Advocate in establishing this
239 reporting system.
240 (b) Report agency compliance with paragraph (a) for the
241 preceding fiscal year to the Governor and Cabinet, the President
242 of the Senate, the Speaker of the House of Representatives, and
243 the Small Business Regulatory Advisory Council created under s.
244 288.7001 on or before February 1 of each year. The report must
245 contain, at a minimum, the following:
246 1. Total expenditures of each agency by industry.
247 2. The dollar amount and percentage of contracts awarded to
248 small businesses by each state agency.
249 3. The dollar amount and percentage of contracts awarded
250 indirectly to small businesses as subcontractors by each state
251 agency.
252 4. The total dollar amount and percentage of contracts
253 awarded to small businesses, whether directly or indirectly as
254 subcontractors.
255 (30) Notwithstanding any provision of law, an agency may
256 not require a vendor to post a bid bond, performance bond, or
257 other surety for a contract that does not exceed $500,000. This
258 subsection does not apply to any requirement for posting a bond
259 pending the protest of a solicitation; the protest of a rejected
260 bid, proposal, or reply; or the protest of a contract award.
261 Section 3. Section 288.703, Florida Statutes, is reordered
262 and amended to read:
263 288.703 Definitions.—As used in this chapter act, the term
264 following words and terms shall have the following meanings
265 unless the content shall indicate another meaning or intent:
266 (1) “Business concern” means a business entity organized
267 for profit that has a place of business within the United
268 States; operates primarily within the United States or makes a
269 significant contribution to the United States economy through
270 payment of taxes or use of American products, materials, or
271 labor; is independently owned and operated; and is not dominant
272 within the business entity’s industry. The term includes any
273 such business entity organized as any form of corporation,
274 partnership, limited liability company, sole proprietorship,
275 joint venture, association, trust, cooperative, or other legal
276 entity.
277 (9)(1) “Small business” means a an independently owned and
278 operated business concern that has a workforce of 100 employs
279 200 or fewer permanent full-time positions, whether employees,
280 independent contractors, or other contractual personnel, and
281 that, together with its affiliates, has a net worth of not more
282 than $5 million or any firm based in this state which has a
283 Small Business Administration 8(a) certification. As applicable
284 to sole proprietorships, the $5 million net worth requirement
285 shall include both personal and business investments.
286 (5)(2) “Minority business enterprise” means any small
287 business that concern as defined in subsection (1) which is
288 organized to engage in commercial transactions, that which is
289 domiciled in Florida, and that which is at least 51-percent
290 owned by minority persons who are members of an insular group
291 that is of a particular racial, ethnic, or gender makeup or
292 national origin, which has been subjected historically to
293 disparate treatment due to identification in and with that group
294 resulting in an underrepresentation of commercial enterprises
295 under the group’s control, and whose management and daily
296 operations are controlled by such persons. A minority business
297 enterprise may primarily involve the practice of a profession.
298 Ownership by a minority person does not include ownership which
299 is the result of a transfer from a nonminority person to a
300 minority person within a related immediate family group if the
301 combined total net asset value of all members of such family
302 group exceeds $1 million. For purposes of this subsection, the
303 term “related immediate family group” means one or more children
304 under 16 years of age and a parent of such children or the
305 spouse of such parent residing in the same house or living unit.
306 (6)(3) “Minority person” means a lawful, permanent resident
307 of Florida who is:
308 (a) An African American, a person having origins in any of
309 the black racial groups of the African Diaspora, regardless of
310 cultural origin.
311 (b) A Hispanic American, a person of Spanish or Portuguese
312 culture with origins in Spain, Portugal, Mexico, South America,
313 Central America, or the Caribbean, regardless of race.
314 (c) An Asian American, a person having origins in any of
315 the original peoples of the Far East, Southeast Asia, the Indian
316 Subcontinent, or the Pacific Islands, including the Hawaiian
317 Islands before prior to 1778.
318 (d) A Native American, a person who has origins in any of
319 the Indian Tribes of North America before prior to 1835, upon
320 presentation of proper documentation thereof as established by
321 rule of the Department of Management Services.
322 (e) An American woman.
323 (2)(4) “Certified minority business enterprise” means a
324 business that is which has been certified by the certifying
325 organization or jurisdiction in accordance with s. 287.0943(1)
326 and (2).
327 (3)(5) “Department” means the Department of Management
328 Services.
329 (7)(6) “Ombudsman” means an office or individual whose
330 responsibilities include coordinating with the Office of
331 Supplier Diversity for the interests of and providing assistance
332 to small and minority business enterprises in dealing with
333 governmental agencies and in developing proposals for changes in
334 state agency rules.
335 (4)(7) “Financial institution” means any bank, trust
336 company, insurance company, savings and loan association, credit
337 union, federal lending agency, or foundation.
338 (8) “Secretary” means the Secretary of the Department of
339 Management Services.
340 Section 4. Paragraph (b) of subsection (3) of section
341 120.54, Florida Statutes, is amended to read:
342 120.54 Rulemaking.—
343 (3) ADOPTION PROCEDURES.—
344 (b) Special matters to be considered in rule adoption.—
345 1. Statement of estimated regulatory costs.—Prior to the
346 adoption, amendment, or repeal of any rule other than an
347 emergency rule, an agency is encouraged to prepare a statement
348 of estimated regulatory costs of the proposed rule, as provided
349 by s. 120.541. However, an agency shall prepare a statement of
350 estimated regulatory costs of the proposed rule, as provided by
351 s. 120.541, if the proposed rule will have an impact on small
352 business.
353 2. Small businesses, small counties, and small cities.—
354 a. Each agency, before the adoption, amendment, or repeal
355 of a rule, shall consider the impact of the rule on small
356 businesses as defined in by s. 288.703 and the impact of the
357 rule on small counties or small cities as defined in by s.
358 120.52. Whenever practicable, an agency shall tier its rules to
359 reduce disproportionate impacts on small businesses, small
360 counties, or small cities to avoid regulating small businesses,
361 small counties, or small cities that do not contribute
362 significantly to the problem the rule is designed to address. An
363 agency may define “small business” to include businesses
364 employing more than 200 persons, may define “small county” to
365 include those with populations of more than 75,000, and may
366 define “small city” to include those with populations of more
367 than 10,000, if it finds that such a definition is necessary to
368 adapt a rule to the needs and problems of small businesses,
369 small counties, or small cities. The agency shall consider each
370 of the following methods for reducing the impact of the proposed
371 rule on small businesses, small counties, and small cities, or
372 any combination of these entities:
373 (I) Establishing less stringent compliance or reporting
374 requirements in the rule.
375 (II) Establishing less stringent schedules or deadlines in
376 the rule for compliance or reporting requirements.
377 (III) Consolidating or simplifying the rule’s compliance or
378 reporting requirements.
379 (IV) Establishing performance standards or best management
380 practices to replace design or operational standards in the
381 rule.
382 (V) Exempting small businesses, small counties, or small
383 cities from any or all requirements of the rule.
384 b.(I) If the agency determines that the proposed action
385 will affect small businesses as defined in s. 288.703 by the
386 agency as provided in sub-subparagraph a., the agency shall send
387 written notice of the rule to the Small Business Regulatory
388 Advisory Council and the Office of Tourism, Trade, and Economic
389 Development not less than 28 days prior to the intended action.
390 (II) Each agency shall adopt those regulatory alternatives
391 offered by the Small Business Regulatory Advisory Council and
392 provided to the agency no later than 21 days after the council’s
393 receipt of the written notice of the rule which it finds are
394 feasible and consistent with the stated objectives of the
395 proposed rule and which would reduce the impact on small
396 businesses. When regulatory alternatives are offered by the
397 Small Business Regulatory Advisory Council, the 90-day period
398 for filing the rule in subparagraph (e)2. is extended for a
399 period of 21 days.
400 (III) If an agency does not adopt all alternatives offered
401 pursuant to this sub-subparagraph, it shall, prior to rule
402 adoption or amendment and pursuant to subparagraph (d)1., file a
403 detailed written statement with the committee explaining the
404 reasons for failure to adopt such alternatives. Within 3 working
405 days of the filing of such notice, the agency shall send a copy
406 of such notice to the Small Business Regulatory Advisory
407 Council. The Small Business Regulatory Advisory Council may make
408 a request of the President of the Senate and the Speaker of the
409 House of Representatives that the presiding officers direct the
410 Office of Program Policy Analysis and Government Accountability
411 to determine whether the rejected alternatives reduce the impact
412 on small business while meeting the stated objectives of the
413 proposed rule. Within 60 days after the date of the directive
414 from the presiding officers, the Office of Program Policy
415 Analysis and Government Accountability shall report to the
416 Administrative Procedures Committee its findings as to whether
417 an alternative reduces the impact on small business while
418 meeting the stated objectives of the proposed rule. The Office
419 of Program Policy Analysis and Government Accountability shall
420 consider the proposed rule, the economic impact statement, the
421 written statement of the agency, the proposed alternatives, and
422 any comment submitted during the comment period on the proposed
423 rule. The Office of Program Policy Analysis and Government
424 Accountability shall submit a report of its findings and
425 recommendations to the Governor, the President of the Senate,
426 and the Speaker of the House of Representatives. The
427 Administrative Procedures Committee shall report such findings
428 to the agency, and the agency shall respond in writing to the
429 Administrative Procedures Committee if the Office of Program
430 Policy Analysis and Government Accountability found that the
431 alternative reduced the impact on small business while meeting
432 the stated objectives of the proposed rule. If the agency will
433 not adopt the alternative, it must also provide a detailed
434 written statement to the committee as to why it will not adopt
435 the alternative.
436 Section 5. Subsection (1) of section 24.113, Florida
437 Statutes, is amended to read:
438 24.113 Minority participation.—
439 (1) It is the intent of the Legislature that the department
440 encourage participation by minority business enterprises as
441 defined in s. 288.703. Accordingly, 15 percent of the retailers
442 shall be minority business enterprises as defined in s.
443 288.703(2); however, no more than 35 percent of such retailers
444 shall be owned by the same type of minority person, as defined
445 in s. 288.703(3). The department is encouraged to meet the
446 minority business enterprise procurement goals set forth in s.
447 287.09451 in the procurement of commodities, contractual
448 services, construction, and architectural and engineering
449 services. This section shall not preclude or prohibit a minority
450 person from competing for any other retailing or vending
451 agreement awarded by the department.
452 Section 6. Paragraphs (g) and (h) of subsection (5) and
453 paragraph (b) of subsection (15) of section 212.08, Florida
454 Statutes, are amended to read:
455 212.08 Sales, rental, use, consumption, distribution, and
456 storage tax; specified exemptions.—The sale at retail, the
457 rental, the use, the consumption, the distribution, and the
458 storage to be used or consumed in this state of the following
459 are hereby specifically exempt from the tax imposed by this
460 chapter.
461 (5) EXEMPTIONS; ACCOUNT OF USE.—
462 (g) Building materials used in the rehabilitation of real
463 property located in an enterprise zone.—
464 1. Building materials used in the rehabilitation of real
465 property located in an enterprise zone shall be exempt from the
466 tax imposed by this chapter upon an affirmative showing to the
467 satisfaction of the department that the items have been used for
468 the rehabilitation of real property located in an enterprise
469 zone. Except as provided in subparagraph 2., this exemption
470 inures to the owner, lessee, or lessor of the rehabilitated real
471 property located in an enterprise zone only through a refund of
472 previously paid taxes. To receive a refund pursuant to this
473 paragraph, the owner, lessee, or lessor of the rehabilitated
474 real property located in an enterprise zone must file an
475 application under oath with the governing body or enterprise
476 zone development agency having jurisdiction over the enterprise
477 zone where the business is located, as applicable, which
478 includes:
479 a. The name and address of the person claiming the refund.
480 b. An address and assessment roll parcel number of the
481 rehabilitated real property in an enterprise zone for which a
482 refund of previously paid taxes is being sought.
483 c. A description of the improvements made to accomplish the
484 rehabilitation of the real property.
485 d. A copy of the building permit issued for the
486 rehabilitation of the real property.
487 e. A sworn statement, under the penalty of perjury, from
488 the general contractor licensed in this state with whom the
489 applicant contracted to make the improvements necessary to
490 accomplish the rehabilitation of the real property, which
491 statement lists the building materials used in the
492 rehabilitation of the real property, the actual cost of the
493 building materials, and the amount of sales tax paid in this
494 state on the building materials. In the event that a general
495 contractor has not been used, the applicant shall provide this
496 information in a sworn statement, under the penalty of perjury.
497 Copies of the invoices which evidence the purchase of the
498 building materials used in such rehabilitation and the payment
499 of sales tax on the building materials shall be attached to the
500 sworn statement provided by the general contractor or by the
501 applicant. Unless the actual cost of building materials used in
502 the rehabilitation of real property and the payment of sales
503 taxes due thereon is documented by a general contractor or by
504 the applicant in this manner, the cost of such building
505 materials shall be an amount equal to 40 percent of the increase
506 in assessed value for ad valorem tax purposes.
507 f. The identifying number assigned pursuant to s. 290.0065
508 to the enterprise zone in which the rehabilitated real property
509 is located.
510 g. A certification by the local building code inspector
511 that the improvements necessary to accomplish the rehabilitation
512 of the real property are substantially completed.
513 h. Whether the business is a small business as defined in
514 by s. 288.703(1).
515 i. If applicable, the name and address of each permanent
516 employee of the business, including, for each employee who is a
517 resident of an enterprise zone, the identifying number assigned
518 pursuant to s. 290.0065 to the enterprise zone in which the
519 employee resides.
520 2. This exemption inures to a city, county, other
521 governmental agency, or nonprofit community-based organization
522 through a refund of previously paid taxes if the building
523 materials used in the rehabilitation of real property located in
524 an enterprise zone are paid for from the funds of a community
525 development block grant, State Housing Initiatives Partnership
526 Program, or similar grant or loan program. To receive a refund
527 pursuant to this paragraph, a city, county, other governmental
528 agency, or nonprofit community-based organization must file an
529 application which includes the same information required to be
530 provided in subparagraph 1. by an owner, lessee, or lessor of
531 rehabilitated real property. In addition, the application must
532 include a sworn statement signed by the chief executive officer
533 of the city, county, other governmental agency, or nonprofit
534 community-based organization seeking a refund which states that
535 the building materials for which a refund is sought were paid
536 for from the funds of a community development block grant, State
537 Housing Initiatives Partnership Program, or similar grant or
538 loan program.
539 3. Within 10 working days after receipt of an application,
540 the governing body or enterprise zone development agency shall
541 review the application to determine if it contains all the
542 information required pursuant to subparagraph 1. or subparagraph
543 2. and meets the criteria set out in this paragraph. The
544 governing body or agency shall certify all applications that
545 contain the information required pursuant to subparagraph 1. or
546 subparagraph 2. and meet the criteria set out in this paragraph
547 as eligible to receive a refund. If applicable, the governing
548 body or agency shall also certify if 20 percent of the employees
549 of the business are residents of an enterprise zone, excluding
550 temporary and part-time employees. The certification shall be in
551 writing, and a copy of the certification shall be transmitted to
552 the executive director of the Department of Revenue. The
553 applicant shall be responsible for forwarding a certified
554 application to the department within the time specified in
555 subparagraph 4.
556 4. An application for a refund pursuant to this paragraph
557 must be submitted to the department within 6 months after the
558 rehabilitation of the property is deemed to be substantially
559 completed by the local building code inspector or by September 1
560 after the rehabilitated property is first subject to assessment.
561 5. Not more than one exemption through a refund of
562 previously paid taxes for the rehabilitation of real property
563 shall be permitted for any single parcel of property unless
564 there is a change in ownership, a new lessor, or a new lessee of
565 the real property. No refund shall be granted pursuant to this
566 paragraph unless the amount to be refunded exceeds $500. No
567 refund granted pursuant to this paragraph shall exceed the
568 lesser of 97 percent of the Florida sales or use tax paid on the
569 cost of the building materials used in the rehabilitation of the
570 real property as determined pursuant to sub-subparagraph 1.e. or
571 $5,000, or, if no less than 20 percent of the employees of the
572 business are residents of an enterprise zone, excluding
573 temporary and part-time employees, the amount of refund granted
574 pursuant to this paragraph shall not exceed the lesser of 97
575 percent of the sales tax paid on the cost of such building
576 materials or $10,000. A refund approved pursuant to this
577 paragraph shall be made within 30 days of formal approval by the
578 department of the application for the refund. This subparagraph
579 shall apply retroactively to July 1, 2005.
580 6. The department shall adopt rules governing the manner
581 and form of refund applications and may establish guidelines as
582 to the requisites for an affirmative showing of qualification
583 for exemption under this paragraph.
584 7. The department shall deduct an amount equal to 10
585 percent of each refund granted under the provisions of this
586 paragraph from the amount transferred into the Local Government
587 Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
588 for the county area in which the rehabilitated real property is
589 located and shall transfer that amount to the General Revenue
590 Fund.
591 8. For the purposes of the exemption provided in this
592 paragraph:
593 a. “Building materials” means tangible personal property
594 which becomes a component part of improvements to real property.
595 b. “Real property” has the same meaning as provided in s.
596 192.001(12).
597 c. “Rehabilitation of real property” means the
598 reconstruction, renovation, restoration, rehabilitation,
599 construction, or expansion of improvements to real property.
600 d. “Substantially completed” has the same meaning as
601 provided in s. 192.042(1).
602 9. This paragraph expires on the date specified in s.
603 290.016 for the expiration of the Florida Enterprise Zone Act.
604 (h) Business property used in an enterprise zone.—
605 1. Business property purchased for use by businesses
606 located in an enterprise zone which is subsequently used in an
607 enterprise zone shall be exempt from the tax imposed by this
608 chapter. This exemption inures to the business only through a
609 refund of previously paid taxes. A refund shall be authorized
610 upon an affirmative showing by the taxpayer to the satisfaction
611 of the department that the requirements of this paragraph have
612 been met.
613 2. To receive a refund, the business must file under oath
614 with the governing body or enterprise zone development agency
615 having jurisdiction over the enterprise zone where the business
616 is located, as applicable, an application which includes:
617 a. The name and address of the business claiming the
618 refund.
619 b. The identifying number assigned pursuant to s. 290.0065
620 to the enterprise zone in which the business is located.
621 c. A specific description of the property for which a
622 refund is sought, including its serial number or other permanent
623 identification number.
624 d. The location of the property.
625 e. The sales invoice or other proof of purchase of the
626 property, showing the amount of sales tax paid, the date of
627 purchase, and the name and address of the sales tax dealer from
628 whom the property was purchased.
629 f. Whether the business is a small business as defined in
630 by s. 288.703(1).
631 g. If applicable, the name and address of each permanent
632 employee of the business, including, for each employee who is a
633 resident of an enterprise zone, the identifying number assigned
634 pursuant to s. 290.0065 to the enterprise zone in which the
635 employee resides.
636 3. Within 10 working days after receipt of an application,
637 the governing body or enterprise zone development agency shall
638 review the application to determine if it contains all the
639 information required pursuant to subparagraph 2. and meets the
640 criteria set out in this paragraph. The governing body or agency
641 shall certify all applications that contain the information
642 required pursuant to subparagraph 2. and meet the criteria set
643 out in this paragraph as eligible to receive a refund. If
644 applicable, the governing body or agency shall also certify if
645 20 percent of the employees of the business are residents of an
646 enterprise zone, excluding temporary and part-time employees.
647 The certification shall be in writing, and a copy of the
648 certification shall be transmitted to the executive director of
649 the Department of Revenue. The business shall be responsible for
650 forwarding a certified application to the department within the
651 time specified in subparagraph 4.
652 4. An application for a refund pursuant to this paragraph
653 must be submitted to the department within 6 months after the
654 tax is due on the business property that is purchased.
655 5. The amount refunded on purchases of business property
656 under this paragraph shall be the lesser of 97 percent of the
657 sales tax paid on such business property or $5,000, or, if no
658 less than 20 percent of the employees of the business are
659 residents of an enterprise zone, excluding temporary and part
660 time employees, the amount refunded on purchases of business
661 property under this paragraph shall be the lesser of 97 percent
662 of the sales tax paid on such business property or $10,000. A
663 refund approved pursuant to this paragraph shall be made within
664 30 days of formal approval by the department of the application
665 for the refund. No refund shall be granted under this paragraph
666 unless the amount to be refunded exceeds $100 in sales tax paid
667 on purchases made within a 60-day time period.
668 6. The department shall adopt rules governing the manner
669 and form of refund applications and may establish guidelines as
670 to the requisites for an affirmative showing of qualification
671 for exemption under this paragraph.
672 7. If the department determines that the business property
673 is used outside an enterprise zone within 3 years from the date
674 of purchase, the amount of taxes refunded to the business
675 purchasing such business property shall immediately be due and
676 payable to the department by the business, together with the
677 appropriate interest and penalty, computed from the date of
678 purchase, in the manner provided by this chapter.
679 Notwithstanding this subparagraph, business property used
680 exclusively in:
681 a. Licensed commercial fishing vessels,
682 b. Fishing guide boats, or
683 c. Ecotourism guide boats
684
685 that leave and return to a fixed location within an area
686 designated under s. 379.2353 are eligible for the exemption
687 provided under this paragraph if all requirements of this
688 paragraph are met. Such vessels and boats must be owned by a
689 business that is eligible to receive the exemption provided
690 under this paragraph. This exemption does not apply to the
691 purchase of a vessel or boat.
692 8. The department shall deduct an amount equal to 10
693 percent of each refund granted under the provisions of this
694 paragraph from the amount transferred into the Local Government
695 Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
696 for the county area in which the business property is located
697 and shall transfer that amount to the General Revenue Fund.
698 9. For the purposes of this exemption, “business property”
699 means new or used property defined as “recovery property” in s.
700 168(c) of the Internal Revenue Code of 1954, as amended, except:
701 a. Property classified as 3-year property under s.
702 168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
703 b. Industrial machinery and equipment as defined in sub
704 subparagraph (b)6.a. and eligible for exemption under paragraph
705 (b);
706 c. Building materials as defined in sub-subparagraph
707 (g)8.a.; and
708 d. Business property having a sales price of under $5,000
709 per unit.
710 10. This paragraph expires on the date specified in s.
711 290.016 for the expiration of the Florida Enterprise Zone Act.
712 (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
713 (b) To receive this exemption, a business must file an
714 application, with the enterprise zone development agency having
715 jurisdiction over the enterprise zone where the business is
716 located, on a form provided by the department for the purposes
717 of this subsection and s. 166.231(8). The application shall be
718 made under oath and shall include:
719 1. The name and location of the business.
720 2. The identifying number assigned pursuant to s. 290.0065
721 to the enterprise zone in which the business is located.
722 3. The date on which electrical service is to be first
723 initiated to the business.
724 4. The name and mailing address of the entity from which
725 electrical energy is to be purchased.
726 5. The date of the application.
727 6. The name of the city in which the business is located.
728 7. If applicable, the name and address of each permanent
729 employee of the business including, for each employee who is a
730 resident of an enterprise zone, the identifying number assigned
731 pursuant to s. 290.0065 to the enterprise zone in which the
732 employee resides.
733 8. Whether the business is a small business as defined in
734 by s. 288.703(1).
735 Section 7. Paragraph (g) of subsection (3) of section
736 212.096, Florida Statutes, is amended to read:
737 212.096 Sales, rental, storage, use tax; enterprise zone
738 jobs credit against sales tax.—
739 (3) In order to claim this credit, an eligible business
740 must file under oath with the governing body or enterprise zone
741 development agency having jurisdiction over the enterprise zone
742 where the business is located, as applicable, a statement which
743 includes:
744 (g) Whether the business is a small business as defined in
745 by s. 288.703(1).
746 Section 8. Paragraph (g) of subsection (2) of section
747 220.181, Florida Statutes, is amended to read:
748 220.181 Enterprise zone jobs credit.—
749 (2) When filing for an enterprise zone jobs credit, a
750 business must file under oath with the governing body or
751 enterprise zone development agency having jurisdiction over the
752 enterprise zone where the business is located, as applicable, a
753 statement which includes:
754 (g) Whether the business is a small business as defined in
755 by s. 288.703(1).
756 Section 9. Subsection (13) of section 220.182, Florida
757 Statutes, is amended to read:
758 220.182 Enterprise zone property tax credit.—
759 (13) When filing for an enterprise zone property tax
760 credit, a business shall indicate whether the business is a
761 small business as defined in by s. 288.703(1).
762 Section 10. Subsection (1) of section 283.33, Florida
763 Statutes, is amended to read:
764 283.33 Printing of publications; lowest bidder awards.—
765 (1) Publications may be printed and prepared in-house, by
766 another agency or the Legislature, or purchased on bid,
767 whichever is more economical and practicable as determined by
768 the agency. An agency may contract for binding separately when
769 more economical or practicable, whether or not the remainder of
770 the printing is done in-house. A vendor may subcontract for
771 binding and still be considered a responsible vendor,
772 notwithstanding s. 287.012(25)(24).
773 Section 11. Subsection (2) of section 287.0931, Florida
774 Statutes, is amended to read:
775 287.0931 Minority business enterprises; participation in
776 bond underwriting.—
777 (2) To meet such participation requirement, the minority
778 firm must have full-time employees located in this state, must
779 have a permanent place of business located in this state, and
780 must be a firm which is at least 51-percent-owned by minority
781 persons as defined in s. 288.703(3). However, for the purpose of
782 bond underwriting only, the requirement that the minority person
783 be a permanent resident of this state shall not apply.
784 Section 12. Paragraph (e) of subsection (2) of section
785 287.0943, Florida Statutes, is amended to read:
786 287.0943 Certification of minority business enterprises.—
787 (2)
788 (e) In assessing the status of ownership and control,
789 certification criteria shall, at a minimum:
790 1. Link ownership by a minority person, as defined in s.
791 288.703(3), or as dictated by the legal obligations of a
792 certifying organization, to day-to-day control and financial
793 risk by the qualifying minority owner, and to demonstrated
794 expertise or licensure of a minority owner in any trade or
795 profession that the minority business enterprise will offer to
796 the state when certified. Businesses must comply with all state
797 licensing requirements prior to becoming certified as a minority
798 business enterprise.
799 2. If present ownership was obtained by transfer, require
800 the minority person on whom eligibility is based to have owned
801 at least 51 percent of the applicant firm for a minimum of 2
802 years, when any previous majority ownership interest in the firm
803 was by a nonminority who is or was a relative, former employer,
804 or current employer of the minority person on whom eligibility
805 is based. This requirement shall not apply to minority persons
806 who are otherwise eligible who take a 51-percent-or-greater
807 interest in a firm that requires professional licensure to
808 operate and who will be the qualifying licenseholder for the
809 firm when certified. A transfer made within a related immediate
810 family group from a nonminority person to a minority person in
811 order to establish ownership by a minority person shall be
812 deemed to have been made solely for purposes of satisfying
813 certification criteria and shall render such ownership invalid
814 for purposes of qualifying for such certification if the
815 combined total net asset value of all members of such family
816 group exceeds $1 million. For purposes of this subparagraph, the
817 term “related immediate family group” means one or more children
818 under 16 years of age and a parent of such children or the
819 spouse of such parent residing in the same house or living unit.
820 3. Require that prospective certified minority business
821 enterprises be currently performing or seeking to perform a
822 useful business function. A “useful business function” is
823 defined as a business function which results in the provision of
824 materials, supplies, equipment, or services to customers. Acting
825 as a conduit to transfer funds to a nonminority business does
826 not constitute a useful business function unless it is done so
827 in a normal industry practice. As used in this section, the term
828 “acting as a conduit” means, in part, not acting as a regular
829 dealer by making sales of material, goods, or supplies from
830 items bought, kept in stock, and regularly sold to the public in
831 the usual course of business. Brokers, manufacturer’s
832 representatives, sales representatives, and nonstocking
833 distributors are considered as conduits that do not perform a
834 useful business function, unless normal industry practice
835 dictates.
836 Section 13. Paragraph (n) of subsection (4) of section
837 287.09451, Florida Statutes, is amended to read:
838 287.09451 Office of Supplier Diversity; powers, duties, and
839 functions.—
840 (4) The Office of Supplier Diversity shall have the
841 following powers, duties, and functions:
842 (n)1. To develop procedures to be used by an agency in
843 identifying commodities, contractual services, architectural and
844 engineering services, and construction contracts, except those
845 architectural, engineering, construction, or other related
846 services or contracts subject to the provisions of chapter 339,
847 that could be provided by minority business enterprises. Each
848 agency is encouraged to spend 21 percent of the moneys actually
849 expended for construction contracts, 25 percent of the moneys
850 actually expended for architectural and engineering contracts,
851 24 percent of the moneys actually expended for commodities, and
852 50.5 percent of the moneys actually expended for contractual
853 services during the previous fiscal year, except for the state
854 university construction program which shall be based upon public
855 education capital outlay projections for the subsequent fiscal
856 year, and reported to the Legislature pursuant to s. 216.023,
857 for the purpose of entering into contracts with certified
858 minority business enterprises as defined in s. 288.703(2), or
859 approved joint ventures. However, in the event of budget
860 reductions pursuant to s. 216.221, the base amounts may be
861 adjusted to reflect such reductions. The overall spending goal
862 for each industry category shall be subdivided as follows:
863 a. For construction contracts: 4 percent for black
864 Americans, 6 percent for Hispanic-Americans, and 11 percent for
865 American women.
866 b. For architectural and engineering contracts: 9 percent
867 for Hispanic-Americans, 1 percent for Asian-Americans, and 15
868 percent for American women.
869 c. For commodities: 2 percent for black Americans, 4
870 percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
871 0.5 percent for Native Americans, and 17 percent for American
872 women.
873 d. For contractual services: 6 percent for black Americans,
874 7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
875 0.5 percent for Native Americans, and 36 percent for American
876 women.
877 2. For the purposes of commodities contracts for the
878 purchase of equipment to be used in the construction and
879 maintenance of state transportation facilities involving the
880 Department of Transportation, “minority business enterprise” has
881 the same meaning as provided in s. 288.703. “Minority person”
882 has the same meaning as in s. 288.703(3). In order to ensure
883 that the goals established under this paragraph for contracting
884 with certified minority business enterprises are met, the
885 department, with the assistance of the Office of Supplier
886 Diversity, shall make recommendations to the Legislature on
887 revisions to the goals, based on an updated statistical
888 analysis, at least once every 5 years. Such recommendations
889 shall be based on statistical data indicating the availability
890 of and disparity in the use of minority businesses contracting
891 with the state. The results of the first updated disparity study
892 must be presented to the Legislature no later than December 1,
893 1996.
894 3. In determining the base amounts for assessing compliance
895 with this paragraph, the Office of Supplier Diversity may
896 develop, by rule, guidelines for all agencies to use in
897 establishing such base amounts. These rules must include, but
898 are not limited to, guidelines for calculation of base amounts,
899 a deadline for the agencies to submit base amounts, a deadline
900 for approval of the base amounts by the Office of Supplier
901 Diversity, and procedures for adjusting the base amounts as a
902 result of budget reductions made pursuant to s. 216.221.
903 4. To determine guidelines for the use of price
904 preferences, weighted preference formulas, or other preferences,
905 as appropriate to the particular industry or trade, to increase
906 the participation of minority businesses in state contracting.
907 These guidelines shall include consideration of:
908 a. Size and complexity of the project.
909 b. The concentration of transactions with minority business
910 enterprises for the commodity or contractual services in
911 question in prior agency contracting.
912 c. The specificity and definition of work allocated to
913 participating minority business enterprises.
914 d. The capacity of participating minority business
915 enterprises to complete the tasks identified in the project.
916 e. The available pool of minority business enterprises as
917 prime contractors, either alone or as partners in an approved
918 joint venture that serves as the prime contractor.
919 5. To determine guidelines for use of joint ventures to
920 meet minority business enterprises spending goals. For purposes
921 of this section, “joint venture” means any association of two or
922 more business concerns to carry out a single business enterprise
923 for profit, for which purpose they combine their property,
924 capital, efforts, skills, and knowledge. The guidelines shall
925 allow transactions with joint ventures to be eligible for credit
926 against the minority business enterprise goals of an agency when
927 the contracting joint venture demonstrates that at least one
928 partner to the joint venture is a certified minority business
929 enterprise as defined in s. 288.703, and that such partner is
930 responsible for a clearly defined portion of the work to be
931 performed, and shares in the ownership, control, management,
932 responsibilities, risks, and profits of the joint venture. Such
933 demonstration shall be by verifiable documents and sworn
934 statements and may be reviewed by the Office of Supplier
935 Diversity at or before the time a contract bid, proposal, or
936 reply is submitted. An agency may count toward its minority
937 business enterprise goals a portion of the total dollar amount
938 of a contract equal to the percentage of the ownership and
939 control held by the qualifying certified minority business
940 partners in the contracting joint venture, so long as the joint
941 venture meets the guidelines adopted by the office.
942 Section 14. Subsection (1) of section 287.0947, Florida
943 Statutes, is amended to read:
944 287.0947 Florida Advisory Council on Small and Minority
945 Business Development; creation; membership; duties.—
946 (1) On or after October 1, 1996, The Secretary of
947 Management Services the Department of Labor and Employment
948 Security may create the Florida Advisory Council on Small and
949 Minority Business Development with the purpose of advising and
950 assisting the secretary in carrying out the secretary’s duties
951 with respect to minority businesses and economic and business
952 development. It is the intent of the Legislature that the
953 membership of such council include practitioners, laypersons,
954 financiers, and others with business development experience who
955 can provide invaluable insight and expertise for this state in
956 the diversification of its markets and networking of business
957 opportunities. The council shall initially consist of 19
958 persons, each of whom is or has been actively engaged in small
959 and minority business development, either in private industry,
960 in governmental service, or as a scholar of recognized
961 achievement in the study of such matters. Initially, the council
962 shall consist of members representing all regions of the state
963 and shall include at least one member from each group identified
964 within the definition of “minority person” in s. 288.703(3),
965 considering also gender and nationality subgroups, and shall
966 consist of the following:
967 (a) Four members consisting of representatives of local and
968 federal small and minority business assistance programs or
969 community development programs.
970 (b) Eight members composed of representatives of the
971 minority private business sector, including certified minority
972 business enterprises and minority supplier development councils,
973 among whom at least two shall be women and at least four shall
974 be minority persons.
975 (c) Two representatives of local government, one of whom
976 shall be a representative of a large local government, and one
977 of whom shall be a representative of a small local government.
978 (d) Two representatives from the banking and insurance
979 industry.
980 (e) Two members from the private business sector,
981 representing the construction and commodities industries.
982 (f) The chairperson of the Florida Black Business
983 Investment Board or the chairperson’s designee.
984
985 A candidate for appointment may be considered if eligible to be
986 certified as an owner of a minority business enterprise, or if
987 otherwise qualified under the criteria above. Vacancies may be
988 filled by appointment of the secretary, in the manner of the
989 original appointment.
990 Section 15. Paragraph (d) of subsection (3) of section
991 310.0015, Florida Statutes, is amended to read:
992 310.0015 Piloting regulation; general provisions.—
993 (3) The rate-setting process, the issuance of licenses only
994 in numbers deemed necessary or prudent by the board, and other
995 aspects of the economic regulation of piloting established in
996 this chapter are intended to protect the public from the adverse
997 effects of unrestricted competition which would result from an
998 unlimited number of licensed pilots being allowed to market
999 their services on the basis of lower prices rather than safety
1000 concerns. This system of regulation benefits and protects the
1001 public interest by maximizing safety, avoiding uneconomic
1002 duplication of capital expenses and facilities, and enhancing
1003 state regulatory oversight. The system seeks to provide pilots
1004 with reasonable revenues, taking into consideration the normal
1005 uncertainties of vessel traffic and port usage, sufficient to
1006 maintain reliable, stable piloting operations. Pilots have
1007 certain restrictions and obligations under this system,
1008 including, but not limited to, the following:
1009 (d)1. The pilot or pilots in a port shall train and
1010 compensate all member deputy pilots in that port. Failure to
1011 train or compensate such deputy pilots shall constitute a ground
1012 for disciplinary action under s. 310.101. Nothing in this
1013 subsection shall be deemed to create an agency or employment
1014 relationship between a pilot or deputy pilot and the pilot or
1015 pilots in a port.
1016 2. The pilot or pilots in a port shall establish a
1017 competency-based mentor program by which minority persons, as
1018 defined in s. 288.703(3), may acquire the skills for the
1019 professional preparation and education competency requirements
1020 of a licensed state pilot or certificated deputy pilot. The
1021 department shall provide the Governor, the President of the
1022 Senate, and the Speaker of the House of Representatives with a
1023 report each year on the number of minority persons, as defined
1024 in s. 288.703(3), who have participated in each mentor program,
1025 who are licensed state pilots or certificated deputy pilots, and
1026 who have applied for state pilot licensure or deputy pilot
1027 certification.
1028 Section 16. Subsection (3) of section 320.63, Florida
1029 Statutes, is amended to read:
1030 320.63 Application for license; contents.—Any person
1031 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
1032 application therefor to the department upon a form containing
1033 such information as the department requires. The department
1034 shall require, with such application or otherwise and from time
1035 to time, all of the following, which information may be
1036 considered by the department in determining the fitness of the
1037 applicant or licensee to engage in the business for which the
1038 applicant or licensee desires to be licensed:
1039 (3) From each manufacturer, distributor, or importer which
1040 utilizes an identical blanket basic agreement for its dealers or
1041 distributors in this state, which agreement comprises all or any
1042 part of the applicant’s or licensee’s agreements with motor
1043 vehicle dealers in this state, a copy of the written agreement
1044 and all supplements thereto, together with a list of the
1045 applicant’s or licensee’s authorized dealers or distributors and
1046 their addresses. The applicant or licensee shall further notify
1047 the department immediately of the appointment of any additional
1048 dealer or distributor. The applicant or licensee shall annually
1049 report to the department on its efforts to add new minority
1050 dealer points, including difficulties encountered under ss.
1051 320.61-320.70. For purposes of this section “minority” shall
1052 have the same meaning as that given it in the definition of
1053 “minority person” in s. 288.703(3). Not later than 60 days prior
1054 to the date a revision or modification to a franchise agreement
1055 is offered uniformly to a licensee’s motor vehicle dealers in
1056 this state, the licensee shall notify the department of such
1057 revision, modification, or addition to the franchise agreement
1058 on file with the department. In no event may a franchise
1059 agreement, or any addendum or supplement thereto, be offered to
1060 a motor vehicle dealer in this state until the applicant or
1061 licensee files an affidavit with the department acknowledging
1062 that the terms or provisions of the agreement, or any related
1063 document, are not inconsistent with, prohibited by, or contrary
1064 to the provisions contained in ss. 320.60-320.70. Any franchise
1065 agreement offered to a motor vehicle dealer in this state shall
1066 provide that all terms and conditions in such agreement
1067 inconsistent with the law and rules of this state are of no
1068 force and effect.
1069 Section 17. Paragraph (a) of subsection (2) of section
1070 376.3072, Florida Statutes, is amended to read:
1071 376.3072 Florida Petroleum Liability and Restoration
1072 Insurance Program.—
1073 (2)(a) Any owner or operator of a petroleum storage system
1074 may become an insured in the restoration insurance program at a
1075 facility provided:
1076 1. A site at which an incident has occurred shall be
1077 eligible for restoration if the insured is a participant in the
1078 third-party liability insurance program or otherwise meets
1079 applicable financial responsibility requirements. After July 1,
1080 1993, the insured must also provide the required excess
1081 insurance coverage or self-insurance for restoration to achieve
1082 the financial responsibility requirements of 40 C.F.R. s.
1083 280.97, subpart H, not covered by paragraph (d).
1084 2. A site which had a discharge reported prior to January
1085 1, 1989, for which notice was given pursuant to s. 376.3071(9)
1086 or (12), and which is ineligible for the third-party liability
1087 insurance program solely due to that discharge shall be eligible
1088 for participation in the restoration program for any incident
1089 occurring on or after January 1, 1989, in accordance with
1090 subsection (3). Restoration funding for an eligible contaminated
1091 site will be provided without participation in the third-party
1092 liability insurance program until the site is restored as
1093 required by the department or until the department determines
1094 that the site does not require restoration.
1095 3. Notwithstanding paragraph (b), a site where an
1096 application is filed with the department prior to January 1,
1097 1995, where the owner is a small business under s. 288.703(1), a
1098 state community college with less than 2,500 FTE, a religious
1099 institution as defined in by s. 212.08(7)(m), a charitable
1100 institution as defined in by s. 212.08(7)(p), or a county or
1101 municipality with a population of less than 50,000, shall be
1102 eligible for up to $400,000 of eligible restoration costs, less
1103 a deductible of $10,000 for small businesses, eligible community
1104 colleges, and religious or charitable institutions, and $30,000
1105 for eligible counties and municipalities, provided that:
1106 a. Except as provided in sub-subparagraph e., the facility
1107 was in compliance with department rules at the time of the
1108 discharge.
1109 b. The owner or operator has, upon discovery of a
1110 discharge, promptly reported the discharge to the department,
1111 and drained and removed the system from service, if necessary.
1112 c. The owner or operator has not intentionally caused or
1113 concealed a discharge or disabled leak detection equipment.
1114 d. The owner or operator proceeds to complete initial
1115 remedial action as defined by department rules.
1116 e. The owner or operator, if required and if it has not
1117 already done so, applies for third-party liability coverage for
1118 the facility within 30 days of receipt of an eligibility order
1119 issued by the department pursuant to this provision.
1120
1121 However, the department may consider in-kind services from
1122 eligible counties and municipalities in lieu of the $30,000
1123 deductible. The cost of conducting initial remedial action as
1124 defined by department rules shall be an eligible restoration
1125 cost pursuant to this provision.
1126 4.a. By January 1, 1997, facilities at sites with existing
1127 contamination shall be required to have methods of release
1128 detection to be eligible for restoration insurance coverage for
1129 new discharges subject to department rules for secondary
1130 containment. Annual storage system testing, in conjunction with
1131 inventory control, shall be considered to be a method of release
1132 detection until the later of December 22, 1998, or 10 years
1133 after the date of installation or the last upgrade. Other
1134 methods of release detection for storage tanks which meet such
1135 requirement are:
1136 (I) Interstitial monitoring of tank and integral piping
1137 secondary containment systems;
1138 (II) Automatic tank gauging systems; or
1139 (III) A statistical inventory reconciliation system with a
1140 tank test every 3 years.
1141 b. For pressurized integral piping systems, the owner or
1142 operator must use:
1143 (I) An automatic in-line leak detector with flow
1144 restriction meeting the requirements of department rules used in
1145 conjunction with an annual tightness or pressure test; or
1146 (II) An automatic in-line leak detector with electronic
1147 flow shut-off meeting the requirements of department rules.
1148 c. For suction integral piping systems, the owner or
1149 operator must use:
1150 (I) A single check valve installed directly below the
1151 suction pump, provided there are no other valves between the
1152 dispenser and the tank; or
1153 (II) An annual tightness test or other approved test.
1154 d. Owners of facilities with existing contamination that
1155 install internal release detection systems in accordance with
1156 sub-subparagraph a. shall permanently close their external
1157 groundwater and vapor monitoring wells in accordance with
1158 department rules by December 31, 1998. Upon installation of the
1159 internal release detection system, these wells shall be secured
1160 and taken out of service until permanent closure.
1161 e. Facilities with vapor levels of contamination meeting
1162 the requirements of or below the concentrations specified in the
1163 performance standards for release detection methods specified in
1164 department rules may continue to use vapor monitoring wells for
1165 release detection.
1166 f. The department may approve other methods of release
1167 detection for storage tanks and integral piping which have at
1168 least the same capability to detect a new release as the methods
1169 specified in this subparagraph.
1170 Section 18. Section 376.60, Florida Statutes, is amended to
1171 read:
1172 376.60 Asbestos removal program inspection and notification
1173 fee.—The Department of Environmental Protection shall charge an
1174 inspection and notification fee, not to exceed $300 for a small
1175 business as defined in s. 288.703(1), or $1,000 for any other
1176 project, for any asbestos removal project. The department may
1177 establish a fee schedule by rule. Schools, colleges,
1178 universities, residential dwellings, and those persons otherwise
1179 exempted from licensure under s. 469.002(4) are exempt from the
1180 fees. Any fee collected must be deposited in the asbestos
1181 program account in the Air Pollution Control Trust Fund to be
1182 used by the department to administer its asbestos removal
1183 program.
1184 (1) In those counties with approved local air pollution
1185 control programs, the department shall return 80 percent of the
1186 asbestos removal program inspection and notification fees
1187 collected in that county to the local government quarterly, if
1188 the county requests it.
1189 (2) The fees returned to a county under subsection (1) must
1190 be used only for asbestos-related program activities.
1191 (3) A county may not levy any additional fees for asbestos
1192 removal activity while it receives fees under subsection (1).
1193 (4) If a county has requested reimbursement under
1194 subsection (1), the department shall reimburse the approved
1195 local air pollution control program with 80 percent of the fees
1196 collected in the county retroactive to July 1, 1994, for
1197 asbestos-related program activities.
1198 (5) If an approved local air pollution control program that
1199 is providing asbestos notification and inspection services
1200 according to 40 C.F.R. part 61, subpart M, and is collecting
1201 fees sufficient to support the requirements of 40 C.F.R. part
1202 61, subpart M, opts not to receive the state-generated asbestos
1203 notification fees, the state may discontinue collection of the
1204 state asbestos notification fees in that county.
1205 Section 19. Paragraph (b) of subsection (2) of section
1206 440.45, Florida Statutes, is amended to read:
1207 440.45 Office of the Judges of Compensation Claims.—
1208 (2)
1209 (b) Except as provided in paragraph (c), the Governor shall
1210 appoint a judge of compensation claims from a list of three
1211 persons nominated by a statewide nominating commission. The
1212 statewide nominating commission shall be composed of the
1213 following:
1214 1. Five members, at least one of whom must be a member of a
1215 minority group as defined in s. 288.703(3), one of each who
1216 resides in each of the territorial jurisdictions of the district
1217 courts of appeal, appointed by the Board of Governors of The
1218 Florida Bar from among The Florida Bar members who are engaged
1219 in the practice of law. On July 1, 1999, the term of office of
1220 each person appointed by the Board of Governors of The Florida
1221 Bar to the commission expires. The Board of Governors shall
1222 appoint members who reside in the odd-numbered district court of
1223 appeal jurisdictions to 4-year terms each, beginning July 1,
1224 1999, and members who reside in the even-numbered district court
1225 of appeal jurisdictions to 2-year terms each, beginning July 1,
1226 1999. Thereafter, each member shall be appointed for a 4-year
1227 term;
1228 2. Five electors, at least one of whom must be a member of
1229 a minority group as defined in s. 288.703(3), one of each who
1230 resides in each of the territorial jurisdictions of the district
1231 courts of appeal, appointed by the Governor. On July 1, 1999,
1232 the term of office of each person appointed by the Governor to
1233 the commission expires. The Governor shall appoint members who
1234 reside in the odd-numbered district court of appeal
1235 jurisdictions to 2-year terms each, beginning July 1, 1999, and
1236 members who reside in the even-numbered district court of appeal
1237 jurisdictions to 4-year terms each, beginning July 1, 1999.
1238 Thereafter, each member shall be appointed for a 4-year term;
1239 and
1240 3. Five electors, at least one of whom must be a member of
1241 a minority group as defined in s. 288.703(3), one of each who
1242 resides in the territorial jurisdictions of the district courts
1243 of appeal, selected and appointed by a majority vote of the
1244 other 10 members of the commission. On October 1, 1999, the term
1245 of office of each person appointed to the commission by its
1246 other members expires. A majority of the other members of the
1247 commission shall appoint members who reside in the odd-numbered
1248 district court of appeal jurisdictions to 2-year terms each,
1249 beginning October 1, 1999, and members who reside in the even
1250 numbered district court of appeal jurisdictions to 4-year terms
1251 each, beginning October 1, 1999. Thereafter, each member shall
1252 be appointed for a 4-year term.
1253
1254 A vacancy occurring on the commission shall be filled by the
1255 original appointing authority for the unexpired balance of the
1256 term. No attorney who appears before any judge of compensation
1257 claims more than four times a year is eligible to serve on the
1258 statewide nominating commission. The meetings and determinations
1259 of the nominating commission as to the judges of compensation
1260 claims shall be open to the public.
1261 Section 20. Subsection (1), paragraph (a) of subsection
1262 (3), and subsection (6) of section 473.3065, Florida Statutes,
1263 are amended to read:
1264 473.3065 Certified Public Accountant Education Minority
1265 Assistance Program; advisory council.—
1266 (1) The Certified Public Accountant Education Minority
1267 Assistance Program for Florida residents is hereby established
1268 in the division for the purpose of providing scholarships to
1269 minority persons, as defined in s. 288.703(3), who are students
1270 enrolled in their fifth year of an accounting education program
1271 at an institution in this state approved by the board by rule. A
1272 Certified Public Accountant Education Minority Assistance
1273 Advisory Council shall assist the board in administering the
1274 program.
1275 (3) The board shall adopt rules as necessary for
1276 administration of the program, including rules relating to the
1277 following:
1278 (a) Eligibility criteria for receipt of a scholarship,
1279 which, at a minimum, shall include the following factors:
1280 1. Financial need.
1281 2. Ethnic, gender, or racial minority status pursuant to s.
1282 288.703(3).
1283 3. Scholastic ability and performance.
1284 (6) There is hereby created the Certified Public Accountant
1285 Education Minority Assistance Advisory Council to assist the
1286 board in administering the program. The council shall be diverse
1287 and representative of the gender, ethnic, and racial categories
1288 set forth in s. 288.703(3).
1289 (a) The council shall consist of five licensed Florida
1290 certified public accountants selected by the board, of whom one
1291 shall be a board member who serves as chair of the council, one
1292 shall be a representative of the National Association of Black
1293 Accountants, one shall be a representative of the Cuban American
1294 CPA Association, and two shall be selected at large. At least
1295 one member of the council must be a woman.
1296 (b) The board shall determine the terms for initial
1297 appointments and appointments thereafter.
1298 (c) Any vacancy on the council shall be filled in the
1299 manner provided for the selection of the initial member. Any
1300 member appointed to fill a vacancy of an unexpired term shall be
1301 appointed for the remainder of that term.
1302 (d) Three consecutive absences or absences constituting 50
1303 percent or more of the council’s meetings within any 12-month
1304 period shall cause the council membership of the member in
1305 question to become void, and the position shall be considered
1306 vacant.
1307 (e) The members of the council shall serve without
1308 compensation, and any necessary and actual expenses incurred by
1309 a member while engaged in the business of the council shall be
1310 borne by such member or by the organization or agency such
1311 member represents. However, the council member who is a member
1312 of the board shall be compensated in accordance with the
1313 provisions of ss. 455.207(4) and 112.061.
1314 Section 21. Subsections (1) and (3) of section 624.4072,
1315 Florida Statutes, are amended to read:
1316 624.4072 Minority-owned property and casualty insurers;
1317 limited exemption for taxation and assessments.—
1318 (1) A minority business that is at least 51 percent owned
1319 by minority persons, as defined in s. 288.703(3), initially
1320 issued a certificate of authority in this state as an authorized
1321 insurer after May 1, 1998, and before January 1, 2002, to write
1322 property and casualty insurance shall be exempt, for a period
1323 not to exceed 10 years from the date of receiving its
1324 certificate of authority, from the following taxes and
1325 assessments:
1326 (a) Taxes imposed under ss. 175.101, 185.08, and 624.509;
1327 (b) Assessments by the Citizens Property Insurance
1328 Corporation, except for emergency assessments collected from
1329 policyholders pursuant to s. 627.351(6)(b)3.d. Any such insurer
1330 shall be a member insurer of the Citizens Property Insurance
1331 Corporation. The premiums of such insurer shall be included in
1332 determining, for the Citizens Property Insurance Corporation,
1333 the aggregate statewide direct written premium for the subject
1334 lines of business for all member insurers.
1335 (3) The provision of the definition of “minority person” in
1336 s. 288.703(3) that requires residency in Florida shall not apply
1337 to the term “minority person” as used in this section or s.
1338 627.3511.
1339 Section 22. Subsection (7) of section 627.3511, Florida
1340 Statutes, is amended to read:
1341 627.3511 Depopulation of Citizens Property Insurance
1342 Corporation.—
1343 (7) A minority business, which is at least 51 percent owned
1344 by minority persons as described in s. 288.703(3), desiring to
1345 operate or become licensed as a property and casualty insurer
1346 may exempt up to $50 of the escrow requirements of the take-out
1347 bonus, as described in this section. Such minority business,
1348 which has applied for a certificate of authority to engage in
1349 business as a property and casualty insurer, may simultaneously
1350 file the business’ proposed take-out plan, as described in this
1351 section, with the corporation.
1352 Section 23. Subsection (1) of section 641.217, Florida
1353 Statutes, is amended to read:
1354 641.217 Minority recruitment and retention plans required.—
1355 (1) Any entity contracting with the Agency for Health Care
1356 Administration to provide health care services to Medicaid
1357 recipients or state employees on a prepaid or fixed-sum basis
1358 must submit to the Agency for Health Care Administration the
1359 entity’s plan for recruitment and retention of health care
1360 practitioners who are minorities as defined in s. 288.703(3).
1361 The plan must demonstrate an ability to recruit and retain
1362 minorities which shall include, but is not limited to, the
1363 following efforts:
1364 (a) Establishing and maintaining contacts with various
1365 organizations representing the interests and concerns of
1366 minority constituencies to seek advice and assistance.
1367 (b) Identifying and recruiting at colleges and universities
1368 which primarily serve minority students.
1369 (c) Reviewing and analyzing the organization’s workforce as
1370 to minority representation.
1371 (d) Other factors identified by the Agency for Health Care
1372 Administration by rule.
1373 Section 24. Paragraph (a) of subsection (4) of section
1374 1004.435, Florida Statutes, is amended to read:
1375 1004.435 Cancer control and research.—
1376 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
1377 CREATION; COMPOSITION.—
1378 (a) There is created within the H. Lee Moffitt Cancer
1379 Center and Research Institute, Inc., the Florida Cancer Control
1380 and Research Advisory Council. The council shall consist of 34
1381 members, which includes the chairperson, all of whom must be
1382 residents of this state. All members, except those appointed by
1383 the Speaker of the House of Representatives and the President of
1384 the Senate, must be appointed by the Governor. At least one of
1385 the members appointed by the Governor must be 60 years of age or
1386 older. One member must be a representative of the American
1387 Cancer Society; one member must be a representative of the
1388 Florida Tumor Registrars Association; one member must be a
1389 representative of the Sylvester Comprehensive Cancer Center of
1390 the University of Miami; one member must be a representative of
1391 the Department of Health; one member must be a representative of
1392 the University of Florida Shands Cancer Center; one member must
1393 be a representative of the Agency for Health Care
1394 Administration; one member must be a representative of the
1395 Florida Nurses Association; one member must be a representative
1396 of the Florida Osteopathic Medical Association; one member must
1397 be a representative of the American College of Surgeons; one
1398 member must be a representative of the School of Medicine of the
1399 University of Miami; one member must be a representative of the
1400 College of Medicine of the University of Florida; one member
1401 must be a representative of NOVA Southeastern College of
1402 Osteopathic Medicine; one member must be a representative of the
1403 College of Medicine of the University of South Florida; one
1404 member must be a representative of the College of Public Health
1405 of the University of South Florida; one member must be a
1406 representative of the Florida Society of Clinical Oncology; one
1407 member must be a representative of the Florida Obstetric and
1408 Gynecologic Society who has had training in the specialty of
1409 gynecologic oncology; one member must be a representative of the
1410 Florida Medical Association; one member must be a member of the
1411 Florida Pediatric Society; one member must be a representative
1412 of the Florida Radiological Society; one member must be a
1413 representative of the Florida Society of Pathologists; one
1414 member must be a representative of the H. Lee Moffitt Cancer
1415 Center and Research Institute, Inc.; three members must be
1416 representatives of the general public acting as consumer
1417 advocates; one member must be a member of the House of
1418 Representatives appointed by the Speaker of the House of
1419 Representatives; one member must be a member of the Senate
1420 appointed by the President of the Senate; one member must be a
1421 representative of the Florida Dental Association; one member
1422 must be a representative of the Florida Hospital Association;
1423 one member must be a representative of the Association of
1424 Community Cancer Centers; one member shall be a representative
1425 from a statutory teaching hospital affiliated with a community
1426 based cancer center; one member must be a representative of the
1427 Florida Association of Pediatric Tumor Programs, Inc.; one
1428 member must be a representative of the Cancer Information
1429 Service; one member must be a representative of the Florida
1430 Agricultural and Mechanical University Institute of Public
1431 Health; and one member must be a representative of the Florida
1432 Society of Oncology Social Workers. Of the members of the
1433 council appointed by the Governor, at least 10 must be
1434 individuals who are minority persons as defined in by s.
1435 288.703(3).
1436 Section 25. For the purpose of incorporating the amendment
1437 made by this act to section 288.703, Florida Statutes, in a
1438 reference thereto, paragraph (d) of subsection (2) of section
1439 120.541, Florida Statutes, is reenacted to read:
1440 120.541 Statement of estimated regulatory costs.—
1441 (2) A statement of estimated regulatory costs shall
1442 include:
1443 (d) An analysis of the impact on small businesses as
1444 defined by s. 288.703, and an analysis of the impact on small
1445 counties and small cities as defined by s. 120.52.
1446 Section 26. For the purpose of incorporating the amendment
1447 made by this act to section 288.703, Florida Statutes, in a
1448 reference thereto, paragraph (d) of subsection (2) of section
1449 288.7001, Florida Statutes, is reenacted to read:
1450 288.7001 Small Business Regulatory Advisory Council.—
1451 (2) DEFINITIONS.—As used in this section, the term:
1452 (d) “Small business” means a small business as defined in
1453 s. 288.703.
1454 Section 27. For the purpose of incorporating the amendment
1455 made by this act to section 288.703, Florida Statutes, in a
1456 reference thereto, section 288.7031, Florida Statutes, is
1457 reenacted to read:
1458 288.7031 Application of certain definitions.—The
1459 definitions of “small business,” “minority business enterprise,”
1460 and “certified minority business enterprise” provided in s.
1461 288.703 apply to the state and all political subdivisions of the
1462 state.
1463 Section 28. For the purpose of incorporating the amendment
1464 made by this act to section 288.703, Florida Statutes, in a
1465 reference thereto, subsection (7) of section 290.004, Florida
1466 Statutes, is reenacted to read:
1467 290.004 Definitions relating to Florida Enterprise Zone
1468 Act.—As used in ss. 290.001-290.016:
1469 (7) “Small business” has the same meaning as in s. 288.703.
1470 Section 29. This act shall take effect July 1, 2010.