Senate Bill 2340

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



    Florida Senate - 2000                                  SB 2340

    By Senators Hargrett and Holzendorf





    21-1593-00

  1                      A bill to be entitled

  2         An act relating to the "One-Florida

  3         Initiative"; expressing the legislative intent

  4         to retain statutory goals on the participation

  5         of minority business enterprises in state

  6         contracting; providing for the creation,

  7         membership, and purpose of the Commission on

  8         Minority-Business-Enterprise Contracting;

  9         requiring a report; providing an effective

10         date.

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12         WHEREAS, the Legislature has established in the Florida

13  Statutes spending goals for state-agency contracts with

14  certified minority business enterprises, and

15         WHEREAS, the Governor has unveiled a "One-Florida

16  Initiative" that seeks to prohibit many state agencies from

17  using racial or gender considerations or goals when making

18  state-contracting decisions, and

19         WHEREAS, the Legislature finds that such contracting

20  goals are laudable and necessary to address disparity among

21  minority and nonminority businesses for contracts with the

22  state and its agencies, and

23         WHEREAS, the Legislature will consider elimination of

24  such statutorily prescribed goals only upon the finding of an

25  objective commission that such goals are not enhancing the

26  participation of minority business enterprises in state

27  contracting and are not necessary to prevent or remedy

28  discrimination against minority business enterprises in state

29  contracting decisions, NOW, THEREFORE,

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31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2000                                  SB 2340
    21-1593-00




  1         Section 1.  It is the intent of the Legislature to

  2  retain the goals established in section 287.09451, Florida

  3  Statutes, governing state-agency contracts with certified

  4  minority business enterprises. It also is the intent of the

  5  Legislature to consider elimination of such goals at a future

  6  date, if such elimination is warranted based on the findings

  7  and recommendations of an objective commission. It further is

  8  the intent of the Legislature to ensure that state agencies

  9  continue to follow these goals and to ensure that these goals

10  are used to measure and evaluate the contracting activities of

11  state agencies.

12         Section 2.  Commission on Minority-Business-Enterprise

13  Contracting; creation; purpose; membership.--There is created

14  the Commission on Minority-Business-Enterprise Contracting, to

15  be composed of members appointed by the Governor, the

16  President of the Senate, and the Speaker of the House of

17  Representatives. The purpose of the commission is to study the

18  participation of minority business enterprises in contracting

19  activities of the state and to issue a report to the Governor,

20  the President of the Senate, and the Speaker of the House of

21  Representatives by December 1, 2000. The report shall include

22  a recommendation on whether the Legislature should eliminate

23  the goals established in section 287.09451, Florida Statutes,

24  governing the participation of minority business enterprises

25  in state contracts. If the commission recommends elimination

26  of such goals, the report shall include recommendations for

27  alternative means to evaluate agency activities and to prevent

28  discrimination against minority business enterprises in state

29  contracting decisions.

30         Section 3.  This act shall take effect upon becoming a

31  law.

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    Florida Senate - 2000                                  SB 2340
    21-1593-00




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  2                          SENATE SUMMARY

  3    Expresses the legislative intent to retain statutory
      goals on the participation of minority business
  4    enterprises in state contracting unless the elimination
      of such goals is warranted based on the findings of a
  5    commission created by the act.

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