HB 1161

1	A bill to be entitled
2	An act relating to business enterprise opportunities for
3	wartime veterans; amending s. 295.187, F.S.; revising
4	legislative intent; renaming and revising the Florida
5	Service-Disabled Veteran Business Enterprise Opportunity
6	Act to expand the vendor preference in state contracting
7	to include certain businesses owned and operated by
8	wartime veterans; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 295.187, Florida Statutes, is amended
13	to read:
14	295.187  Florida Service-Disabled Veteran Business
15	Enterprise Opportunity Act.-
16	(1)  SHORT TITLE.-This section may be cited as the "Florida
17	Service-Disabled Veteran Business Enterprise Opportunity Act."
18	(2)  INTENT.-It is the intent of the Legislature to rectify
19	the economic disadvantage of service-disabled veterans, who are
20	statistically the least likely to be self-employed when compared
21	to the veteran population as a whole and who have made
22	extraordinary sacrifices on behalf of the nation, the state, and
23	the public, by providing opportunities for service-disabled
24	veteran business enterprises as set forth in this section. The
25	Legislature also intends to recognize wartime veterans for their
26	sacrifices as set forth in this section.
27	(3)  DEFINITIONS.-For the purpose of this section, the
28	term:
29	(a)  "Certified service-disabled veteran business
30	enterprise" means a business that has been certified by the
31	Department of Management Services to be a service-disabled
32	veteran business enterprise as defined in paragraph (c).
33	(b)  "Service-disabled veteran" means a veteran who is a
34	permanent Florida resident with a service-connected disability
35	as determined by the United States Department of Veterans
36	Affairs or who has been terminated from military service by
37	reason of disability by the United States Department of Defense.
38	(c)  "Service-disabled Veteran business enterprise" means
39	an independently owned and operated business that:
40	1.  Employs 200 or fewer permanent full-time employees;
41	2.  Together with its affiliates has a net worth of $5
42	million or less or, if a sole proprietorship, has a net worth of
43	$5 million or less including both personal and business
44	investments;
45	3.  Is organized to engage in commercial transactions;
46	4.  Is domiciled in this state;
47	5.  Is at least 51 percent owned by one or more wartime
48	veterans or service-disabled veterans; and
49	6.  The management and daily business operations of which
50	are controlled by one or more wartime veterans or service-
51	disabled veterans or, for a service-disabled veteran having with
52	a permanent and total disability, by the spouse or permanent
53	caregiver of the veteran.
54	(d)  "Wartime veteran" means a person who served in the
55	United States military in a combat zone and was honorably
56	discharged.
57	(4)  VENDOR PREFERENCE.-
58	(a)  A state agency, when considering two or more bids,
59	proposals, or replies for the procurement of commodities or
60	contractual services, at least one of which is from a certified
61	service-disabled veteran business enterprise, which that are
62	equal with respect to all relevant considerations, including
63	price, quality, and service, shall award such procurement or
64	contract to the certified service-disabled veteran business
65	enterprise.
66	(b)  Notwithstanding s. 287.057(11), if a service-disabled
67	veteran business enterprise entitled to the vendor preference
68	under this section and one or more businesses entitled to this
69	preference or another vendor preference provided by law submit
70	bids, proposals, or replies for procurement of commodities or
71	contractual services which that are equal with respect to all
72	relevant considerations, including price, quality, and service,
73	then the state agency shall award the procurement or contract to
74	the business having the smallest net worth.
75	(c)  Political subdivisions of the state are encouraged to
76	offer a similar consideration to businesses certified under this
77	section.
78	(5)  CERTIFICATION PROCEDURE.-
79	(a)  The application for certification as a service-
80	disabled veteran business enterprise must, at a minimum,
81	include:
82	1.  The name of the business enterprise applying for
83	certification and the name of the service-disabled veteran
84	submitting the application on behalf of the business enterprise.
85	2.  The names of all owners of the business enterprise,
86	including owners who are wartime veterans, service-disabled
87	veterans, and owners who are not a wartime veteran or a service-
88	disabled veteran veterans, and the percentage of ownership
89	interest held by each owner.
90	3.  The names of all persons involved in both the
91	management and daily operations of the business, including the
92	spouse or permanent caregiver of a veteran who has with a
93	permanent and total disability.
94	4.  The service-connected disability rating of all persons
95	listed under subparagraphs 1., 2., and 3., as applicable, with
96	supporting documentation from the United States Department of
97	Veterans Affairs or the United States Department of Defense.
98	5.  Documentation of the wartime service of all persons
99	listed under subparagraphs 1., 2., and 3., as applicable, from
100	the United States Department of Veterans Affairs or the United
101	States Department of Defense.
102	6.5.  The number of permanent full-time employees.
103	7.6.  The location of the business headquarters.
104	8.7.  The total net worth of the business enterprise and
105	its affiliates. In the case of a sole proprietorship, the net
106	worth includes personal and business investments.
107	(b)  To maintain certification, a service-disabled veteran
108	business enterprise shall renew its certification biennially.
109	(c)  The provisions of Chapter 120, relating to
110	application, denial, and revocation procedures, applies shall
111	apply to certifications under this section.
112	(d)  A certified service-disabled veteran business
113	enterprise must notify the Department of Management Services
114	within 30 business days after any event that may significantly
115	affect the certification of the business, including, but not
116	limited to, a change in ownership or change in management and
117	daily business operations.
118	(e)  The certification of a service-disabled veteran
119	business enterprise shall be revoked for 12 months if the
120	Department of Management Services determines that the business
121	enterprise violated paragraph (d). An owner of a certified
122	service-disabled veteran business enterprise whose certification
123	is revoked may is not permitted to reapply for certification
124	under this section as an owner of any business enterprise during
125	the 12-month revocation period.
126	1.  During the 12-month revocation period, a service-
127	disabled veteran business enterprise whose certification has
128	been revoked may bid on state contracts but is not eligible for
129	any preference available under this section.
130	2.  A service-disabled veteran business enterprise whose
131	certification has been revoked may apply for certification at
132	the conclusion of the 12-month revocation period by complying
133	with requirements applicable to initial certifications.
134	(6)  DUTIES OF THE DEPARTMENT OF VETERANS' AFFAIRS.-The
135	department shall:
136	(a)  Assist the Department of Management Services in
137	establishing a certification procedure, which shall be reviewed
138	biennially and updated as necessary.
139	(b)  Identify eligible service-disabled veteran business
140	enterprises by any electronic means, including electronic mail
141	or Internet website, or by any other reasonable means.
142	(c)  Encourage and assist eligible service-disabled veteran
143	business enterprises to apply for certification under this
144	section.
145	(d)  Provide information regarding services that are
146	available from the Office of Veterans' Business Outreach of the
147	Florida Small Business Development Center to service-disabled
148	veteran business enterprises.
149	(7)  DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.-The
150	department shall:
151	(a)  With assistance from the Department of Veterans'
152	Affairs, establish a certification procedure, which shall be
153	reviewed biennially and updated as necessary.
154	(b)  Grant, deny, or revoke the certification of a service-
155	disabled veteran business enterprise under this section.
156	(c)  Maintain an electronic directory of certified service-
157	disabled veteran business enterprises for use by the state,
158	political subdivisions of the state, and the public.
159	(8)  REPORT.-The Small Business Development Center shall
160	include in its report required by s. 288.705 the percentage of
161	certified service-disabled veteran business enterprises using
162	the statewide contracts register.
163	(9)  RULES.-The Department of Veterans' Affairs and the
164	Department of Management Services, as appropriate, may adopt
165	rules as necessary to administer this section.
166	Section 2.  This act shall take effect July 1, 2011.

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