HB 7229

1	A bill to be entitled
2	An act relating to procurement; amending s. 287.056, F.S.;
3	deleting duplicative language relating to the option of an
4	agency to purchase commodities or contractual services
5	from a state contract; amending s. 287.057, F.S.;
6	clarifying provisions relating to competitive solicitation
7	processes; specifying conditions for preference in award
8	of a contract under an invitation to bid; requiring the
9	inclusion of certain information in an invitation to
10	negotiate; revising requirements with respect to agency
11	avoidance, neutralization, or mitigation of potential
12	organizational conflicts of interest prior to award of a
13	contract; amending s. 287.058, F.S.; reorganizing
14	provisions; removing duplicative language; amending s.
15	287.09431, F.S.; updating obsolete references within the
16	statewide and interlocal agreement on certification of
17	business concerns for the status of minority business
18	enterprise; amending s. 287.09451, F.S.; updating obsolete
19	references within provisions relating to the Office of
20	Supplier Diversity within the Department of Management
21	Services; amending s. 287.0947, F.S.; removing obsolete
22	language and references within provisions relating to the
23	Florida Advisory Council on Small and Minority Business
24	Development; correcting a cross-reference; amending s.
25	61.1826, F.S.; conforming a cross-reference; amending s.
26	403.7061, F.S., relating to requirements for review of new
27	waste-to-energy facility capacity by the Department of
28	Environmental Protection; revising criteria with respect
29	to construction of a new waste-to-energy facility or the
30	expansion of an existing waste-to-energy facility to
31	conform to the repeal of s. 403.7065, F.S.; repealing s.
32	287.115, F.S., relating to an annual report of the Chief
33	Financial Officer on disallowed contractual service
34	contracts; repealing s. 403.7065, F.S., relating to
35	procurement of products or materials with recycled
36	content; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 287.056, Florida Statutes, is amended
41	to read:
42	287.056  Purchases from purchasing agreements and state
43	term contracts.-
44	(1)  Agencies shall, and eligible users may, purchase
45	commodities and contractual services from purchasing agreements
46	established and state term contracts procured, pursuant to s.
47	287.057, by the department. Each agency agreement made under
48	this subsection shall include:
49	(a)  A provision specifying a scope of work that clearly
50	establishes all tasks that the contractor is required to
51	perform.
52	(b)  A provision dividing the contract into quantifiable,
53	measurable, and verifiable units of deliverables that must be
54	received and accepted in writing by the contract manager before
55	payment. Each deliverable must be directly related to the scope
56	of work and specify the required minimum level of service to be
57	performed and the criteria for evaluating the successful
58	completion of each deliverable.
59	(2)  Agencies may have the option to purchase commodities
60	or contractual services from state term contracts procured,
61	pursuant to s. 287.057, by the department.
62	(2)(3)  Agencies and eligible users may use a request for
63	quote to obtain written pricing or services information from a
64	state term contract vendor for commodities or contractual
65	services available on state term contract from that vendor. The
66	purpose of a request for quote is to determine whether a price,
67	term, or condition more favorable to the agency or eligible user
68	than that provided in the state term contract is available. Use
69	of a request for quote does not constitute a decision or
70	intended decision that is subject to protest under s. 120.57(3).
71	Section 2.  Subsections (1) and (17) of section 287.057,
72	Florida Statutes, are amended to read:
73	287.057  Procurement of commodities or contractual
74	services.-
75	(1)  The competitive solicitation processes authorized in
76	this section shall be used for procurement of commodities or
77	contractual services in excess of the threshold amount provided
78	for CATEGORY TWO in s. 287.017. Any competitive solicitation
79	shall be made available simultaneously to all vendors, must
80	include the time and date for the receipt of bids, proposals, or
81	replies and of the public opening, and must include all
82	contractual terms and conditions applicable to the procurement,
83	including the criteria to be used in determining acceptability
84	and relative merit of the bid or, proposal, and the criteria to
85	be used in determining the responsiveness of the or reply.
86	(a)  Invitation to bid.-The invitation to bid shall be used
87	when the agency is capable of specifically defining the scope of
88	work for which a contractual service is required or when the
89	agency is capable of establishing precise specifications
90	defining the actual commodity or group of commodities required.
91	1.  All invitations to bid must include:
92	a.  A detailed description of the commodities or
93	contractual services sought; and
94	b.  If the agency contemplates renewal of the contract, a
95	statement to that effect.
96	2.  Bids submitted in response to an invitation to bid in
97	which the agency contemplates renewal of the contract must
98	include the price for each year for which the contract may be
99	renewed.
100	3.  Evaluation of bids shall include consideration of the
101	total cost for each year of the contract, including renewal
102	years, as submitted by the vendor, with preference in award
103	being given to the lowest responsive bid determined to meet the
104	requirements and criteria set forth in the invitation to bid.
105	(b)  Request for proposals.-An agency shall use a request
106	for proposals when the purposes and uses for which the
107	commodity, group of commodities, or contractual service being
108	sought can be specifically defined and the agency is capable of
109	identifying necessary deliverables. Various combinations or
110	versions of commodities or contractual services may be proposed
111	by a responsive vendor to meet the specifications of the
112	solicitation document.
113	1.  Before issuing a request for proposals, the agency must
114	determine and specify in writing the reasons that procurement by
115	invitation to bid is not practicable.
116	2.  All requests for proposals must include:
117	a.  A statement describing the commodities or contractual
118	services sought;
119	b.  The relative importance of price and other evaluation
120	criteria; and
121	c.  If the agency contemplates renewal of the contract, a
122	statement to that effect.
123	3.  Criteria that will be used for evaluation of proposals
124	shall include, but are not limited to:
125	a.  Price, which must be specified in the proposal;
126	b.  If the agency contemplates renewal of the contract, the
127	price for each year for which the contract may be renewed; and
128	c.  Consideration of the total cost for each year of the
129	contract, including renewal years, as submitted by the vendor.
130	4.  The contract shall be awarded by written notice to the
131	responsible and responsive vendor whose proposal is determined
132	in writing to be the most advantageous to the state, taking into
133	consideration the price and other criteria set forth in the
134	request for proposals. The contract file shall contain
135	documentation supporting the basis on which the award is made.
136	(c)  Invitation to negotiate.-The invitation to negotiate
137	is a solicitation used by an agency which is intended to
138	determine the best method for achieving a specific goal or
139	solving a particular problem and identifies one or more
140	responsive vendors with which the agency may negotiate in order
141	to receive the best value.
142	1.  Before issuing an invitation to negotiate, the head of
143	an agency must determine and specify in writing the reasons that
144	procurement by an invitation to bid or a request for proposal is
145	not practicable.
146	2.  The invitation to negotiate must describe the questions
147	being explored, the facts being sought, and the specific goals
148	or problems that are the subject of the solicitation.
149	3.  The criteria that will be used for determining the
150	responsiveness acceptability of the reply and guiding the
151	selection of the vendors with which the agency will negotiate
152	must be specified. If the agency contemplates renewal of the
153	contract, that fact must be stated in the invitation to
154	negotiate as well as a requirement that the reply must include
155	the price for each year for which the contract may be renewed.
156	4.  The agency shall evaluate replies against all
157	evaluation criteria set forth in the invitation to negotiate in
158	order to establish a competitive range of replies reasonably
159	susceptible of award. The agency may select one or more vendors
160	within the competitive range with which to commence
161	negotiations. After negotiations are conducted, the agency shall
162	award the contract to the responsible and responsive vendor that
163	the agency determines will provide the best value to the state,
164	based on the selection criteria.
165	5.  The contract file for a vendor selected through an
166	invitation to negotiate must contain a short plain statement
167	that explains the basis for the selection of the vendor and that
168	sets forth the vendor's deliverables and price, pursuant to the
169	contract, along with an explanation of how these deliverables
170	and price provide the best value to the state.
171	(17)(a)1.  Each agency must avoid, neutralize, or mitigate
172	significant potential organizational conflicts of interest
173	before a contract is awarded. If an agency identifies such
174	conflict, the agency may request the vendor to propose a
175	mitigation plan with its response to a competitive solicitation.
176	If the agency elects to mitigate the significant potential
177	organizational conflict or conflicts of interest, a an adequate
178	mitigation plan shall be developed. The plan shall include,
179	including organizational, physical, and electronic barriers,
180	shall be developed.
181	2.  If a conflict cannot be avoided or mitigated, an agency
182	may proceed with the contract award if the agency head certifies
183	that the award is in the best interests of the state. The agency
184	head must specify in writing the basis for the certification.
185	(b)1.  An agency head may not proceed with a contract award
186	under subparagraph (a)2. if a conflict of interest is based upon
187	the vendor gaining an unfair competitive advantage.
188	2.  An unfair competitive advantage exists when the vendor
189	competing for the award of a contract obtained access to
190	information that is not available to the public or source
191	selection information that is relevant to the contract but is
192	not available to all competitors and such information would
193	assist the vendor in obtaining the contract:
194	a.  Access to information that is not available to the
195	public and would assist the vendor in obtaining the contract; or
196	b.  Source selection information that is relevant to the
197	contract but is not available to all competitors and that would
198	assist the vendor in obtaining the contract.
199	(c)  Unless a mitigation plan is developed as provided in
200	paragraph (a), a person who receives a contract that has not
201	been procured pursuant to subsections (1)-(3) to perform a
202	feasibility study of the potential implementation of a
203	subsequent contract or a person who develops a program for
204	future implementation is not eligible to contract with the
205	agency for any other contracts pertaining to that specific
206	subject matter, and any firm in which such person has any
207	interest is not eligible to receive such contract.,
208	(d)  A person who participates in the drafting of a
209	solicitation or who develops a program for future
210	implementation, is not eligible to contract with the agency for
211	any other contracts dealing with that specific subject matter,
212	and any firm in which such person has any interest is not
213	eligible to receive such contract.
214	(e)  The prohibitions provided in this subsection do
215	However, this prohibition does not prevent a vendor who responds
216	to a request for information from being eligible to contract
217	with an agency.
218	Section 3.  Subsection (1) of section 287.058, Florida
219	Statutes, is amended to read:
220	287.058  Contract document.-
221	(1)(a)  Every procurement of contractual services in excess
222	of the threshold amount provided in s. 287.017 for CATEGORY TWO,
223	except for the providing of health and mental health services or
224	drugs in the examination, diagnosis, or treatment of sick or
225	injured state employees or the providing of other benefits as
226	required by the provisions of chapter 440, shall be evidenced by
227	a written agreement embodying all provisions and conditions of
228	the procurement of such services, which shall, where applicable,
229	include, but not be limited to, a provision:
230	1.(a)  That bills for fees or other compensation for
231	services or expenses be submitted in detail sufficient for a
232	proper preaudit and postaudit thereof.
233	2.(b)  That bills for any travel expenses be submitted in
234	accordance with s. 112.061. A state agency may establish rates
235	lower than the maximum provided in s. 112.061.
236	3.(c)  Allowing unilateral cancellation by the agency for
237	refusal by the contractor to allow public access to all
238	documents, papers, letters, or other material made or received
239	by the contractor in conjunction with the contract, unless the
240	records are exempt from s. 24(a) of Art. I of the State
241	Constitution and s. 119.07(1).
242	4.(d)  Specifying a scope of work that clearly establishes
243	all tasks the contractor is required to perform.
244	5.(e)  Dividing the contract into quantifiable, measurable,
245	and verifiable units of deliverables that must be received and
246	accepted in writing by the contract manager before payment. Each
247	deliverable must be directly related to the scope of work and
248	specify the required minimum level of service to be performed
249	and criteria for evaluating the successful completion of each
250	deliverable.
251	6.(f)  Specifying the criteria and the final date by which
252	such criteria must be met for completion of the contract.
253	7.(g)  Specifying that the contract may be renewed for a
254	period that may not exceed 3 years or the term of the original
255	contract, whichever period is longer, specifying the renewal
256	price for the contractual service as set forth in the bid,
257	proposal, or reply, specifying that costs for the renewal may
258	not be charged, and specifying that renewals shall be contingent
259	upon satisfactory performance evaluations by the agency and
260	subject to the availability of funds. Exceptional purchase
261	contracts pursuant to s. 287.057(3)(a) and (c) may not be
262	renewed.
263	8.(h)  Specifying the financial consequences that the
264	agency must apply if the contractor fails to perform in
265	accordance with the contract.
266	9.(i)  Addressing the property rights of any intellectual
267	property related to the contract and the specific rights of the
268	state regarding the intellectual property if the contractor
269	fails to provide the services or is no longer providing
270	services.
271	(b)  In lieu of a written agreement, the department may
272	authorize the use of a purchase order for classes of contractual
273	services, if the provisions of subparagraphs (a)1.-9. paragraphs
274	(a)-(i) are included in the purchase order or solicitation. The
275	purchase order must include, but need not be limited to, an
276	adequate description of the services, the contract period, and
277	the method of payment. In lieu of printing the provisions of
278	paragraphs (a)-(i) in the contract document or purchase order,
279	agencies may incorporate the requirements of paragraphs (a)-(i)
280	by reference.
281	Section 4.  Section 287.09431, Florida Statutes, is amended
282	to read:
283	287.09431  Statewide and interlocal agreement on
284	certification of business concerns for the status of minority
285	business enterprise.-The statewide and interlocal agreement on
286	certification of business concerns for the status of minority
287	business enterprise is hereby enacted and entered into with all
288	jurisdictions or organizations legally joining therein. If,
289	within 2 years from the date that the certification core
290	criteria are approved by the Department of Management Services
291	Department of Labor and Employment Security, the agreement
292	included herein is not executed by a majority of county and
293	municipal governing bodies that administer a minority business
294	assistance program on the effective date of this act, then the
295	Legislature shall review this agreement. It is the intent of the
296	Legislature that if the agreement is not executed by a majority
297	of the requisite governing bodies, then a statewide uniform
298	certification process should be adopted, and that said agreement
299	should be repealed and replaced by a mandatory state government
300	certification process.
301	ARTICLE I
302	PURPOSE, FINDINGS, AND POLICY.-
303	(1)  The parties to this agreement, desiring by common
304	action to establish a uniform certification process in order to
305	reduce the multiplicity of applications by business concerns to
306	state and local governmental programs for minority business
307	assistance, declare that it is the policy of each of them, on
308	the basis of cooperation with one another, to remedy social and
309	economic disadvantage suffered by certain groups, resulting in
310	their being historically underutilized in ownership and control
311	of commercial enterprises. Thus, the parties seek to address
312	this history by increasing the participation of the identified
313	groups in opportunities afforded by government procurement.
314	(2)  The parties find that the State of Florida presently
315	certifies firms for participation in the minority business
316	assistance programs of the state. The parties find further that
317	some counties, municipalities, school boards, special districts,
318	and other divisions of local government require a separate, yet
319	similar, and in most cases redundant certification in order for
320	businesses to participate in the programs sponsored by each
321	government entity.
322	(3)  The parties find further that this redundant
323	certification has proven to be unduly burdensome to the
324	minority-owned firms intended to benefit from the underlying
325	purchasing incentives.
326	(4)  The parties agree that:
327	(a)  They will facilitate integrity, stability, and
328	cooperation in the statewide and interlocal certification
329	process, and in other elements of programs established to assist
330	minority-owned businesses.
331	(b)  They shall cooperate with agencies, organizations, and
332	associations interested in certification and other elements of
333	minority business assistance.
334	(c)  It is the purpose of this agreement to provide for a
335	uniform process whereby the status of a business concern may be
336	determined in a singular review of the business information for
337	these purposes, in order to eliminate any undue expense, delay,
338	or confusion to the minority-owned businesses in seeking to
339	participate in the minority business assistance programs of
340	state and local jurisdictions.
341	ARTICLE II
342	DEFINITIONS.-As used in this agreement and contracts made
343	pursuant to it, unless the context clearly requires otherwise:
344	(1)  "Awarding organization" means any political
345	subdivision or organization authorized by law, ordinance, or
346	agreement to enter into contracts and for which the governing
347	body has entered into this agreement.
348	(2)  "Department" means the Department of Management
349	Services Department of Labor and Employment Security.
350	(3)  "Minority" means a person who is a lawful, permanent
351	resident of the state, having origins in one of the minority
352	groups as described and adopted by the Department of Management
353	Services Department of Labor and Employment Security, hereby
354	incorporated by reference.
355	(4)  "Minority business enterprise" means any small
356	business concern as defined in subsection (6) that meets all of
357	the criteria described and adopted by the Department of
358	Management Services Department of Labor and Employment Security,
359	hereby incorporated by reference.
360	(5)  "Participating state or local organization" means any
361	political subdivision of the state or organization designated by
362	such that elects to participate in the certification process
363	pursuant to this agreement, which has been approved according to
364	s. 287.0943(3) and has legally entered into this agreement.
365	(6)  "Small business concern" means an independently owned
366	and operated business concern which is of a size and type as
367	described and adopted by vote related to this agreement of the
368	commission, hereby incorporated by reference.
369	ARTICLE III
370	STATEWIDE AND INTERLOCAL CERTIFICATIONS.-
371	(1)  All awarding organizations shall accept a
372	certification granted by any participating organization which
373	has been approved according to s. 287.0943(3) and has entered
374	into this agreement, as valid status of minority business
375	enterprise.
376	(2)  A participating organization shall certify a business
377	concern that meets the definition of minority business
378	enterprise in this agreement, in accordance with the duly
379	adopted eligibility criteria.
380	(3)  All participating organizations shall issue notice of
381	certification decisions granting or denying certification to all
382	other participating organizations within 14 days of the
383	decision. Such notice may be made through electronic media.
384	(4)  No certification will be granted without an onsite
385	visit to verify ownership and control of the prospective
386	minority business enterprise, unless verification can be
387	accomplished by other methods of adequate verification or
388	assessment of ownership and control.
389	(5)  The certification of a minority business enterprise
390	pursuant to the terms of this agreement shall not be suspended,
391	revoked, or otherwise impaired except on any grounds which would
392	be sufficient for revocation or suspension of a certification in
393	the jurisdiction of the participating organization.
394	(6)  The certification determination of a party may be
395	challenged by any other participating organization by the
396	issuance of a timely written notice by the challenging
397	organization to the certifying organization's determination
398	within 10 days of receiving notice of the certification
399	decision, stating the grounds therefor.
400	(7)  The sole accepted grounds for challenge shall be the
401	failure of the certifying organization to adhere to the adopted
402	criteria or the certifying organization's rules or procedures,
403	or the perpetuation of a misrepresentation or fraud by the firm.
404	(8)  The certifying organization shall reexamine its
405	certification determination and submit written notice to the
406	applicant and the challenging organization of its findings
407	within 30 days after the receipt of the notice of challenge.
408	(9)  If the certification determination is affirmed, the
409	challenging agency may subsequently submit timely written notice
410	to the firm of its intent to revoke certification of the firm.
411	ARTICLE IV
412	APPROVED AND ACCEPTED PROGRAMS.-Nothing in this agreement
413	shall be construed to repeal or otherwise modify any ordinance,
414	law, or regulation of a party relating to the existing minority
415	business assistance provisions and procedures by which minority
416	business enterprises participate therein.
417	ARTICLE V
418	TERM.-The term of the agreement shall be 5 years, after
419	which it may be reexecuted by the parties.
420	ARTICLE VI
421	AGREEMENT EVALUATION.-The designated state and local
422	officials may meet from time to time as a group to evaluate
423	progress under the agreement, to formulate recommendations for
424	changes, or to propose a new agreement.
425	ARTICLE VII
426	OTHER ARRANGEMENTS.-Nothing in this agreement shall be
427	construed to prevent or inhibit other arrangements or practices
428	of any party in order to comply with federal law.
429	ARTICLE VIII
430	EFFECT AND WITHDRAWAL.-
431	(1)  This agreement shall become effective when properly
432	executed by a legal representative of the participating
433	organization, when enacted into the law of the state and after
434	an ordinance or other legislation is enacted into law by the
435	governing body of each participating organization. Thereafter it
436	shall become effective as to any participating organization upon
437	the enactment of this agreement by the governing body of that
438	organization.
439	(2)  Any party may withdraw from this agreement by enacting
440	legislation repealing the same, but no such withdrawal shall
441	take effect until one year after the governing body of the
442	withdrawing party has given notice in writing of the withdrawal
443	to the other parties.
444	(3)  No withdrawal shall relieve the withdrawing party of
445	any obligations imposed upon it by law.
446	ARTICLE IX
447	FINANCIAL RESPONSIBILITY.-
448	(1)  A participating organization shall not be financially
449	responsible or liable for the obligations of any other
450	participating organization related to this agreement.
451	(2)  The provisions of this agreement shall constitute
452	neither a waiver of any governmental immunity under Florida law
453	nor a waiver of any defenses of the parties under Florida law.
454	The provisions of this agreement are solely for the benefit of
455	its executors and not intended to create or grant any rights,
456	contractual or otherwise, to any person or entity.
457	ARTICLE X
458	VENUE AND GOVERNING LAW.-The obligations of the parties to
459	this agreement are performable only within the county where the
460	participating organization is located, and statewide for the
461	Office of Supplier Diversity, and venue for any legal action in
462	connection with this agreement shall lie, for any participating
463	organization except the Office of Supplier Diversity,
464	exclusively in the county where the participating organization
465	is located. This agreement shall be governed by and construed in
466	accordance with the laws and court decisions of the state.
467	ARTICLE XI
468	CONSTRUCTION AND SEVERABILITY.-This agreement shall be
469	liberally construed so as to effectuate the purposes thereof.
470	The provisions of this agreement shall be severable and if any
471	phrase, clause, sentence, or provision of this agreement is
472	declared to be contrary to the State Constitution or the United
473	States Constitution, or the application thereof to any
474	government, agency, person, or circumstance is held invalid, the
475	validity of the remainder of this agreement and the
476	applicability thereof to any government, agency, person, or
477	circumstance shall not be affected thereby. If this agreement
478	shall be held contrary to the State Constitution, the agreement
479	shall remain in full force and effect as to all severable
480	matters.
481	Section 5.  Paragraphs (h) and (o) of subsection (4) of
482	section 287.09451, Florida Statutes, are amended to read:
483	287.09451  Office of Supplier Diversity; powers, duties,
484	and functions.-
485	(4)  The Office of Supplier Diversity shall have the
486	following powers, duties, and functions:
487	(h)  To develop procedures to investigate complaints
488	against minority business enterprises or contractors alleged to
489	violate any provision related to this section or s. 287.0943,
490	that may include visits to worksites or business premises, and
491	to refer all information on businesses suspected of
492	misrepresenting minority status to the Department of Management
493	Services for investigation. When an investigation is completed
494	and there is reason to believe that a violation has occurred,
495	the Department of Labor and Employment Security shall refer the
496	matter shall be referred to the office of the Attorney General,
497	Department of Legal Affairs, for prosecution.
498	(o)1.  To establish a system to record and measure the use
499	of certified minority business enterprises in state contracting.
500	This system shall maintain information and statistics on
501	certified minority business enterprise participation, awards,
502	dollar volume of expenditures and agency goals, and other
503	appropriate types of information to analyze progress in the
504	access of certified minority business enterprises to state
505	contracts and to monitor agency compliance with this section.
506	Such reporting must include, but is not limited to, the
507	identification of all subcontracts in state contracting by
508	dollar amount and by number of subcontracts and the
509	identification of the utilization of certified minority business
510	enterprises as prime contractors and subcontractors by dollar
511	amounts of contracts and subcontracts, number of contracts and
512	subcontracts, minority status, industry, and any conditions or
513	circumstances that significantly affected the performance of
514	subcontractors. Agencies shall report their compliance with the
515	requirements of this reporting system at least annually and at
516	the request of the office. All agencies shall cooperate with the
517	office in establishing this reporting system. Except in
518	construction contracting, all agencies shall review contracts
519	costing in excess of CATEGORY FOUR as defined in s. 287.017 to
520	determine if such contracts could be divided into smaller
521	contracts to be separately solicited and awarded, and shall,
522	when economical, offer such smaller contracts to encourage
523	minority participation.
524	2.  To report agency compliance with the provisions of
525	subparagraph 1. for the preceding fiscal year to the Governor
526	and Cabinet, the President of the Senate, and the Speaker of the
527	House of Representatives, and the secretary of the Department of
528	Labor and Employment Security on or before February 1 of each
529	year. The report must contain, at a minimum, the following:
530	a.  Total expenditures of each agency by industry.
531	b.  The dollar amount and percentage of contracts awarded
532	to certified minority business enterprises by each state agency.
533	c.  The dollar amount and percentage of contracts awarded
534	indirectly to certified minority business enterprises as
535	subcontractors by each state agency.
536	d.  The total dollar amount and percentage of contracts
537	awarded to certified minority business enterprises, whether
538	directly or indirectly, as subcontractors.
539	e.  A statement and assessment of good faith efforts taken
540	by each state agency.
541	f.  A status report of agency compliance with subsection
542	(6), as determined by the Minority Business Enterprise Office.
543	Section 6.  Subsections (1), (3), (4), (5), and (6) of
544	section 287.0947, Florida Statutes, are amended to read:
545	287.0947  Florida Advisory Council on Small and Minority
546	Business Development; creation; membership; duties.-
547	(1)  On or after October 1, 1996, The Secretary of
548	Management Services the Department of Labor and Employment
549	Security may create the Florida Advisory Council on Small and
550	Minority Business Development with the purpose of advising and
551	assisting the secretary in carrying out the secretary's duties
552	with respect to minority businesses and economic and business
553	development. It is the intent of the Legislature that the
554	membership of such council include practitioners, laypersons,
555	financiers, and others with business development experience who
556	can provide invaluable insight and expertise for this state in
557	the diversification of its markets and networking of business
558	opportunities. The council shall initially consist of 19
559	persons, each of whom is or has been actively engaged in small
560	and minority business development, either in private industry,
561	in governmental service, or as a scholar of recognized
562	achievement in the study of such matters. Initially, the council
563	shall consist of members representing all regions of the state
564	and shall include at least one member from each group identified
565	within the definition of "minority person" in s. 288.703(3),
566	considering also gender and nationality subgroups, and shall
567	consist of the following:
568	(a)  Four members consisting of representatives of local
569	and federal small and minority business assistance programs or
570	community development programs.
571	(b)  Eight members composed of representatives of the
572	minority private business sector, including certified minority
573	business enterprises and minority supplier development councils,
574	among whom at least two shall be women and at least four shall
575	be minority persons.
576	(c)  Two representatives of local government, one of whom
577	shall be a representative of a large local government, and one
578	of whom shall be a representative of a small local government.
579	(d)  Two representatives from the banking and insurance
580	industry.
581	(e)  Two members from the private business sector,
582	representing the construction and commodities industries.
583	(f)  The chairperson of the Florida Black Business
584	Investment Board or the chairperson's designee.
585
586	A candidate for appointment may be considered if eligible to be
587	certified as an owner of a minority business enterprise, or if
588	otherwise qualified under the criteria above. Vacancies may be
589	filled by appointment of the secretary, in the manner of the
590	original appointment.
591	(3)  Within 30 days after its initial meeting, the council
592	shall elect from among its members a chair and a vice chair.
593	(3)(4)  The council shall meet at the call of its chair, at
594	the request of a majority of its membership, at the request of
595	the commission or its executive administrator, or at such times
596	as may be prescribed by rule, but not less than once a year, to
597	offer its views on issues related to small and minority business
598	development of concern to this state. A majority of the members
599	of the council shall constitute a quorum.
600	(4)(5)  The powers and duties of the council include, but
601	are not limited to: researching and reviewing the role of small
602	and minority businesses in the state's economy; reviewing issues
603	and emerging topics relating to small and minority business
604	economic development; studying the ability of financial markets
605	and institutions to meet small business credit needs and
606	determining the impact of government demands on credit for small
607	businesses; assessing the implementation of s. 187.201(21)
608	187.201(22), requiring a state economic development
609	comprehensive plan, as it relates to small and minority
610	businesses; assessing the reasonableness and effectiveness of
611	efforts by any state agency or by all state agencies
612	collectively to assist minority business enterprises; and
613	advising the Governor, the secretary, and the Legislature on
614	matters relating to small and minority business development
615	which are of importance to the international strategic planning
616	and activities of this state.
617	(5)(6)  On or before January 1 of each year, the council
618	shall present an annual report to the secretary that sets forth
619	in appropriate detail the business transacted by the council
620	during the year and any recommendations to the secretary,
621	including those to improve business opportunities for small and
622	minority business enterprises.
623	Section 7.  Paragraph (c) of subsection (4) of section
624	61.1826, Florida Statutes, is amended to read:
625	61.1826  Procurement of services for State Disbursement
626	Unit and the non-Title IV-D component of the State Case
627	Registry; contracts and cooperative agreements; penalties;
628	withholding payment.-
629	(4)  COOPERATIVE AGREEMENT AND CONTRACT TERMS.-The contract
630	between the Florida Association of Court Clerks and the
631	department, and cooperative agreements entered into by the
632	depositories and the department, must contain, but are not
633	limited to, the following terms:
634	(c)  Under s. 287.058(1)(a)1., all providers and
635	subcontractors shall submit to the department directly, or
636	through the Florida Association of Court Clerks, a report of
637	monthly expenditures in a format prescribed by the department
638	and in sufficient detail for a proper preaudit and postaudit
639	thereof.
640
641	If either the department or the Florida Association of Court
642	Clerks objects to a term of the standard cooperative agreement
643	or contract specified in subsections (2) and (3), the disputed
644	term or terms shall be presented jointly by the parties to the
645	Attorney General or the Attorney General's designee, who shall
646	act as special magistrate. The special magistrate shall resolve
647	the dispute in writing within 10 days. The resolution of a
648	dispute by the special magistrate is binding on the department
649	and the Florida Association of Court Clerks.
650	Section 8.  Paragraphs (e), (f), (g), and (h) of subsection
651	(3) of section 403.7061, Florida Statutes, are amended to read:
652	403.7061  Requirements for review of new waste-to-energy
653	facility capacity by the Department of Environmental
654	Protection.-
655	(3)  An applicant must provide reasonable assurance that
656	the construction of a new waste-to-energy facility or the
657	expansion of an existing waste-to-energy facility will comply
658	with the following criteria:
659	(e)  The local government in which the facility is located
660	has implemented a program to procure products or materials with
661	recycled content, pursuant to s. 403.7065.
662	(e)(f)  A program will exist in the local government in
663	which the facility is located for collecting and recycling
664	recovered material from the institutional, commercial, and
665	industrial sectors by the time the facility begins operation.
666	(f)(g)  The facility will be in compliance with applicable
667	local ordinances and with the approved state and local
668	comprehensive plans required by chapter 163.
669	(g)(h)  The facility is in substantial compliance with its
670	permit, conditions of certification, and any agreements or
671	orders resulting from environmental enforcement actions by state
672	agencies.
673	Section 9.  Section 287.115, Florida Statutes, is repealed.
674	Section 10.  Section 403.7065, Florida Statutes, is
675	repealed.
676	Section 11.  This act shall take effect July 1, 2011.

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