Florida Senate - 2019                                     SB 652
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00195-19                                            2019652__
    1                        A bill to be entitled                      
    2         An act relating to state procurement; creating s.
    3         287.0921, F.S.; requiring the Department of Management
    4         Services to establish a certification program for
    5         vendors who pay their employees equal pay for equal
    6         work without regard to gender, subject to available
    7         resources; requiring the department to adopt certain
    8         rules to implement and administer the program;
    9         requiring the department to include the vendor’s
   10         certification in its records; authorizing a certified
   11         vendor to include its certification in advertising and
   12         promotional materials; providing a penalty for a
   13         vendor who makes a material misrepresentation or
   14         commits a fraudulent act in regard to self
   15         certification; providing a limited bidding preference
   16         for certified vendors if certain conditions are met;
   17         prescribing reporting requirements; authorizing the
   18         department to cooperate and coordinate with certain
   19         governmental entities in carrying out the act;
   20         providing for applicability; authorizing the
   21         department to initiate rulemaking upon the act
   22         becoming a law; providing effective dates.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 287.0921, Florida Statutes, is created
   27  to read:
   28         287.0921 Equal pay certification for vendors; bid
   29  preference.—
   30         (1) Within the limits of available resources, the
   31  department shall establish a program to certify vendors that pay
   32  their employees equal pay for equal work without regard to
   33  gender.
   34         (2) The department shall adopt rules to implement and
   35  administer the certification program. At a minimum, the rules
   36  must include:
   37         (a) A method for a vendor to self-certify that the vendor
   38  pays its employees equal pay for equal work without regard to
   39  gender.
   40         (b) The manner of certification by the Secretary of
   41  Management Services of a vendor that fulfills the requirements
   42  of self-certification.
   43         (3) If the secretary certifies a vendor in accordance with
   44  the rules adopted pursuant to subsection (2):
   45         (a) The department must include the vendor’s certified
   46  status in records concerning the vendor which are held by the
   47  department or made available on the department’s website.
   48         (b) The vendor may acknowledge its certification in its
   49  advertising, marketing, or other promotional materials.
   50         (4)(a) If the department determines that a vendor has made
   51  a material misrepresentation or otherwise committed a fraudulent
   52  act in self-certifying in accordance with the rules adopted
   53  pursuant to subsection (2), the vendor may be prohibited, for a
   54  period of up to 36 months, from:
   55         1. Self-certifying that the vendor pays its employees equal
   56  pay for equal work without regard to gender; and
   57         2. Submitting a bid or proposal to an agency.
   58         (b) The vendor may, under chapter 120, seek administrative
   59  review under chapter 120 of the department’s determination made
   60  pursuant to paragraph (a).
   61         (5)If an agency is required to make purchases of personal
   62  property through competitive solicitation, a bid or proposal
   63  submitted by a vendor who is certified in accordance with
   64  subsection (2) must be granted a preference of 5 percent if:
   65         (a) Two or more of the lowest bids or proposals are within
   66  5 percent of each other;
   67         (b) None of the bids or proposals are submitted by a vendor
   68  whose principal place of business is within this state; and
   69         (c) One or more of the lowest bids or proposals is
   70  submitted by a vendor who is certified by the Secretary of
   71  Management Services in accordance with subsection (2).
   72         (6) On or before October 1 of each year, the department
   73  shall submit a report to the Governor, the President of the
   74  Senate, and the Speaker of the House of Representatives which
   75  includes, for the immediately preceding fiscal year:
   76         (a) The number of vendors certified pursuant to subsection
   77  (2).
   78         (b) The number of certified vendors that submitted a bid or
   79  proposal to an agency.
   80         (c) The number of certified vendors that were awarded a
   81  contract by an agency.
   82         (d) The number of certified vendors that were disciplined
   83  pursuant to subsection (4).
   84         (7) In carrying out the provisions of this section, the
   85  department may cooperate and coordinate with the Department of
   86  Economic Opportunity, the Florida Commission on Human Relations,
   87  the Florida Commission on the Status of Women, and any other
   88  office, department, board, commission, or agency of state
   89  government that has appropriate expertise.
   90         (8) This section does not apply to any state contract that
   91  is advertised, bid, offered, or awarded before January 1, 2020.
   92         Section 2. Effective upon this act becoming a law, the
   93  Department of Management Services may initiate rulemaking for
   94  purposes of implementing and administering the equal pay
   95  certification program established in s. 287.0921, Florida
   96  Statutes, as created by this act.
   97         Section 3. Except as otherwise expressly provided in this
   98  act and except for this section, which shall take effect upon
   99  becoming a law, this act shall take effect January 1, 2020.