Florida Senate - 2012                             CS for SB 1872
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Gibson
       
       
       
       585-02801-12                                          20121872c1
    1                        A bill to be entitled                      
    2         An act relating to small business participation in
    3         state contracting; creating s. 287.0577, F.S.;
    4         defining the terms “bundled contract” and “small
    5         business”; requiring state agencies to accept as
    6         responsive a bid by a small business for a portion of
    7         a bundled contract; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 287.0577, Florida Statutes, is created
   12  to read:
   13         287.0577 Small business participation in state contracting;
   14  bundled contracts.—
   15         (1) As used in this section, the term:
   16         (a) “Bundled contract” means the consolidation of contracts
   17  for the procurement of commodities or contractual services, at
   18  least part of which may be provided or performed by one or more
   19  small businesses, into a single contract that is not appropriate
   20  for award to a small business as the prime contractor.
   21         (b) “Small business” means a business entity organized for
   22  profit that is independently owned and operated, that is not
   23  dominant within the business entity’s industry, and that:
   24         1. Currently is, and for at least the previous 3 years has
   25  been, domiciled in the state.
   26         2. Has a workforce of 25 or fewer employees, including
   27  independent contractors or other contractual personnel.
   28         3. Has had, for at least the previous 3 years, average
   29  annual gross sales that do not exceed the following:
   30         a. For a contractor licensed under chapter 489, $3 million
   31  per year.
   32         b. For a sole proprietorship performing contractual
   33  services within the scope of the proprietor’s professional
   34  license or certification, $500,000 per year.
   35         c. For any other business entity, $1 million per year.
   36         4. Currently has, and for at least the previous 3 years has
   37  had, together with its affiliates, a net worth that does not
   38  exceed $5 million. For a sole proprietorship, the net worth
   39  limit of $5 million includes both personal and business
   40  investments but does not include the proprietor’s primary
   41  residence.
   42  
   43  The term includes any such business entity organized as any form
   44  of corporation, partnership, limited liability company, sole
   45  proprietorship, joint venture, association, trust, cooperative,
   46  or other legal entity.
   47         (2) An agency must accept as responsive a bid by a small
   48  business for a portion of a bundled contract.
   49         Section 2. This act shall take effect July 1, 2012.