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A bill to be entitled

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An act relating to service-disabled veteran business

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enterprises; creating the Florida Service-Disabled Veteran

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Business Enterprise Opportunity Act; providing legislative

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intent; providing definitions; providing a selection

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preference regarding state contracts in favor of certified

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service-disabled veteran business enterprises; requiring

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that a certification procedure be established by the

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Department of Management Services and the Department of

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Veterans' Affairs and reviewed biennially and updated as

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necessary; providing requirements for application for,

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renewal of, and revocation of certification; providing

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administrative review requirements and procedures;

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specifying duties of the Department of Management Services

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and the Department of Veterans' Affairs; requiring that

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the Small Business Development Center include certain data

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in its required report; authorizing the Department of

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Management Services and the Department of Veterans'

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Affairs to adopt rules; amending s. 288.705, F.S.;

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requiring the center to report certain information to the

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Agency for Workforce Innovation; providing an effective

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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

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Department of Management Services to be a service-disabled

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veteran business enterprise as defined in paragraph (c).

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

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permanent Florida resident having a service-connected disability

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of 10 percent or greater as determined by the United States

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Department of Veterans Affairs or who has been terminated from

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military service by reason of disability by the United States

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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 or, if a sole proprietorship, has a net worth of

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$5 million or less including both personal and business

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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 having 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, which 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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service-disabled veteran business enterprise that is entitled to

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the vendor preference under this section and one or more

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businesses entitled to this preference or another vendor

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preference provided by state law submit bids, proposals, or

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replies for procurement of commodities or contractual services

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which are equal with respect to all relevant considerations,

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including price, quality, and service, the state agency shall

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award the procurement or contract to the business having the

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smallest net worth.

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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 business enterprise applying for

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certification and the name of the service-disabled veteran

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submitting the application on behalf of the business enterprise.

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     2. The names of all owners of the business enterprise,

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including owners who are service-disabled veterans and owners who

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are not service-disabled veterans, and the percentage of

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ownership interest held by each owner.

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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 the veteran having a permanent and total

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disability.

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     4. The service-connected disability rating of all persons

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listed 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 of the business enterprise and its

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affiliates. In the case of a sole proprietorship, the net worth

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includes personal and business investments.

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     (b) To maintain certification, a service-disabled veteran

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business enterprise must renew its certification biennially.

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     (c) The provisions of chapter 120, Florida Statutes,

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relating to application, denial, and revocation procedures, apply

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to certifications under this section.

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     (d) A certified service-disabled veteran business

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enterprise must notify the Department of Management Services

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within 30 business days after any event that may significantly

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affect the certification of the business, including, but not

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limited to, a change in ownership or change in management and

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daily business operations.

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     (e) The certification of a service-disabled veteran

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business enterprise shall be revoked for 12 months if the

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Department of Management Services determines that the business

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enterprise violated paragraph (d). An owner of a certified

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service-disabled veteran business enterprise whose certification

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is revoked may not reapply for certification under this section

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as an owner of any business enterprise during the 12-month

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revocation period.

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     1. During the 12-month revocation period, a service-

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disabled veteran business enterprise whose certification has been

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revoked may bid on state contracts but is not eligible for any

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preference available under this section.

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     2. A service-disabled veteran business enterprise whose

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certification has been revoked may apply for certification at the

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conclusion of the 12-month revocation period by complying with

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requirements applicable to initial certifications.

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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 procedure, which shall be reviewed

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biennially and updated as necessary.

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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 by any other reasonable means.

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     (c) Encourage and assist eligible service-disabled veteran

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business enterprises to apply for certification under this

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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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     (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 procedure, which shall be

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reviewed biennially and updated as necessary.

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     (b) Grant, deny, or revoke the certification of a service-

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disabled veteran business enterprise 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 required by s. 288.705, Florida

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Statutes, the percentage of certified service-disabled veteran

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business enterprises using the statewide contracts register.

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

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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.  This act shall take effect November 11, 2008.