Florida Senate - 2019 SB 652 By Senator Berman 31-00195-19 2019652__ 1 A bill to be entitled 2 An act relating to state procurement; creating s. 3 287.0921, F.S.; requiring the Department of Management 4 Services to establish a certification program for 5 vendors who pay their employees equal pay for equal 6 work without regard to gender, subject to available 7 resources; requiring the department to adopt certain 8 rules to implement and administer the program; 9 requiring the department to include the vendor’s 10 certification in its records; authorizing a certified 11 vendor to include its certification in advertising and 12 promotional materials; providing a penalty for a 13 vendor who makes a material misrepresentation or 14 commits a fraudulent act in regard to self 15 certification; providing a limited bidding preference 16 for certified vendors if certain conditions are met; 17 prescribing reporting requirements; authorizing the 18 department to cooperate and coordinate with certain 19 governmental entities in carrying out the act; 20 providing for applicability; authorizing the 21 department to initiate rulemaking upon the act 22 becoming a law; providing effective dates. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 287.0921, Florida Statutes, is created 27 to read: 28 287.0921 Equal pay certification for vendors; bid 29 preference.— 30 (1) Within the limits of available resources, the 31 department shall establish a program to certify vendors that pay 32 their employees equal pay for equal work without regard to 33 gender. 34 (2) The department shall adopt rules to implement and 35 administer the certification program. At a minimum, the rules 36 must include: 37 (a) A method for a vendor to self-certify that the vendor 38 pays its employees equal pay for equal work without regard to 39 gender. 40 (b) The manner of certification by the Secretary of 41 Management Services of a vendor that fulfills the requirements 42 of self-certification. 43 (3) If the secretary certifies a vendor in accordance with 44 the rules adopted pursuant to subsection (2): 45 (a) The department must include the vendor’s certified 46 status in records concerning the vendor which are held by the 47 department or made available on the department’s website. 48 (b) The vendor may acknowledge its certification in its 49 advertising, marketing, or other promotional materials. 50 (4)(a) If the department determines that a vendor has made 51 a material misrepresentation or otherwise committed a fraudulent 52 act in self-certifying in accordance with the rules adopted 53 pursuant to subsection (2), the vendor may be prohibited, for a 54 period of up to 36 months, from: 55 1. Self-certifying that the vendor pays its employees equal 56 pay for equal work without regard to gender; and 57 2. Submitting a bid or proposal to an agency. 58 (b) The vendor may, under chapter 120, seek administrative 59 review under chapter 120 of the department’s determination made 60 pursuant to paragraph (a). 61 (5) If an agency is required to make purchases of personal 62 property through competitive solicitation, a bid or proposal 63 submitted by a vendor who is certified in accordance with 64 subsection (2) must be granted a preference of 5 percent if: 65 (a) Two or more of the lowest bids or proposals are within 66 5 percent of each other; 67 (b) None of the bids or proposals are submitted by a vendor 68 whose principal place of business is within this state; and 69 (c) One or more of the lowest bids or proposals is 70 submitted by a vendor who is certified by the Secretary of 71 Management Services in accordance with subsection (2). 72 (6) On or before October 1 of each year, the department 73 shall submit a report to the Governor, the President of the 74 Senate, and the Speaker of the House of Representatives which 75 includes, for the immediately preceding fiscal year: 76 (a) The number of vendors certified pursuant to subsection 77 (2). 78 (b) The number of certified vendors that submitted a bid or 79 proposal to an agency. 80 (c) The number of certified vendors that were awarded a 81 contract by an agency. 82 (d) The number of certified vendors that were disciplined 83 pursuant to subsection (4). 84 (7) In carrying out the provisions of this section, the 85 department may cooperate and coordinate with the Department of 86 Economic Opportunity, the Florida Commission on Human Relations, 87 the Florida Commission on the Status of Women, and any other 88 office, department, board, commission, or agency of state 89 government that has appropriate expertise. 90 (8) This section does not apply to any state contract that 91 is advertised, bid, offered, or awarded before January 1, 2020. 92 Section 2. Effective upon this act becoming a law, the 93 Department of Management Services may initiate rulemaking for 94 purposes of implementing and administering the equal pay 95 certification program established in s. 287.0921, Florida 96 Statutes, as created by this act. 97 Section 3. Except as otherwise expressly provided in this 98 act and except for this section, which shall take effect upon 99 becoming a law, this act shall take effect January 1, 2020.