Florida Senate - 2011 SB 1574
By Senator Latvala
16-00859A-11 20111574__
1 A bill to be entitled
2 An act relating to business enterprise opportunities
3 for wartime veterans; amending s. 295.187, F.S.;
4 revising legislative intent; renaming and revising the
5 Florida Service-Disabled Veteran Business Enterprise
6 Opportunity Act to expand the vendor preference in
7 state contracting to include certain businesses owned
8 and operated by wartime veterans; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 295.187, Florida Statutes, is amended to
14 read:
15 295.187 Florida Service-Disabled Veteran Business
16 Enterprise Opportunity Act.—
17 (1) SHORT TITLE.—This section may be cited as the “Florida
18 Service-Disabled Veteran Business Enterprise Opportunity Act.”
19 (2) INTENT.—It is the intent of the Legislature to rectify
20 the economic disadvantage of service-disabled veterans, who are
21 statistically the least likely to be self-employed when compared
22 to the veteran population as a whole and who have made
23 extraordinary sacrifices on behalf of the nation, the state, and
24 the public, by providing opportunities for service-disabled
25 veteran business enterprises as set forth in this section. The
26 Legislature also intends to recognize wartime veterans for their
27 sacrifices as set forth in this section.
28 (3) DEFINITIONS.—For the purpose of this section, the 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 an
39 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-disabled
80 veteran business enterprise must, at a minimum, include:
81 1. The name of the business enterprise applying for
82 certification and the name of the service-disabled veteran
83 submitting the application on behalf of the business enterprise.
84 2. The names of all owners of the business enterprise,
85 including owners who are wartime veterans, service-disabled
86 veterans, and owners who are not a wartime veteran or a service
87 disabled veteran veterans, and the percentage of ownership
88 interest held by each owner.
89 3. The names of all persons involved in both the management
90 and daily operations of the business, including the spouse or
91 permanent caregiver of a veteran who has with a permanent and
92 total disability.
93 4. The service-connected disability rating of all persons
94 listed under subparagraphs 1., 2., and 3., as applicable, with
95 supporting documentation from the United States Department of
96 Veterans Affairs or the United States Department of Defense.
97 5. Documentation of the wartime service of all persons
98 listed under subparagraphs 1., 2., and 3., as applicable, from
99 the United States Department of Veterans Affairs or the United
100 States Department of Defense.
101 6.5. The number of permanent full-time employees.
102 7.6. The location of the business headquarters.
103 8.7. The total net worth of the business enterprise and its
104 affiliates. In the case of a sole proprietorship, the net worth
105 includes personal and business investments.
106 (b) To maintain certification, a service-disabled veteran
107 business enterprise shall renew its certification biennially.
108 (c) The provisions of Chapter 120, relating to application,
109 denial, and revocation procedures, applies shall apply to
110 certifications under this section.
111 (d) A certified service-disabled veteran business
112 enterprise must notify the Department of Management Services
113 within 30 business days after any event that may significantly
114 affect the certification of the business, including, but not
115 limited to, a change in ownership or change in management and
116 daily business operations.
117 (e) The certification of a service-disabled veteran
118 business enterprise shall be revoked for 12 months if the
119 Department of Management Services determines that the business
120 enterprise violated paragraph (d). An owner of a certified
121 service-disabled veteran business enterprise whose certification
122 is revoked may is not permitted to reapply for certification
123 under this section as an owner of any business enterprise during
124 the 12-month revocation period.
125 1. During the 12-month revocation period, a service
126 disabled veteran business enterprise whose certification has
127 been revoked may bid on state contracts but is not eligible for
128 any preference available under this section.
129 2. A service-disabled veteran business enterprise whose
130 certification has been revoked may apply for certification at
131 the conclusion of the 12-month revocation period by complying
132 with requirements applicable to initial certifications.
133 (6) DUTIES OF THE DEPARTMENT OF VETERANS’ AFFAIRS.—The
134 department shall:
135 (a) Assist the Department of Management Services in
136 establishing a certification procedure, which shall be reviewed
137 biennially and updated as necessary.
138 (b) Identify eligible service-disabled veteran business
139 enterprises by any electronic means, including electronic mail
140 or Internet website, or by any other reasonable means.
141 (c) Encourage and assist eligible service-disabled veteran
142 business enterprises to apply for certification under this
143 section.
144 (d) Provide information regarding services that are
145 available from the Office of Veterans’ Business Outreach of the
146 Florida Small Business Development Center to service-disabled
147 veteran business enterprises.
148 (7) DUTIES OF THE DEPARTMENT OF MANAGEMENT SERVICES.—The
149 department shall:
150 (a) With assistance from the Department of Veterans’
151 Affairs, establish a certification procedure, which shall be
152 reviewed biennially and updated as necessary.
153 (b) Grant, deny, or revoke the certification of a service
154 disabled veteran business enterprise under this section.
155 (c) Maintain an electronic directory of certified service
156 disabled veteran business enterprises for use by the state,
157 political subdivisions of the state, and the public.
158 (8) REPORT.—The Small Business Development Center shall
159 include in its report required by s. 288.705 the percentage of
160 certified service-disabled veteran business enterprises using
161 the statewide contracts register.
162 (9) RULES.—The Department of Veterans’ Affairs and the
163 Department of Management Services, as appropriate, may adopt
164 rules as necessary to administer this section.
165 Section 2. This act shall take effect July 1, 2011.