Senate Bill sb0300

    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:

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 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
    11-155-07




 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.

14  

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.

20  

21            *****************************************

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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