CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2127

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Hill and Betancourt offered the following:

12

13         Amendment (with title amendment) 

14         On page 1,

15  remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.    Florida Committee on Minority Business

19  Enterprise Contracting; creation; purpose;

20  membership.--  There is created the Committee on Minority

21  Business Enterprise Contracting.

22         (1)(a)  The committee shall oversee a comprehensive

23  study of the participation of minority business enterprises in

24  contracting activities of the state and review of all

25  provisions relating to minority business enterprise programs.

26         (b)  In addition to the requirements in (1)(a), the

27  committee shall determine whether practices currently utilized

28  by the state to provide market, managerial, technical and

29  financial assistance to minority owned businesses are based

30  upon a compelling governmental interest and if such practices

31  are narrowly tailored to achieve such interest and whether

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    File original & 9 copies    04/27/00
    hmo0008                     11:55 am         02127-0014-951725




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2127

    Amendment No.     (for drafter's use only)





 1  lower goals should be set over a broader range of state

 2  spending.

 3         (c)  The study shall also identify areas where women

 4  and minority firms are over-utilized and under-utilized.

 5         (2)  A report of findings and recommendations shall be

 6  presented to the Governor, the President of the Senate, and

 7  the Speaker of the House of Representatives by December 1,

 8  2000.

 9         (a)  The report shall include a recommendation on

10  whether the Legislature should eliminate the goals established

11  in section 287.09451, Florida Statutes, governing the

12  participation of minority business enterprises in state

13  contracting.

14         (b)  If the committee recommends elimination of such

15  goals, the report shall include recommendations for

16  alternative means to evaluate agency contracting activities,

17  ensure fairness in the utilization of women and minority owned

18  firms, across all state spending categories and prevent

19  discrimination in state contracting decisions.

20         (3)  The committee shall be composed of seven members

21  as follows:

22         (a)  President of the Florida Women's Consortium or

23  designee;

24         (b)  Department of Legal Affairs, Director of Office of

25  Civil Rights or designee;

26         (c)  Director of Minority Business Advocacy and

27  Assistance Office who shall serve as chairperson;

28         (d)  Two representatives of the Florida Association of

29  Minority Business Enterprise Officials to be appointed by the

30  Governor;

31         (e)  One member appointed by the Speaker of the House;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2127

    Amendment No.     (for drafter's use only)





 1  and

 2         (f)  One member appointed by the President of the

 3  Senate.

 4         (4)  The Minority Business Advocacy Office shall

 5  provide staff to assist the committee.  Technical assistance

 6  may be provided to the committee by persons who are

 7  knowledgeable in a subject area pertinent to the study

 8  conducted.

 9         (5)  Members of the committee shall serve without

10  compensation, but are entitled to per diem and travel expenses

11  as provided in s. 112.061.

12         (6)  The members of the committee shall be appointed 60

13  days after this act takes effect, and shall serve until the

14  duties within this act are completed.

15         Section 2.  This act shall take effect upon becoming

16  law.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 2 through page 2, line 21

22  remove from the title of the bill:  all of said lines

23

24  and insert in lieu thereof:

25         An act relating to minority business enterprise

26         contracting; providing for the creation and

27         purpose of the Florida Committee on Minority

28         Business Enterprise Contracting; requiring a

29         study and report; providing for the membership

30         of the committee; providing committee staffing;

31         providing committee expenses; providing an

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    File original & 9 copies    04/27/00
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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2127

    Amendment No.     (for drafter's use only)





 1         effective date.

 2

 3         WHEREAS, the Legislature has established in the Florida

 4  Statutes spending goals for state-agency contracts with

 5  certified minority business enterprises, and

 6         WHEREAS, the Legislature adopted in 1994, section 26,

 7  Chapter 94-322, Laws of Florida, which scheduled a repeal and

 8  sunset review of all provisions of statutes relating to

 9  minority business enterprise programs, scheduled for July 1,

10  2000, and

11         WHEREAS, under Florida Law, the repealed provisions

12  shall be reviewed prior to the repeal date by the Legislature

13  to determine the effectiveness in achieving stated goals and

14  to determine whether to revise or modify these provisions to

15  achieve such goals, and

16         WHEREAS, the Legislature will consider elimination of

17  such statutorily prescribed goals only upon the finding of an

18  objective committee that such goals are not enhancing the

19  participation of minority business enterprises in state

20  contracting and are not necessary to prevent or remedy

21  discrimination against minority business enterprises in state

22  contracting decisions, NOW, THEREFORE,

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    File original & 9 copies    04/27/00
    hmo0008                     11:55 am         02127-0014-951725