Florida Senate - 2022                                    SB 1530
       By Senator Jones
       35-00309-22                                           20221530__
    1                        A bill to be entitled                      
    2         An act relating to state contracting; amending s.
    3         287.057, F.S.; requiring an agency subject to ch. 287,
    4         F.S., to require any vendor awarded a competitively
    5         solicited contract for commodities or contractual
    6         services to use certified minority, woman-owned, or
    7         veteran-owned business enterprises as subcontractors
    8         or subvendors for at least a specified minimum
    9         percentage of the contract value; requiring a vendor
   10         to identify subcontractors or subvendors when bidding
   11         for such a contract; requiring the vendor to report
   12         certain information regarding subcontractors or
   13         subvendors upon performance or completion of the
   14         contract; requiring the Office of Supplier Diversity
   15         to commission a disparity study to review and evaluate
   16         the use of minority, woman-owned, and veteran-owned
   17         business enterprises within this state by a specified
   18         date; requiring the study results to be presented to
   19         the Legislature by a specified date; providing an
   20         appropriation; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (9) of section 287.057, Florida
   25  Statutes, is amended to read:
   26         287.057 Procurement of commodities or contractual
   27  services.—
   28         (9) An agency shall require that may reserve any contract
   29  for competitive solicitation may be awarded only to only among
   30  vendors who agree to use certified minority business
   31  enterprises, woman-owned business enterprises, or veteran-owned
   32  business enterprises as subcontractors or subvendors for at
   33  least 30 percent of the value of the contract. The percentage of
   34  funds, in terms of gross contract amount and revenues, which
   35  must be expended with such the certified minority business
   36  enterprise subcontractors and subvendors must shall be
   37  determined by the agency before the contract is made available
   38  for bidding such contracts may be reserved. In order to bid on a
   39  contract so reserved, the vendor must shall identify in a sworn
   40  statement those certified minority business enterprises, woman
   41  owned business enterprises, or veteran-owned business
   42  enterprises that which will be used utilized as subcontractors
   43  or subvendors by sworn statement. At the time of performance or
   44  project completion, the contractor shall report by sworn
   45  statement the payments and completion of work for all certified
   46  minority business enterprises, woman-owned business enterprises,
   47  or veteran-owned business enterprises used in the contract.
   48         Section 2. In order to ensure that the requirement
   49  established under s. 287.057(9), Florida Statutes, for
   50  contracting with minority, woman-owned, or veteran-owned
   51  enterprises is met, the Office of Supplier Diversity shall
   52  commission a disparity study to review and evaluate the
   53  statistical data indicating the availability of, and disparity
   54  in the use of, minority, woman-owned, and veteran-owned business
   55  enterprises within this state. The study results must be
   56  presented to the Legislature no later than December 1, 2023.
   57         Section 3. For the 2022-2023 fiscal year, the nonrecurring
   58  sum of $500,000 is appropriated from the General Revenue Fund to
   59  the Office of Supplier Diversity within the Department of
   60  Management Services for the purpose of conducting the disparity
   61  study required by this act. Funds remaining unexpended or
   62  unencumbered from this appropriation as of June 30, 2023, shall
   63  revert to the General Revenue Fund.
   64         Section 4. This act shall take effect July 1, 2022.