HB 687

1
A bill to be entitled
2An act relating to service-disabled veteran business
3enterprises; creating the Florida Service-Disabled Veteran
4Business Enterprise Opportunity Act; providing legislative
5intent; providing definitions; providing a selection
6preference in state contracting for certified service-
7disabled veteran business enterprises; providing a
8certification procedure to be established by the
9Department of Management Services and the Department of
10Veterans' Affairs and reviewed and updated biennially;
11providing requirements for application for, renewal of,
12and revocation of certification; providing for appeal of
13denial or revocation; providing duties of the departments;
14providing for data reporting by the Small Business
15Development Center; authorizing the departments to adopt
16rules; amending s. 288.705, F.S.; requiring the center to
17report the percentage of businesses using the statewide
18contracts registry that are certified service-disabled
19veteran business enterprises; amending s. 288.703, F.S.;
20requiring the state rules ombudsman to review state rules
21that adversely affect service-disabled veteran business
22enterprises; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Florida Service-Disabled Veteran Business
27Enterprise Opportunity Act.--
28     (1)  TITLE.--This section may be cited as the "Florida
29Service-Disabled Veteran Business Enterprise Opportunity Act."
30     (2)  INTENT.--It is the intent of the Legislature to
31rectify the economic disadvantage of service-disabled veterans,
32who are statistically the least likely to be self-employed when
33compared to the veteran population as a whole and who have made
34extraordinary sacrifices on behalf of the nation, the state, and
35the public, by providing opportunities for service-disabled
36veteran business enterprises as set forth in this section.
37     (3)  DEFINITIONS.--For the purpose of this section, the
38term:
39     (a)  "Certified service-disabled veteran business
40enterprise" means a business that has been certified by the
41state to be a service-disabled veteran business enterprise as
42defined in paragraph (c).
43     (b)  "Service-disabled veteran" means a veteran who has a
44service-connected disability of 10 percent or greater as
45determined by the United States Department of Veterans Affairs
46or who has been terminated from military service by reason of
47disability by the United States Department of Defense.
48     (c)  "Service-disabled veteran business enterprise" means
49an 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
52million or less and, if a sole proprietorship, the net worth
53includes 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-
57disabled veterans; and
58     6.  The management and daily business operations of which
59are controlled by one or more service-disabled veterans or, for
60a service-disabled veteran with a permanent and total
61disability, by the spouse or permanent caregiver of the veteran.
62     (4)  VENDOR PREFERENCE.--
63     (a)  A state agency, when considering two or more bids,
64proposals, or replies for the procurement of commodities or
65contractual services, at least one of which is from a certified
66service-disabled veteran business enterprise, and that are equal
67with respect to all relevant considerations including price,
68quality, and service, shall award such procurement or contract
69to the certified service-disabled veteran business enterprise.
70     (b)  Notwithstanding s. 287.057(12), Florida Statutes, if a
71business that is entitled to the vendor preference under
72paragraph (a) and one or more businesses entitled to this
73preference or another vendor preference are equal with respect
74to all relevant considerations including price, quality, and
75service, the business having the smallest net worth or average
76annual income shall receive the award.
77     (c)  Political subdivisions of the state are encouraged to
78offer a similar consideration to businesses certified under this
79section.
80     (5)  CERTIFICATION PROCEDURE.--
81     (a)  The application for certification as a service-
82disabled veteran business enterprise must, at a minimum,
83include:
84     1.  The name of the applicant, who must be the service-
85disabled veteran business owner, or one of the owners for a
86business that has more than one service-disabled veteran owner.
87     2.  The name of all other owners of the business, including
88service-related business owners and nonservice-related owners.
89     3.  The name of all persons involved in the management and
90daily operations of the business, including the spouse or
91permanent caregiver of a veteran with a permanent and total
92disability.
93     4.  The service-connected disability of all persons listed
94under subparagraphs 1., 2., and 3., as applicable, with
95supporting documentation from the United States Department of
96Veterans 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
100case of a sole proprietor, the total net worth of any personal
101or business investments in the business.
102     (b)  To maintain certification, a certified business must
103reapply and renew its certification biennially.
104     (c)  The Department of Management Services shall render a
105determination on an application for certification and notify the
106applying business within 90 days.
107     (d)  A certified service-disabled veteran business
108enterprise must report within 30 days to the Department of
109Management Services any event that may significantly affect the
110certification of the business, including, but not limited to, a
111change in ownership or change in management and daily business
112operations.
113     (e)  If a certified service-disabled veteran business
114enterprise is determined by the Department of Management
115Services to have violated paragraph (d), the business shall have
116its certification revoked and the business may not reapply for
11712 months. No other service-disabled veteran named on the
118certification application who may be eligible to apply for
119certification for the business whose certification has been
120revoked or for any other business may apply for certification
121under this section during the 12-month revocation period.
122     1..  During the 12-month revocation period, the business
123may continue to bid on state contracts but is not eligible for
124any preferences available under this section until it is
125recertified.
126     2.  A business that has its certification revoked may
127reapply for certification at the conclusion of the 12-month
128period in order to regain the preferences it may be due under
129this section.
130     (f)  A business that has its certification denied or
131revoked may appeal to the Department of Management Services
132within 30 days after notification of the denial or revocation.
133The Department of Management Services has up to 90 days to
134review the circumstances that led to the denial or revocation
135and to notify the appealing business of its determination. A
136business appealing under this paragraph does not waive its
137rights under chapter 120, Florida Statutes.
138     (6)  DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.--The
139department shall:
140     (a)  Assist the Department of Management Services in
141establishing a certification application procedure, which shall
142be reviewed and updated biennially.
143     (b)  Identify eligible service-disabled veteran business
144enterprises by any electronic means, including electronic mail,
145Internet website, or, subject to an appropriation, by any other
146reasonable means.
147     (c)  Encourage and assist eligible service-disabled veteran
148business enterprises to apply for certification under this
149section.
150     (d)  Provide information regarding services that are
151available from the Office of Veterans' Business Outreach of the
152Florida Small Business Development Center to service-disabled
153veteran business enterprises.
154     (e)  Subject to an appropriation, contract with a private
155entity to carry out any of the duties specified under this
156subsection.
157     (7)  DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.--The
158department shall:
159     (a)  With assistance from the Department of Veterans'
160Affairs, establish a certification application procedure, which
161shall be reviewed and updated biennially.
162     (b)  Grant or deny certification of a service-disabled
163veteran business enterprise applying under this section.
164     (c)  Maintain an electronic directory of certified service-
165disabled veteran business enterprises for use by the state,
166political subdivisions of the state, and the public.
167     (8)  REPORT.--The Florida Small Business Development Center
168shall include in its report under s. 288.705, Florida Statutes,
169the percentage of businesses using the statewide contracts
170register which are certified service-disabled veteran business
171enterprises.
172     (9)  RULES.--The Department of Veterans' Affairs and the
173Department of Management Services, as appropriate, may adopt
174rules as necessary to administer this section.
175     Section 2.  Section 288.705, Florida Statutes, is amended
176to read:
177     288.705  Statewide contracts register.--All state agencies
178shall in a timely manner provide the Florida Small Business
179Development Center Procurement System with all formal
180solicitations for contractual services, supplies, and
181commodities. The Small Business Development Center shall
182coordinate with Minority Business Development Centers to compile
183and distribute this such information to Florida small and
184minority businesses requesting such service for the period of
185time necessary to familiarize the business with the market
186represented by state agencies. On or before February 1 of each
187year, the Small Business Development Center shall report to the
188Agency for Workforce Innovation Department of Labor and
189Employment Security on the use utilization of the statewide
190contracts register. The Such report shall include, but not be
191limited to, information relating to:
192     (1)  The total number of solicitations received from state
193agencies during the calendar year.
194     (2)  The number of solicitations received from each state
195agency during the calendar year.
196     (3)  The method of distributing solicitation information to
197those businesses requesting such service.
198     (4)  The total number of businesses using the service.
199     (5)  The percentage of businesses using the service which
200are owned and controlled by minorities.
201     (6)  The percentage of service-disabled veteran business
202enterprises using the service.
203     Section 3.  Subsection (2) of section 288.7015, Florida
204Statutes, is amended to read:
205     288.7015  Appointment of rules ombudsman; duties.--The
206Governor shall appoint a rules ombudsman, as defined in s.
207288.703, in the Executive Office of the Governor, for
208considering the impact of agency rules on the state's citizens
209and businesses. In carrying out duties as provided by law, the
210ombudsman shall consult with Enterprise Florida, Inc., at which
211point the office may recommend to improve the regulatory
212environment of this state. The duties of the rules ombudsman are
213to:
214     (2)  Review state agency rules that adversely or
215disproportionately affect impact businesses, particularly those
216relating to small and minority businesses and to service-
217disabled veteran business enterprises.
218     Section 4.  This act shall take effect November 11, 2008.


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