HB 1311

1	A bill to be entitled
2	An act relating to small businesses; amending s. 287.012,
3	F.S.; defining the terms "bundled contract" and "small
4	business" for purposes of state procurement requirements;
5	amending s. 287.057, F.S.; authorizing small businesses to
6	submit bids, proposals, and replies for portions of
7	bundled contracts; authorizing agencies to award separate
8	contracts for portions of a bundled contract under certain
9	circumstances; authorizing agencies to award contracts to
10	small businesses that submit bids that exceed the lowest
11	responsive bid under certain circumstances; requiring
12	agencies to give preference to bids, proposals, and
13	replies submitted by small businesses under certain
14	circumstances; requiring agencies to award a specified
15	percentage of contracts to small businesses; directing
16	agencies to avoid contract bundling under certain
17	circumstances; requiring agencies to conduct market
18	research and include written summaries and analyses of
19	such research in solicitations for bundled contracts;
20	requiring contract vendors to use small businesses in the
21	state as subcontractors or subvendors; requiring the
22	timely payment of subcontractors; requiring the Florida
23	Small Business Advocate to submit an annual report on
24	small business participation in contracting; requiring
25	agencies to cooperate with such reporting; prohibiting
26	agencies from requiring certain bonds or other sureties
27	for certain contracts; amending s. 288.703, F.S.;
28	providing and revising definitions; specifying that
29	definitions apply to ch. 288, F.S.; amending s. 120.54,
30	F.S.; deleting provisions authorizing an agency to use an
31	alternative definition of the term "small business" for
32	purposes of estimating the regulatory costs and impact on
33	small businesses of proposed rules; amending ss. 24.113,
34	212.08, 212.096, 220.181, 220.182, 283.33, 287.0931,
35	287.0943, and 287.09451, F.S.; conforming cross-
36	references; amending s. 287.0947, F.S.; authorizing the
37	Secretary of Management Services to appoint the Florida
38	Advisory Council on Small and Minority Business
39	Development; deleting obsolete provisions; conforming a
40	cross-reference; amending ss. 310.0015, 320.63, 376.3072,
41	376.60, 440.45, 473.3065, 624.4072, 627.3511, 641.217, and
42	1004.435, F.S.; conforming cross-references; reenacting
43	ss. 120.541(2)(d), 288.7001(2)(d), 288.7031, and
44	290.004(7), F.S., relating to agency statements of
45	estimated regulatory costs for purposes of rulemaking, the
46	Small Business Regulatory Advisory Council, the
47	application of small and minority business definitions to
48	the state and political subdivisions thereof, and the
49	definition of small business for the Florida Enterprise
50	Zone Act, respectively, to incorporate the amendment made
51	by the act to s. 288.703, F.S., in references thereto;
52	providing an effective date.
53
54	Be It Enacted by the Legislature of the State of Florida:
55
56	Section 1.  Subsections (5) through (26) of section
57	287.012, Florida Statutes, are renumbered as subsections (6)
58	through (27), respectively, present subsections (27) and (28)
59	are renumbered as subsections (29) and (30), respectively, and
60	new subsections (5) and (28) are added to that section to read:
61	287.012  Definitions.-As used in this part, the term:
62	(5)  "Bundled contract" means a contract for commodities or
63	contractual services that may be provided or performed under two
64	or more separate smaller contracts but that are consolidated
65	into a single contract that is not appropriate for award to a
66	small business as the prime contractor.
67	(28)  "Small business" means a small business as defined in
68	s. 288.703 that is, and for at least the previous 3 years has
69	been, domiciled in this state.
70	Section 2.  Subsections (1) through (3) of section 287.057,
71	Florida Statutes, are amended, and subsections (26) through (30)
72	are added to that section, to read:
73	287.057  Procurement of commodities or contractual
74	services.-
75	(1)(a)  Unless otherwise authorized by law, all contracts
76	for the purchase of commodities or contractual services in
77	excess of the threshold amount provided in s. 287.017 for
78	CATEGORY TWO shall be awarded by competitive sealed bidding. An
79	invitation to bid shall be made available simultaneously to all
80	vendors and must include a detailed description of the
81	commodities or contractual services sought; the time and date
82	for the receipt of bids and of the public opening; and all
83	contractual terms and conditions applicable to the procurement,
84	including the criteria to be used in determining acceptability
85	of the bid. If the agency contemplates renewal of the contract,
86	that fact must be stated in the invitation to bid. The bid shall
87	include the price for each year for which the contract may be
88	renewed. Evaluation of bids shall include consideration of the
89	total cost for each year as submitted by the vendor. Criteria
90	that were not set forth in the invitation to bid may not be used
91	in determining acceptability of the bid.
92	(b)  The criteria used in determining the acceptability of
93	bids must allow a small business to submit a bid for any portion
94	of a bundled contract. Upon receipt of such a bid, if the agency
95	determines that the small business is a responsible and
96	responsive vendor for that portion of the bundled contract, the
97	agency shall allow each responsible and responsive vendor to
98	submit a separate bid, and may award a separate contract, for
99	that portion of the bundled contract.
100	(c)(b)  The contract shall be awarded with reasonable
101	promptness by written notice to the responsible and responsive
102	vendor that submits the lowest responsive bid. For any contract
103	or portion of a bundled contract, the agency may award the
104	contract and must give preference to a responsible and
105	responsive vendor that is a small business whose responsive bid
106	does not exceed the lowest responsive bid by more than 10
107	percent. This bid must be determined in writing to meet the
108	requirements and criteria set forth in the invitation to bid.
109	(2)(a)  If an agency determines in writing that the use of
110	an invitation to bid is not practicable, commodities or
111	contractual services shall be procured by competitive sealed
112	proposals. A request for proposals shall be made available
113	simultaneously to all vendors, and must include a statement of
114	the commodities or contractual services sought; the time and
115	date for the receipt of proposals and of the public opening; and
116	all contractual terms and conditions applicable to the
117	procurement, including the criteria, which shall include, but
118	need not be limited to, price, to be used in determining
119	acceptability of the proposal. The relative importance of price
120	and other evaluation criteria shall be indicated. If the agency
121	contemplates renewal of the commodities or contractual services
122	contract, that fact must be stated in the request for proposals.
123	The proposal shall include the price for each year for which the
124	contract may be renewed. Evaluation of proposals shall include
125	consideration of the total cost for each year as submitted by
126	the vendor.
127	(b)  The criteria used in determining the acceptability of
128	proposals must allow a small business to submit a proposal for
129	any portion of a bundled contract. Upon receipt of such a
130	proposal, if the agency determines that the small business is a
131	responsible and responsive vendor for that portion of the
132	bundled contract, the agency shall allow each responsible and
133	responsive vendor to submit a separate proposal, and may award a
134	separate contract, for that portion of the bundled contract.
135	(c)(b)  The contract shall be awarded to the responsible
136	and responsive vendor whose proposal is determined in writing to
137	be the most advantageous to the state, taking into consideration
138	the price and the other criteria set forth in the request for
139	proposals. For any contract or portion of a bundled contract,
140	the criteria must give preference to a responsive proposal from
141	a responsible and responsive vendor that is a small business.
142	The contract file shall contain documentation supporting the
143	basis on which the award is made.
144	(3)(a)  If the agency determines in writing that the use of
145	an invitation to bid or a request for proposals will not result
146	in the best value to the state, the agency may procure
147	commodities and contractual services by competitive sealed
148	replies. The agency's written determination must specify reasons
149	that explain why negotiation may be necessary in order for the
150	state to achieve the best value and must be approved in writing
151	by the agency head or his or her designee before prior to the
152	advertisement of an invitation to negotiate. An invitation to
153	negotiate shall be made available to all vendors simultaneously
154	and must include a statement of the commodities or contractual
155	services sought; the time and date for the receipt of replies
156	and of the public opening; and all terms and conditions
157	applicable to the procurement, including the criteria to be used
158	in determining the acceptability of the reply. If the agency
159	contemplates renewal of the contract, that fact must be stated
160	in the invitation to negotiate. The reply shall include the
161	price for each year for which the contract may be renewed.
162	(b)  The criteria used in determining the acceptability of
163	replies must allow a small business to submit a reply for any
164	portion of a bundled contract. Upon receipt of such a reply, if
165	the agency determines that the small business is a responsible
166	and responsive vendor for that portion of the bundled contract,
167	the agency shall allow each responsible and responsive vendor to
168	submit a separate reply, and may award a separate contract, for
169	that portion of the bundled contract.
170	(c)(b)  The agency shall evaluate and rank responsive
171	replies against all evaluation criteria set forth in the
172	invitation to negotiate and shall select, based on the ranking,
173	one or more vendors with which to commence negotiations. For any
174	contract or portion of a bundled contract, the criteria must
175	give preference to a responsive reply from a responsible and
176	responsive vendor that is a small business. After negotiations
177	are conducted, the agency shall award the contract to the
178	responsible and responsive vendor that the agency determines
179	will provide the best value to the state. The contract file must
180	contain a short plain statement that explains the basis for
181	vendor selection and that sets forth the vendor's deliverables
182	and price, pursuant to the contract, with an explanation of how
183	these deliverables and price provide the best value to the
184	state.
185	(26)  An agency shall annually award to small businesses,
186	either directly or indirectly as subcontractors, at least 25
187	percent of the total dollar amount of contracts awarded.
188	(27)(a)  An agency, to the maximum extent practicable,
189	shall structure agency contracts to facilitate competition by
190	and among small businesses in this state, taking all reasonable
191	steps to eliminate obstacles to their participation and avoiding
192	the unnecessary and unjustified bundling of contracts that may
193	preclude small business participation as prime contractors.
194	(b)  Before issuing a solicitation for a bundled contract,
195	an agency must conduct market research to determine whether
196	contract bundling is necessary and justified. If the agency
197	determines that contract bundling is necessary and justified,
198	the agency must include in the solicitation a written summary of
199	the agency's market research and a written analysis of the
200	research that explains why contract bundling is necessary and
201	justified.
202	(28)(a)  Each contract awarded under this section must
203	require the vendor to use small businesses in this state as
204	subcontractors or subvendors. The percentage of funds, in terms
205	of gross contract amount and revenues, that must be expended
206	with small businesses in this state shall be determined by the
207	agency before the solicitation for the contract is issued;
208	however, the contract may not allow a vendor to expend less than
209	10 percent of the gross contract amount with small businesses in
210	this state.
211	(b)  Each contract must also include specific requirements
212	for the timely payment of subcontractors by the prime contractor
213	and specific terms and conditions applicable if a prime
214	contractor breeches the payment timelines specified in the
215	contract.
216	(29)  The Florida Small Business Advocate selected under s.
217	288.7002 shall:
218	(a)  Establish a system to record and measure the use of
219	small businesses in state contracting. This system shall
220	maintain information and statistics on state business
221	participation, awards, dollar volume of expenditures, and other
222	appropriate types of information to analyze progress in the
223	access of small businesses to state contracts and to monitor
224	agency compliance with this section. Such reporting must
225	include, but is not limited to, the identification of all
226	subcontracts in state contracting by dollar amount and by number
227	of subcontracts and identification of the use of small
228	businesses as prime contractors and subcontractors by dollar
229	amounts of contracts and subcontracts, number of contracts and
230	subcontracts, industry, and any conditions or circumstances that
231	significantly affected the performance of subcontractors. An
232	agency shall report its compliance with the requirements of this
233	reporting system at least annually and at the request of the
234	Florida Small Business Advocate. All agencies shall cooperate
235	with the Florida Small Business Advocate in establishing this
236	reporting system.
237	(b)  Report agency compliance with paragraph (a) for the
238	preceding fiscal year to the Governor and Cabinet, the President
239	of the Senate, the Speaker of the House of Representatives, and
240	the Small Business Regulatory Advisory Council created under s.
241	288.7001 on or before February 1 of each year. The report must
242	contain, at a minimum, the following:
243	1.  Total expenditures of each agency by industry.
244	2.  The dollar amount and percentage of contracts awarded
245	to small businesses by each state agency.
246	3.  The dollar amount and percentage of contracts awarded
247	indirectly to small businesses as subcontractors by each state
248	agency.
249	4.  The total dollar amount and percentage of contracts
250	awarded to small businesses, whether directly or indirectly as
251	subcontractors.
252	(30)  Notwithstanding any provision of law, an agency may
253	not require a vendor to post a bid bond, performance bond, or
254	other surety for a contract that does not exceed $500,000. This
255	subsection does not apply to any requirement for posting a bond
256	pending the protest of a solicitation; the protest of a rejected
257	bid, proposal, or reply; or the protest of a contract award.
258	Section 3.  Section 288.703, Florida Statutes, is amended
259	to read:
260	288.703  Definitions.-As used in this chapter act, the term
261	following words and terms shall have the following meanings
262	unless the content shall indicate another meaning or intent:
263	(1)  "Business concern" means a business entity organized
264	for profit that has a place of business within the United
265	States; operates primarily within the United States or makes a
266	significant contribution to the United States economy through
267	payment of taxes or use of American products, materials, or
268	labor; is independently owned and operated; and is not dominant
269	within the business entity's industry. The term includes any
270	such business entity organized as any form of corporation,
271	partnership, limited liability company, sole proprietorship,
272	joint venture, association, trust, cooperative, or other legal
273	entity.
274	(2)(4)  "Certified minority business enterprise" means a
275	business that is which has been certified by the certifying
276	organization or jurisdiction in accordance with s. 287.0943(1)
277	and (2).
278	(3)(5)  "Department" means the Department of Management
279	Services.
280	(4)(7)  "Financial institution" means any bank, trust
281	company, insurance company, savings and loan association, credit
282	union, federal lending agency, or foundation.
283	(5)(2)  "Minority business enterprise" means any small
284	business that concern as defined in subsection (1) which is
285	organized to engage in commercial transactions, that which is
286	domiciled in Florida, and that which is at least 51-percent-
287	owned by minority persons who are members of an insular group
288	that is of a particular racial, ethnic, or gender makeup or
289	national origin, which has been subjected historically to
290	disparate treatment due to identification in and with that group
291	resulting in an underrepresentation of commercial enterprises
292	under the group's control, and whose management and daily
293	operations are controlled by such persons. A minority business
294	enterprise may primarily involve the practice of a profession.
295	Ownership by a minority person does not include ownership which
296	is the result of a transfer from a nonminority person to a
297	minority person within a related immediate family group if the
298	combined total net asset value of all members of such family
299	group exceeds $1 million. For purposes of this subsection, the
300	term "related immediate family group" means one or more children
301	under 16 years of age and a parent of such children or the
302	spouse of such parent residing in the same house or living unit.
303	(6)(3)  "Minority person" means a lawful, permanent
304	resident of Florida who is:
305	(a)  An African American, a person having origins in any of
306	the black racial groups of the African Diaspora, regardless of
307	cultural origin.
308	(b)  A Hispanic American, a person of Spanish or Portuguese
309	culture with origins in Spain, Portugal, Mexico, South America,
310	Central America, or the Caribbean, regardless of race.
311	(c)  An Asian American, a person having origins in any of
312	the original peoples of the Far East, Southeast Asia, the Indian
313	Subcontinent, or the Pacific Islands, including the Hawaiian
314	Islands before prior to 1778.
315	(d)  A Native American, a person who has origins in any of
316	the Indian Tribes of North America before prior to 1835, upon
317	presentation of proper documentation thereof as established by
318	rule of the Department of Management Services.
319	(e)  An American woman.
320	(7)(6)  "Ombudsman" means an office or individual whose
321	responsibilities include coordinating with the Office of
322	Supplier Diversity for the interests of and providing assistance
323	to small and minority business enterprises in dealing with
324	governmental agencies and in developing proposals for changes in
325	state agency rules.
326	(8)  "Secretary" means the Secretary of the Department of
327	Management Services.
328	(9)(1)  "Small business" means a an independently owned and
329	operated business concern that has a workforce of 100 employs
330	200 or fewer permanent full-time positions, whether employees,
331	independent contractors, or other contractual personnel, and
332	that, together with its affiliates, has a net worth of not more
333	than $5 million or any firm based in this state which has a
334	Small Business Administration 8(a) certification. As applicable
335	to sole proprietorships, the $5 million net worth requirement
336	shall include both personal and business investments.
337	Section 4.  Paragraph (b) of subsection (3) of section
338	120.54, Florida Statutes, is amended to read:
339	120.54  Rulemaking.-
340	(3)  ADOPTION PROCEDURES.-
341	(b)  Special matters to be considered in rule adoption.-
342	1.  Statement of estimated regulatory costs.-Prior to the
343	adoption, amendment, or repeal of any rule other than an
344	emergency rule, an agency is encouraged to prepare a statement
345	of estimated regulatory costs of the proposed rule, as provided
346	by s. 120.541. However, an agency shall prepare a statement of
347	estimated regulatory costs of the proposed rule, as provided by
348	s. 120.541, if the proposed rule will have an impact on small
349	business.
350	2.  Small businesses, small counties, and small cities.-
351	a.  Each agency, before the adoption, amendment, or repeal
352	of a rule, shall consider the impact of the rule on small
353	businesses as defined in by s. 288.703 and the impact of the
354	rule on small counties or small cities as defined in by s.
355	120.52. Whenever practicable, an agency shall tier its rules to
356	reduce disproportionate impacts on small businesses, small
357	counties, or small cities to avoid regulating small businesses,
358	small counties, or small cities that do not contribute
359	significantly to the problem the rule is designed to address. An
360	agency may define "small business" to include businesses
361	employing more than 200 persons, may define "small county" to
362	include those with populations of more than 75,000, and may
363	define "small city" to include those with populations of more
364	than 10,000, if it finds that such a definition is necessary to
365	adapt a rule to the needs and problems of small businesses,
366	small counties, or small cities. The agency shall consider each
367	of the following methods for reducing the impact of the proposed
368	rule on small businesses, small counties, and small cities, or
369	any combination of these entities:
370	(I)  Establishing less stringent compliance or reporting
371	requirements in the rule.
372	(II)  Establishing less stringent schedules or deadlines in
373	the rule for compliance or reporting requirements.
374	(III)  Consolidating or simplifying the rule's compliance
375	or reporting requirements.
376	(IV)  Establishing performance standards or best management
377	practices to replace design or operational standards in the
378	rule.
379	(V)  Exempting small businesses, small counties, or small
380	cities from any or all requirements of the rule.
381	b.(I)  If the agency determines that the proposed action
382	will affect small businesses as defined in s. 288.703 by the
383	agency as provided in sub-subparagraph a., the agency shall send
384	written notice of the rule to the Small Business Regulatory
385	Advisory Council and the Office of Tourism, Trade, and Economic
386	Development not less than 28 days prior to the intended action.
387	(II)  Each agency shall adopt those regulatory alternatives
388	offered by the Small Business Regulatory Advisory Council and
389	provided to the agency no later than 21 days after the council's
390	receipt of the written notice of the rule which it finds are
391	feasible and consistent with the stated objectives of the
392	proposed rule and which would reduce the impact on small
393	businesses. When regulatory alternatives are offered by the
394	Small Business Regulatory Advisory Council, the 90-day period
395	for filing the rule in subparagraph (e)2. is extended for a
396	period of 21 days.
397	(III)  If an agency does not adopt all alternatives offered
398	pursuant to this sub-subparagraph, it shall, prior to rule
399	adoption or amendment and pursuant to subparagraph (d)1., file a
400	detailed written statement with the committee explaining the
401	reasons for failure to adopt such alternatives. Within 3 working
402	days of the filing of such notice, the agency shall send a copy
403	of such notice to the Small Business Regulatory Advisory
404	Council. The Small Business Regulatory Advisory Council may make
405	a request of the President of the Senate and the Speaker of the
406	House of Representatives that the presiding officers direct the
407	Office of Program Policy Analysis and Government Accountability
408	to determine whether the rejected alternatives reduce the impact
409	on small business while meeting the stated objectives of the
410	proposed rule. Within 60 days after the date of the directive
411	from the presiding officers, the Office of Program Policy
412	Analysis and Government Accountability shall report to the
413	Administrative Procedures Committee its findings as to whether
414	an alternative reduces the impact on small business while
415	meeting the stated objectives of the proposed rule. The Office
416	of Program Policy Analysis and Government Accountability shall
417	consider the proposed rule, the economic impact statement, the
418	written statement of the agency, the proposed alternatives, and
419	any comment submitted during the comment period on the proposed
420	rule. The Office of Program Policy Analysis and Government
421	Accountability shall submit a report of its findings and
422	recommendations to the Governor, the President of the Senate,
423	and the Speaker of the House of Representatives. The
424	Administrative Procedures Committee shall report such findings
425	to the agency, and the agency shall respond in writing to the
426	Administrative Procedures Committee if the Office of Program
427	Policy Analysis and Government Accountability found that the
428	alternative reduced the impact on small business while meeting
429	the stated objectives of the proposed rule. If the agency will
430	not adopt the alternative, it must also provide a detailed
431	written statement to the committee as to why it will not adopt
432	the alternative.
433	Section 5.  Subsection (1) of section 24.113, Florida
434	Statutes, is amended to read:
435	24.113  Minority participation.-
436	(1)  It is the intent of the Legislature that the
437	department encourage participation by minority business
438	enterprises as defined in s. 288.703. Accordingly, 15 percent of
439	the retailers shall be minority business enterprises as defined
440	in s. 288.703(2); however, no more than 35 percent of such
441	retailers shall be owned by the same type of minority person, as
442	defined in s. 288.703(3). The department is encouraged to meet
443	the minority business enterprise procurement goals set forth in
444	s. 287.09451 in the procurement of commodities, contractual
445	services, construction, and architectural and engineering
446	services. This section shall not preclude or prohibit a minority
447	person from competing for any other retailing or vending
448	agreement awarded by the department.
449	Section 6.  Paragraphs (g) and (h) of subsection (5) and
450	paragraph (b) of subsection (15) of section 212.08, Florida
451	Statutes, are amended to read:
452	212.08  Sales, rental, use, consumption, distribution, and
453	storage tax; specified exemptions.-The sale at retail, the
454	rental, the use, the consumption, the distribution, and the
455	storage to be used or consumed in this state of the following
456	are hereby specifically exempt from the tax imposed by this
457	chapter.
458	(5)  EXEMPTIONS; ACCOUNT OF USE.-
459	(g)  Building materials used in the rehabilitation of real
460	property located in an enterprise zone.-
461	1.  Building materials used in the rehabilitation of real
462	property located in an enterprise zone shall be exempt from the
463	tax imposed by this chapter upon an affirmative showing to the
464	satisfaction of the department that the items have been used for
465	the rehabilitation of real property located in an enterprise
466	zone. Except as provided in subparagraph 2., this exemption
467	inures to the owner, lessee, or lessor of the rehabilitated real
468	property located in an enterprise zone only through a refund of
469	previously paid taxes. To receive a refund pursuant to this
470	paragraph, the owner, lessee, or lessor of the rehabilitated
471	real property located in an enterprise zone must file an
472	application under oath with the governing body or enterprise
473	zone development agency having jurisdiction over the enterprise
474	zone where the business is located, as applicable, which
475	includes:
476	a.  The name and address of the person claiming the refund.
477	b.  An address and assessment roll parcel number of the
478	rehabilitated real property in an enterprise zone for which a
479	refund of previously paid taxes is being sought.
480	c.  A description of the improvements made to accomplish
481	the rehabilitation of the real property.
482	d.  A copy of the building permit issued for the
483	rehabilitation of the real property.
484	e.  A sworn statement, under the penalty of perjury, from
485	the general contractor licensed in this state with whom the
486	applicant contracted to make the improvements necessary to
487	accomplish the rehabilitation of the real property, which
488	statement lists the building materials used in the
489	rehabilitation of the real property, the actual cost of the
490	building materials, and the amount of sales tax paid in this
491	state on the building materials. In the event that a general
492	contractor has not been used, the applicant shall provide this
493	information in a sworn statement, under the penalty of perjury.
494	Copies of the invoices which evidence the purchase of the
495	building materials used in such rehabilitation and the payment
496	of sales tax on the building materials shall be attached to the
497	sworn statement provided by the general contractor or by the
498	applicant. Unless the actual cost of building materials used in
499	the rehabilitation of real property and the payment of sales
500	taxes due thereon is documented by a general contractor or by
501	the applicant in this manner, the cost of such building
502	materials shall be an amount equal to 40 percent of the increase
503	in assessed value for ad valorem tax purposes.
504	f.  The identifying number assigned pursuant to s. 290.0065
505	to the enterprise zone in which the rehabilitated real property
506	is located.
507	g.  A certification by the local building code inspector
508	that the improvements necessary to accomplish the rehabilitation
509	of the real property are substantially completed.
510	h.  Whether the business is a small business as defined in
511	by s. 288.703(1).
512	i.  If applicable, the name and address of each permanent
513	employee of the business, including, for each employee who is a
514	resident of an enterprise zone, the identifying number assigned
515	pursuant to s. 290.0065 to the enterprise zone in which the
516	employee resides.
517	2.  This exemption inures to a city, county, other
518	governmental agency, or nonprofit community-based organization
519	through a refund of previously paid taxes if the building
520	materials used in the rehabilitation of real property located in
521	an enterprise zone are paid for from the funds of a community
522	development block grant, State Housing Initiatives Partnership
523	Program, or similar grant or loan program. To receive a refund
524	pursuant to this paragraph, a city, county, other governmental
525	agency, or nonprofit community-based organization must file an
526	application which includes the same information required to be
527	provided in subparagraph 1. by an owner, lessee, or lessor of
528	rehabilitated real property. In addition, the application must
529	include a sworn statement signed by the chief executive officer
530	of the city, county, other governmental agency, or nonprofit
531	community-based organization seeking a refund which states that
532	the building materials for which a refund is sought were paid
533	for from the funds of a community development block grant, State
534	Housing Initiatives Partnership Program, or similar grant or
535	loan program.
536	3.  Within 10 working days after receipt of an application,
537	the governing body or enterprise zone development agency shall
538	review the application to determine if it contains all the
539	information required pursuant to subparagraph 1. or subparagraph
540	2. and meets the criteria set out in this paragraph. The
541	governing body or agency shall certify all applications that
542	contain the information required pursuant to subparagraph 1. or
543	subparagraph 2. and meet the criteria set out in this paragraph
544	as eligible to receive a refund. If applicable, the governing
545	body or agency shall also certify if 20 percent of the employees
546	of the business are residents of an enterprise zone, excluding
547	temporary and part-time employees. The certification shall be in
548	writing, and a copy of the certification shall be transmitted to
549	the executive director of the Department of Revenue. The
550	applicant shall be responsible for forwarding a certified
551	application to the department within the time specified in
552	subparagraph 4.
553	4.  An application for a refund pursuant to this paragraph
554	must be submitted to the department within 6 months after the
555	rehabilitation of the property is deemed to be substantially
556	completed by the local building code inspector or by September 1
557	after the rehabilitated property is first subject to assessment.
558	5.  Not more than one exemption through a refund of
559	previously paid taxes for the rehabilitation of real property
560	shall be permitted for any single parcel of property unless
561	there is a change in ownership, a new lessor, or a new lessee of
562	the real property. No refund shall be granted pursuant to this
563	paragraph unless the amount to be refunded exceeds $500. No
564	refund granted pursuant to this paragraph shall exceed the
565	lesser of 97 percent of the Florida sales or use tax paid on the
566	cost of the building materials used in the rehabilitation of the
567	real property as determined pursuant to sub-subparagraph 1.e. or
568	$5,000, or, if no less than 20 percent of the employees of the
569	business are residents of an enterprise zone, excluding
570	temporary and part-time employees, the amount of refund granted
571	pursuant to this paragraph shall not exceed the lesser of 97
572	percent of the sales tax paid on the cost of such building
573	materials or $10,000. A refund approved pursuant to this
574	paragraph shall be made within 30 days of formal approval by the
575	department of the application for the refund. This subparagraph
576	shall apply retroactively to July 1, 2005.
577	6.  The department shall adopt rules governing the manner
578	and form of refund applications and may establish guidelines as
579	to the requisites for an affirmative showing of qualification
580	for exemption under this paragraph.
581	7.  The department shall deduct an amount equal to 10
582	percent of each refund granted under the provisions of this
583	paragraph from the amount transferred into the Local Government
584	Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
585	for the county area in which the rehabilitated real property is
586	located and shall transfer that amount to the General Revenue
587	Fund.
588	8.  For the purposes of the exemption provided in this
589	paragraph:
590	a.  "Building materials" means tangible personal property
591	which becomes a component part of improvements to real property.
592	b.  "Real property" has the same meaning as provided in s.
593	192.001(12).
594	c.  "Rehabilitation of real property" means the
595	reconstruction, renovation, restoration, rehabilitation,
596	construction, or expansion of improvements to real property.
597	d.  "Substantially completed" has the same meaning as
598	provided in s. 192.042(1).
599	9.  This paragraph expires on the date specified in s.
600	290.016 for the expiration of the Florida Enterprise Zone Act.
601	(h)  Business property used in an enterprise zone.-
602	1.  Business property purchased for use by businesses
603	located in an enterprise zone which is subsequently used in an
604	enterprise zone shall be exempt from the tax imposed by this
605	chapter. This exemption inures to the business only through a
606	refund of previously paid taxes. A refund shall be authorized
607	upon an affirmative showing by the taxpayer to the satisfaction
608	of the department that the requirements of this paragraph have
609	been met.
610	2.  To receive a refund, the business must file under oath
611	with the governing body or enterprise zone development agency
612	having jurisdiction over the enterprise zone where the business
613	is located, as applicable, an application which includes:
614	a.  The name and address of the business claiming the
615	refund.
616	b.  The identifying number assigned pursuant to s. 290.0065
617	to the enterprise zone in which the business is located.
618	c.  A specific description of the property for which a
619	refund is sought, including its serial number or other permanent
620	identification number.
621	d.  The location of the property.
622	e.  The sales invoice or other proof of purchase of the
623	property, showing the amount of sales tax paid, the date of
624	purchase, and the name and address of the sales tax dealer from
625	whom the property was purchased.
626	f.  Whether the business is a small business as defined in
627	by s. 288.703(1).
628	g.  If applicable, the name and address of each permanent
629	employee of the business, including, for each employee who is a
630	resident of an enterprise zone, the identifying number assigned
631	pursuant to s. 290.0065 to the enterprise zone in which the
632	employee resides.
633	3.  Within 10 working days after receipt of an application,
634	the governing body or enterprise zone development agency shall
635	review the application to determine if it contains all the
636	information required pursuant to subparagraph 2. and meets the
637	criteria set out in this paragraph. The governing body or agency
638	shall certify all applications that contain the information
639	required pursuant to subparagraph 2. and meet the criteria set
640	out in this paragraph as eligible to receive a refund. If
641	applicable, the governing body or agency shall also certify if
642	20 percent of the employees of the business are residents of an
643	enterprise zone, excluding temporary and part-time employees.
644	The certification shall be in writing, and a copy of the
645	certification shall be transmitted to the executive director of
646	the Department of Revenue. The business shall be responsible for
647	forwarding a certified application to the department within the
648	time specified in subparagraph 4.
649	4.  An application for a refund pursuant to this paragraph
650	must be submitted to the department within 6 months after the
651	tax is due on the business property that is purchased.
652	5.  The amount refunded on purchases of business property
653	under this paragraph shall be the lesser of 97 percent of the
654	sales tax paid on such business property or $5,000, or, if no
655	less than 20 percent of the employees of the business are
656	residents of an enterprise zone, excluding temporary and part-
657	time employees, the amount refunded on purchases of business
658	property under this paragraph shall be the lesser of 97 percent
659	of the sales tax paid on such business property or $10,000. A
660	refund approved pursuant to this paragraph shall be made within
661	30 days of formal approval by the department of the application
662	for the refund. No refund shall be granted under this paragraph
663	unless the amount to be refunded exceeds $100 in sales tax paid
664	on purchases made within a 60-day time period.
665	6.  The department shall adopt rules governing the manner
666	and form of refund applications and may establish guidelines as
667	to the requisites for an affirmative showing of qualification
668	for exemption under this paragraph.
669	7.  If the department determines that the business property
670	is used outside an enterprise zone within 3 years from the date
671	of purchase, the amount of taxes refunded to the business
672	purchasing such business property shall immediately be due and
673	payable to the department by the business, together with the
674	appropriate interest and penalty, computed from the date of
675	purchase, in the manner provided by this chapter.
676	Notwithstanding this subparagraph, business property used
677	exclusively in:
678	a.  Licensed commercial fishing vessels,
679	b.  Fishing guide boats, or
680	c.  Ecotourism guide boats
681
682	that leave and return to a fixed location within an area
683	designated under s. 379.2353 are eligible for the exemption
684	provided under this paragraph if all requirements of this
685	paragraph are met. Such vessels and boats must be owned by a
686	business that is eligible to receive the exemption provided
687	under this paragraph. This exemption does not apply to the
688	purchase of a vessel or boat.
689	8.  The department shall deduct an amount equal to 10
690	percent of each refund granted under the provisions of this
691	paragraph from the amount transferred into the Local Government
692	Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
693	for the county area in which the business property is located
694	and shall transfer that amount to the General Revenue Fund.
695	9.  For the purposes of this exemption, "business property"
696	means new or used property defined as "recovery property" in s.
697	168(c) of the Internal Revenue Code of 1954, as amended, except:
698	a.  Property classified as 3-year property under s.
699	168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
700	b.  Industrial machinery and equipment as defined in sub-
701	subparagraph (b)6.a. and eligible for exemption under paragraph
702	(b);
703	c.  Building materials as defined in sub-subparagraph
704	(g)8.a.; and
705	d.  Business property having a sales price of under $5,000
706	per unit.
707	10.  This paragraph expires on the date specified in s.
708	290.016 for the expiration of the Florida Enterprise Zone Act.
709	(15)  ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.-
710	(b)  To receive this exemption, a business must file an
711	application, with the enterprise zone development agency having
712	jurisdiction over the enterprise zone where the business is
713	located, on a form provided by the department for the purposes
714	of this subsection and s. 166.231(8). The application shall be
715	made under oath and shall include:
716	1.  The name and location of the business.
717	2.  The identifying number assigned pursuant to s. 290.0065
718	to the enterprise zone in which the business is located.
719	3.  The date on which electrical service is to be first
720	initiated to the business.
721	4.  The name and mailing address of the entity from which
722	electrical energy is to be purchased.
723	5.  The date of the application.
724	6.  The name of the city in which the business is located.
725	7.  If applicable, the name and address of each permanent
726	employee of the business including, for each employee who is a
727	resident of an enterprise zone, the identifying number assigned
728	pursuant to s. 290.0065 to the enterprise zone in which the
729	employee resides.
730	8.  Whether the business is a small business as defined in
731	by s. 288.703(1).
732	Section 7.  Paragraph (g) of subsection (3) of section
733	212.096, Florida Statutes, is amended to read:
734	212.096  Sales, rental, storage, use tax; enterprise zone
735	jobs credit against sales tax.-
736	(3)  In order to claim this credit, an eligible business
737	must file under oath with the governing body or enterprise zone
738	development agency having jurisdiction over the enterprise zone
739	where the business is located, as applicable, a statement which
740	includes:
741	(g)  Whether the business is a small business as defined in
742	by s. 288.703(1).
743	Section 8.  Paragraph (g) of subsection (2) of section
744	220.181, Florida Statutes, is amended to read:
745	220.181  Enterprise zone jobs credit.-
746	(2)  When filing for an enterprise zone jobs credit, a
747	business must file under oath with the governing body or
748	enterprise zone development agency having jurisdiction over the
749	enterprise zone where the business is located, as applicable, a
750	statement which includes:
751	(g)  Whether the business is a small business as defined in
752	by s. 288.703(1).
753	Section 9.  Subsection (13) of section 220.182, Florida
754	Statutes, is amended to read:
755	220.182  Enterprise zone property tax credit.-
756	(13)  When filing for an enterprise zone property tax
757	credit, a business shall indicate whether the business is a
758	small business as defined in by s. 288.703(1).
759	Section 10.  Subsection (1) of section 283.33, Florida
760	Statutes, is amended to read:
761	283.33  Printing of publications; lowest bidder awards.-
762	(1)  Publications may be printed and prepared in-house, by
763	another agency or the Legislature, or purchased on bid,
764	whichever is more economical and practicable as determined by
765	the agency. An agency may contract for binding separately when
766	more economical or practicable, whether or not the remainder of
767	the printing is done in-house. A vendor may subcontract for
768	binding and still be considered a responsible vendor,
769	notwithstanding s. 287.012(25)(24).
770	Section 11.  Subsection (2) of section 287.0931, Florida
771	Statutes, is amended to read:
772	287.0931  Minority business enterprises; participation in
773	bond underwriting.-
774	(2)  To meet such participation requirement, the minority
775	firm must have full-time employees located in this state, must
776	have a permanent place of business located in this state, and
777	must be a firm which is at least 51-percent-owned by minority
778	persons as defined in s. 288.703(3). However, for the purpose of
779	bond underwriting only, the requirement that the minority person
780	be a permanent resident of this state shall not apply.
781	Section 12.  Paragraph (e) of subsection (2) of section
782	287.0943, Florida Statutes, is amended to read:
783	287.0943  Certification of minority business enterprises.-
784	(2)
785	(e)  In assessing the status of ownership and control,
786	certification criteria shall, at a minimum:
787	1.  Link ownership by a minority person, as defined in s.
788	288.703(3), or as dictated by the legal obligations of a
789	certifying organization, to day-to-day control and financial
790	risk by the qualifying minority owner, and to demonstrated
791	expertise or licensure of a minority owner in any trade or
792	profession that the minority business enterprise will offer to
793	the state when certified. Businesses must comply with all state
794	licensing requirements prior to becoming certified as a minority
795	business enterprise.
796	2.  If present ownership was obtained by transfer, require
797	the minority person on whom eligibility is based to have owned
798	at least 51 percent of the applicant firm for a minimum of 2
799	years, when any previous majority ownership interest in the firm
800	was by a nonminority who is or was a relative, former employer,
801	or current employer of the minority person on whom eligibility
802	is based. This requirement shall not apply to minority persons
803	who are otherwise eligible who take a 51-percent-or-greater
804	interest in a firm that requires professional licensure to
805	operate and who will be the qualifying licenseholder for the
806	firm when certified. A transfer made within a related immediate
807	family group from a nonminority person to a minority person in
808	order to establish ownership by a minority person shall be
809	deemed to have been made solely for purposes of satisfying
810	certification criteria and shall render such ownership invalid
811	for purposes of qualifying for such certification if the
812	combined total net asset value of all members of such family
813	group exceeds $1 million. For purposes of this subparagraph, the
814	term "related immediate family group" means one or more children
815	under 16 years of age and a parent of such children or the
816	spouse of such parent residing in the same house or living unit.
817	3.  Require that prospective certified minority business
818	enterprises be currently performing or seeking to perform a
819	useful business function. A "useful business function" is
820	defined as a business function which results in the provision of
821	materials, supplies, equipment, or services to customers. Acting
822	as a conduit to transfer funds to a nonminority business does
823	not constitute a useful business function unless it is done so
824	in a normal industry practice. As used in this section, the term
825	"acting as a conduit" means, in part, not acting as a regular
826	dealer by making sales of material, goods, or supplies from
827	items bought, kept in stock, and regularly sold to the public in
828	the usual course of business. Brokers, manufacturer's
829	representatives, sales representatives, and nonstocking
830	distributors are considered as conduits that do not perform a
831	useful business function, unless normal industry practice
832	dictates.
833	Section 13.  Paragraph (n) of subsection (4) of section
834	287.09451, Florida Statutes, is amended to read:
835	287.09451  Office of Supplier Diversity; powers, duties,
836	and functions.-
837	(4)  The Office of Supplier Diversity shall have the
838	following powers, duties, and functions:
839	(n)1.  To develop procedures to be used by an agency in
840	identifying commodities, contractual services, architectural and
841	engineering services, and construction contracts, except those
842	architectural, engineering, construction, or other related
843	services or contracts subject to the provisions of chapter 339,
844	that could be provided by minority business enterprises. Each
845	agency is encouraged to spend 21 percent of the moneys actually
846	expended for construction contracts, 25 percent of the moneys
847	actually expended for architectural and engineering contracts,
848	24 percent of the moneys actually expended for commodities, and
849	50.5 percent of the moneys actually expended for contractual
850	services during the previous fiscal year, except for the state
851	university construction program which shall be based upon public
852	education capital outlay projections for the subsequent fiscal
853	year, and reported to the Legislature pursuant to s. 216.023,
854	for the purpose of entering into contracts with certified
855	minority business enterprises as defined in s. 288.703(2), or
856	approved joint ventures. However, in the event of budget
857	reductions pursuant to s. 216.221, the base amounts may be
858	adjusted to reflect such reductions. The overall spending goal
859	for each industry category shall be subdivided as follows:
860	a.  For construction contracts: 4 percent for black
861	Americans, 6 percent for Hispanic-Americans, and 11 percent for
862	American women.
863	b.  For architectural and engineering contracts: 9 percent
864	for Hispanic-Americans, 1 percent for Asian-Americans, and 15
865	percent for American women.
866	c.  For commodities: 2 percent for black Americans, 4
867	percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
868	0.5 percent for Native Americans, and 17 percent for American
869	women.
870	d.  For contractual services: 6 percent for black
871	Americans, 7 percent for Hispanic-Americans, 1 percent for
872	Asian-Americans, 0.5 percent for Native Americans, and 36
873	percent for American women.
874	2.  For the purposes of commodities contracts for the
875	purchase of equipment to be used in the construction and
876	maintenance of state transportation facilities involving the
877	Department of Transportation, "minority business enterprise" has
878	the same meaning as provided in s. 288.703. "Minority person"
879	has the same meaning as in s. 288.703(3). In order to ensure
880	that the goals established under this paragraph for contracting
881	with certified minority business enterprises are met, the
882	department, with the assistance of the Office of Supplier
883	Diversity, shall make recommendations to the Legislature on
884	revisions to the goals, based on an updated statistical
885	analysis, at least once every 5 years. Such recommendations
886	shall be based on statistical data indicating the availability
887	of and disparity in the use of minority businesses contracting
888	with the state. The results of the first updated disparity study
889	must be presented to the Legislature no later than December 1,
890	1996.
891	3.  In determining the base amounts for assessing
892	compliance with this paragraph, the Office of Supplier Diversity
893	may develop, by rule, guidelines for all agencies to use in
894	establishing such base amounts. These rules must include, but
895	are not limited to, guidelines for calculation of base amounts,
896	a deadline for the agencies to submit base amounts, a deadline
897	for approval of the base amounts by the Office of Supplier
898	Diversity, and procedures for adjusting the base amounts as a
899	result of budget reductions made pursuant to s. 216.221.
900	4.  To determine guidelines for the use of price
901	preferences, weighted preference formulas, or other preferences,
902	as appropriate to the particular industry or trade, to increase
903	the participation of minority businesses in state contracting.
904	These guidelines shall include consideration of:
905	a.  Size and complexity of the project.
906	b.  The concentration of transactions with minority
907	business enterprises for the commodity or contractual services
908	in question in prior agency contracting.
909	c.  The specificity and definition of work allocated to
910	participating minority business enterprises.
911	d.  The capacity of participating minority business
912	enterprises to complete the tasks identified in the project.
913	e.  The available pool of minority business enterprises as
914	prime contractors, either alone or as partners in an approved
915	joint venture that serves as the prime contractor.
916	5.  To determine guidelines for use of joint ventures to
917	meet minority business enterprises spending goals. For purposes
918	of this section, "joint venture" means any association of two or
919	more business concerns to carry out a single business enterprise
920	for profit, for which purpose they combine their property,
921	capital, efforts, skills, and knowledge. The guidelines shall
922	allow transactions with joint ventures to be eligible for credit
923	against the minority business enterprise goals of an agency when
924	the contracting joint venture demonstrates that at least one
925	partner to the joint venture is a certified minority business
926	enterprise as defined in s. 288.703, and that such partner is
927	responsible for a clearly defined portion of the work to be
928	performed, and shares in the ownership, control, management,
929	responsibilities, risks, and profits of the joint venture. Such
930	demonstration shall be by verifiable documents and sworn
931	statements and may be reviewed by the Office of Supplier
932	Diversity at or before the time a contract bid, proposal, or
933	reply is submitted. An agency may count toward its minority
934	business enterprise goals a portion of the total dollar amount
935	of a contract equal to the percentage of the ownership and
936	control held by the qualifying certified minority business
937	partners in the contracting joint venture, so long as the joint
938	venture meets the guidelines adopted by the office.
939	Section 14.  Subsection (1) of section 287.0947, Florida
940	Statutes, is amended to read:
941	287.0947  Florida Advisory Council on Small and Minority
942	Business Development; creation; membership; duties.-
943	(1)  On or after October 1, 1996, The Secretary of
944	Management Services the Department of Labor and Employment
945	Security may create the Florida Advisory Council on Small and
946	Minority Business Development with the purpose of advising and
947	assisting the secretary in carrying out the secretary's duties
948	with respect to minority businesses and economic and business
949	development. It is the intent of the Legislature that the
950	membership of such council include practitioners, laypersons,
951	financiers, and others with business development experience who
952	can provide invaluable insight and expertise for this state in
953	the diversification of its markets and networking of business
954	opportunities. The council shall initially consist of 19
955	persons, each of whom is or has been actively engaged in small
956	and minority business development, either in private industry,
957	in governmental service, or as a scholar of recognized
958	achievement in the study of such matters. Initially, the council
959	shall consist of members representing all regions of the state
960	and shall include at least one member from each group identified
961	within the definition of "minority person" in s. 288.703(3),
962	considering also gender and nationality subgroups, and shall
963	consist of the following:
964	(a)  Four members consisting of representatives of local
965	and federal small and minority business assistance programs or
966	community development programs.
967	(b)  Eight members composed of representatives of the
968	minority private business sector, including certified minority
969	business enterprises and minority supplier development councils,
970	among whom at least two shall be women and at least four shall
971	be minority persons.
972	(c)  Two representatives of local government, one of whom
973	shall be a representative of a large local government, and one
974	of whom shall be a representative of a small local government.
975	(d)  Two representatives from the banking and insurance
976	industry.
977	(e)  Two members from the private business sector,
978	representing the construction and commodities industries.
979	(f)  The chairperson of the Florida Black Business
980	Investment Board or the chairperson's designee.
981
982	A candidate for appointment may be considered if eligible to be
983	certified as an owner of a minority business enterprise, or if
984	otherwise qualified under the criteria above. Vacancies may be
985	filled by appointment of the secretary, in the manner of the
986	original appointment.
987	Section 15.  Paragraph (d) of subsection (3) of section
988	310.0015, Florida Statutes, is amended to read:
989	310.0015  Piloting regulation; general provisions.-
990	(3)  The rate-setting process, the issuance of licenses
991	only in numbers deemed necessary or prudent by the board, and
992	other aspects of the economic regulation of piloting established
993	in this chapter are intended to protect the public from the
994	adverse effects of unrestricted competition which would result
995	from an unlimited number of licensed pilots being allowed to
996	market their services on the basis of lower prices rather than
997	safety concerns. This system of regulation benefits and protects
998	the public interest by maximizing safety, avoiding uneconomic
999	duplication of capital expenses and facilities, and enhancing
1000	state regulatory oversight. The system seeks to provide pilots
1001	with reasonable revenues, taking into consideration the normal
1002	uncertainties of vessel traffic and port usage, sufficient to
1003	maintain reliable, stable piloting operations. Pilots have
1004	certain restrictions and obligations under this system,
1005	including, but not limited to, the following:
1006	(d)1.  The pilot or pilots in a port shall train and
1007	compensate all member deputy pilots in that port. Failure to
1008	train or compensate such deputy pilots shall constitute a ground
1009	for disciplinary action under s. 310.101. Nothing in this
1010	subsection shall be deemed to create an agency or employment
1011	relationship between a pilot or deputy pilot and the pilot or
1012	pilots in a port.
1013	2.  The pilot or pilots in a port shall establish a
1014	competency-based mentor program by which minority persons, as
1015	defined in s. 288.703(3), may acquire the skills for the
1016	professional preparation and education competency requirements
1017	of a licensed state pilot or certificated deputy pilot. The
1018	department shall provide the Governor, the President of the
1019	Senate, and the Speaker of the House of Representatives with a
1020	report each year on the number of minority persons, as defined
1021	in s. 288.703(3), who have participated in each mentor program,
1022	who are licensed state pilots or certificated deputy pilots, and
1023	who have applied for state pilot licensure or deputy pilot
1024	certification.
1025	Section 16.  Subsection (3) of section 320.63, Florida
1026	Statutes, is amended to read:
1027	320.63  Application for license; contents.-Any person
1028	desiring to be licensed pursuant to ss. 320.60-320.70 shall make
1029	application therefor to the department upon a form containing
1030	such information as the department requires. The department
1031	shall require, with such application or otherwise and from time
1032	to time, all of the following, which information may be
1033	considered by the department in determining the fitness of the
1034	applicant or licensee to engage in the business for which the
1035	applicant or licensee desires to be licensed:
1036	(3)  From each manufacturer, distributor, or importer which
1037	utilizes an identical blanket basic agreement for its dealers or
1038	distributors in this state, which agreement comprises all or any
1039	part of the applicant's or licensee's agreements with motor
1040	vehicle dealers in this state, a copy of the written agreement
1041	and all supplements thereto, together with a list of the
1042	applicant's or licensee's authorized dealers or distributors and
1043	their addresses. The applicant or licensee shall further notify
1044	the department immediately of the appointment of any additional
1045	dealer or distributor. The applicant or licensee shall annually
1046	report to the department on its efforts to add new minority
1047	dealer points, including difficulties encountered under ss.
1048	320.61-320.70. For purposes of this section "minority" shall
1049	have the same meaning as that given it in the definition of
1050	"minority person" in s. 288.703(3). Not later than 60 days prior
1051	to the date a revision or modification to a franchise agreement
1052	is offered uniformly to a licensee's motor vehicle dealers in
1053	this state, the licensee shall notify the department of such
1054	revision, modification, or addition to the franchise agreement
1055	on file with the department. In no event may a franchise
1056	agreement, or any addendum or supplement thereto, be offered to
1057	a motor vehicle dealer in this state until the applicant or
1058	licensee files an affidavit with the department acknowledging
1059	that the terms or provisions of the agreement, or any related
1060	document, are not inconsistent with, prohibited by, or contrary
1061	to the provisions contained in ss. 320.60-320.70. Any franchise
1062	agreement offered to a motor vehicle dealer in this state shall
1063	provide that all terms and conditions in such agreement
1064	inconsistent with the law and rules of this state are of no
1065	force and effect.
1066	Section 17.  Paragraph (a) of subsection (2) of section
1067	376.3072, Florida Statutes, is amended to read:
1068	376.3072  Florida Petroleum Liability and Restoration
1069	Insurance Program.-
1070	(2)(a)  Any owner or operator of a petroleum storage system
1071	may become an insured in the restoration insurance program at a
1072	facility provided:
1073	1.  A site at which an incident has occurred shall be
1074	eligible for restoration if the insured is a participant in the
1075	third-party liability insurance program or otherwise meets
1076	applicable financial responsibility requirements. After July 1,
1077	1993, the insured must also provide the required excess
1078	insurance coverage or self-insurance for restoration to achieve
1079	the financial responsibility requirements of 40 C.F.R. s.
1080	280.97, subpart H, not covered by paragraph (d).
1081	2.  A site which had a discharge reported prior to January
1082	1, 1989, for which notice was given pursuant to s. 376.3071(9)
1083	or (12), and which is ineligible for the third-party liability
1084	insurance program solely due to that discharge shall be eligible
1085	for participation in the restoration program for any incident
1086	occurring on or after January 1, 1989, in accordance with
1087	subsection (3). Restoration funding for an eligible contaminated
1088	site will be provided without participation in the third-party
1089	liability insurance program until the site is restored as
1090	required by the department or until the department determines
1091	that the site does not require restoration.
1092	3.  Notwithstanding paragraph (b), a site where an
1093	application is filed with the department prior to January 1,
1094	1995, where the owner is a small business under s. 288.703(1), a
1095	state community college with less than 2,500 FTE, a religious
1096	institution as defined in by s. 212.08(7)(m), a charitable
1097	institution as defined in by s. 212.08(7)(p), or a county or
1098	municipality with a population of less than 50,000, shall be
1099	eligible for up to $400,000 of eligible restoration costs, less
1100	a deductible of $10,000 for small businesses, eligible community
1101	colleges, and religious or charitable institutions, and $30,000
1102	for eligible counties and municipalities, provided that:
1103	a.  Except as provided in sub-subparagraph e., the facility
1104	was in compliance with department rules at the time of the
1105	discharge.
1106	b.  The owner or operator has, upon discovery of a
1107	discharge, promptly reported the discharge to the department,
1108	and drained and removed the system from service, if necessary.
1109	c.  The owner or operator has not intentionally caused or
1110	concealed a discharge or disabled leak detection equipment.
1111	d.  The owner or operator proceeds to complete initial
1112	remedial action as defined by department rules.
1113	e.  The owner or operator, if required and if it has not
1114	already done so, applies for third-party liability coverage for
1115	the facility within 30 days of receipt of an eligibility order
1116	issued by the department pursuant to this provision.
1117
1118	However, the department may consider in-kind services from
1119	eligible counties and municipalities in lieu of the $30,000
1120	deductible. The cost of conducting initial remedial action as
1121	defined by department rules shall be an eligible restoration
1122	cost pursuant to this provision.
1123	4.a.  By January 1, 1997, facilities at sites with existing
1124	contamination shall be required to have methods of release
1125	detection to be eligible for restoration insurance coverage for
1126	new discharges subject to department rules for secondary
1127	containment. Annual storage system testing, in conjunction with
1128	inventory control, shall be considered to be a method of release
1129	detection until the later of December 22, 1998, or 10 years
1130	after the date of installation or the last upgrade. Other
1131	methods of release detection for storage tanks which meet such
1132	requirement are:
1133	(I)  Interstitial monitoring of tank and integral piping
1134	secondary containment systems;
1135	(II)  Automatic tank gauging systems; or
1136	(III)  A statistical inventory reconciliation system with a
1137	tank test every 3 years.
1138	b.  For pressurized integral piping systems, the owner or
1139	operator must use:
1140	(I)  An automatic in-line leak detector with flow
1141	restriction meeting the requirements of department rules used in
1142	conjunction with an annual tightness or pressure test; or
1143	(II)  An automatic in-line leak detector with electronic
1144	flow shut-off meeting the requirements of department rules.
1145	c.  For suction integral piping systems, the owner or
1146	operator must use:
1147	(I)  A single check valve installed directly below the
1148	suction pump, provided there are no other valves between the
1149	dispenser and the tank; or
1150	(II)  An annual tightness test or other approved test.
1151	d.  Owners of facilities with existing contamination that
1152	install internal release detection systems in accordance with
1153	sub-subparagraph a. shall permanently close their external
1154	groundwater and vapor monitoring wells in accordance with
1155	department rules by December 31, 1998. Upon installation of the
1156	internal release detection system, these wells shall be secured
1157	and taken out of service until permanent closure.
1158	e.  Facilities with vapor levels of contamination meeting
1159	the requirements of or below the concentrations specified in the
1160	performance standards for release detection methods specified in
1161	department rules may continue to use vapor monitoring wells for
1162	release detection.
1163	f.  The department may approve other methods of release
1164	detection for storage tanks and integral piping which have at
1165	least the same capability to detect a new release as the methods
1166	specified in this subparagraph.
1167	Section 18.  Section 376.60, Florida Statutes, is amended
1168	to read:
1169	376.60  Asbestos removal program inspection and
1170	notification fee.-The Department of Environmental Protection
1171	shall charge an inspection and notification fee, not to exceed
1172	$300 for a small business as defined in s. 288.703(1), or $1,000
1173	for any other project, for any asbestos removal project. The
1174	department may establish a fee schedule by rule. Schools,
1175	colleges, universities, residential dwellings, and those persons
1176	otherwise exempted from licensure under s. 469.002(4) are exempt
1177	from the fees. Any fee collected must be deposited in the
1178	asbestos program account in the Air Pollution Control Trust Fund
1179	to be used by the department to administer its asbestos removal
1180	program.
1181	(1)  In those counties with approved local air pollution
1182	control programs, the department shall return 80 percent of the
1183	asbestos removal program inspection and notification fees
1184	collected in that county to the local government quarterly, if
1185	the county requests it.
1186	(2)  The fees returned to a county under subsection (1)
1187	must be used only for asbestos-related program activities.
1188	(3)  A county may not levy any additional fees for asbestos
1189	removal activity while it receives fees under subsection (1).
1190	(4)  If a county has requested reimbursement under
1191	subsection (1), the department shall reimburse the approved
1192	local air pollution control program with 80 percent of the fees
1193	collected in the county retroactive to July 1, 1994, for
1194	asbestos-related program activities.
1195	(5)  If an approved local air pollution control program
1196	that is providing asbestos notification and inspection services
1197	according to 40 C.F.R. part 61, subpart M, and is collecting
1198	fees sufficient to support the requirements of 40 C.F.R. part
1199	61, subpart M, opts not to receive the state-generated asbestos
1200	notification fees, the state may discontinue collection of the
1201	state asbestos notification fees in that county.
1202	Section 19.  Paragraph (b) of subsection (2) of section
1203	440.45, Florida Statutes, is amended to read:
1204	440.45  Office of the Judges of Compensation Claims.-
1205	(2)
1206	(b)  Except as provided in paragraph (c), the Governor
1207	shall appoint a judge of compensation claims from a list of
1208	three persons nominated by a statewide nominating commission.
1209	The statewide nominating commission shall be composed of the
1210	following:
1211	1.  Five members, at least one of whom must be a member of
1212	a minority group as defined in s. 288.703(3), one of each who
1213	resides in each of the territorial jurisdictions of the district
1214	courts of appeal, appointed by the Board of Governors of The
1215	Florida Bar from among The Florida Bar members who are engaged
1216	in the practice of law. On July 1, 1999, the term of office of
1217	each person appointed by the Board of Governors of The Florida
1218	Bar to the commission expires. The Board of Governors shall
1219	appoint members who reside in the odd-numbered district court of
1220	appeal jurisdictions to 4-year terms each, beginning July 1,
1221	1999, and members who reside in the even-numbered district court
1222	of appeal jurisdictions to 2-year terms each, beginning July 1,
1223	1999. Thereafter, each member shall be appointed for a 4-year
1224	term;
1225	2.  Five electors, at least one of whom must be a member of
1226	a minority group as defined in s. 288.703(3), one of each who
1227	resides in each of the territorial jurisdictions of the district
1228	courts of appeal, appointed by the Governor. On July 1, 1999,
1229	the term of office of each person appointed by the Governor to
1230	the commission expires. The Governor shall appoint members who
1231	reside in the odd-numbered district court of appeal
1232	jurisdictions to 2-year terms each, beginning July 1, 1999, and
1233	members who reside in the even-numbered district court of appeal
1234	jurisdictions to 4-year terms each, beginning July 1, 1999.
1235	Thereafter, each member shall be appointed for a 4-year term;
1236	and
1237	3.  Five electors, at least one of whom must be a member of
1238	a minority group as defined in s. 288.703(3), one of each who
1239	resides in the territorial jurisdictions of the district courts
1240	of appeal, selected and appointed by a majority vote of the
1241	other 10 members of the commission. On October 1, 1999, the term
1242	of office of each person appointed to the commission by its
1243	other members expires. A majority of the other members of the
1244	commission shall appoint members who reside in the odd-numbered
1245	district court of appeal jurisdictions to 2-year terms each,
1246	beginning October 1, 1999, and members who reside in the even-
1247	numbered district court of appeal jurisdictions to 4-year terms
1248	each, beginning October 1, 1999. Thereafter, each member shall
1249	be appointed for a 4-year term.
1250
1251	A vacancy occurring on the commission shall be filled by the
1252	original appointing authority for the unexpired balance of the
1253	term. No attorney who appears before any judge of compensation
1254	claims more than four times a year is eligible to serve on the
1255	statewide nominating commission. The meetings and determinations
1256	of the nominating commission as to the judges of compensation
1257	claims shall be open to the public.
1258	Section 20.  Subsection (1), paragraph (a) of subsection
1259	(3), and subsection (6) of section 473.3065, Florida Statutes,
1260	are amended to read:
1261	473.3065  Certified Public Accountant Education Minority
1262	Assistance Program; advisory council.-
1263	(1)  The Certified Public Accountant Education Minority
1264	Assistance Program for Florida residents is hereby established
1265	in the division for the purpose of providing scholarships to
1266	minority persons, as defined in s. 288.703(3), who are students
1267	enrolled in their fifth year of an accounting education program
1268	at an institution in this state approved by the board by rule. A
1269	Certified Public Accountant Education Minority Assistance
1270	Advisory Council shall assist the board in administering the
1271	program.
1272	(3)  The board shall adopt rules as necessary for
1273	administration of the program, including rules relating to the
1274	following:
1275	(a)  Eligibility criteria for receipt of a scholarship,
1276	which, at a minimum, shall include the following factors:
1277	1.  Financial need.
1278	2.  Ethnic, gender, or racial minority status pursuant to
1279	s. 288.703(3).
1280	3.  Scholastic ability and performance.
1281	(6)  There is hereby created the Certified Public
1282	Accountant Education Minority Assistance Advisory Council to
1283	assist the board in administering the program. The council shall
1284	be diverse and representative of the gender, ethnic, and racial
1285	categories set forth in s. 288.703(3).
1286	(a)  The council shall consist of five licensed Florida-
1287	certified public accountants selected by the board, of whom one
1288	shall be a board member who serves as chair of the council, one
1289	shall be a representative of the National Association of Black
1290	Accountants, one shall be a representative of the Cuban American
1291	CPA Association, and two shall be selected at large. At least
1292	one member of the council must be a woman.
1293	(b)  The board shall determine the terms for initial
1294	appointments and appointments thereafter.
1295	(c)  Any vacancy on the council shall be filled in the
1296	manner provided for the selection of the initial member. Any
1297	member appointed to fill a vacancy of an unexpired term shall be
1298	appointed for the remainder of that term.
1299	(d)  Three consecutive absences or absences constituting 50
1300	percent or more of the council's meetings within any 12-month
1301	period shall cause the council membership of the member in
1302	question to become void, and the position shall be considered
1303	vacant.
1304	(e)  The members of the council shall serve without
1305	compensation, and any necessary and actual expenses incurred by
1306	a member while engaged in the business of the council shall be
1307	borne by such member or by the organization or agency such
1308	member represents. However, the council member who is a member
1309	of the board shall be compensated in accordance with the
1310	provisions of ss. 455.207(4) and 112.061.
1311	Section 21.  Subsections (1) and (3) of section 624.4072,
1312	Florida Statutes, are amended to read:
1313	624.4072  Minority-owned property and casualty insurers;
1314	limited exemption for taxation and assessments.-
1315	(1)  A minority business that is at least 51 percent owned
1316	by minority persons, as defined in s. 288.703(3), initially
1317	issued a certificate of authority in this state as an authorized
1318	insurer after May 1, 1998, and before January 1, 2002, to write
1319	property and casualty insurance shall be exempt, for a period
1320	not to exceed 10 years from the date of receiving its
1321	certificate of authority, from the following taxes and
1322	assessments:
1323	(a)  Taxes imposed under ss. 175.101, 185.08, and 624.509;
1324	(b)  Assessments by the Citizens Property Insurance
1325	Corporation, except for emergency assessments collected from
1326	policyholders pursuant to s. 627.351(6)(b)3.d. Any such insurer
1327	shall be a member insurer of the Citizens Property Insurance
1328	Corporation. The premiums of such insurer shall be included in
1329	determining, for the Citizens Property Insurance Corporation,
1330	the aggregate statewide direct written premium for the subject
1331	lines of business for all member insurers.
1332	(3)  The provision of the definition of "minority person"
1333	in s. 288.703(3) that requires residency in Florida shall not
1334	apply to the term "minority person" as used in this section or
1335	s. 627.3511.
1336	Section 22.  Subsection (7) of section 627.3511, Florida
1337	Statutes, is amended to read:
1338	627.3511  Depopulation of Citizens Property Insurance
1339	Corporation.-
1340	(7)  A minority business, which is at least 51 percent
1341	owned by minority persons as described in s. 288.703(3),
1342	desiring to operate or become licensed as a property and
1343	casualty insurer may exempt up to $50 of the escrow requirements
1344	of the take-out bonus, as described in this section. Such
1345	minority business, which has applied for a certificate of
1346	authority to engage in business as a property and casualty
1347	insurer, may simultaneously file the business' proposed take-out
1348	plan, as described in this section, with the corporation.
1349	Section 23.  Subsection (1) of section 641.217, Florida
1350	Statutes, is amended to read:
1351	641.217  Minority recruitment and retention plans
1352	required.-
1353	(1)  Any entity contracting with the Agency for Health Care
1354	Administration to provide health care services to Medicaid
1355	recipients or state employees on a prepaid or fixed-sum basis
1356	must submit to the Agency for Health Care Administration the
1357	entity's plan for recruitment and retention of health care
1358	practitioners who are minorities as defined in s. 288.703(3).
1359	The plan must demonstrate an ability to recruit and retain
1360	minorities which shall include, but is not limited to, the
1361	following efforts:
1362	(a)  Establishing and maintaining contacts with various
1363	organizations representing the interests and concerns of
1364	minority constituencies to seek advice and assistance.
1365	(b)  Identifying and recruiting at colleges and
1366	universities which primarily serve minority students.
1367	(c)  Reviewing and analyzing the organization's workforce
1368	as to minority representation.
1369	(d)  Other factors identified by the Agency for Health Care
1370	Administration by rule.
1371	Section 24.  Paragraph (a) of subsection (4) of section
1372	1004.435, Florida Statutes, is amended to read:
1373	1004.435  Cancer control and research.-
1374	(4)  FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
1375	CREATION; COMPOSITION.-
1376	(a)  There is created within the H. Lee Moffitt Cancer
1377	Center and Research Institute, Inc., the Florida Cancer Control
1378	and Research Advisory Council. The council shall consist of 34
1379	members, which includes the chairperson, all of whom must be
1380	residents of this state. All members, except those appointed by
1381	the Speaker of the House of Representatives and the President of
1382	the Senate, must be appointed by the Governor. At least one of
1383	the members appointed by the Governor must be 60 years of age or
1384	older. One member must be a representative of the American
1385	Cancer Society; one member must be a representative of the
1386	Florida Tumor Registrars Association; one member must be a
1387	representative of the Sylvester Comprehensive Cancer Center of
1388	the University of Miami; one member must be a representative of
1389	the Department of Health; one member must be a representative of
1390	the University of Florida Shands Cancer Center; one member must
1391	be a representative of the Agency for Health Care
1392	Administration; one member must be a representative of the
1393	Florida Nurses Association; one member must be a representative
1394	of the Florida Osteopathic Medical Association; one member must
1395	be a representative of the American College of Surgeons; one
1396	member must be a representative of the School of Medicine of the
1397	University of Miami; one member must be a representative of the
1398	College of Medicine of the University of Florida; one member
1399	must be a representative of NOVA Southeastern College of
1400	Osteopathic Medicine; one member must be a representative of the
1401	College of Medicine of the University of South Florida; one
1402	member must be a representative of the College of Public Health
1403	of the University of South Florida; one member must be a
1404	representative of the Florida Society of Clinical Oncology; one
1405	member must be a representative of the Florida Obstetric and
1406	Gynecologic Society who has had training in the specialty of
1407	gynecologic oncology; one member must be a representative of the
1408	Florida Medical Association; one member must be a member of the
1409	Florida Pediatric Society; one member must be a representative
1410	of the Florida Radiological Society; one member must be a
1411	representative of the Florida Society of Pathologists; one
1412	member must be a representative of the H. Lee Moffitt Cancer
1413	Center and Research Institute, Inc.; three members must be
1414	representatives of the general public acting as consumer
1415	advocates; one member must be a member of the House of
1416	Representatives appointed by the Speaker of the House of
1417	Representatives; one member must be a member of the Senate
1418	appointed by the President of the Senate; one member must be a
1419	representative of the Florida Dental Association; one member
1420	must be a representative of the Florida Hospital Association;
1421	one member must be a representative of the Association of
1422	Community Cancer Centers; one member shall be a representative
1423	from a statutory teaching hospital affiliated with a community-
1424	based cancer center; one member must be a representative of the
1425	Florida Association of Pediatric Tumor Programs, Inc.; one
1426	member must be a representative of the Cancer Information
1427	Service; one member must be a representative of the Florida
1428	Agricultural and Mechanical University Institute of Public
1429	Health; and one member must be a representative of the Florida
1430	Society of Oncology Social Workers. Of the members of the
1431	council appointed by the Governor, at least 10 must be
1432	individuals who are minority persons as defined in by s.
1433	288.703(3).
1434	Section 25.  For the purpose of incorporating the amendment
1435	made by this act to section 288.703, Florida Statutes, in a
1436	reference thereto, paragraph (d) of subsection (2) of section
1437	120.541, Florida Statutes, is reenacted to read:
1438	120.541  Statement of estimated regulatory costs.-
1439	(2)  A statement of estimated regulatory costs shall
1440	include:
1441	(d)  An analysis of the impact on small businesses as
1442	defined by s. 288.703, and an analysis of the impact on small
1443	counties and small cities as defined by s. 120.52.
1444	Section 26.  For the purpose of incorporating the amendment
1445	made by this act to section 288.703, Florida Statutes, in a
1446	reference thereto, paragraph (d) of subsection (2) of section
1447	288.7001, Florida Statutes, is reenacted to read:
1448	288.7001  Small Business Regulatory Advisory Council.-
1449	(2)  DEFINITIONS.-As used in this section, the term:
1450	(d)  "Small business" means a small business as defined in
1451	s. 288.703.
1452	Section 27.  For the purpose of incorporating the amendment
1453	made by this act to section 288.703, Florida Statutes, in a
1454	reference thereto, section 288.7031, Florida Statutes, is
1455	reenacted to read:
1456	288.7031  Application of certain definitions.-The
1457	definitions of "small business," "minority business enterprise,"
1458	and "certified minority business enterprise" provided in s.
1459	288.703 apply to the state and all political subdivisions of the
1460	state.
1461	Section 28.  For the purpose of incorporating the amendment
1462	made by this act to section 288.703, Florida Statutes, in a
1463	reference thereto, subsection (7) of section 290.004, Florida
1464	Statutes, is reenacted to read:
1465	290.004  Definitions relating to Florida Enterprise Zone
1466	Act.-As used in ss. 290.001-290.016:
1467	(7)  "Small business" has the same meaning as in s.
1468	288.703.
1469	Section 29.  This act shall take effect July 1, 2010.

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