Senate Bill sb1882

    Florida Senate - 2006                                  SB 1882

    By Senator Fasano





    11-792-06

  1                      A bill to be entitled

  2         An act relating to contracting by state

  3         agencies; providing a goal for governmental

  4         contracts with disabled-veteran business

  5         enterprises; defining terms; providing for

  6         businesses to be certified; providing duties of

  7         the Department of Veterans' Affairs and the

  8         Department of Management Services; requiring an

  9         annual report to legislative leaders; providing

10         an effective date.

11  

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

13  

14         Section 1.  Disabled-veteran business enterprises;

15  state contracting goals; definitions; certification of

16  businesses; duties of Department of Veterans' Affairs and

17  Department of Management Services.--

18         (1)  The statewide goal for each state agency or

19  political subdivision of the state in awarding contracts for

20  construction, professional services, materials, supplies,

21  equipment, alterations, repairs, or improvements is that each

22  such entity should award to disabled-veteran business

23  enterprises contracts having no less than 3 percent of the

24  overall dollar amount that the entity expends each year on all

25  such contracts to which the entity is a party.

26         (2)  As used in this section, the term:

27         (a)  "Disabled veteran" means a veteran as defined in

28  s. 1.01, Florida Statutes, who has a service-connected

29  disability of 10 percent or greater as certified by the United

30  States Department of Veterans Affairs, its predecessor

31  agencies, or a branch of the armed forces.

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    Florida Senate - 2006                                  SB 1882
    11-792-06




 1         (b)  "Disabled-veteran business enterprise" means a

 2  business entity, however organized, which is certified as such

 3  an enterprise by the Department of Management Services. The

 4  business must:

 5         1.  Be at least 51-percent owned by a disabled veteran,

 6  and the management and control of the daily business

 7  operations must be exercised by one or more disabled veterans.

 8  The veterans who exercise the management and control need not

 9  be the owners of the business; and

10         2.  Have its home office located in the United States

11  and must not be a branch or subsidiary of a foreign

12  corporation, foreign firm, or other foreign-based business.

13  

14  If a disabled veteran who is a majority owner of a business

15  that qualified as a disabled-veteran business enterprise dies

16  or is certified as having a permanent medical disability and

17  the business is inherited or controlled by the spouse of that

18  majority owner, the business remains a disabled-veteran

19  business enterprise after the death or certification of

20  permanent medical disability, as long as the spouse does not

21  remarry.

22         (c)  "Foreign corporation," "foreign firm," or

23  "foreign-based business" means a business entity that is

24  incorporated or has its principal headquarters located outside

25  the United States of America.

26         (3)  By October 1, 2006, the Department of Veterans'

27  Affairs shall publish on its website and in such other

28  publications as are most likely to be accessed by veterans a

29  copy of this act and information relating to procedures that a

30  business owner must follow to obtain certification as a

31  disabled-veteran business enterprise.

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    Florida Senate - 2006                                  SB 1882
    11-792-06




 1         (4)  An applicant for certification as a

 2  disabled-veteran business enterprise must submit to the

 3  Department of Management Services, in a form authorized by the

 4  department, documentation that the business satisfies the

 5  criteria set forth in subsection (2). The department shall

 6  publish on its website a list of certified disabled-veteran

 7  business enterprises.

 8         (5)(a)  Each state agency or political subdivision of

 9  state government shall submit quarterly to the Department of

10  Management Services a list of contracts awarded to certified

11  disabled-veteran business enterprises, together with the total

12  amounts paid during that quarter to such businesses and the

13  total amounts paid to all business entities with which the

14  department has a contract.

15         (b)  The department shall compile the records submitted

16  under paragraph (a) and annually shall notify each state

17  agency or political subdivision of the state as to whether or

18  not it has met the goal set forth in subsection (1) and shall

19  report to the Department of Veterans' Affairs, the President

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

21  the extent to which each agency and subdivision has met that

22  goal.

23         Section 2.  This act shall take effect July 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Provides a goal for state agencies and political
      subdivisions of the state to meet in contracting with
28    disabled-veteran business enterprises. Defines terms.
      Provides for businesses to be certified as
29    disabled-veteran business enterprises. Provides duties of
      the Department of Veterans' Affairs and the Department of
30    Management Services. Requires an annual report to
      legislative leaders.
31  

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