Florida Senate - 2008 (Reformatted) SB 108

By Senator Fasano

11-00124-08 2008108__

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A bill to be entitled

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An act relating to contracting by state agencies and

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political subdivisions; providing a goal for governmental

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contracts with disabled veteran business enterprises;

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defining terms; providing for businesses to be certified;

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providing duties of the Department of Veterans' Affairs

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and the Department of Management Services; requiring an

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annual report to the Department of Veterans' Affairs and

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legislative leaders; providing an effective date.

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

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     Section 1. Disabled veteran business enterprises; state

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contracting goals; definitions; certification of businesses;

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duties of Department of Veterans' Affairs and Department of

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Management Services.--

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

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subdivision of the state in awarding contracts for construction,

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professional services, materials, supplies, equipment,

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alterations, repairs, or improvements is for each such entity to

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award to disabled veteran business enterprises contracts having

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no less than 3 percent of the overall dollar amount that the

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entity expends each year on all such contracts to which the

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entity is a party.

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

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     (a) "Disabled veteran" means a veteran as defined in s.

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1.01, Florida Statutes, who has a service-connected disability of

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10 percent or greater as certified by the United States

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Department of Veterans Affairs, its predecessor agencies, or a

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branch of the armed forces.

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

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entity, however organized, which is certified as such an

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enterprise by the Department of Management Services. The business

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must:

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

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the management and control of the daily business operations must

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be exercised by one or more disabled veterans. The veterans who

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exercise the management and control need not be the owners of the

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business; and

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

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must not be a branch or subsidiary of a corporation, firm, or

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other business that is incorporated or has its principal

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headquarters located outside the United States.

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

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qualified as a disabled veteran business enterprise dies or is

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certified as having a permanent medical disability and the

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business is inherited or controlled by the spouse of that

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majority owner, the business remains a disabled veteran business

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enterprise after the death or certification of permanent medical

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disability, as long as the spouse does not remarry.

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     (3) By October 1, 2008, the Department of Veterans' Affairs

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shall publish on its website and in other publications that are

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most likely to be accessed by veterans a copy of this act and

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information relating to procedures that a business owner must

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follow in order to obtain certification as a disabled veteran

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business enterprise.

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     (4) An applicant for certification as a disabled veteran

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business enterprise must submit to the Department of Management

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Services, in a form authorized by the department, documentation

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that the business satisfies the criteria in subsection (2). The

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department shall publish on its website a list of certified

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disabled veteran business enterprises.

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

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state shall submit quarterly to the Department of Management

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Services a list of contracts awarded to certified disabled

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veteran business enterprises, together with the total amounts

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paid during that quarter to such businesses and the total amounts

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paid to all business entities with which the agency or

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subdivision has a contract.

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     (b) The department shall compile the records submitted and

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shall annually notify each state agency or political subdivision

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of the state whether it has met the goal in subsection (1) and

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

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

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extent to which each agency and subdivision has met that goal.

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     Section 2.  This act shall take effect July 1, 2008.

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