Senate Bill sb0300
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Florida Senate - 2007 SB 300
By Senator Fasano
11-155-07
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:
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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 for each
22 such entity to award to disabled-veteran business enterprises
23 contracts having no less than 3 percent of the overall dollar
24 amount that the entity expends each year on all such contracts
25 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 - 2007 SB 300
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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 corporation, firm,
12 or other business that is corporated or has its principal
13 headquarters located outside the United States.
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15 If a disabled veteran who is a majority owner of a business
16 that qualified as a disabled-veteran business enterprise dies
17 or is certified as having a permanent medical disability and
18 the business is inherited or controlled by the spouse of that
19 majority owner, the business remains a disabled-veteran
20 business enterprise after the death or certification of
21 permanent medical disability, as long as the spouse does not
22 remarry.
23 (3) By October 1, 2007, the Department of Veterans'
24 Affairs shall publish on its website and in other publications
25 that are most likely to be accessed by veterans a copy of this
26 act and information relating to procedures that a business
27 owner must follow to obtain certification as a
28 disabled-veteran business enterprise.
29 (4) An applicant for certification as a
30 disabled-veteran business enterprise must submit to the
31 Department of Management Services, in a form authorized by the
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Florida Senate - 2007 SB 300
11-155-07
1 department, documentation that the business satisfies the
2 criteria in subsection (2). The department shall publish on
3 its website a list of certified disabled-veteran business
4 enterprises.
5 (5)(a) Each state agency or political subdivision of
6 state government shall submit quarterly to the Department of
7 Management Services a list of contracts awarded to certified
8 disabled-veteran business enterprises, together with the total
9 amounts paid during that quarter to such businesses and the
10 total amounts paid to all business entities with which the
11 department has a contract.
12 (b) The department shall compile the records submitted
13 and annually shall notify each state agency or political
14 subdivision of the state whether it has met the goal in
15 subsection (1) and shall report to the Department of Veterans'
16 Affairs, the President of the Senate, and the Speaker of the
17 House of Representatives the extent to which each agency and
18 subdivision has met that goal.
19 Section 2. This act shall take effect July 1, 2007.
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22 SENATE SUMMARY
23 Provides a goal for state agencies and political
subdivisions of the state to meet in contracting with
24 disabled-veteran business enterprises. Defines terms.
Provides for businesses to be certified as
25 disabled-veteran business enterprises. Provides duties of
the Department of Veterans' Affairs and the Department of
26 Management Services. Requires an annual report to
legislative leaders.
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CODING: Words stricken are deletions; words underlined are additions.