1 | A bill to be entitled |
2 | An act relating to service-disabled veteran business |
3 | enterprises; creating the Florida Service-Disabled Veteran |
4 | Business Enterprise Opportunity Act; providing legislative |
5 | intent; providing definitions; providing a selection |
6 | preference in state contracting for certified service- |
7 | disabled veteran business enterprises; providing a |
8 | certification procedure to be established by the |
9 | Department of Management Services and the Department of |
10 | Veterans' Affairs and reviewed and updated biennially; |
11 | providing requirements for application for, renewal of, |
12 | and revocation of certification; providing for appeal of |
13 | denial or revocation; providing duties of the departments; |
14 | providing for data reporting by the Small Business |
15 | Development Center; authorizing the departments to adopt |
16 | rules; amending s. 288.705, F.S.; requiring the center to |
17 | report the percentage of businesses using the statewide |
18 | contracts registry that are certified service-disabled |
19 | veteran business enterprises; amending s. 288.703, F.S.; |
20 | requiring the state rules ombudsman to review state rules |
21 | that adversely affect service-disabled veteran business |
22 | enterprises; providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Florida Service-Disabled Veteran Business |
27 | Enterprise Opportunity Act.-- |
28 | (1) TITLE.--This section may be cited as the "Florida |
29 | Service-Disabled Veteran Business Enterprise Opportunity Act." |
30 | (2) INTENT.--It is the intent of the Legislature to |
31 | rectify the economic disadvantage of service-disabled veterans, |
32 | who are statistically the least likely to be self-employed when |
33 | compared to the veteran population as a whole and who have made |
34 | extraordinary sacrifices on behalf of the nation, the state, and |
35 | the public, by providing opportunities for service-disabled |
36 | veteran business enterprises as set forth in this section. |
37 | (3) DEFINITIONS.--For the purpose of this section, the |
38 | term: |
39 | (a) "Certified service-disabled veteran business |
40 | enterprise" means a business that has been certified by the |
41 | state to be a service-disabled veteran business enterprise as |
42 | defined in paragraph (c). |
43 | (b) "Service-disabled veteran" means a veteran who has a |
44 | service-connected disability of 10 percent or greater as |
45 | determined by the United States Department of Veterans Affairs |
46 | or who has been terminated from military service by reason of |
47 | disability by the United States Department of Defense. |
48 | (c) "Service-disabled veteran business enterprise" means |
49 | an independently owned and operated business that: |
50 | 1. Employs 200 or fewer permanent full-time employees; |
51 | 2. Together with its affiliates has a net worth of $5 |
52 | million or less and, if a sole proprietorship, the net worth |
53 | includes both personal and business investments; |
54 | 3. Is organized to engage in commercial transactions; |
55 | 4. Is domiciled in this state; |
56 | 5. Is at least 51 percent owned by one or more service- |
57 | disabled veterans; and |
58 | 6. The management and daily business operations of which |
59 | are controlled by one or more service-disabled veterans or, for |
60 | a service-disabled veteran with a permanent and total |
61 | disability, by the spouse or permanent caregiver of the veteran. |
62 | (4) VENDOR PREFERENCE.-- |
63 | (a) A state agency, when considering two or more bids, |
64 | proposals, or replies for the procurement of commodities or |
65 | contractual services, at least one of which is from a certified |
66 | service-disabled veteran business enterprise, and that are equal |
67 | with respect to all relevant considerations including price, |
68 | quality, and service, shall award such procurement or contract |
69 | to the certified service-disabled veteran business enterprise. |
70 | (b) Notwithstanding s. 287.057(12), Florida Statutes, if a |
71 | business that is entitled to the vendor preference under |
72 | paragraph (a) and one or more businesses entitled to this |
73 | preference or another vendor preference are equal with respect |
74 | to all relevant considerations including price, quality, and |
75 | service, the business having the smallest net worth or average |
76 | annual income shall receive the award. |
77 | (c) Political subdivisions of the state are encouraged to |
78 | offer a similar consideration to businesses certified under this |
79 | section. |
80 | (5) CERTIFICATION PROCEDURE.-- |
81 | (a) The application for certification as a service- |
82 | disabled veteran business enterprise must, at a minimum, |
83 | include: |
84 | 1. The name of the applicant, who must be the service- |
85 | disabled veteran business owner, or one of the owners for a |
86 | business that has more than one service-disabled veteran owner. |
87 | 2. The name of all other owners of the business, including |
88 | service-related business owners and nonservice-related owners. |
89 | 3. The name of all persons involved in the management and |
90 | daily operations of the business, including the spouse or |
91 | permanent caregiver of a veteran with a permanent and total |
92 | disability. |
93 | 4. The service-connected disability of all persons listed |
94 | under subparagraphs 1., 2., and 3., as applicable, with |
95 | supporting documentation from the United States Department of |
96 | Veterans Affairs or the United States Department of Defense. |
97 | 5. The number of permanent full-time employees. |
98 | 6. The location of the business headquarters. |
99 | 7. The total net worth, including affiliates, and, in the |
100 | case of a sole proprietor, the total net worth of any personal |
101 | or business investments in the business. |
102 | (b) To maintain certification, a certified business must |
103 | reapply and renew its certification biennially. |
104 | (c) The Department of Management Services shall render a |
105 | determination on an application for certification and notify the |
106 | applying business within 90 days. |
107 | (d) A certified service-disabled veteran business |
108 | enterprise must report within 30 days to the Department of |
109 | Management Services any event that may significantly affect the |
110 | certification of the business, including, but not limited to, a |
111 | change in ownership or change in management and daily business |
112 | operations. |
113 | (e) If a certified service-disabled veteran business |
114 | enterprise is determined by the Department of Management |
115 | Services to have violated paragraph (d), the business shall have |
116 | its certification revoked and the business may not reapply for |
117 | 12 months. No other service-disabled veteran named on the |
118 | certification application who may be eligible to apply for |
119 | certification for the business whose certification has been |
120 | revoked or for any other business may apply for certification |
121 | under this section during the 12-month revocation period. |
122 | 1.. During the 12-month revocation period, the business |
123 | may continue to bid on state contracts but is not eligible for |
124 | any preferences available under this section until it is |
125 | recertified. |
126 | 2. A business that has its certification revoked may |
127 | reapply for certification at the conclusion of the 12-month |
128 | period in order to regain the preferences it may be due under |
129 | this section. |
130 | (f) A business that has its certification denied or |
131 | revoked may appeal to the Department of Management Services |
132 | within 30 days after notification of the denial or revocation. |
133 | The Department of Management Services has up to 90 days to |
134 | review the circumstances that led to the denial or revocation |
135 | and to notify the appealing business of its determination. A |
136 | business appealing under this paragraph does not waive its |
137 | rights under chapter 120, Florida Statutes. |
138 | (6) DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.--The |
139 | department shall: |
140 | (a) Assist the Department of Management Services in |
141 | establishing a certification application procedure, which shall |
142 | be reviewed and updated biennially. |
143 | (b) Identify eligible service-disabled veteran business |
144 | enterprises by any electronic means, including electronic mail, |
145 | Internet website, or, subject to an appropriation, by any other |
146 | reasonable means. |
147 | (c) Encourage and assist eligible service-disabled veteran |
148 | business enterprises to apply for certification under this |
149 | section. |
150 | (d) Provide information regarding services that are |
151 | available from the Office of Veterans' Business Outreach of the |
152 | Florida Small Business Development Center to service-disabled |
153 | veteran business enterprises. |
154 | (e) Subject to an appropriation, contract with a private |
155 | entity to carry out any of the duties specified under this |
156 | subsection. |
157 | (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.--The |
158 | department shall: |
159 | (a) With assistance from the Department of Veterans' |
160 | Affairs, establish a certification application procedure, which |
161 | shall be reviewed and updated biennially. |
162 | (b) Grant or deny certification of a service-disabled |
163 | veteran business enterprise applying under this section. |
164 | (c) Maintain an electronic directory of certified service- |
165 | disabled veteran business enterprises for use by the state, |
166 | political subdivisions of the state, and the public. |
167 | (8) REPORT.--The Florida Small Business Development Center |
168 | shall include in its report under s. 288.705, Florida Statutes, |
169 | the percentage of businesses using the statewide contracts |
170 | register which are certified service-disabled veteran business |
171 | enterprises. |
172 | (9) RULES.--The Department of Veterans' Affairs and the |
173 | Department of Management Services, as appropriate, may adopt |
174 | rules as necessary to administer this section. |
175 | Section 2. Section 288.705, Florida Statutes, is amended |
176 | to read: |
177 | 288.705 Statewide contracts register.--All state agencies |
178 | shall in a timely manner provide the Florida Small Business |
179 | Development Center Procurement System with all formal |
180 | solicitations for contractual services, supplies, and |
181 | commodities. The Small Business Development Center shall |
182 | coordinate with Minority Business Development Centers to compile |
183 | and distribute this such information to Florida small and |
184 | minority businesses requesting such service for the period of |
185 | time necessary to familiarize the business with the market |
186 | represented by state agencies. On or before February 1 of each |
187 | year, the Small Business Development Center shall report to the |
188 | Agency for Workforce Innovation Department of Labor and |
189 | Employment Security on the use utilization of the statewide |
190 | contracts register. The Such report shall include, but not be |
191 | limited to, information relating to: |
192 | (1) The total number of solicitations received from state |
193 | agencies during the calendar year. |
194 | (2) The number of solicitations received from each state |
195 | agency during the calendar year. |
196 | (3) The method of distributing solicitation information to |
197 | those businesses requesting such service. |
198 | (4) The total number of businesses using the service. |
199 | (5) The percentage of businesses using the service which |
200 | are owned and controlled by minorities. |
201 | (6) The percentage of service-disabled veteran business |
202 | enterprises using the service. |
203 | Section 3. Subsection (2) of section 288.7015, Florida |
204 | Statutes, is amended to read: |
205 | 288.7015 Appointment of rules ombudsman; duties.--The |
206 | Governor shall appoint a rules ombudsman, as defined in s. |
207 | 288.703, in the Executive Office of the Governor, for |
208 | considering the impact of agency rules on the state's citizens |
209 | and businesses. In carrying out duties as provided by law, the |
210 | ombudsman shall consult with Enterprise Florida, Inc., at which |
211 | point the office may recommend to improve the regulatory |
212 | environment of this state. The duties of the rules ombudsman are |
213 | to: |
214 | (2) Review state agency rules that adversely or |
215 | disproportionately affect impact businesses, particularly those |
216 | relating to small and minority businesses and to service- |
217 | disabled veteran business enterprises. |
218 | Section 4. This act shall take effect November 11, 2008. |