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A bill to be entitled

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An act relating to service-disabled veteran businesses;

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creating the Florida Service-Disabled Veteran Business

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Enterprise Opportunity Act; providing legislative intent;

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providing definitions; providing a selection preference in

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state contracting for certified service-disabled veteran

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businesses; providing a certification procedure; providing

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for the revocation of certification; providing for the

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duties of the Department of Veterans' Affairs and the

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Department of Management Services; providing for data

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reporting; authorizing the departments to adopt rules;

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amending s. 288.705, F.S.; requiring the Small Business

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Development Center to report the percentage of service-

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disabled veteran businesses using the statewide contracts

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registry; amending s. 288.7015, F.S.; requiring the state

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rules ombudsman to review state rules that adversely

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affect service-disabled veteran business; providing an

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effective date.

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

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     Section 1. Florida Service-Disabled Veteran Business

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Enterprise Opportunity Act.--

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     (1) TITLE.--This section may be cited as the "Florida

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Service-Disabled Veteran Business Enterprise Opportunity Act."

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     (2) INTENT.--It is the intent of the Legislature to rectify

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the economic disadvantage of service-disabled veterans, who are

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statistically the least likely to be self-employed when compared

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to the veteran population as a whole and who have made

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extraordinary sacrifices on behalf of the nation, the state, and

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the public, by providing opportunities for service-disabled

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veteran business enterprises as set forth in this section.

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     (3) DEFINITIONS.--For the purpose of this section, the

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term:

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     (a) "Certified service-disabled veteran business

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enterprise" means a business that has been certified by the state

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to be a service-disabled veteran business enterprise as defined

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in paragraph (c).

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     (b) "Service-disabled veteran" means a veteran who has a

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service-connected disability of 10 percent or greater as

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determined by the United States Department of Veterans Affairs or

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who has been terminated from military service by reason of

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disability by the United States Department of Defense.

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     (c) "Service-disabled veteran business enterprise" means an

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independently owned and operated business that:

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     1. Employs 200 or fewer permanent full-time employees;

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     2. Together with its affiliates has a net worth of $5

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million or less and, if a sole proprietorship, the net worth

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includes both personal and business investments;

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     3. Is organized to engage in commercial transactions;

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     4. Is domiciled in this state;

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     5. Is at least 51 percent owned by one or more service-

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disabled veterans; and

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     6. The management and daily business operations of which

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are controlled by one or more service-disabled veterans or, for a

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service-disabled veteran with a permanent and total disability,

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by the spouse or permanent caregiver of the veteran.

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     (4) VENDOR PREFERENCE.--

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     (a) A state agency, when considering two or more bids,

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proposals, or replies for the procurement of commodities or

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contractual services, at least one of which is from a certified

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service-disabled veteran business enterprise, and that are equal

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with respect to all relevant considerations including price,

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quality, and service, shall award such procurement or contract to

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the certified service-disabled veteran business enterprise.

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     (b) Notwithstanding s. 287.057(12), Florida Statutes, if a

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business that is entitled to the vendor preference under

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paragraph (a) and one or more businesses entitled to this

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preference or another vendor preference are equal with respect to

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all relevant considerations including price, quality, and

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service, the business having the smallest net worth or average

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annual income shall receive the award.

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     (c) Political subdivisions of the state are encouraged to

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offer a similar consideration to businesses certified under this

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section.

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     (5) CERTIFICATION PROCEDURE.--

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     (a) The application for certification as a service-disabled

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veteran business enterprise must, at a minimum, include:

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     1. The name of the applicant, who must be the service-

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disabled veteran business owner, or one of the owners for a

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business that has more than one service-disabled veteran owner.

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     2. The name of all other owners of the business, including

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service-related business owners and nonservice-related owners.

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     3. The name of all persons involved in the management and

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daily operations of the business, including the spouse or

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permanent caregiver of a veteran with a permanent and total

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disability.

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     4. The service-connected disability of all persons listed

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under subparagraphs 1., 2., and 3., as applicable, with

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supporting documentation from the United States Department of

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Veterans Affairs or the United States Department of Defense.

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     5. The number of permanent full-time employees.

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     6. The location of the business headquarters.

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     7. The total net worth, including affiliates, and, in the

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case of a sole proprietor, the total net worth of any personal or

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business investments in the business.

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     (b) To maintain certification, a certified business must

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reapply and renew its certification biennially.

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     (c) The Department of Management Services shall render a

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determination on an application for certification and notify the

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applying business within 90 days.

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     (d) A certified service-disabled business enterprise must

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report within 30 days to the Department of Management Services

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any event that may significantly affect the certification of the

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business, including, but not limited to, a change in ownership or

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change in management and daily business operations.

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     (e) If a certified business is determined by the Department

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of Management Services to have violated paragraph (d), the

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business shall have its certification revoked and the business

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may not reapply for 12 months. No other service-disabled veteran

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named on the certification application who may be eligible to

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apply for certification for the business whose certification has

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been revoked or for any other business may apply for

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certification under this section during the 12-month revocation

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period.

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     1. During the 12-month revocation period, the business may

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continue to bid on state contracts but is not eligible for any

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preferences available under this section until it is recertified.

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     2. A business for which certification has been revoked may

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reapply for certification at the conclusion of the 12-month

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period in order to regain the preferences it may be due under

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this section.

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     (f) A business that has its certification denied or revoked

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may appeal to the Department of Management Services within 30

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days after notification of the denial or revocation. The

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Department of Management Services has up to 90 days to review the

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circumstances that led to the denial or revocation and notify the

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appealing business of its determination. A business appealing

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under this paragraph does not waive its rights under chapter 120,

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Florida Statutes.

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     (6) DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.--The

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department shall:

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     (a) Assist the Department of Management Services in

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establishing a certification application procedure, which shall

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be reviewed and updated biennially.

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     (b) Identify eligible service-disabled veteran business

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enterprises by any electronic means, including electronic mail,

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Internet website, or, subject to an appropriation, by any other

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reasonable means.

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     (c) Encourage and assist eligible service-disabled veteran

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business enterprises businesses to apply for certification under

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this section.

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     (d) Provide information regarding services that are

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available from the Office of Veterans' Business Outreach of the

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Florida Small Business Development Center to service-disabled

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veteran business enterprises.

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     (e) Subject to an appropriation, contract with a private

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entity to carry out any of the duties specified under this

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subsection.

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     (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.--The

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department shall:

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     (a) With assistance from the Department of Veterans'

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Affairs, establish a certification application procedure, which

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shall be reviewed and updated biennially.

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     (b) Grant or reject certification by a business applying

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under this section.

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     (c) Maintain an electronic directory of certified service-

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disabled veteran business enterprises for use by the state,

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political subdivisions of the state, and the public.

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     (8) REPORT.--The Florida Small Business Development Center

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shall include in its report under s. 288.705, Florida Statutes,

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the percentage of businesses using the statewide contracts

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register which are certified service-disabled veteran business

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enterprises.

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     (9) RULES.--The Department of Veterans' Affairs and

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Department of Management Services, as appropriate, may adopt

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rules as necessary to administer this section.

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     Section 2.  Section 288.705, Florida Statutes is amended to

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read:

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     288.705  Statewide contracts register.--All state agencies

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shall in a timely manner provide the Florida Small Business

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Development Center Procurement System with all formal

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solicitations for contractual services, supplies, and

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commodities. The Small Business Development Center shall

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coordinate with Minority Business Development Centers to compile

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and distribute this such information to Florida small and

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minority businesses requesting such service for the period of

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time necessary to familiarize the business with the market

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represented by state agencies. On or before February 1 of each

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year, the Small Business Development Center shall report to the

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Agency for Workforce Innovation Department of Labor and

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Employment Security on the use utilization of the statewide

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contracts register. The Such report shall include, but not be

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limited to, information relating to:

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     (1)  The total number of solicitations received from state

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agencies during the calendar year.

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     (2)  The number of solicitations received from each state

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agency during the calendar year.

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     (3)  The method of distributing solicitation information to

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those businesses requesting such service.

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     (4)  The total number of businesses using the service.

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     (5)  The percentage of businesses using the service which

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are owned and controlled by minorities.

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     (6) The percentage of service-disabled veteran business

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enterprises using the service.

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     Section 3.  Subsection (2) of section 288.7015, Florida

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Statutes, is amended to read:

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     288.7015  Appointment of rules ombudsman; duties.--The

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Governor shall appoint a rules ombudsman, as defined in s.

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288.703, in the Executive Office of the Governor, for considering

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the impact of agency rules on the state's citizens and

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businesses. In carrying out duties as provided by law, the

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ombudsman shall consult with Enterprise Florida, Inc., at which

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point the office may recommend to improve the regulatory

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environment of this state. The duties of the rules ombudsman are

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to:

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     (2)  Review state agency rules that adversely or

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disproportionately affect impact businesses, particularly those

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relating to small and minority businesses and service-disabled

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veteran business enterprises.

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     Section 4.  This act shall take effect November 11, 2008.