Florida Senate - 2026 SB 1662
By Senator McClain
9-00732C-26 20261662__
1 A bill to be entitled
2 An act relating to prohibited preferences; amending s.
3 16.71, F.S.; deleting a provision requiring the
4 Governor to consider appointees to the Florida Gaming
5 Control Commission who reflect Florida’s racial,
6 ethnic, and gender diversity; amending s. 17.11, F.S.;
7 revising the information required to be reported
8 periodically by the Chief Financial Officer;
9 conforming provisions to changes made by the act;
10 repealing s. 24.113, F.S., relating to minority
11 participation; amending s. 110.112, F.S.; revising
12 state policy; prohibiting executive agencies from
13 using racial or gender set-asides, preferences, or
14 quotas when making certain decisions; deleting
15 provisions requiring state entities to develop and
16 implement affirmative action plans; amending s.
17 110.211, F.S.; revising a phrase that is required to
18 be included in all recruitment literature for state
19 position vacancies; amending s. 110.605, F.S.;
20 deleting a provision requiring the Department of
21 Management Services to develop a certain program of
22 affirmative and positive actions; repealing s.
23 255.101, F.S., relating to utilization of minority
24 business enterprises in contracts for public
25 construction works; repealing s. 255.102, F.S.,
26 relating to contractor utilization of minority
27 business enterprises; amending s. 255.20, F.S.;
28 revising factors local governments are authorized to
29 consider in making decisions regarding local bids and
30 contracts for public construction works; amending s.
31 287.012, F.S.; deleting the definition of the term
32 “minority business enterprise”; conforming provisions
33 to changes made by the act; amending s. 287.042, F.S.;
34 revising the powers, duties, and functions of the
35 Department of Management Services to delete provisions
36 regarding the Office of Supplier Diversity; amending
37 s. 287.055, F.S.; revising the criteria each agency
38 uses to evaluate professional services; revising the
39 criteria used to determine whether a firm is qualified
40 to provide such services; amending s. 287.057, F.S.;
41 deleting a provision authorizing the Office of
42 Supplier Diversity to request certain information from
43 agencies; deleting provisions authorizing agencies to
44 reserve contracts for competitive solicitation among
45 certified minority business enterprises; deleting a
46 provision requiring agencies to enter into a contract
47 with a certified minority business enterprise under a
48 specified condition; amending s. 287.059, F.S.;
49 deleting a provision encouraging agencies to use a
50 firm’s minority status when selecting outside firms
51 for attorney services; repealing s. 287.093, F.S.,
52 relating to minority business enterprises and
53 procurement of personal property and services from
54 funds set aside for such purpose; repealing s.
55 287.0931, F.S., relating to minority business
56 enterprise participation in bond underwriting;
57 repealing s. 287.0943, F.S., relating to certification
58 of minority business enterprises; repealing s.
59 287.09431, F.S., relating to statewide and interlocal
60 agreement on certification of business concerns for
61 the status of minority business enterprise; amending
62 s. 287.09451, F.S.; deleting legislative findings;
63 renaming the Office of Supplier Diversity as the
64 Office of Supplier Development; revising the purpose
65 of the office; revising the powers, duties, and
66 functions of the office; deleting provisions providing
67 a process for the Office of Supplier Diversity to
68 assist minority business enterprises in the state
69 procurement process; deleting provisions requiring
70 each state agency to coordinate its minority business
71 enterprise procurement with the office; repealing s.
72 287.0947, F.S., relating to the Florida Advisory
73 Council on Small and Minority Business Development;
74 amending s. 288.001, F.S.; deleting a provision
75 requiring consideration of minority and gender
76 representation when making appointments to the
77 statewide advisory board for the Florida Small
78 Business Development Center Network; repealing s.
79 288.1167, F.S., relating to sports franchise contract
80 provisions for food and beverage concession and
81 contract awards to minority business enterprises;
82 amending s. 288.1229, F.S.; deleting a requirement
83 that the board membership of the Florida Sports
84 Foundation represent ethnic and gender diversity;
85 amending s. 288.124, F.S.; deleting provisions
86 requiring that preferences be given to specified
87 entities seeking to attract minority conventions to
88 Florida; amending s. 288.7015, F.S.; revising the
89 duties of the rules ombudsman regarding reviewing
90 state agency rules that adversely or
91 disproportionately impact businesses; amending s.
92 288.703, F.S.; deleting the definitions of the terms
93 “certified minority business enterprise” and “minority
94 business enterprise”; revising the definition of the
95 term “ombudsman”; amending s. 288.7031, F.S.;
96 conforming provisions to changes made by the act;
97 amending s. 288.776, F.S.; deleting a requirement that
98 minority and gender representation be considered for
99 appointments to the board of directors of the Florida
100 Export Finance Corporation; amending s. 290.0057,
101 F.S.; revising requirements for strategic plans that
102 accompany an application for designating a new
103 enterprise zone; amending s. 290.046, F.S.; revising
104 factors that may be taken into consideration when
105 scoring certain applications for grants; amending s.
106 320.63, F.S.; deleting a requirement that applicants
107 or licensees for certain licenses report annually to
108 the Department of Business and Professional Regulation
109 on efforts to add minority dealer points; amending s.
110 376.84, F.S.; deleting a provision authorizing
111 financial and local incentives for brownfield
112 redevelopment to include certain minority business
113 enterprise programs; amending s. 383.216, F.S.;
114 deleting a requirement that each prenatal and infant
115 health care coalition represent the racial, ethnic,
116 and gender composition of the community; repealing s.
117 395.807, F.S., relating to retention of family
118 practice residents; amending s. 409.901, F.S.;
119 deleting the definition of the term “minority
120 physician network”; amending s. 409.920, F.S.;
121 revising the definition of the term “managed care
122 plans”; amending s. 430.502, F.S.; revising criteria
123 on which incentive funding of memory disorder clinics
124 is based; amending s. 440.45, F.S.; revising the
125 composition of the statewide nominating commission for
126 judges of compensation claims to no longer require
127 members from minority groups; amending s. 445.007,
128 F.S.; deleting provisions requiring consideration of
129 the importance of minority and gender representation
130 for local workforce development boards and committees
131 established by such boards; amending s. 446.041, F.S.;
132 revising the duties of the Department of Commerce to
133 no longer ensure consideration of minority and gender
134 diversity in a certain program; amending s. 489.111,
135 F.S.; deleting provisions relating to the Department
136 of Business and Professional Regulation establishing
137 certain sensitivity review committees; amending s.
138 627.3511, F.S.; deleting provisions authorizing
139 certain property or casualty insurers to exempt a
140 specified amount from escrow requirements and to
141 simultaneously file the proposed take-out plan with
142 the Citizens Property Insurance Corporation; repealing
143 s. 641.217, F.S., relating to required minority
144 recruitment and retention plans; revising the title of
145 chapter 760, F.S.; repealing s. 760.80, F.S., relating
146 to minority representation on boards, commissions,
147 councils, and committees; redesignating part V of
148 chapter 760, F.S., Environmental Equity and Justice,
149 as part IV of that chapter; amending s. 1001.706,
150 F.S.; deleting provisions requiring the Board of
151 Governors of the State University System to ensure
152 compliance with specified procurement provisions and
153 rules; amending s. 1004.42, F.S.; deleting a
154 requirement of the Florida State University College of
155 Medicine to continue specified outreach efforts to
156 middle and high school minority students; amending s.
157 1004.435, F.S.; revising membership criteria for the
158 Florida Cancer Control and Research Advisory Council;
159 repealing s. 1007.34, F.S., relating to the college
160 reach-out program; repealing s. 1007.35, F.S.,
161 relating to the Florida Partnership for Minority and
162 Underrepresented Student Achievement Act; repealing s.
163 1011.86, F.S., relating to educational leadership
164 enhancement grants; amending s. 1013.46, F.S.;
165 deleting provisions authorizing counties,
166 municipalities, and boards to set aside a specified
167 percentage of funds allocated for the purpose of
168 entering into construction capital project contracts
169 with minority business enterprises; amending ss.
170 43.16, 212.096, 215.971, 282.201, 282.709, 286.101,
171 287.0571, 288.0001, 288.706, 290.004, 295.187, 337.11,
172 339.63, 376.3072, 381.986, 394.47865, 402.7305,
173 408.045, 409.910, 570.07, 627.351, 1001.216, 1007.27,
174 1008.23, and 1008.24, F.S.; conforming cross
175 references and provisions to changes made by the act;
176 reenacting s. 311.07(4), F.S., relating to Florida
177 seaport transportation and economic development
178 funding, to incorporate the amendment made to s.
179 110.112, F.S., in a reference thereto; providing an
180 effective date.
181
182 Be It Enacted by the Legislature of the State of Florida:
183
184 Section 1. Paragraph (a) of subsection (2) of section
185 16.71, Florida Statutes, is amended to read:
186 16.71 Florida Gaming Control Commission; creation;
187 meetings; membership.—
188 (2) MEMBERSHIP.—
189 (a) The commission shall consist of five members appointed
190 by the Governor, and subject to confirmation by the Senate, for
191 terms of 4 years. Members of the commission must be appointed by
192 January 1, 2022. The Governor shall consider appointees who
193 reflect Florida’s racial, ethnic, and gender diversity. Of the
194 initial five members appointed by the Governor, and immediately
195 upon appointment, the Governor shall appoint one of the members
196 as the initial chair and one of the members as the initial vice
197 chair. At the end of the initial chair’s and vice chair’s terms
198 pursuant to subparagraph 1., the commission shall elect one of
199 the members of the commission as chair and one of the members of
200 the commission as vice chair.
201 1. For the purpose of providing staggered terms, of the
202 initial appointments, two members shall be appointed to 4-year
203 terms, two members shall be appointed to 3-year terms, and one
204 member shall be appointed to a 2-year term.
205 2. Of the five members, at least one member must have at
206 least 10 years of experience in law enforcement and criminal
207 investigations, at least one member must be a certified public
208 accountant licensed in this state with at least 10 years of
209 experience in accounting and auditing, and at least one member
210 must be an attorney admitted and authorized to practice law in
211 this state for at least the preceding 10 years.
212 Section 2. Subsection (2) of section 17.11, Florida
213 Statutes, is amended to read:
214 17.11 To report disbursements made.—
215 (2) The Chief Financial Officer shall also cause to have
216 reported from the Florida Accounting Information Resource
217 Subsystem no less than quarterly the disbursements which
218 agencies made to small businesses, as defined in s. 288.703 the
219 Florida Small and Minority Business Assistance Act; to certified
220 minority business enterprises in the aggregate; and to certified
221 minority business enterprises broken down into categories of
222 minority persons, as well as gender and nationality subgroups.
223 This information must shall be made available to the agencies,
224 the Office of Supplier Development Diversity, the Governor, the
225 President of the Senate, and the Speaker of the House of
226 Representatives. Each agency is shall be responsible for the
227 accuracy of information entered into the Florida Accounting
228 Information Resource Subsystem for use in this reporting.
229 Section 3. Section 24.113, Florida Statutes, is repealed.
230 Section 4. Section 110.112, Florida Statutes, is amended to
231 read:
232 110.112 Affirmative action; Equal employment opportunity.—
233 (1) It is the policy of the this state to provide equal
234 opportunities in employment. Discrimination in employment
235 because of race, gender, creed, color, or national origin is
236 prohibited. Executive agencies may not use racial or gender set
237 asides, preferences, or quotas when making decisions regarding
238 the hiring, retention, or promotion of a state employee assist
239 in providing the assurance of equal employment opportunity
240 through programs of affirmative and positive action that will
241 allow full utilization of women, minorities, and individuals who
242 have a disability.
243 (2)(a) The head of each executive agency shall develop and
244 implement an affirmative action plan in accordance with rules
245 adopted by the department and approved by a majority vote of the
246 Administration Commission before their adoption.
247 (b) Each executive agency shall establish annual goals for
248 ensuring full utilization of groups underrepresented in the
249 agency’s workforce, including women, minorities, and individuals
250 who have a disability, as compared to the relevant labor market,
251 as defined by the agency. Each executive agency shall design its
252 affirmative action plan to meet its established goals.
253 (c) Each executive agency shall annually report to the
254 department regarding the agency’s progress toward increasing
255 employment among women, minorities, and individuals who have a
256 disability.
257 (d) An affirmative action-equal employment opportunity
258 officer shall be appointed by the head of each executive agency.
259 The affirmative action-equal employment opportunity officer’s
260 responsibilities must include determining annual goals,
261 monitoring agency compliance, and providing consultation to
262 managers regarding progress, deficiencies, and appropriate
263 corrective action.
264 (e) The department shall report information in its annual
265 workforce report relating to the implementation, continuance,
266 updating, and results of each executive agency’s affirmative
267 action plan for the previous fiscal year. The annual workforce
268 report must also include data for each executive agency relating
269 to employment levels among women, minorities, and individuals
270 who have a disability.
271 (f) The department shall provide to all supervisory
272 personnel of the executive agencies training in the principles
273 of equal employment opportunity and affirmative action, the
274 development and implementation of affirmative action plans, and
275 the establishment of annual affirmative action goals. The
276 department may contract for training services, and each
277 participating agency shall reimburse the department for costs
278 incurred through such contract. After the department approves
279 the contents of the training program for the agencies, the
280 department may delegate this training to the executive agencies.
281 (3)(a) The department, in consultation with the Agency for
282 Persons with Disabilities, the Division of Vocational
283 Rehabilitation and the Division of Blind Services of the
284 Department of Education, the Department of Commerce, and the
285 Executive Office of the Governor, shall develop and implement
286 programs that incorporate internships, mentoring, on-the-job
287 training, unpaid work experience, situational assessments, and
288 other innovative strategies that are specifically geared toward
289 individuals who have a disability.
290 (b) By January 1, 2017, the department shall develop
291 mandatory training programs for human resources personnel and
292 hiring managers of executive agencies which support the
293 employment of individuals who have a disability.
294 (c)1. By January 1, 2017, each executive agency shall
295 develop an agency-specific plan that addresses how to promote
296 employment opportunities for individuals who have a disability.
297 2. The department shall assist executive agencies in the
298 implementation of agency-specific plans. The department shall
299 regularly report to the Governor, the President of the Senate,
300 and the Speaker of the House of Representatives the progress of
301 executive agencies in implementing these plans. Such reports
302 must shall be made at least biannually.
303 (d) The department shall compile data regarding the hiring
304 practices of executive agencies with regard to individuals who
305 have a disability and make such data available on its website.
306 (e) The department shall assist executive agencies in
307 identifying and implementing strategies for retaining employees
308 who have a disability which include, but are not limited to,
309 training programs, funding reasonable accommodations, increasing
310 access to appropriate technologies, and ensuring accessibility
311 of physical and virtual workplaces.
312 (f) The department shall adopt rules relating to forms that
313 provide for the voluntary self-identification of individuals who
314 have a disability and are employed by an executive agency.
315 (g) This subsection does not create any substantive or
316 procedural right or benefit enforceable at law or in equity
317 against the state or a state agency, or an officer, employee, or
318 agent thereof.
319 (4) Each state attorney and public defender shall:
320 (a) Develop and implement an affirmative action plan.
321 (b) Establish annual goals for ensuring full utilization of
322 groups underrepresented in its workforce as compared to the
323 relevant labor market in this state. The state attorneys’ and
324 public defenders’ affirmative action plans must be designed to
325 meet the established goals.
326 (c) Appoint an affirmative action-equal employment
327 opportunity officer.
328 (3)(5) The state, its agencies and officers shall ensure
329 freedom from discrimination in employment as provided by the
330 Florida Civil Rights Act of 1992, by s. 112.044, and by this
331 chapter.
332 (4)(6) Any individual claiming to be aggrieved by an
333 unlawful employment practice may file a complaint with the
334 Florida Commission on Human Relations as provided by s. 760.11.
335 (5)(7) The department shall review and monitor executive
336 agency actions in carrying out the rules adopted by the
337 department pursuant to this section.
338 Section 5. Subsection (4) of section 110.211, Florida
339 Statutes, is amended to read:
340 110.211 Recruitment.—
341 (4) All recruitment literature involving state position
342 vacancies must shall contain the phrase “An Equal Opportunity
343 Employer/Affirmative Action Employer.”
344 Section 6. Paragraph (d) of subsection (1) of section
345 110.605, Florida Statutes, is amended to read:
346 110.605 Powers and duties; personnel rules, records,
347 reports, and performance appraisal.—
348 (1) The department shall adopt and administer uniform
349 personnel rules, records, and reports relating to employees and
350 positions in the Selected Exempt Service, as well as any other
351 rules and procedures relating to personnel administration which
352 are necessary to carry out the purposes of this part.
353 (d) The department shall develop a program of affirmative
354 and positive actions that will ensure full utilization of women
355 and minorities in Selected Exempt Service positions.
356 Section 7. Section 255.101, Florida Statutes, is repealed.
357 Section 8. Section 255.102, Florida Statutes, is repealed.
358 Section 9. Paragraph (c) of subsection (1) of section
359 255.20, Florida Statutes, is amended to read:
360 255.20 Local bids and contracts for public construction
361 works; specification of state-produced lumber.—
362 (1) A county, municipality, special district as defined in
363 chapter 189, or other political subdivision of the state seeking
364 to construct or improve a public building, structure, or other
365 public construction works must competitively award to an
366 appropriately licensed contractor each project that is estimated
367 to cost more than $300,000. For electrical work, the local
368 government must competitively award to an appropriately licensed
369 contractor each project that is estimated to cost more than
370 $75,000. As used in this section, the term “competitively award”
371 means to award contracts based on the submission of sealed bids,
372 proposals submitted in response to a request for proposal,
373 proposals submitted in response to a request for qualifications,
374 or proposals submitted for competitive negotiation. This
375 subsection expressly allows contracts for construction
376 management services, design/build contracts, continuation
377 contracts based on unit prices, and any other contract
378 arrangement with a private sector contractor permitted by any
379 applicable municipal or county ordinance, by district
380 resolution, or by state law. For purposes of this section, cost
381 includes employee compensation and benefits, except inmate
382 labor, the cost of equipment and maintenance, insurance costs,
383 and the cost of direct materials to be used in the construction
384 of the project, including materials purchased by the local
385 government, and other direct costs, plus a factor of 20 percent
386 for management, overhead, and other indirect costs. Subject to
387 the provisions of subsection (3), the county, municipality,
388 special district, or other political subdivision may establish,
389 by municipal or county ordinance or special district resolution,
390 procedures for conducting the bidding process.
391 (c) The provisions of This subsection does do not apply:
392 1. If the project is undertaken to replace, reconstruct, or
393 repair an existing public building, structure, or other public
394 construction works damaged or destroyed by a sudden unexpected
395 turn of events such as an act of God, riot, fire, flood,
396 accident, or other urgent circumstances, and such damage or
397 destruction creates:
398 a. An immediate danger to the public health or safety;
399 b. Other loss to public or private property which requires
400 emergency government action; or
401 c. An interruption of an essential governmental service.
402 2. If, after notice by publication in accordance with the
403 applicable ordinance or resolution, the governmental entity does
404 not receive any responsive bids or proposals.
405 3. To construction, remodeling, repair, or improvement to a
406 public electric or gas utility system if such work on the public
407 utility system is performed by personnel of the system.
408 4. To construction, remodeling, repair, or improvement by a
409 utility commission whose major contracts are to construct and
410 operate a public electric utility system.
411 5. If the project is undertaken as repair or maintenance of
412 an existing public facility. For the purposes of this paragraph,
413 the term “repair” means a corrective action to restore an
414 existing public facility to a safe and functional condition and
415 the term “maintenance” means a preventive or corrective action
416 to maintain an existing public facility in an operational state
417 or to preserve the facility from failure or decline. Repair or
418 maintenance includes activities that are necessarily incidental
419 to repairing or maintaining the facility. Repair or maintenance
420 does not include the construction of any new building,
421 structure, or other public construction works or any substantial
422 addition, extension, or upgrade to an existing public facility.
423 Such additions, extensions, or upgrades are shall be considered
424 substantial if the estimated cost of the additions, extensions,
425 or upgrades included as part of the repair or maintenance
426 project exceeds the threshold amount in subsection (1) and
427 exceeds 20 percent of the estimated total cost of the repair or
428 maintenance project fully accounting for all costs associated
429 with performing and completing the work, including employee
430 compensation and benefits, equipment cost and maintenance,
431 insurance costs, and the cost of direct materials to be used in
432 the construction of the project, including materials purchased
433 by the local government, and other direct costs, plus a factor
434 of 20 percent for management, overhead, and other indirect
435 costs. An addition, extension, or upgrade may shall not be
436 considered substantial if it is undertaken pursuant to the
437 conditions specified in subparagraph 1. Repair and maintenance
438 projects and any related additions, extensions, or upgrades may
439 not be divided into multiple projects for the purpose of evading
440 the requirements of this subparagraph.
441 6. If the project is undertaken exclusively as part of a
442 public educational program.
443 7. If the funding source of the project will be diminished
444 or lost because the time required to competitively award the
445 project after the funds become available exceeds the time within
446 which the funding source must be spent.
447 8. If the local government competitively awarded a project
448 to a private sector contractor and the contractor abandoned the
449 project before completion or the local government terminated the
450 contract.
451 9. If the governing board of the local government complies
452 with all of the requirements of this subparagraph, conducts a
453 public meeting under s. 286.011 after public notice, and finds
454 by majority vote of the governing board that it is in the
455 public’s best interest to perform the project using its own
456 services, employees, and equipment. The public notice must be
457 published at least 21 days before the date of the public meeting
458 at which the governing board takes final action. The notice must
459 identify the project, the components and scope of the work, and
460 the estimated cost of the project fully accounting for all costs
461 associated with performing and completing the work, including
462 employee compensation and benefits, equipment cost and
463 maintenance, insurance costs, and the cost of direct materials
464 to be used in the construction of the project, including
465 materials purchased by the local government, and other direct
466 costs, plus a factor of 20 percent for management, overhead, and
467 other indirect costs. The notice must specify that the purpose
468 for the public meeting is to consider whether it is in the
469 public’s best interest to perform the project using the local
470 government’s own services, employees, and equipment. Upon
471 publication of the public notice and for 21 days thereafter, the
472 local government shall make available for public inspection,
473 during normal business hours and at a location specified in the
474 public notice, a detailed itemization of each component of the
475 estimated cost of the project and documentation explaining the
476 methodology used to arrive at the estimated cost. At the public
477 meeting, any qualified contractor or vendor who could have been
478 awarded the project had the project been competitively bid must
479 shall be provided with a reasonable opportunity to present
480 evidence to the governing board regarding the project and the
481 accuracy of the local government’s estimated cost of the
482 project. In deciding whether it is in the public’s best interest
483 for the local government to perform a project using its own
484 services, employees, and equipment, the governing board shall
485 must consider the estimated cost of the project fully accounting
486 for all costs associated with performing and completing the
487 work, including employee compensation and benefits, equipment
488 cost and maintenance, insurance costs, and the cost of direct
489 materials to be used in the construction of the project,
490 including materials purchased by the local government, and other
491 direct costs, plus a factor of 20 percent for management,
492 overhead, and other indirect costs, and the accuracy of the
493 estimated cost in light of any other information that may be
494 presented at the public meeting and whether the project requires
495 an increase in the number of government employees or an increase
496 in capital expenditures for public facilities, equipment, or
497 other capital assets. The local government may further consider
498 the impact on local economic development, the impact on small
499 and minority business owners, the impact on state and local tax
500 revenues, whether the private sector contractors provide health
501 insurance and other benefits equivalent to those provided by the
502 local government, and any other factor relevant to what is in
503 the public’s best interest. A report summarizing completed
504 projects constructed by the local government pursuant to this
505 subsection must shall be publicly reviewed each year by the
506 governing body of the local government. The report must shall
507 detail the estimated costs and the actual costs of the projects
508 constructed by the local government pursuant to this subsection.
509 The report must shall be made available for review by the
510 public. The Auditor General shall review the report as part of
511 his or her audits of local governments.
512 10. If the governing board of the local government
513 determines upon consideration of specific substantive criteria
514 that it is in the best interest of the local government to award
515 the project to an appropriately licensed private sector
516 contractor pursuant to administrative procedures established by
517 and expressly set forth in a charter, an ordinance, or a
518 resolution of the local government adopted before July 1, 1994.
519 The criteria and procedures must be set out in the charter,
520 ordinance, or resolution and must be applied uniformly by the
521 local government to avoid awarding a project in an arbitrary or
522 capricious manner. This exception applies only if all of the
523 following occur:
524 a. The governing board of the local government, after
525 public notice, conducts a public meeting under s. 286.011 and
526 finds by a two-thirds vote of the governing board that it is in
527 the public’s best interest to award the project according to the
528 criteria and procedures established by charter, ordinance, or
529 resolution. The public notice must be published at least 14 days
530 before the date of the public meeting at which the governing
531 board takes final action. The notice must identify the project,
532 the estimated cost of the project, and specify that the purpose
533 for the public meeting is to consider whether it is in the
534 public’s best interest to award the project using the criteria
535 and procedures permitted by the preexisting charter, ordinance,
536 or resolution.
537 b. The project is to be awarded by any method other than a
538 competitive selection process, and the governing board finds
539 evidence that:
540 (I) There is one appropriately licensed contractor who is
541 uniquely qualified to undertake the project because that
542 contractor is currently under contract to perform work that is
543 affiliated with the project; or
544 (II) The time to competitively award the project will
545 jeopardize the funding for the project, materially increase the
546 cost of the project, or create an undue hardship on the public
547 health, safety, or welfare.
548 c. The project is to be awarded by any method other than a
549 competitive selection process, and the published notice clearly
550 specifies the ordinance or resolution by which the private
551 sector contractor will be selected and the criteria to be
552 considered.
553 d. The project is to be awarded by a method other than a
554 competitive selection process, and the architect or engineer of
555 record has provided a written recommendation that the project be
556 awarded to the private sector contractor without competitive
557 selection, and the consideration by, and the justification of,
558 the government body are documented, in writing, in the project
559 file and are presented to the governing board prior to the
560 approval required in this paragraph.
561 11. To projects subject to chapter 336.
562 Section 10. Subsections (18) and (19) of section 287.012,
563 Florida Statutes, are amended to read:
564 287.012 Definitions.—As used in this part, the term:
565 (18) “Minority business enterprise” has the same meaning as
566 provided in s. 288.703.
567 (19) “Office” means the Office of Supplier Development
568 Diversity of the Department of Management Services.
569 Section 11. Paragraphs (a) and (c) of subsection (2) and
570 paragraphs (b) and (c) of subsection (3) of section 287.042,
571 Florida Statutes, are amended to read:
572 287.042 Powers, duties, and functions.—The department shall
573 have the following powers, duties, and functions:
574 (2)(a) To establish purchasing agreements and procure state
575 term contracts for commodities and contractual services,
576 pursuant to s. 287.057, under which state agencies shall, and
577 eligible users may, make purchases pursuant to s. 287.056. The
578 department may restrict purchases from some term contracts to
579 state agencies only for those term contracts where the inclusion
580 of other governmental entities will have an adverse effect on
581 competition or to those federal facilities located in this
582 state. In such planning or purchasing the Office of Supplier
583 Diversity may monitor to ensure that opportunities are afforded
584 for contracting with minority business enterprises. The
585 department, for state term contracts, and all agencies, for
586 multiyear contractual services or term contracts, shall explore
587 reasonable and economical means to utilize certified minority
588 business enterprises. Purchases by any county, municipality,
589 private nonprofit community transportation coordinator
590 designated pursuant to chapter 427, while conducting business
591 related solely to the Commission for the Transportation
592 Disadvantaged, or other local public agency under the provisions
593 in the state purchasing contracts, and purchases, from the
594 corporation operating the correctional work programs, of
595 products or services that are subject to paragraph (1)(f), are
596 exempt from the competitive solicitation requirements otherwise
597 applying to their purchases.
598 (c) Any person who files an action protesting a decision or
599 intended decision pertaining to contracts administered by the
600 department, a water management district, or an agency pursuant
601 to s. 120.57(3)(b) must shall post with the department, the
602 water management district, or the agency at the time of filing
603 the formal written protest a bond payable to the department, the
604 water management district, or agency in an amount equal to 1
605 percent of the estimated contract amount. For protests of
606 decisions or intended decisions pertaining to exceptional
607 purchases, the bond must shall be in an amount equal to 1
608 percent of the estimated contract amount for the exceptional
609 purchase. The estimated contract amount must shall be based upon
610 the contract price submitted by the protestor or, if no contract
611 price was submitted, the department, water management district,
612 or agency must shall estimate the contract amount based on
613 factors including, but not limited to, the price of previous or
614 existing contracts for similar commodities or contractual
615 services, the amount appropriated by the Legislature for the
616 contract, or the fair market value of similar commodities or
617 contractual services. The agency shall provide the estimated
618 contract amount to the vendor within 72 hours, excluding
619 Saturdays, Sundays, and state holidays, after the filing of the
620 notice of protest by the vendor. The estimated contract amount
621 is not subject to protest pursuant to s. 120.57(3). The bond is
622 shall be conditioned upon the payment of all costs and charges
623 that are adjudged against the protestor in the administrative
624 hearing in which the action is brought and in any subsequent
625 appellate court proceeding. In lieu of a bond, the department,
626 the water management district, or agency may, in either case,
627 accept a cashier’s check, official bank check, or money order in
628 the amount of the bond. If, after completion of the
629 administrative hearing process and any appellate court
630 proceedings, the department, water management district, or
631 agency prevails, it shall recover all costs and charges which
632 must shall be included in the final order or judgment, excluding
633 attorney attorney’s fees. This section shall not apply to
634 protests filed by the Office of Supplier Diversity. Upon payment
635 of such costs and charges by the protestor, the bond, cashier’s
636 check, official bank check, or money order must shall be
637 returned to the protestor. If, after the completion of the
638 administrative hearing process and any appellate court
639 proceedings, the protestor prevails, the protestor shall recover
640 from the department, water management district, or agency all
641 costs and charges which must shall be included in the final
642 order or judgment, excluding attorney attorney’s fees.
643 (3) To establish a system of coordinated, uniform
644 procurement policies, procedures, and practices to be used by
645 agencies in acquiring commodities and contractual services,
646 which must shall include, but not be limited to:
647 (b)1. Development of procedures for advertising
648 solicitations. These procedures must provide for electronic
649 posting of solicitations for at least 10 days before the date
650 set for receipt of bids, proposals, or replies, unless the
651 department or other agency determines in writing that a shorter
652 period of time is necessary to avoid harming the interests of
653 the state. The Office of Supplier Diversity may consult with the
654 department regarding the development of solicitation
655 distribution procedures to ensure that maximum distribution is
656 afforded to certified minority business enterprises as defined
657 in s. 288.703.
658 2. Development of procedures for electronic posting. The
659 department shall designate a centralized website on the Internet
660 for the department and other agencies to electronically post
661 solicitations, decisions or intended decisions, and other
662 matters relating to procurement.
663 (c) Development of procedures for the receipt and opening
664 of bids, proposals, or replies by an agency. Such procedures
665 shall provide the Office of Supplier Diversity an opportunity to
666 monitor and ensure that the contract award is consistent with
667 the requirements of s. 287.09451.
668 Section 12. Paragraph (d) of subsection (3) and paragraph
669 (b) of subsection (4) of section 287.055, Florida Statutes, are
670 amended to read:
671 287.055 Acquisition of professional architectural,
672 engineering, landscape architectural, or surveying and mapping
673 services; definitions; procedures; contingent fees prohibited;
674 penalties.—
675 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—
676 (d) Each agency shall evaluate professional services,
677 including capabilities, adequacy of personnel, past record,
678 experience, whether the firm is a certified minority business
679 enterprise as defined by the Florida Small and Minority Business
680 Assistance Act, and other factors determined by the agency as to
681 be applicable to its particular requirements. When securing
682 professional services, an agency must endeavor to meet the
683 minority business enterprise procurement goals under s.
684 287.09451.
685 (4) COMPETITIVE SELECTION.—
686 (b) The agency shall select in order of preference no fewer
687 than three firms deemed to be the most highly qualified to
688 perform the required services. In determining whether a firm is
689 qualified, the agency shall consider such factors as the ability
690 of professional personnel; whether a firm is a certified
691 minority business enterprise; past performance; willingness to
692 meet time and budget requirements; location; recent, current,
693 and projected workloads of the firms; and the volume of work
694 previously awarded to each firm by the agency, with the object
695 of effecting an equitable distribution of contracts among
696 qualified firms, provided such distribution does not violate the
697 principle of selection of the most highly qualified firms. The
698 agency may request, accept, and consider proposals for the
699 compensation to be paid under the contract only during
700 competitive negotiations under subsection (5).
701 Section 13. Subsections (7), (8), (12), (14), and (18) of
702 section 287.057, Florida Statutes, are amended to read:
703 287.057 Procurement of commodities or contractual
704 services.—
705 (7) Upon issuance of any solicitation, an agency shall,
706 upon request by the department, forward to the department one
707 copy of each solicitation for all commodity and contractual
708 services purchases in excess of the threshold amount provided in
709 s. 287.017 for CATEGORY TWO. An agency shall also, upon request,
710 furnish a copy of all competitive-solicitation tabulations. The
711 Office of Supplier Diversity may also request from the agencies
712 any information submitted to the department pursuant to this
713 subsection.
714 (8)(a) In order to strive to meet the minority business
715 enterprise procurement goals set forth in s. 287.09451, an
716 agency may reserve any contract for competitive solicitation
717 only among certified minority business enterprises. Agencies
718 shall review all their contracts each fiscal year and shall
719 determine which contracts may be reserved for solicitation only
720 among certified minority business enterprises. This reservation
721 may only be used when it is determined, by reasonable and
722 objective means, before the solicitation that there are capable,
723 qualified certified minority business enterprises available to
724 submit a bid, proposal, or reply on a contract to provide for
725 effective competition. The Office of Supplier Diversity shall
726 consult with any agency in reaching such determination when
727 deemed appropriate.
728 (b) Before a contract may be reserved for solicitation only
729 among certified minority business enterprises, the agency head
730 must find that such a reservation is in the best interests of
731 the state. All determinations shall be subject to s.
732 287.09451(5). Once a decision has been made to reserve a
733 contract, but before sealed bids, proposals, or replies are
734 requested, the agency shall estimate what it expects the amount
735 of the contract to be, based on the nature of the services or
736 commodities involved and their value under prevailing market
737 conditions. If all the sealed bids, proposals, or replies
738 received are over this estimate, the agency may reject the bids,
739 proposals, or replies and request new ones from certified
740 minority business enterprises, or the agency may reject the
741 bids, proposals, or replies and reopen the bidding to all
742 eligible vendors.
743 (c) All agencies shall consider the use of price
744 preferences of up to 10 percent, weighted preference formulas,
745 or other preferences for vendors as determined appropriate
746 pursuant to guidelines established in accordance with s.
747 287.09451(4) to increase the participation of minority business
748 enterprises.
749 (d) All agencies shall avoid any undue concentration of
750 contracts or purchases in categories of commodities or
751 contractual services in order to meet the minority business
752 enterprise purchasing goals in s. 287.09451.
753 (12) If two equal responses to a solicitation or a request
754 for quote are received and one response is from a certified
755 minority business enterprise, the agency shall enter into a
756 contract with the certified minority business enterprise.
757 (12)(14) Contracts for commodities or contractual services
758 may be renewed for a period that may not exceed 3 years or the
759 term of the original contract, whichever is longer. Renewal of a
760 contract for commodities or contractual services must be in
761 writing and is subject to the same terms and conditions set
762 forth in the initial contract and any written amendments signed
763 by the parties. If the commodity or contractual service is
764 purchased as a result of the solicitation of bids, proposals, or
765 replies, the price of the commodity or contractual service to be
766 renewed must be specified in the bid, proposal, or reply, except
767 that an agency may negotiate lower pricing. A renewal contract
768 may not include any compensation for costs associated with the
769 renewal. Renewals are contingent upon satisfactory performance
770 evaluations by the agency and subject to the availability of
771 funds. Exceptional purchase contracts pursuant to paragraphs
772 (3)(a) and (c) may not be renewed. With the exception of
773 subsection (10) (11), if a contract amendment results in a
774 longer contract term or increased payments, a state agency may
775 not renew or amend a contract for the outsourcing of a service
776 or activity that has an original term value exceeding $5 million
777 before submitting a written report concerning contract
778 performance to the Governor, the President of the Senate, and
779 the Speaker of the House of Representatives at least 90 days
780 before execution of the renewal or amendment.
781 (16)(18) Any person who supervises contract administrators
782 or contract or grant managers that meet criteria for
783 certification in subsection (13) (15) shall annually complete
784 public procurement training for supervisors within 12 months
785 after appointment to the supervisory position. The department is
786 responsible for establishing and disseminating the training
787 course content required for supervisors.
788 Section 14. Paragraph (c) of subsection (10) of section
789 287.059, Florida Statutes, is amended to read:
790 287.059 Private attorney services.—
791 (10) Agencies are encouraged to use the following criteria
792 when selecting outside firms for attorney services:
793 (c) The firm’s minority status.
794 Section 15. Section 287.093, Florida Statutes, is repealed.
795 Section 16. Section 287.0931, Florida Statutes, is
796 repealed.
797 Section 17. Section 287.0943, Florida Statutes, is
798 repealed.
799 Section 18. Section 287.09431, Florida Statutes, is
800 repealed.
801 Section 19. Section 287.09451, Florida Statutes, is amended
802 to read:
803 287.09451 Office of Supplier Development Diversity; powers,
804 duties, and functions.—
805 (1) The Legislature finds that there is evidence of a
806 systematic pattern of past and continuing racial discrimination
807 against minority business enterprises and a disparity in the
808 availability and use of minority business enterprises in the
809 state procurement system. It is determined to be a compelling
810 state interest to rectify such discrimination and disparity.
811 Based upon statistical data profiling this discrimination, the
812 Legislature has enacted race-conscious and gender-conscious
813 remedial programs to ensure minority participation in the
814 economic life of the state, in state contracts for the purchase
815 of commodities and services, and in construction contracts. The
816 purpose and intent of this section is to increase participation
817 by minority business enterprises accomplished by encouraging the
818 use of minority business enterprises and the entry of new and
819 diversified minority business enterprises into the marketplace.
820 (2) The Office of Supplier Development Diversity is
821 established within the Department of Management Services to
822 assist Florida-based small minority business enterprises in
823 becoming suppliers of commodities, services, and construction to
824 state government.
825 (2)(3) The secretary shall appoint an executive director
826 for the Office of Supplier Development Diversity, who serves
827 shall serve at the pleasure of the secretary.
828 (3)(4) The Office of Supplier Development has Diversity
829 shall have the following powers, duties, and functions:
830 (a) To adopt rules to determine what constitutes a “good
831 faith effort” for purposes of state agency compliance with the
832 minority business enterprise procurement goals set forth in s.
833 287.042. Factors which shall be considered by the Minority
834 Business Enterprise Assistance Office in determining good faith
835 effort shall include, but not be limited to:
836 1. Whether the agency scheduled presolicitation or prebid
837 meetings for the purpose of informing minority business
838 enterprises of contracting and subcontracting opportunities.
839 2. Whether the contractor advertised in general
840 circulation, trade association, or minority-focus media
841 concerning the subcontracting opportunities.
842 3. Whether the agency effectively used services and
843 resources of available minority community organizations;
844 minority contractors’ groups; local, state, and federal minority
845 business assistance offices; and other organizations that
846 provide assistance in the recruitment and placement of minority
847 business enterprises or minority persons.
848 4. Whether the agency provided written notice to a
849 reasonable number of minority business enterprises that their
850 interest in contracting with the agency was being solicited in
851 sufficient time to allow the minority business enterprises to
852 participate effectively.
853 (b) To adopt rules to determine what constitutes a “good
854 faith effort” for purposes of contractor compliance with
855 contractual requirements relating to the use of services or
856 commodities of a minority business enterprise under s.
857 287.094(2). Factors which shall be considered by the Office of
858 Supplier Diversity in determining whether a contractor has made
859 good faith efforts shall include, but not be limited to:
860 1. Whether the contractor attended any presolicitation or
861 prebid meetings that were scheduled by the agency to inform
862 minority business enterprises of contracting and subcontracting
863 opportunities.
864 2. Whether the contractor advertised in general
865 circulation, trade association, or minority-focus media
866 concerning the subcontracting opportunities.
867 3. Whether the contractor provided written notice to a
868 reasonable number of specific minority business enterprises that
869 their interest in the contract was being solicited in sufficient
870 time to allow the minority business enterprises to participate
871 effectively.
872 4. Whether the contractor followed up initial solicitations
873 of interest by contacting minority business enterprises or
874 minority persons to determine with certainty whether the
875 minority business enterprises or minority persons were
876 interested.
877 5. Whether the contractor selected portions of the work to
878 be performed by minority business enterprises in order to
879 increase the likelihood of meeting the minority business
880 enterprise procurement goals, including, where appropriate,
881 breaking down contracts into economically feasible units to
882 facilitate minority business enterprise participation.
883 6. Whether the contractor provided interested minority
884 business enterprises or minority persons with adequate
885 information about the plans, specifications, and requirements of
886 the contract or the availability of jobs.
887 7. Whether the contractor negotiated in good faith with
888 interested minority business enterprises or minority persons,
889 not rejecting minority business enterprises or minority persons
890 as unqualified without sound reasons based on a thorough
891 investigation of their capabilities.
892 8. Whether the contractor effectively used the services of
893 available minority community organizations; minority
894 contractors’ groups; local, state, and federal minority business
895 assistance offices; and other organizations that provide
896 assistance in the recruitment and placement of minority business
897 enterprises or minority persons.
898 (c) To adopt rules and do all things necessary or
899 convenient to guide all state agencies toward making
900 expenditures for commodities, contractual services,
901 construction, and architectural and engineering services with
902 certified minority business enterprises in accordance with the
903 minority business enterprise procurement goals set forth in s.
904 287.042.
905 (d) To monitor the degree to which agencies procure
906 services, commodities, and construction from minority business
907 enterprises in conjunction with the Department of Financial
908 Services as specified in s. 17.11.
909 (e) To receive and disseminate information:
910 1. For the continued growth and success of Florida’s small
911 businesses, which may include planning, hosting, and supporting
912 informational events targeted to Florida-based enterprises
913 relative to procurement opportunities, availability of minority
914 business enterprises, and technical assistance.
915 2. Related to procurement opportunities for Florida-based
916 small business enterprises, providing technical assistance as
917 needed.
918 (b) To create electronic certification and recertification
919 processes for veteran-owned business enterprises. The initial
920 certification is valid for 2 years and must be recertified
921 biennially thereafter. The benefits of certification must be
922 clearly posted on the department’s website. To be eligible for
923 certification and recertification as a veteran-owned business
924 enterprise, a business must meet the requirements of s. 295.187.
925 (c)(f) To advise and provide education or other resources
926 to agencies on methods and techniques for achieving procurement
927 objectives that increase the use of Florida-based enterprises in
928 state and local government procurement contracts.
929 (d) To adopt rules, establish processes, and prescribe and
930 publish forms as necessary to carry out the duties of the office
931 provided in this section.
932 (g) To provide a central minority business enterprise
933 certification process which includes independent verification of
934 status as a minority business enterprise.
935 (h) To develop procedures to investigate complaints against
936 minority business enterprises or contractors alleged to violate
937 any provision related to this section or s. 287.0943, that may
938 include visits to worksites or business premises, and to refer
939 all information on businesses suspected of misrepresenting
940 minority status to the Department of Management Services for
941 investigation. When an investigation is completed and there is
942 reason to believe that a violation has occurred, the matter
943 shall be referred to the office of the Attorney General,
944 Department of Legal Affairs, for prosecution.
945 (i) To maintain a directory of all minority business
946 enterprises which have been certified and provide this
947 information to any agency or business requesting it.
948 (j) To encourage all firms which do more than $1 million in
949 business with the state within a 12-month period to develop,
950 implement, and submit to this office a minority business
951 development plan.
952 (k) To communicate on a monthly basis with the Small and
953 Minority Business Advisory Council to keep the council informed
954 on issues relating to minority enterprise procurement.
955 (l) To serve as an advocate for minority business
956 enterprises, and coordinate with the small and minority business
957 ombudsman, as defined in s. 288.703, which duties shall include:
958 1. Ensuring that agencies supported by state funding
959 effectively target the delivery of services and resources, as
960 related to minority business enterprises.
961 2. Establishing standards within each industry with which
962 the state government contracts on how agencies and contractors
963 may provide the maximum practicable opportunity for minority
964 business enterprises.
965 3. Assisting agencies and contractors by providing outreach
966 to minority businesses, by specifying and monitoring technical
967 and managerial competence for minority business enterprises, and
968 by consulting in planning of agency procurement to determine how
969 best to provide opportunities for minority business enterprises.
970 4. Integrating technical and managerial assistance for
971 minority business enterprises with government contracting
972 opportunities.
973 (m) To certify minority business enterprises, as defined in
974 s. 288.703, and as specified in ss. 287.0943 and 287.09431, and
975 shall recertify such minority businesses at least once every 2
976 years. Minority business enterprises must be recertified at
977 least once every 2 years. Such certifications may include an
978 electronic signature.
979 (n)1. To develop procedures to be used by an agency in
980 identifying commodities, contractual services, architectural and
981 engineering services, and construction contracts, except those
982 architectural, engineering, construction, or other related
983 services or contracts subject to the provisions of chapter 339,
984 that could be provided by minority business enterprises. Each
985 agency is encouraged to spend 21 percent of the moneys actually
986 expended for construction contracts, 25 percent of the moneys
987 actually expended for architectural and engineering contracts,
988 24 percent of the moneys actually expended for commodities, and
989 50.5 percent of the moneys actually expended for contractual
990 services during the previous fiscal year, except for the state
991 university construction program which shall be based upon public
992 education capital outlay projections for the subsequent fiscal
993 year, and reported to the Legislature pursuant to s. 216.023,
994 for the purpose of entering into contracts with certified
995 minority business enterprises as defined in s. 288.703, or
996 approved joint ventures. However, in the event of budget
997 reductions pursuant to s. 216.221, the base amounts may be
998 adjusted to reflect such reductions. The overall spending goal
999 for each industry category shall be subdivided as follows:
1000 a. For construction contracts: 4 percent for black
1001 Americans, 6 percent for Hispanic-Americans, and 11 percent for
1002 American women.
1003 b. For architectural and engineering contracts: 9 percent
1004 for Hispanic-Americans, 1 percent for Asian-Americans, and 15
1005 percent for American women.
1006 c. For commodities: 2 percent for black Americans, 4
1007 percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
1008 0.5 percent for Native Americans, and 17 percent for American
1009 women.
1010 d. For contractual services: 6 percent for black Americans,
1011 7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
1012 0.5 percent for Native Americans, and 36 percent for American
1013 women.
1014 2. For the purposes of commodities contracts for the
1015 purchase of equipment to be used in the construction and
1016 maintenance of state transportation facilities involving the
1017 Department of Transportation, the terms “minority business
1018 enterprise” and “minority person” have the same meanings as
1019 provided in s. 288.703. In order to ensure that the goals
1020 established under this paragraph for contracting with certified
1021 minority business enterprises are met, the department, with the
1022 assistance of the Office of Supplier Diversity, shall make
1023 recommendations to the Legislature on revisions to the goals,
1024 based on an updated statistical analysis, at least once every 5
1025 years. Such recommendations shall be based on statistical data
1026 indicating the availability of and disparity in the use of
1027 minority businesses contracting with the state.
1028 3. In determining the base amounts for assessing compliance
1029 with this paragraph, the Office of Supplier Diversity may
1030 develop, by rule, guidelines for all agencies to use in
1031 establishing such base amounts. These rules must include, but
1032 are not limited to, guidelines for calculation of base amounts,
1033 a deadline for the agencies to submit base amounts, a deadline
1034 for approval of the base amounts by the Office of Supplier
1035 Diversity, and procedures for adjusting the base amounts as a
1036 result of budget reductions made pursuant to s. 216.221.
1037 4. To determine guidelines for the use of price
1038 preferences, weighted preference formulas, or other preferences,
1039 as appropriate to the particular industry or trade, to increase
1040 the participation of minority businesses in state contracting.
1041 These guidelines shall include consideration of:
1042 a. Size and complexity of the project.
1043 b. The concentration of transactions with minority business
1044 enterprises for the commodity or contractual services in
1045 question in prior agency contracting.
1046 c. The specificity and definition of work allocated to
1047 participating minority business enterprises.
1048 d. The capacity of participating minority business
1049 enterprises to complete the tasks identified in the project.
1050 e. The available pool of minority business enterprises as
1051 prime contractors, either alone or as partners in an approved
1052 joint venture that serves as the prime contractor.
1053 5. To determine guidelines for use of joint ventures to
1054 meet minority business enterprises spending goals. For purposes
1055 of this section, “joint venture” means any association of two or
1056 more business concerns to carry out a single business enterprise
1057 for profit, for which purpose they combine their property,
1058 capital, efforts, skills, and knowledge. The guidelines shall
1059 allow transactions with joint ventures to be eligible for credit
1060 against the minority business enterprise goals of an agency when
1061 the contracting joint venture demonstrates that at least one
1062 partner to the joint venture is a certified minority business
1063 enterprise as defined in s. 288.703, and that such partner is
1064 responsible for a clearly defined portion of the work to be
1065 performed, and shares in the ownership, control, management,
1066 responsibilities, risks, and profits of the joint venture. Such
1067 demonstration shall be by verifiable documents and sworn
1068 statements and may be reviewed by the Office of Supplier
1069 Diversity at or before the time a contract bid, proposal, or
1070 reply is submitted. An agency may count toward its minority
1071 business enterprise goals a portion of the total dollar amount
1072 of a contract equal to the percentage of the ownership and
1073 control held by the qualifying certified minority business
1074 partners in the contracting joint venture, so long as the joint
1075 venture meets the guidelines adopted by the office.
1076 (o)1. To establish a system to record and measure the use
1077 of certified minority business enterprises in state contracting.
1078 This system shall maintain information and statistics on
1079 certified minority business enterprise participation, awards,
1080 dollar volume of expenditures and agency goals, and other
1081 appropriate types of information to analyze progress in the
1082 access of certified minority business enterprises to state
1083 contracts and to monitor agency compliance with this section.
1084 Such reporting must include, but is not limited to, the
1085 identification of all subcontracts in state contracting by
1086 dollar amount and by number of subcontracts and the
1087 identification of the utilization of certified minority business
1088 enterprises as prime contractors and subcontractors by dollar
1089 amounts of contracts and subcontracts, number of contracts and
1090 subcontracts, minority status, industry, and any conditions or
1091 circumstances that significantly affected the performance of
1092 subcontractors. Agencies shall report their compliance with the
1093 requirements of this reporting system at least annually and at
1094 the request of the office. All agencies shall cooperate with the
1095 office in establishing this reporting system. Except in
1096 construction contracting, all agencies shall review contracts
1097 costing in excess of CATEGORY FOUR as defined in s. 287.017 to
1098 determine if such contracts could be divided into smaller
1099 contracts to be separately solicited and awarded, and shall,
1100 when economical, offer such smaller contracts to encourage
1101 minority participation.
1102 2. To report agency compliance with the provisions of
1103 subparagraph 1. for the preceding fiscal year to the Governor
1104 and Cabinet, the President of the Senate, and the Speaker of the
1105 House of Representatives on or before February 1 of each year.
1106 The report must contain, at a minimum, the following:
1107 a. Total expenditures of each agency by industry.
1108 b. The dollar amount and percentage of contracts awarded to
1109 certified minority business enterprises by each state agency.
1110 c. The dollar amount and percentage of contracts awarded
1111 indirectly to certified minority business enterprises as
1112 subcontractors by each state agency.
1113 d. The total dollar amount and percentage of contracts
1114 awarded to certified minority business enterprises, whether
1115 directly or indirectly, as subcontractors.
1116 e. A statement and assessment of good faith efforts taken
1117 by each state agency.
1118 f. A status report of agency compliance with subsection
1119 (6), as determined by the Minority Business Enterprise Office.
1120 (5)(a) Each agency shall, at the time the specifications or
1121 designs are developed or contract sizing is determined for any
1122 proposed procurement costing in excess of CATEGORY FOUR, as
1123 defined in s. 287.017, forward a notice to the Office of
1124 Supplier Diversity of the proposed procurement and any
1125 determination on the designs of specifications of the proposed
1126 procurement that impose requirements on prospective vendors, no
1127 later than 30 days prior to the issuance of a solicitation,
1128 except that this provision shall not apply to emergency
1129 acquisitions. The 30-day notice period shall not toll the time
1130 for any other procedural requirements.
1131 (b) If the Office of Supplier Diversity determines that the
1132 proposed procurement will not likely allow opportunities for
1133 minority business enterprises, the office may, within 20 days
1134 after it receives the information specified in paragraph (a),
1135 propose the implementation of minority business enterprise
1136 utilization provisions or submit alternative procurement methods
1137 that would significantly increase minority business enterprise
1138 contracting opportunities.
1139 (c) Whenever the agency and the Office of Supplier
1140 Diversity disagree, the matter shall be submitted for
1141 determination to the head of the agency or the senior-level
1142 official designated pursuant to this section as liaison for
1143 minority business enterprise issues.
1144 (d) If the proposed procurement proceeds to competitive
1145 solicitation, the office is hereby granted standing to protest,
1146 pursuant to this section, in a timely manner, any contract award
1147 during competitive solicitation for contractual services and
1148 construction contracts that fail to include minority business
1149 enterprise participation, if any responsible and responsive
1150 vendor has demonstrated the ability to achieve any level of
1151 participation, or, any contract award for commodities where, a
1152 reasonable and economical opportunity to reserve a contract,
1153 statewide or district level, for minority participation was not
1154 executed or, an agency failed to adopt an applicable preference
1155 for minority participation. The bond requirement shall be waived
1156 for the office purposes of this subsection.
1157 (e) An agency may presume that a vendor offering no
1158 minority participation has not made a good faith effort when
1159 other vendors offer minority participation of firms listed as
1160 relevant to the agency’s purchasing needs in the pertinent
1161 locality or statewide to complete the project.
1162 (f) Paragraph (a) will not apply when the Office of
1163 Supplier Diversity determines that an agency has established a
1164 work plan to allow advance consultation and planning with
1165 minority business enterprises and where such plan clearly
1166 demonstrates:
1167 1. A high level of advance planning by the agency with
1168 minority business enterprises.
1169 2. A high level of accessibility, knowledge, and experience
1170 by minority business enterprises in the agency’s contract
1171 decisionmaking process.
1172 3. A high quality of agency monitoring and enforcement of
1173 internal implementation of minority business utilization
1174 provisions.
1175 4. A high quality of agency monitoring and enforcement of
1176 contractor utilization of minority business enterprises,
1177 especially tracking subcontractor data, and ensuring the
1178 integrity of subcontractor reporting.
1179 5. A high quality of agency outreach, agency networking of
1180 major vendors with minority vendors, and innovation in
1181 techniques to improve utilization of minority business
1182 enterprises.
1183 6. Substantial commitment, sensitivity, and proactive
1184 attitude by the agency head and among the agency minority
1185 business staff.
1186 (6) Each state agency shall coordinate its minority
1187 business enterprise procurement activities with the Office of
1188 Supplier Diversity. At a minimum, each agency shall:
1189 (a) Adopt a minority business enterprise utilization plan
1190 for review and approval by the Office of Supplier Diversity
1191 which should require meaningful and useful methods to attain the
1192 legislative intent in assisting minority business enterprises.
1193 (b) Designate a senior-level employee in the agency as a
1194 minority enterprise assistance officer, responsible for
1195 overseeing the agency’s minority business utilization
1196 activities, and who is not also charged with purchasing
1197 responsibility. A senior-level agency employee and agency
1198 purchasing officials shall be accountable to the agency head for
1199 the agency’s minority business utilization performance. The
1200 Office of Supplier Diversity shall advise each agency on
1201 compliance performance.
1202 (c) If an agency deviates significantly from its
1203 utilization plan in 2 consecutive or 3 out of 5 total fiscal
1204 years, the Office of Supplier Diversity may review any and all
1205 solicitations and contract awards of the agency as deemed
1206 necessary until such time as the agency meets its utilization
1207 plan.
1208 Section 20. Section 287.0947, Florida Statutes, is
1209 repealed.
1210 Section 21. Paragraph (b) of subsection (4) of section
1211 288.001, Florida Statutes, is amended to read:
1212 288.001 The Florida Small Business Development Center
1213 Network.—
1214 (4) STATEWIDE ADVISORY BOARD.—
1215 (b) The statewide advisory board shall consist of 19
1216 members from across this the state. At least 12 members must be
1217 representatives of the private sector who are knowledgeable of
1218 the needs and challenges of small businesses. The members must
1219 represent various segments and industries of the economy in this
1220 state and must bring knowledge and skills to the statewide
1221 advisory board which would enhance the board’s collective
1222 knowledge of small business assistance needs and challenges.
1223 Minority and gender representation must be considered when
1224 making appointments to the board. The board must include the
1225 following members:
1226 1. Three members appointed from the private sector by the
1227 President of the Senate.
1228 2. Three members appointed from the private sector by the
1229 Speaker of the House of Representatives.
1230 3. Three members appointed from the private sector by the
1231 Governor.
1232 4. Three members appointed from the private sector by the
1233 network’s statewide director.
1234 5. One member appointed by the host institution.
1235 6. The Secretary of Commerce or his or her designee.
1236 7. The Chief Financial Officer or his or her designee.
1237 8. The President of the Florida Chamber of Commerce or his
1238 or her designee.
1239 9. The Small Business Development Center Project Officer
1240 from the U.S. Small Business Administration at the South Florida
1241 District Office or his or her designee.
1242 10. The executive director of the National Federation of
1243 Independent Businesses, Florida, or his or her designee.
1244 11. The executive director of the Florida United Business
1245 Association or his or her designee.
1246 Section 22. Section 288.1167, Florida Statutes, is
1247 repealed.
1248 Section 23. Paragraph (b) of subsection (2) of section
1249 288.1229, Florida Statutes, is amended to read:
1250 288.1229 Promotion and development of sports-related
1251 industries and amateur athletics; direct-support organization
1252 established; powers and duties.—
1253 (2) The Florida Sports Foundation must:
1254 (b) Be governed by a board of directors, which must consist
1255 of up to 15 members appointed by the Governor. In making
1256 appointments, the Governor must consider a potential member’s
1257 background in community service and sports activism in, and
1258 financial support of, the sports industry, professional sports,
1259 or organized amateur athletics. Members must be residents of the
1260 state and highly knowledgeable about or active in professional
1261 or organized amateur sports.
1262 1. The board must contain representatives of all
1263 geographical regions of the state and must represent ethnic and
1264 gender diversity.
1265 2. The terms of office of the members are shall be 4 years.
1266 A No member may not serve more than two consecutive terms. The
1267 Governor may remove any member for cause and shall fill all
1268 vacancies that occur.
1269 Section 24. Section 288.124, Florida Statutes, is amended
1270 to read:
1271 288.124 Convention grants program.—The Florida Tourism
1272 Industry Marketing Corporation is authorized to establish a
1273 convention grants program and, pursuant to that program, to
1274 recommend to the department expenditures and contracts with
1275 local governments and nonprofit corporations or organizations
1276 for the purpose of attracting national conferences and
1277 conventions to Florida. Preference shall be given to local
1278 governments and nonprofit corporations or organizations seeking
1279 to attract minority conventions to Florida. Minority conventions
1280 are events that primarily involve minority persons, as defined
1281 in s. 288.703, who are residents or nonresidents of the state.
1282 The Florida Tourism Industry Marketing Corporation shall
1283 establish guidelines governing the award of grants and the
1284 administration of this program. The department has final
1285 approval authority for any grants under this section. The total
1286 annual allocation of funds for this program may shall not exceed
1287 $40,000.
1288 Section 25. Subsection (2) of section 288.7015, Florida
1289 Statutes, is amended to read:
1290 288.7015 Appointment of rules ombudsman; duties.—The
1291 Governor shall appoint a rules ombudsman, as defined in s.
1292 288.703, in the Executive Office of the Governor, for
1293 considering the impact of agency rules on the state’s citizens
1294 and businesses. The duties of the rules ombudsman are to:
1295 (2) Review state agency rules that adversely or
1296 disproportionately impact businesses, particularly those
1297 relating to small and minority businesses.
1298 Section 26. Subsections (1), (3), and (5) of section
1299 288.703, Florida Statutes, are amended to read:
1300 288.703 Definitions.—As used in ss. 288.702-288.706, the
1301 term:
1302 (1) “Certified minority business enterprise” means a
1303 business which has been certified by the certifying organization
1304 or jurisdiction in accordance with s. 287.0943(1) and (2).
1305 (3) “Minority business enterprise” means any small business
1306 concern as defined in subsection (6) which is organized to
1307 engage in commercial transactions, which is domiciled in
1308 Florida, and which is at least 51-percent-owned by minority
1309 persons who are members of an insular group that is of a
1310 particular racial, ethnic, or gender makeup or national origin,
1311 which has been subjected historically to disparate treatment due
1312 to identification in and with that group resulting in an
1313 underrepresentation of commercial enterprises under the group’s
1314 control, and whose management and daily operations are
1315 controlled by such persons. A minority business enterprise may
1316 primarily involve the practice of a profession. Ownership by a
1317 minority person does not include ownership which is the result
1318 of a transfer from a nonminority person to a minority person
1319 within a related immediate family group if the combined total
1320 net asset value of all members of such family group exceeds $1
1321 million. For purposes of this subsection, the term “related
1322 immediate family group” means one or more children under 16
1323 years of age and a parent of such children or the spouse of such
1324 parent residing in the same house or living unit.
1325 (3)(5) “Ombudsman” means an office or individual whose
1326 responsibilities include coordinating with the Office of
1327 Supplier Development Diversity for the interests of and
1328 providing assistance to small and minority business enterprises
1329 in dealing with governmental agencies and in developing
1330 proposals for changes in state agency rules.
1331 Section 27. Section 288.7031, Florida Statutes, is amended
1332 to read:
1333 288.7031 Application of the definition of “small business”
1334 certain definitions.—The definition definitions of “small
1335 business,” “minority business enterprise,” and “certified
1336 minority business enterprise” provided in s. 288.703 applies
1337 apply to the state and all political subdivisions of the state.
1338 Section 28. Paragraph (a) of subsection (1) of section
1339 288.776, Florida Statutes, is amended to read:
1340 288.776 Board of directors; powers and duties.—
1341 (1)(a) The corporation shall have a board of directors
1342 consisting of 15 members representing all geographic areas of
1343 this the state. Minority and gender representation must be
1344 considered when making appointments to the board. The board
1345 membership must include:
1346 1. A representative of the following businesses, all of
1347 which must be registered to do business in this state: a foreign
1348 bank, a state bank, a federal bank, an insurance company
1349 involved in covering trade financing risks, and a small or
1350 medium-sized exporter.
1351 2. The following persons or their designee: the Secretary
1352 of Commerce, the Chief Financial Officer, the Secretary of
1353 State, and a senior official of the United States Department of
1354 Commerce.
1355 Section 29. Paragraph (f) of subsection (1) of section
1356 290.0057, Florida Statutes, is amended to read:
1357 290.0057 Enterprise zone development plan.—
1358 (1) Any application for designation as a new enterprise
1359 zone must be accompanied by a strategic plan adopted by the
1360 governing body of the municipality or county, or the governing
1361 bodies of the county and one or more municipalities together. At
1362 a minimum, the plan must:
1363 (f) Identify the amount of local and private resources that
1364 will be available in the nominated area and the private/public
1365 partnerships to be used, which may include participation by, and
1366 cooperation with, universities, community colleges, small
1367 business development centers, black business investment
1368 corporations, certified development corporations, and other
1369 private and public entities.
1370 Section 30. Paragraph (c) of subsection (3) of section
1371 290.046, Florida Statutes, is amended to read:
1372 290.046 Applications for grants; procedures; requirements.—
1373 (3)
1374 (c) The application’s program impact score, equal
1375 employment opportunity and fair housing score, and communitywide
1376 needs score may take into consideration scoring factors,
1377 including, but not limited to, unemployment, poverty levels,
1378 low-income and moderate-income populations, benefits to low
1379 income and moderate-income residents, use of minority-owned and
1380 woman-owned business enterprises in previous grants, health and
1381 safety issues, and the condition of physical structures.
1382 Section 31. Subsection (3) of section 320.63, Florida
1383 Statutes, is amended to read:
1384 320.63 Application for license; contents.—Any person
1385 desiring to be licensed pursuant to ss. 320.60-320.70 shall make
1386 application therefor to the department upon a form containing
1387 such information as the department requires. The department
1388 shall require, with such application or otherwise and from time
1389 to time, all of the following, which information may be
1390 considered by the department in determining the fitness of the
1391 applicant or licensee to engage in the business for which the
1392 applicant or licensee desires to be licensed:
1393 (3) From each manufacturer, distributor, or importer which
1394 uses utilizes an identical blanket basic agreement for its
1395 dealers or distributors in this state, which agreement comprises
1396 all or any part of the applicant’s or licensee’s agreements with
1397 motor vehicle dealers in this state, a copy of the written
1398 agreement and all supplements thereto, together with a list of
1399 the applicant’s or licensee’s authorized dealers or distributors
1400 and their addresses. The applicant or licensee shall further
1401 notify the department immediately of the appointment of any
1402 additional dealer or distributor. The applicant or licensee
1403 shall annually report to the department on its efforts to add
1404 new minority dealer points, including difficulties encountered
1405 under ss. 320.61-320.70. For purposes of this section “minority”
1406 shall have the same meaning as that given it in the definition
1407 of “minority person” in s. 288.703. Not later than 60 days
1408 before the date a revision or modification to a franchise
1409 agreement is offered uniformly to a licensee’s motor vehicle
1410 dealers in this state, the licensee shall notify the department
1411 of such revision, modification, or addition to the franchise
1412 agreement on file with the department. In no event may a
1413 franchise agreement, or any addendum or supplement thereto, be
1414 offered to a motor vehicle dealer in this state until the
1415 applicant or licensee files an affidavit with the department
1416 acknowledging that the terms or provisions of the agreement, or
1417 any related document, are not inconsistent with, prohibited by,
1418 or contrary to the provisions contained in ss. 320.60-320.70.
1419 Any franchise agreement offered to a motor vehicle dealer in
1420 this state must shall provide that all terms and conditions in
1421 such agreement inconsistent with the law and rules of this state
1422 are of no force and effect.
1423 Section 32. Paragraph (g) of subsection (1) of section
1424 376.84, Florida Statutes, is amended to read:
1425 376.84 Brownfield redevelopment economic incentives.—It is
1426 the intent of the Legislature that brownfield redevelopment
1427 activities be viewed as opportunities to significantly improve
1428 the utilization, general condition, and appearance of these
1429 sites. Different standards than those in place for new
1430 development, as allowed under current state and local laws,
1431 should be used to the fullest extent to encourage the
1432 redevelopment of a brownfield. State and local governments are
1433 encouraged to offer redevelopment incentives for this purpose,
1434 as an ongoing public investment in infrastructure and services,
1435 to help eliminate the public health and environmental hazards,
1436 and to promote the creation of jobs in these areas. Such
1437 incentives may include financial, regulatory, and technical
1438 assistance to persons and businesses involved in the
1439 redevelopment of the brownfield pursuant to this act.
1440 (1) Financial incentives and local incentives for
1441 redevelopment may include, but not be limited to:
1442 (g) Minority business enterprise programs as provided in s.
1443 287.0943.
1444 Section 33. Subsection (5) of section 383.216, Florida
1445 Statutes, is amended to read:
1446 383.216 Community-based prenatal and infant health care.—
1447 (5) The membership of each prenatal and infant health care
1448 coalition shall represent health care providers, the recipient
1449 community, and the community at large; shall represent the
1450 racial, ethnic, and gender composition of the community; and
1451 shall include at least the following:
1452 (a) Consumers of family planning, primary care, or prenatal
1453 care services, at least two of whom are low-income or Medicaid
1454 eligible.
1455 (b) Health care providers, including:
1456 1. County health departments.
1457 2. Migrant and community health centers.
1458 3. Hospitals.
1459 4. Local medical societies.
1460 5. Local health planning organizations.
1461 (c) Local health advocacy interest groups and community
1462 organizations.
1463 (d) County and municipal governments.
1464 (e) Social service organizations.
1465 (f) Local education communities.
1466 Section 34. Section 395.807, Florida Statutes, is repealed.
1467 Section 35. Subsection (24) of section 409.901, Florida
1468 Statutes, is amended to read:
1469 409.901 Definitions; ss. 409.901-409.920.—As used in ss.
1470 409.901-409.920, except as otherwise specifically provided, the
1471 term:
1472 (24) “Minority physician network” means a network of
1473 primary care physicians with experience managing Medicaid or
1474 Medicare recipients that is predominantly owned by minorities as
1475 defined in s. 288.703, which may have a collaborative
1476 partnership with a public college or university and a tax-exempt
1477 charitable corporation.
1478 Section 36. Paragraph (e) of subsection (1) of section
1479 409.920, Florida Statutes, is amended to read:
1480 409.920 Medicaid provider fraud.—
1481 (1) For the purposes of this section, the term:
1482 (e) “Managed care plans” means a health insurer authorized
1483 under chapter 624, an exclusive provider organization authorized
1484 under chapter 627, a health maintenance organization authorized
1485 under chapter 641, a prepaid health plan authorized under this
1486 chapter, a provider service network authorized under this
1487 chapter, a minority physician network authorized under this
1488 chapter, and an emergency department diversion program
1489 authorized under this chapter or the General Appropriations Act,
1490 providing health care services pursuant to a contract with the
1491 Medicaid program.
1492 Section 37. Paragraph (b) of subsection (4) of section
1493 430.502, Florida Statutes, is amended to read:
1494 430.502 Alzheimer’s disease; memory disorder clinics and
1495 day care and respite care programs.—
1496 (4) The department shall develop performance goals that
1497 exceed the minimum performance standards developed under
1498 subsection (3), which goals must be achieved in order for a
1499 memory disorder clinic to be eligible for incentive funding
1500 above the base level, subject to legislative appropriation.
1501 Incentive funding shall be based on criteria including, but not
1502 limited to:
1503 (b) Significant increase in public outreach to low-income
1504 and minority populations.
1505 Section 38. Paragraph (b) of subsection (2) of section
1506 440.45, Florida Statutes, is amended to read:
1507 440.45 Office of the Judges of Compensation Claims.—
1508 (2)
1509 (b) Except as provided in paragraph (c), the Governor shall
1510 appoint a judge of compensation claims from a list of three
1511 persons nominated by a statewide nominating commission. The
1512 statewide nominating commission shall be composed of the
1513 following:
1514 1. Six members, at least one of whom must be a member of a
1515 minority group as defined in s. 288.703, one of each who resides
1516 in each of the territorial jurisdictions of the district courts
1517 of appeal, appointed by the Board of Governors of The Florida
1518 Bar from among The Florida Bar members engaged in the practice
1519 of law. Each member shall be appointed for a 4-year term;
1520 2. Six electors, at least one of whom must be a member of a
1521 minority group as defined in s. 288.703, one of each who resides
1522 in each of the territorial jurisdictions of the district courts
1523 of appeal, appointed by the Governor. Each member shall be
1524 appointed for a 4-year term; and
1525 3. Six electors, at least one of whom must be a member of a
1526 minority group as defined in s. 288.703, one of each who resides
1527 in each of the territorial jurisdictions of the district courts
1528 of appeal, selected and appointed by a majority vote of the
1529 other 10 members of the commission. Each member shall be
1530 appointed for a 4-year term.
1531
1532 A vacancy occurring on the commission must shall be filled by
1533 the original appointing authority for the unexpired balance of
1534 the term. An attorney who appears before any judge of
1535 compensation claims more than four times a year is not eligible
1536 to serve on the statewide nominating commission. The meetings
1537 and determinations of the nominating commission as to the judges
1538 of compensation claims must shall be open to the public.
1539 Section 39. Subsections (1) and (8) of section 445.007,
1540 Florida Statutes, are amended to read:
1541 445.007 Local workforce development boards.—
1542 (1) One local workforce development board shall be
1543 appointed in each designated service delivery area and shall
1544 serve as the local workforce development board pursuant to Pub.
1545 L. No. 113-128. The membership of the local board must be
1546 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
1547 public education or training provider is represented on the
1548 local board, a representative of a private education provider
1549 must also be appointed to the local board. The state board may
1550 waive this requirement if requested by a local board if it is
1551 demonstrated that such representatives do not exist in the
1552 region. The importance of minority and gender representation
1553 shall be considered when making appointments to the local board.
1554 The local board, its committees, subcommittees, and
1555 subdivisions, and other units of the workforce system, including
1556 units that may consist in whole or in part of local governmental
1557 units, may use any method of telecommunications to conduct
1558 meetings, including establishing a quorum through
1559 telecommunications, provided that the public is given proper
1560 notice of the telecommunications meeting and reasonable access
1561 to observe and, when appropriate, participate. Local boards are
1562 subject to chapters 119 and 286 and s. 24, Art. I of the State
1563 Constitution. Each member of a local board who is not otherwise
1564 required to file a full and public disclosure of financial
1565 interests under s. 8, Art. II of the State Constitution or s.
1566 112.3144 shall file a statement of financial interests under s.
1567 112.3145. The executive director or designated person
1568 responsible for the operational and administrative functions of
1569 the local board who is not otherwise required to file a full and
1570 public disclosure of financial interests under s. 8, Art. II of
1571 the State Constitution or s. 112.3144 shall file a statement of
1572 financial interests under s. 112.3145. The local board’s
1573 website, or the department’s website if the local board does not
1574 maintain a website, must inform the public that each disclosure
1575 or statement has been filed with the Commission on Ethics and
1576 provide information how each disclosure or statement may be
1577 reviewed. The notice to the public must remain on the website
1578 throughout the term of office or employment of the filer and
1579 until 1 year after the term on the local board or employment
1580 ends.
1581 (8) The importance of minority and gender representation
1582 shall be considered when appointments are made to any committee
1583 established by the local workforce development board.
1584 Section 40. Subsection (12) of section 446.041, Florida
1585 Statutes, is amended to read:
1586 446.041 Duties of the department.—The department shall:
1587 (12) Ensure that minority and gender diversity are
1588 considered in administering this program.
1589 Section 41. Subsection (4) of section 489.111, Florida
1590 Statutes, is amended to read:
1591 489.111 Licensure by examination.—
1592 (4) The department shall ensure that a sensitivity review
1593 committee has been established including representatives of
1594 various ethnic/minority groups. No question found by this
1595 committee to be discriminatory against any ethnic/minority group
1596 shall be included in the examination.
1597 Section 42. Subsection (7) of section 627.3511, Florida
1598 Statutes, is amended to read:
1599 627.3511 Depopulation of Citizens Property Insurance
1600 Corporation.—
1601 (7) A minority business, which is at least 51 percent owned
1602 by minority persons as described in s. 288.703, desiring to
1603 operate or become licensed as a property and casualty insurer
1604 may exempt up to $50 of the escrow requirements of the take-out
1605 bonus, as described in this section. Such minority business,
1606 which has applied for a certificate of authority to engage in
1607 business as a property and casualty insurer, may simultaneously
1608 file the business’ proposed take-out plan, as described in this
1609 section, with the corporation.
1610 Section 43. Section 641.217, Florida Statutes, is repealed.
1611 Section 44. Chapter 760, Florida Statutes, entitled
1612 “Discrimination in the Treatment of Persons; Minority
1613 Representation” is retitled “Discrimination in the Treatment of
1614 Persons.”
1615 Section 45. Section 760.80, Florida Statutes, is repealed.
1616 Section 46. Part V of chapter 760, Florida Statutes, is
1617 redesignated as part IV of that chapter.
1618 Section 47. Paragraph (d) of subsection (7) of section
1619 1001.706, Florida Statutes, is amended to read:
1620 1001.706 Powers and duties of the Board of Governors.—
1621 (7) POWERS AND DUTIES RELATING TO PROPERTY.—
1622 (d) The Board of Governors, or the board’s designee, shall
1623 ensure compliance with the provisions of s. 287.09451 for all
1624 procurement and ss. 255.101 and 255.102 for construction
1625 contracts, and rules adopted pursuant thereto, relating to the
1626 utilization of minority business enterprises, except that
1627 procurements costing less than the amount provided for in
1628 CATEGORY FIVE as provided in s. 287.017 shall not be subject to
1629 s. 287.09451.
1630 Section 48. Subsections (1) and (10) of section 1004.42,
1631 Florida Statutes, are amended to read:
1632 1004.42 Florida State University College of Medicine.—
1633 (1) CREATION.—There is hereby established a 4-year
1634 allopathic medical school within the Florida State University,
1635 to be known as the Florida State University College of Medicine,
1636 with a principal focus on recruiting and training medical
1637 professionals to meet the primary health care needs of the
1638 state, especially the needs of the state’s elderly, rural,
1639 minority, and other underserved citizens.
1640 (10) INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.
1641 To increase the participation of underrepresented groups and
1642 socially and economically disadvantaged youth in science and
1643 medical programs, the College of Medicine shall continue the
1644 outreach efforts of the Program in Medical Sciences (PIMS) to
1645 middle and high school minority students, including the Science
1646 Students Together Reaching Instructional Diversity and
1647 Excellence (SSTRIDE), and shall build an endowment income to
1648 support recruitment programs and scholarship and financial aid
1649 packages for these students. To develop a base of qualified
1650 potential medical school candidates from underrepresented
1651 groups, the College of Medicine shall coordinate with the
1652 undergraduate premedical and science programs currently offered
1653 at the Florida State University, develop relationships with
1654 potential feeder institutions, including 4-year institutions and
1655 community colleges, and pursue grant funds to support programs,
1656 as well as support scholarship and financial aid packages. The
1657 College of Medicine shall develop plans for a postbaccalaureate,
1658 1-year academic program that provides a second chance to a
1659 limited number of students per year who have been declined
1660 medical school admission, who are state residents, and who meet
1661 established criteria as socially and economically disadvantaged.
1662 The College of Medicine shall make every effort, through
1663 recruitment and retention, to employ a faculty and support staff
1664 that reflect the heterogeneous nature of the state’s general
1665 population.
1666 Section 49. Paragraph (a) of subsection (4) of section
1667 1004.435, Florida Statutes, is amended to read:
1668 1004.435 Cancer control and research.—
1669 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
1670 CREATION; COMPOSITION.—
1671 (a) There is created within the H. Lee Moffitt Cancer
1672 Center and Research Institute, Inc., the Florida Cancer Control
1673 and Research Advisory Council. The council shall consist of 16
1674 members, which includes the chair chairperson, all of whom must
1675 be residents of this state. The State Surgeon General or his or
1676 her designee within the Department of Health shall be one of the
1677 16 members. Members, except those appointed by the Governor, the
1678 Speaker of the House of Representatives, or the President of the
1679 Senate, must be appointed by the chief executive officer of the
1680 institution or organization represented, or his or her designee.
1681 One member must be a representative of the American Cancer
1682 Society; one member must be a representative of the Sylvester
1683 Comprehensive Cancer Center of the University of Miami; one
1684 member must be a representative of the University of Florida
1685 Shands Cancer Center; one member must be a representative of the
1686 Florida Nurses Association who specializes in the field of
1687 oncology and is not from an institution or organization already
1688 represented on the council; one member must be a representative
1689 of the Florida Osteopathic Medical Association who specializes
1690 in the field of oncology; one member must be a member of the
1691 Florida Medical Association who specializes in the field of
1692 oncology and who represents a cancer center not already
1693 represented on the council; one member must be a representative
1694 of the H. Lee Moffitt Cancer Center and Research Institute,
1695 Inc.; one member must be a representative of the Mayo Clinic in
1696 Jacksonville; one member must be a member of the Florida
1697 Hospital Association who specializes in the field of oncology
1698 and who represents a comprehensive cancer center not already
1699 represented on the council; one member must be a representative
1700 of the Association of Community Cancer Centers; one member must
1701 specialize in pediatric oncology research or clinical care
1702 appointed by the Governor; one member must specialize in
1703 oncology clinical care or research appointed by the President of
1704 the Senate; one member must be a current or former cancer
1705 patient or a current or former caregiver to a cancer patient
1706 appointed by the Speaker of the House of Representatives; one
1707 member must be a member of the House of Representatives
1708 appointed by the Speaker of the House of Representatives; and
1709 one member must be a member of the Senate appointed by the
1710 President of the Senate. At least four of the members must be
1711 individuals who are minority persons as defined by s. 288.703.
1712 Section 50. Section 1007.34, Florida Statutes, is repealed.
1713 Section 51. Section 1007.35, Florida Statutes, is repealed.
1714 Section 52. Section 1011.86, Florida Statutes, is repealed.
1715 Section 53. Paragraph (c) of subsection (1) of section
1716 1013.46, Florida Statutes, is amended to read:
1717 1013.46 Advertising and awarding contracts;
1718 prequalification of contractor.—
1719 (1)
1720 (c) As an option, any county, municipality, or board may
1721 set aside up to 10 percent of the total amount of funds
1722 allocated for the purpose of entering into construction capital
1723 project contracts with minority business enterprises, as defined
1724 in s. 287.094. Such contracts shall be competitively bid only
1725 among minority business enterprises. The set-aside shall be used
1726 to redress present effects of past discriminatory practices and
1727 shall be subject to periodic reassessment to account for
1728 changing needs and circumstances.
1729 Section 54. Subsection (1) of section 43.16, Florida
1730 Statutes, is amended to read:
1731 43.16 Justice Administrative Commission; membership, powers
1732 and duties.—
1733 (1) There is hereby created a Justice Administrative
1734 Commission, with headquarters located in the state capital. The
1735 necessary office space for use of the commission shall be
1736 furnished by the proper state agency in charge of state
1737 buildings. For purposes of the fees imposed on agencies pursuant
1738 to s. 287.057(22) s. 287.057(24), the Justice Administrative
1739 Commission shall be exempt from such fees.
1740 Section 55. Paragraph (g) of subsection (3) of section
1741 212.096, Florida Statutes, is amended to read:
1742 212.096 Sales, rental, storage, use tax; enterprise zone
1743 jobs credit against sales tax.—
1744 (3) In order to claim this credit, an eligible business
1745 must file under oath with the governing body or enterprise zone
1746 development agency having jurisdiction over the enterprise zone
1747 where the business is located, as applicable, a statement which
1748 includes:
1749 (g) Whether the business is a small business as defined by
1750 s. 288.703 s. 288.703(6).
1751 Section 56. Paragraph (a) of subsection (2) of section
1752 215.971, Florida Statutes, is amended to read:
1753 215.971 Agreements funded with federal or state
1754 assistance.—
1755 (2) For each agreement funded with federal or state
1756 financial assistance, the state agency shall designate an
1757 employee to function as a grant manager who shall be responsible
1758 for enforcing performance of the agreement’s terms and
1759 conditions and who shall serve as a liaison with the recipient
1760 or subrecipient.
1761 (a)1. Each grant manager who is responsible for agreements
1762 in excess of the threshold amount for CATEGORY TWO under s.
1763 287.017 must, at a minimum, complete training conducted by the
1764 Chief Financial Officer for accountability in contracts and
1765 grant management.
1766 2. Effective December 1, 2014, each grant manager
1767 responsible for agreements in excess of $100,000 annually must
1768 complete the training and become a certified contract manager as
1769 provided under s. 287.057(13) s. 287.057(15). All grant managers
1770 must become certified contract managers within 24 months after
1771 establishment of the training and certification requirements by
1772 the Department of Management Services and the Department of
1773 Financial Services.
1774 Section 57. Subsection (5) of section 282.201, Florida
1775 Statutes, is amended to read:
1776 282.201 State data center.—The state data center is
1777 established within the department. The provision of data center
1778 services must comply with applicable state and federal laws,
1779 regulations, and policies, including all applicable security,
1780 privacy, and auditing requirements. The department shall appoint
1781 a director of the state data center who has experience in
1782 leading data center facilities and has expertise in cloud
1783 computing management.
1784 (5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for
1785 the department to carry out its duties and responsibilities
1786 relating to the state data center, the secretary of the
1787 department shall contract by July 1, 2022, with the Northwest
1788 Regional Data Center pursuant to s. 287.057(10) s. 287.057(11).
1789 The contract shall provide that the Northwest Regional Data
1790 Center will manage the operations of the state data center and
1791 provide data center services to state agencies.
1792 (a) The department shall provide contract oversight,
1793 including, but not limited to, reviewing invoices provided by
1794 the Northwest Regional Data Center for services provided to
1795 state agency customers.
1796 (b) The department shall approve or request updates to
1797 invoices within 10 business days after receipt. If the
1798 department does not respond to the Northwest Regional Data
1799 Center, the invoice will be approved by default. The Northwest
1800 Regional Data Center must submit approved invoices directly to
1801 state agency customers.
1802 Section 58. Paragraph (a) of subsection (3) of section
1803 282.709, Florida Statutes, is amended to read:
1804 282.709 State agency law enforcement radio system and
1805 interoperability network.—
1806 (3) In recognition of the critical nature of the statewide
1807 law enforcement radio communications system, the Legislature
1808 finds that there is an immediate danger to the public health,
1809 safety, and welfare, and that it is in the best interest of the
1810 state to continue partnering with the system’s current operator.
1811 The Legislature finds that continuity of coverage is critical to
1812 supporting law enforcement, first responders, and other public
1813 safety users. The potential for a loss in coverage or a lack of
1814 interoperability between users requires emergency action and is
1815 a serious concern for officers’ safety and their ability to
1816 communicate and respond to various disasters and events.
1817 (a) The department, pursuant to s. 287.057(10) s.
1818 287.057(11), shall enter into a 15-year contract with the entity
1819 that was operating the statewide radio communications system on
1820 January 1, 2021. The contract must include:
1821 1. The purchase of radios;
1822 2. The upgrade to the Project 25 communications standard;
1823 3. Increased system capacity and enhanced coverage for
1824 system users;
1825 4. Operations, maintenance, and support at a fixed annual
1826 rate;
1827 5. The conveyance of communications towers to the
1828 department; and
1829 6. The assignment of communications tower leases to the
1830 department.
1831 Section 59. Paragraph (b) of subsection (3) of section
1832 286.101, Florida Statutes, is amended to read:
1833 286.101 Foreign gifts and contracts.—
1834 (3)
1835 (b) Disclosure under this subsection is not required with
1836 respect to:
1837 1. A proposal to sell commodities through the online
1838 procurement program established pursuant to s. 287.057(20) s.
1839 287.057(22);
1840 2. A proposal to sell commodities to a university pursuant
1841 to Board of Governors Regulation 18.001;
1842 3. An application or proposal from an entity that discloses
1843 foreign gifts or grants under subsection (2) or s. 1010.25;
1844 4. An application or proposal from a foreign source that,
1845 if granted or accepted, would be disclosed under subsection (2)
1846 or s. 1010.25; or
1847 5. An application or proposal from a public or not-for
1848 profit research institution with respect to research funded by
1849 any federal agency.
1850 Section 60. Paragraph (a) of subsection (3) of section
1851 287.0571, Florida Statutes, is amended to read:
1852 287.0571 Business case to outsource; applicability.—
1853 (3) This section does not apply to:
1854 (a) A procurement of commodities and contractual services
1855 listed in s. 287.057(3)(d) and (e) and (21) (23).
1856 Section 61. Paragraph (b) of subsection (2) of section
1857 288.0001, Florida Statutes, is amended to read:
1858 288.0001 Economic Development Programs Evaluation.—The
1859 Office of Economic and Demographic Research and the Office of
1860 Program Policy Analysis and Government Accountability (OPPAGA)
1861 shall develop and present to the Governor, the President of the
1862 Senate, the Speaker of the House of Representatives, and the
1863 chairs of the legislative appropriations committees the Economic
1864 Development Programs Evaluation.
1865 (2) The Office of Economic and Demographic Research and
1866 OPPAGA shall provide a detailed analysis of economic development
1867 programs as provided in the following schedule:
1868 (b) By January 1, 2015, and every 3 years thereafter, an
1869 analysis of:
1870 1. The entertainment industry sales tax exemption program
1871 established under s. 288.1258.
1872 2. VISIT Florida and its programs established or funded
1873 under ss. 288.122-288.12265 and 288.124.
1874 3. The Florida Sports Foundation and related programs,
1875 including those established under ss. 288.1162, 288.11621, and
1876 288.1166, and 288.1167.
1877 Section 62. Subsection (2) of section 288.706, Florida
1878 Statutes, is amended to read:
1879 288.706 Florida Minority Business Loan Mobilization
1880 Program.—
1881 (2) The Florida Minority Business Loan Mobilization Program
1882 is created to promote the development of minority business
1883 enterprises, as defined in s. 288.703(3), increase the ability
1884 of minority business enterprises to compete for state contracts,
1885 and sustain the economic growth of minority business enterprises
1886 in this state. The goal of the program is to assist minority
1887 business enterprises by facilitating working capital loans to
1888 minority business enterprises that are vendors on state agency
1889 contracts. The Department of Management Services shall
1890 administer the program.
1891 Section 63. Subsection (4) of section 290.004, Florida
1892 Statutes, is amended to read:
1893 290.004 Definitions relating to Florida Enterprise Zone
1894 Act.—As used in ss. 290.001-290.016:
1895 (4) “Minority business enterprise” has the same meaning as
1896 provided in s. 288.703.
1897 Section 64. Paragraph (b) of subsection (4) of section
1898 295.187, Florida Statutes, is amended to read:
1899 295.187 Florida Veteran Business Enterprise Opportunity
1900 Act.—
1901 (4) VENDOR PREFERENCE.—
1902 (b) Notwithstanding s. 287.057(12), If a veteran business
1903 enterprise entitled to the vendor preference under this section
1904 and one or more businesses entitled to this preference or
1905 another vendor preference provided by law submit bids,
1906 proposals, or replies for procurement of commodities or
1907 contractual services which are equal with respect to all
1908 relevant considerations, including price, quality, and service,
1909 the state agency must shall award the procurement or contract to
1910 the business having the smallest net worth.
1911 Section 65. Paragraph (d) of subsection (4) of section
1912 337.11, Florida Statutes, is amended to read:
1913 337.11 Contracting authority of department; bids; emergency
1914 repairs, supplemental agreements, and change orders; combined
1915 design and construction contracts; progress payments; records;
1916 requirements of vehicle registration.—
1917 (4)
1918 (d) Notwithstanding the requirements of ss. 120.57(3)(c)
1919 and 287.057(23) ss. 120.57(3)(c) and 287.057(25), upon receipt
1920 of a formal written protest that is timely filed, the department
1921 may continue the process provided in this subsection but may not
1922 take final agency action as to the lowest bidder except as part
1923 of the department’s final agency action in the protest or upon
1924 dismissal of the protest by the protesting party.
1925 Section 66. Paragraph (b) of subsection (5) of section
1926 339.63, Florida Statutes, is amended to read:
1927 339.63 System facilities designated; additions and
1928 deletions.—
1929 (5)
1930 (b) A facility designated part of the Strategic Intermodal
1931 System pursuant to paragraph (a) which that is within the
1932 jurisdiction of a local government that maintains a
1933 transportation concurrency system must shall receive a waiver of
1934 transportation concurrency requirements applicable to Strategic
1935 Intermodal System facilities in order to accommodate any
1936 development at the facility which occurs pursuant to a building
1937 permit issued on or before December 31, 2017, but only if such
1938 facility is located:
1939 1. Within an area designated pursuant to s. 288.0656(7) as
1940 a rural area of opportunity;
1941 2. Within a rural enterprise zone as defined in s. 290.004
1942 s. 290.004(5); or
1943 3. Within 15 miles of the boundary of a rural area of
1944 opportunity or a rural enterprise zone.
1945 Section 67. Paragraph (a) of subsection (2) of section
1946 376.3072, Florida Statutes, is amended to read:
1947 376.3072 Florida Petroleum Liability and Restoration
1948 Insurance Program.—
1949 (2)(a) An owner or operator of a petroleum storage system
1950 may become an insured in the restoration insurance program at a
1951 facility if:
1952 1. A site at which an incident has occurred is eligible for
1953 restoration if the insured is a participant in the third-party
1954 liability insurance program or otherwise meets applicable
1955 financial responsibility requirements. After July 1, 1993, the
1956 insured must also provide the required excess insurance coverage
1957 or self-insurance for restoration to achieve the financial
1958 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
1959 not covered by paragraph (d).
1960 2. A site which had a discharge reported before January 1,
1961 1989, for which notice was given pursuant to s. 376.3071(10) and
1962 which is ineligible for the third-party liability insurance
1963 program solely due to that discharge is eligible for
1964 participation in the restoration program for an incident
1965 occurring on or after January 1, 1989, pursuant to subsection
1966 (3). Restoration funding for an eligible contaminated site will
1967 be provided without participation in the third-party liability
1968 insurance program until the site is restored as required by the
1969 department or until the department determines that the site does
1970 not require restoration.
1971 3. Notwithstanding paragraph (b), a site where an
1972 application is filed with the department before January 1, 1995,
1973 where the owner is a small business under s. 288.703 s.
1974 288.703(6), a Florida College System institution with less than
1975 2,500 FTE, a religious institution as defined by s.
1976 212.08(7)(m), a charitable institution as defined by s.
1977 212.08(7)(p), or a county or municipality with a population of
1978 less than 50,000, is eligible for up to $400,000 of eligible
1979 restoration costs, less a deductible of $10,000 for small
1980 businesses, eligible Florida College System institutions, and
1981 religious or charitable institutions, and $30,000 for eligible
1982 counties and municipalities, if:
1983 a. Except as provided in sub-subparagraph e., the facility
1984 was in compliance with department rules at the time of the
1985 discharge.
1986 b. The owner or operator has, upon discovery of a
1987 discharge, promptly reported the discharge to the department,
1988 and drained and removed the system from service, if necessary.
1989 c. The owner or operator has not intentionally caused or
1990 concealed a discharge or disabled leak detection equipment.
1991 d. The owner or operator proceeds to complete initial
1992 remedial action as specified in department rules.
1993 e. The owner or operator, if required and if it has not
1994 already done so, applies for third-party liability coverage for
1995 the facility within 30 days after receipt of an eligibility
1996 order issued by the department pursuant to this subparagraph.
1997
1998 However, the department may consider in-kind services from
1999 eligible counties and municipalities in lieu of the $30,000
2000 deductible. The cost of conducting initial remedial action as
2001 defined by department rules is an eligible restoration cost
2002 pursuant to this subparagraph.
2003 4.a. By January 1, 1997, facilities at sites with existing
2004 contamination must have methods of release detection to be
2005 eligible for restoration insurance coverage for new discharges
2006 subject to department rules for secondary containment. Annual
2007 storage system testing, in conjunction with inventory control,
2008 shall be considered to be a method of release detection until
2009 the later of December 22, 1998, or 10 years after the date of
2010 installation or the last upgrade. Other methods of release
2011 detection for storage tanks which meet such requirement are:
2012 (I) Interstitial monitoring of tank and integral piping
2013 secondary containment systems;
2014 (II) Automatic tank gauging systems; or
2015 (III) A statistical inventory reconciliation system with a
2016 tank test every 3 years.
2017 b. For pressurized integral piping systems, the owner or
2018 operator must use:
2019 (I) An automatic in-line leak detector with flow
2020 restriction meeting the requirements of department rules used in
2021 conjunction with an annual tightness or pressure test; or
2022 (II) An automatic in-line leak detector with electronic
2023 flow shut-off meeting the requirements of department rules.
2024 c. For suction integral piping systems, the owner or
2025 operator must use:
2026 (I) A single check valve installed directly below the
2027 suction pump if there are no other valves between the dispenser
2028 and the tank; or
2029 (II) An annual tightness test or other approved test.
2030 d. Owners of facilities with existing contamination that
2031 install internal release detection systems pursuant to sub
2032 subparagraph a. shall permanently close their external
2033 groundwater and vapor monitoring wells pursuant to department
2034 rules by December 31, 1998. Upon installation of the internal
2035 release detection system, such wells must be secured and taken
2036 out of service until permanent closure.
2037 e. Facilities with vapor levels of contamination meeting
2038 the requirements of or below the concentrations specified in the
2039 performance standards for release detection methods specified in
2040 department rules may continue to use vapor monitoring wells for
2041 release detection.
2042 f. The department may approve other methods of release
2043 detection for storage tanks and integral piping which have at
2044 least the same capability to detect a new release as the methods
2045 specified in this subparagraph.
2046
2047 Sites meeting the criteria of this subsection for which a site
2048 rehabilitation completion order was issued before June 1, 2008,
2049 do not qualify for the 2008 increase in site rehabilitation
2050 funding assistance and are bound by the pre-June 1, 2008,
2051 limits. Sites meeting the criteria of this subsection for which
2052 a site rehabilitation completion order was not issued before
2053 June 1, 2008, regardless of whether they have previously
2054 transitioned to nonstate-funded cleanup status, may continue
2055 state-funded cleanup pursuant to s. 376.3071(6) until a site
2056 rehabilitation completion order is issued or the increased site
2057 rehabilitation funding assistance limit is reached, whichever
2058 occurs first.
2059 Section 68. Paragraph (b) of subsection (8) of section
2060 381.986, Florida Statutes, is amended to read:
2061 381.986 Medical use of marijuana.—
2062 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
2063 (b) An applicant for licensure as a medical marijuana
2064 treatment center must apply to the department on a form
2065 prescribed by the department and adopted in rule. The department
2066 shall adopt rules pursuant to ss. 120.536(1) and 120.54
2067 establishing a procedure for the issuance and biennial renewal
2068 of licenses, including initial application and biennial renewal
2069 fees sufficient to cover the costs of implementing and
2070 administering this section, and establishing supplemental
2071 licensure fees for payment beginning May 1, 2018, sufficient to
2072 cover the costs of administering ss. 381.989 and 1004.4351. The
2073 department shall identify applicants with strong diversity plans
2074 reflecting the this state’s commitment to diversity and
2075 implement training programs and other educational programs to
2076 enable minority persons and minority business enterprises, as
2077 defined in s. 288.703, and veteran business enterprises, as
2078 defined in s. 295.187, to compete for medical marijuana
2079 treatment center licensure and contracts. Subject to the
2080 requirements in subparagraphs (a)2.-4., the department must
2081 shall issue a license to an applicant if the applicant meets the
2082 requirements of this section and pays the initial application
2083 fee. The department must shall renew the licensure of a medical
2084 marijuana treatment center biennially if the licensee meets the
2085 requirements of this section and pays the biennial renewal fee.
2086 However, the department may not renew the license of a medical
2087 marijuana treatment center that has not begun to cultivate,
2088 process, and dispense marijuana by the date that the medical
2089 marijuana treatment center is required to renew its license. An
2090 individual may not be an applicant, an owner, an officer, a
2091 board member, or a manager on more than one application for
2092 licensure as a medical marijuana treatment center. An individual
2093 or entity may not be awarded more than one license as a medical
2094 marijuana treatment center. An applicant for licensure as a
2095 medical marijuana treatment center must demonstrate:
2096 1. That, for the 5 consecutive years before submitting the
2097 application, the applicant has been registered to do business in
2098 this state.
2099 2. Possession of a valid certificate of registration issued
2100 by the Department of Agriculture and Consumer Services pursuant
2101 to s. 581.131.
2102 3. The technical and technological ability to cultivate and
2103 produce marijuana, including, but not limited to, low-THC
2104 cannabis.
2105 4. The ability to secure the premises, resources, and
2106 personnel necessary to operate as a medical marijuana treatment
2107 center.
2108 5. The ability to maintain accountability of all raw
2109 materials, finished products, and any byproducts to prevent
2110 diversion or unlawful access to or possession of these
2111 substances.
2112 6. An infrastructure reasonably located to dispense
2113 marijuana to registered qualified patients statewide or
2114 regionally as determined by the department.
2115 7. The financial ability to maintain operations for the
2116 duration of the 2-year approval cycle, including the provision
2117 of certified financial statements to the department.
2118 a. Upon approval, the applicant must post a $5 million
2119 performance bond issued by an authorized surety insurance
2120 company rated in one of the three highest rating categories by a
2121 nationally recognized rating service. However, a medical
2122 marijuana treatment center serving at least 1,000 qualified
2123 patients is only required to maintain a $2 million performance
2124 bond.
2125 b. In lieu of the performance bond required under sub
2126 subparagraph a., the applicant may provide an irrevocable letter
2127 of credit payable to the department or provide cash to the
2128 department. If provided with cash under this sub-subparagraph,
2129 the department must deposit the cash in the Grants and Donations
2130 Trust Fund within the Department of Health, subject to the same
2131 conditions as the bond regarding requirements for the applicant
2132 to forfeit ownership of the funds. If the funds deposited under
2133 this sub-subparagraph generate interest, the amount of that
2134 interest must be used by the department for the administration
2135 of this section.
2136 8. That all owners and managers have passed a background
2137 screening pursuant to subsection (9). As used in this
2138 subparagraph, the term:
2139 a. “Manager” means any person with the authority to
2140 exercise or contribute to the operational control, direction, or
2141 management of an applicant or a medical marijuana treatment
2142 center or who has authority to supervise any employee of an
2143 applicant or a medical marijuana treatment center. The term
2144 includes an individual with the power or authority to direct or
2145 influence the direction or operation of an applicant or a
2146 medical marijuana treatment center through board membership, an
2147 agreement, or a contract.
2148 b. “Owner” means any person who owns or controls a 5
2149 percent or greater share of interests of the applicant or a
2150 medical marijuana treatment center which include beneficial or
2151 voting rights to interests. In the event that one person owns a
2152 beneficial right to interests and another person holds the
2153 voting rights with respect to such interests, then in such case,
2154 both are considered the owner of such interests.
2155 9. The employment of a medical director to supervise the
2156 activities of the medical marijuana treatment center.
2157 10. A diversity plan that promotes and ensures the
2158 involvement of minority persons and minority business
2159 enterprises, as defined in s. 288.703, or veteran business
2160 enterprises, as defined in s. 295.187, in ownership, management,
2161 and employment. An applicant for licensure renewal must show the
2162 effectiveness of the diversity plan by including the following
2163 with his or her application for renewal:
2164 a. Representation of minority persons and veterans in the
2165 medical marijuana treatment center’s workforce;
2166 b. Efforts to recruit minority persons and veterans for
2167 employment; and
2168 c. A record of contracts for services with minority
2169 business enterprises and veteran business enterprises.
2170 Section 69. Paragraph (a) of subsection (1) of section
2171 394.47865, Florida Statutes, is amended to read:
2172 394.47865 South Florida State Hospital; privatization.—
2173 (1) The Department of Children and Families shall, through
2174 a request for proposals, privatize South Florida State Hospital.
2175 The department shall plan to begin implementation of this
2176 privatization initiative by July 1, 1998.
2177 (a) Notwithstanding s. 287.057(12) s. 287.057(14), the
2178 department may enter into agreements, not to exceed 20 years,
2179 with a private provider, a coalition of providers, or another
2180 agency to finance, design, and construct a treatment facility
2181 having up to 350 beds and to operate all aspects of daily
2182 operations within the facility. The department may subcontract
2183 any or all components of this procurement to a statutorily
2184 established state governmental entity that has successfully
2185 contracted with private companies for designing, financing,
2186 acquiring, leasing, constructing, and operating major privatized
2187 state facilities.
2188 Section 70. Paragraph (b) of subsection (2) and subsection
2189 (3) of section 402.7305, Florida Statutes, are amended to read:
2190 402.7305 Department of Children and Families; procurement
2191 of contractual services; contract management.—
2192 (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—
2193 (b) When it is in the best interest of a defined segment of
2194 its consumer population, the department may competitively
2195 procure and contract for systems of treatment or service that
2196 involve multiple providers, rather than procuring and
2197 contracting for treatment or services separately from each
2198 participating provider. The department must ensure that all
2199 providers that participate in the treatment or service system
2200 meet all applicable statutory, regulatory, service quality, and
2201 cost control requirements. If other governmental entities or
2202 units of special purpose government contribute matching funds to
2203 the support of a given system of treatment or service, the
2204 department shall formally request information from those funding
2205 entities in the procurement process and may take the information
2206 received into account in the selection process. If a local
2207 government contributes matching funds to support the system of
2208 treatment or contracted service and if the match constitutes at
2209 least 25 percent of the value of the contract, the department
2210 shall afford the governmental match contributor an opportunity
2211 to name an employee as one of the persons required by s.
2212 287.057(15) s. 287.057(17) to evaluate or negotiate certain
2213 contracts, unless the department sets forth in writing the
2214 reason why the inclusion would be contrary to the best interest
2215 of the state. Any employee so named by the governmental match
2216 contributor shall qualify as one of the persons required by s.
2217 287.057(15) s. 287.057(17). A governmental entity or unit of
2218 special purpose government may not name an employee as one of
2219 the persons required by s. 287.057(15) s. 287.057(17) if it, or
2220 any of its political subdivisions, executive agencies, or
2221 special districts, intends to compete for the contract to be
2222 awarded. The governmental funding entity or contributor of
2223 matching funds must comply with all procurement procedures set
2224 forth in s. 287.057 when appropriate and required.
2225 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The
2226 Department of Children and Families shall review the time period
2227 for which the department executes contracts and shall execute
2228 multiyear contracts to make the most efficient use of the
2229 resources devoted to contract processing and execution. Whenever
2230 the department chooses not to use a multiyear contract, a
2231 justification for that decision must be contained in the
2232 contract. Notwithstanding s. 287.057(13) s. 287.057(15), the
2233 department is responsible for establishing a contract management
2234 process that requires a member of the department’s Senior
2235 Management or Selected Exempt Service to assign in writing the
2236 responsibility of a contract to a contract manager. The
2237 department shall maintain a set of procedures describing its
2238 contract management process which must minimally include the
2239 following requirements:
2240 (a) The contract manager shall maintain the official
2241 contract file throughout the duration of the contract and for a
2242 period not less than 6 years after the termination of the
2243 contract.
2244 (b) The contract manager shall review all invoices for
2245 compliance with the criteria and payment schedule provided for
2246 in the contract and shall approve payment of all invoices before
2247 their transmission to the Department of Financial Services for
2248 payment.
2249 (c) The contract manager shall maintain a schedule of
2250 payments and total amounts disbursed and shall periodically
2251 reconcile the records with the state’s official accounting
2252 records.
2253 (d) For contracts involving the provision of direct client
2254 services, the contract manager shall periodically visit the
2255 physical location where the services are delivered and speak
2256 directly to clients receiving the services and the staff
2257 responsible for delivering the services.
2258 (e) The contract manager shall meet at least once a month
2259 directly with the contractor’s representative and maintain
2260 records of such meetings.
2261 (f) The contract manager shall periodically document any
2262 differences between the required performance measures and the
2263 actual performance measures. If a contractor fails to meet and
2264 comply with the performance measures established in the
2265 contract, the department may allow a reasonable period for the
2266 contractor to correct performance deficiencies. If performance
2267 deficiencies are not resolved to the satisfaction of the
2268 department within the prescribed time, and if no extenuating
2269 circumstances can be documented by the contractor to the
2270 department’s satisfaction, the department must terminate the
2271 contract. The department may not enter into a new contract with
2272 that same contractor for the services for which the contract was
2273 previously terminated for a period of at least 24 months after
2274 the date of termination. The contract manager shall obtain and
2275 enforce corrective action plans, if appropriate, and maintain
2276 records regarding the completion or failure to complete
2277 corrective action items.
2278 (g) The contract manager shall document any contract
2279 modifications, which shall include recording any contract
2280 amendments as provided for in this section.
2281 (h) The contract manager shall be properly trained before
2282 being assigned responsibility for any contract.
2283 Section 71. Subsection (2) of section 408.045, Florida
2284 Statutes, is amended to read:
2285 408.045 Certificate of need; competitive sealed proposals.—
2286 (2) The agency shall make a decision regarding the issuance
2287 of the certificate of need in accordance with s. 287.057(15) the
2288 provisions of s. 287.057(17), rules adopted by the agency
2289 relating to intermediate care facilities for the developmentally
2290 disabled, and the criteria in s. 408.035, as further defined by
2291 rule.
2292 Section 72. Paragraph (a) of subsection (20) of section
2293 409.910, Florida Statutes, is amended to read:
2294 409.910 Responsibility for payments on behalf of Medicaid
2295 eligible persons when other parties are liable.—
2296 (20)(a) Entities providing health insurance as defined in
2297 s. 624.603, health maintenance organizations and prepaid health
2298 clinics as defined in chapter 641, and, on behalf of their
2299 clients, third-party administrators, pharmacy benefits managers,
2300 and any other third parties, as defined in s. 409.901 s.
2301 409.901(27), which are legally responsible for payment of a
2302 claim for a health care item or service as a condition of doing
2303 business in the state or providing coverage to residents of this
2304 state, shall provide such records and information as are
2305 necessary to accomplish the purpose of this section, unless such
2306 requirement results in an unreasonable burden.
2307 Section 73. Subsection (42) of section 570.07, Florida
2308 Statutes, is amended to read:
2309 570.07 Department of Agriculture and Consumer Services;
2310 functions, powers, and duties.—The department shall have and
2311 exercise the following functions, powers, and duties:
2312 (42) Notwithstanding the provisions of s. 287.057(22) which
2313 s. 287.057(24) that require all agencies to use the online
2314 procurement system developed by the Department of Management
2315 Services, the department may continue to use its own online
2316 system. However, vendors using utilizing such system must shall
2317 be prequalified as meeting mandatory requirements and
2318 qualifications and must shall remit fees pursuant to s.
2319 287.057(22) s. 287.057(24), and any rules implementing s.
2320 287.057.
2321 Section 74. Paragraph (e) of subsection (6) of section
2322 627.351, Florida Statutes, is amended to read:
2323 627.351 Insurance risk apportionment plans.—
2324 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
2325 (e) The corporation is subject to s. 287.057 for the
2326 purchase of commodities and contractual services except as
2327 otherwise provided in this paragraph. Services provided by
2328 tradepersons or technical experts to assist a licensed adjuster
2329 in the evaluation of individual claims are not subject to the
2330 procurement requirements of this section. Additionally, the
2331 procurement of financial services providers and underwriters
2332 must be made pursuant to s. 627.3513. Contracts for goods or
2333 services valued at or more than $100,000 are subject to approval
2334 by the board.
2335 1. The corporation is an agency for purposes of s. 287.057,
2336 except that, for purposes of s. 287.057(22) s. 287.057(24), the
2337 corporation is an eligible user.
2338 a. The authority of the Department of Management Services
2339 and the Chief Financial Officer under s. 287.057 extends to the
2340 corporation as if the corporation were an agency.
2341 b. The executive director of the corporation is the agency
2342 head under s. 287.057. The executive director of the corporation
2343 may assign or appoint a designee to act on his or her behalf.
2344 2. The corporation must provide notice of a decision or
2345 intended decision concerning a solicitation, contract award, or
2346 exceptional purchase by electronic posting. Such notice must
2347 contain the following statement: “Failure to file a protest
2348 within the time prescribed in this section constitutes a waiver
2349 of proceedings.”
2350 a. A person adversely affected by the corporation’s
2351 decision or intended decision to award a contract pursuant to s.
2352 287.057(1) or (3)(c) who elects to challenge the decision must
2353 file a written notice of protest with the executive director of
2354 the corporation within 72 hours after the corporation posts a
2355 notice of its decision or intended decision. For a protest of
2356 the terms, conditions, and specifications contained in a
2357 solicitation, including provisions governing the methods for
2358 ranking bids, proposals, replies, awarding contracts, reserving
2359 rights of further negotiation, or modifying or amending any
2360 contract, the notice of protest must be filed in writing within
2361 72 hours after posting the solicitation. Saturdays, Sundays, and
2362 state holidays are excluded in the computation of the 72-hour
2363 time period.
2364 b. A formal written protest must be filed within 10 days
2365 after the date the notice of protest is filed. The formal
2366 written protest must state with particularity the facts and law
2367 upon which the protest is based. Upon receipt of a formal
2368 written protest that has been timely filed, the corporation must
2369 stop the solicitation or contract award process until the
2370 subject of the protest is resolved by final board action unless
2371 the executive director sets forth in writing particular facts
2372 and circumstances that require the continuance of the
2373 solicitation or contract award process without delay in order to
2374 avoid an immediate and serious danger to the public health,
2375 safety, or welfare.
2376 (I) The corporation must provide an opportunity to resolve
2377 the protest by mutual agreement between the parties within 7
2378 business days after receipt of the formal written protest.
2379 (II) If the subject of a protest is not resolved by mutual
2380 agreement within 7 business days, the corporation’s board must
2381 transmit the protest to the Division of Administrative Hearings
2382 and contract with the division to conduct a hearing to determine
2383 the merits of the protest and to issue a recommended order. The
2384 contract must provide for the corporation to reimburse the
2385 division for any costs incurred by the division for court
2386 reporters, transcript preparation, travel, facility rental, and
2387 other customary hearing costs in the manner set forth in s.
2388 120.65(9). The division has jurisdiction to determine the facts
2389 and law concerning the protest and to issue a recommended order.
2390 The division’s rules and procedures apply to these proceedings.
2391 The protest must be heard by the division at a publicly noticed
2392 meeting in accordance with procedures established by the
2393 division.
2394 c. In a protest of an invitation-to-bid or request-for
2395 proposals procurement, submissions made after the bid or
2396 proposal opening which amend or supplement the bid or proposal
2397 may not be considered. In protesting an invitation-to-negotiate
2398 procurement, submissions made after the corporation announces
2399 its intent to award a contract, reject all replies, or withdraw
2400 the solicitation that amends or supplements the reply may not be
2401 considered. Unless otherwise provided by law, the burden of
2402 proof rests with the party protesting the corporation’s action.
2403 In a competitive-procurement protest, other than a rejection of
2404 all bids, proposals, or replies, the administrative law judge
2405 must conduct a de novo proceeding to determine whether the
2406 corporation’s proposed action is contrary to the corporation’s
2407 governing statutes, the corporation’s rules or policies, or the
2408 solicitation specifications. The standard of proof for the
2409 proceeding is whether the corporation’s action was clearly
2410 erroneous, contrary to competition, arbitrary, or capricious. In
2411 any bid-protest proceeding contesting an intended corporation
2412 action to reject all bids, proposals, or replies, the standard
2413 of review by the board is whether the corporation’s intended
2414 action is illegal, arbitrary, dishonest, or fraudulent.
2415 d. Failure to file a notice of protest or failure to file a
2416 formal written protest constitutes a waiver of proceedings.
2417 3. The agency head or his or her designee shall consider
2418 the recommended order of an administrative law judge and take
2419 final action on the protest. Any further legal remedy lies with
2420 the First District Court of Appeal.
2421 Section 75. Paragraph (k) of subsection (1) of section
2422 1001.216, Florida Statutes, is amended to read:
2423 1001.216 Council on the Social Status of Black Men and
2424 Boys.—
2425 (1) The Council on the Social Status of Black Men and Boys
2426 is established within Florida Memorial University and shall be
2427 composed of 19 members appointed as follows:
2428 (k) A businessperson who is an African American, as defined
2429 in s. 760.80(2)(a), appointed by the Governor.
2430 Section 76. Paragraph (b) of subsection (1) of section
2431 1007.27, Florida Statutes, is amended to read:
2432 1007.27 Articulated acceleration mechanisms.—
2433 (1)
2434 (b) The State Board of Education and the Board of Governors
2435 shall identify Florida College System institutions, state
2436 universities, and national consortia to develop courses that
2437 align with s. 1007.25 for students in secondary education and
2438 provide the training required under s. 1007.35(6).
2439 Section 77. Subsection (1) of section 1008.23, Florida
2440 Statutes, is amended to read:
2441 1008.23 Confidentiality of assessment instruments.—
2442 (1) All examination and assessment instruments, including
2443 developmental materials and workpapers directly related thereto,
2444 which are prepared, prescribed, or administered pursuant to ss.
2445 1002.69, 1003.52, 1003.56, 1007.25, 1007.35, 1008.22, 1008.25,
2446 and 1012.56 shall be confidential and exempt from s. 119.07(1)
2447 and s. 24(a), Art. I of the State Constitution. Provisions
2448 governing access, maintenance, and destruction of such
2449 instruments and related materials shall be prescribed by rules
2450 of the State Board of Education.
2451 Section 78. Subsection (1) of section 1008.24, Florida
2452 Statutes, is amended to read:
2453 1008.24 Test administration and security; public records
2454 exemption.—
2455 (1) A person may not knowingly and willfully violate test
2456 security rules adopted by the State Board of Education for
2457 mandatory tests administered by or through the State Board of
2458 Education or the Commissioner of Education to students,
2459 educators, or applicants for certification or administered by
2460 school districts pursuant to ss. 1002.69, 1003.52, 1003.56,
2461 1007.25, 1007.35, 1008.22, 1008.25, and 1012.56, or, with
2462 respect to any such test, knowingly and willfully to:
2463 (a) Give examinees access to test questions prior to
2464 testing;
2465 (b) Copy, reproduce, or use in any manner inconsistent with
2466 test security rules all or any portion of any secure test
2467 booklet;
2468 (c) Coach examinees during testing or alter or interfere
2469 with examinees’ responses in any way;
2470 (d) Make answer keys available to examinees;
2471 (e) Fail to follow security rules for distribution and
2472 return of secure test as directed, or fail to account for all
2473 secure test materials before, during, and after testing;
2474 (f) Fail to follow test administration directions specified
2475 in the test administration manuals; or
2476 (g) Participate in, direct, aid, counsel, assist in, or
2477 encourage any of the acts prohibited in this section.
2478 Section 79. For the purpose of incorporating the amendment
2479 made by this act to section 110.112, Florida Statutes, in a
2480 reference thereto, subsection (4) of section 311.07, Florida
2481 Statutes, is reenacted to read:
2482 311.07 Florida seaport transportation and economic
2483 development funding.—
2484 (4) Any port which receives funding under the program shall
2485 institute procedures to ensure that jobs created as a result of
2486 the state funding shall be subject to equal opportunity hiring
2487 practices in the manner provided in s. 110.112.
2488 Section 80. This act shall take effect July 1, 2026.