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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to commodities produced by forced 2
labor; creating s. 287.1346, F.S.; providing 3
definitions; prohibiting a company on the forced labor 4
vendor list from taking certain procurement actions; 5
prohibiting an agency from procuring commodities from 6
certain companies for a certain period; requiring 7
certain solicitations and contracts to include a 8
certain statement; requiring certain contracts to 9
include a certain termination provision; requiring a 10
member of a company's senior management to provide a 11
certain certification; requiring a company to provide 12
a certain notification to the Department of Management 13
Services within a certain period; requiring an agency 14
to provide certain information to the department 15
within a certain period; requiring the depar tment to 16
create and maintain a forced labor vendor list; 17
providing requirements for such list; providing for 18
automatic removal from the list; providing a process 19
for the department to place a company on such list; 20
subjecting a company that submits a false 21
certification or that should have had certain 22
knowledge to a fine; authorizing a company that 23
receives certain notice to file a petition for a 24
certain hearing; providing requirements and procedures 25
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for such hearings; providing evidentiary standards for 26
certain proceedings; authorizing a company placed on 27
such list to petition for removal; providing 28
requirements for such petitions; authorizing the 29
removal of a company from such list in certain 30
circumstances; providing construction; requiring the 31
deposit of collected fines into the General Revenue 32
Fund; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Section 287.1346, Florida Statutes, is created 37
to read: 38
287.1346 Provision of commodities produced b y forced 39
labor; denial or revocation of the right to transact business 40
with agencies.— 41
(1) As used in this section, the term: 42
(a) "Forced labor" means work or service exacted from any 43
person, including a minor, under the menace of a penalty for 44
nonperformance and for which the worker does not offer himself 45
or herself voluntarily or an activity that violates s. 787.06. 46
(b) "Forced labor vendor list" or "list" means the list 47
required to be created and maintained by the department pursuant 48
to paragraph (4)(d). 49
(c) "Senior management" includes chief executive officers; 50
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assistant chief executive officers, including, but not limited 51
to, assistant presidents, vice presidents, or assistant 52
treasurers; chief financial officers; chief personnel officers; 53
or any employee of an entity performing similar functions. 54
(2) A company on the forced labor vendor list may not: 55
(a) Submit a bid, proposal, or reply on a contract to 56
provide any commodities to an agency. 57
(b) Be awarded a contract or perform work as a co ntractor, 58
supplier, subcontractor, or consultant with an agency for the 59
provision of commodities. 60
(c) Transact business for the provision of commodities 61
with any agency. 62
(3) An agency may not accept a bid, proposal, or reply 63
from, award a contract to, or transact business pertaining to 64
the provision of commodities with a company on the forced labor 65
vendor list, or an entity under the control of such company, for 66
a period of 365 days after the date the company was placed on 67
the list unless the company is removed from the list pursuant to 68
paragraph (5)(d). 69
(4)(a)1. All invitations to bid, requests for proposals, 70
and invitations to negotiate and any written contract for the 71
provision of commodities by an agency must include a statement 72
informing companies of the requirements of this section. 73
2. Any contract with an agency for the provision of 74
commodities entered into or renewed on or after July 1, 2024, 75
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must include a provision that allows for the termination of such 76
contract at the option of the awarding agency if the company is 77
placed on the forced labor vendor list. 78
(b) At the time a company submits a bid, proposal, or 79
reply for a contract and before the company enters into or 80
renews a contract with an agency for the provision of 81
commodities, a member of the company's senior management must 82
certify, in writing, that to the best of his or her knowledge 83
the commodities such company is offering to the agency have not 84
been produced, in whole or in part, by forced labor. 85
(c) A company must notify the department within 30 days 86
after gaining actual knowledge that the company has provided to 87
an agency a commodity produced, in whole or in part, by forced 88
labor. Any agency that receives information that a company has 89
provided to an agency a commodity pr oduced, in whole or in part, 90
by forced labor must provide that information to the department 91
in writing within 10 days. 92
(d) The department shall create and maintain a forced 93
labor vendor list that contains the name and address of each 94
company that has been disqualified from the public contracting 95
and purchasing process under this section. The department shall 96
publish an updated version of the list quarterly. The updated 97
quarterly list shall be electronically posted on the 98
department's website. Notwithstan ding this paragraph, a company 99
disqualified from the public contracting and purchasing process 100
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pursuant to this section shall be disqualified as of the date a 101
final order is entered pursuant to paragraph (e) or paragraph 102
(5)(a). A company is automatically removed from the list 366 103
days after the date of the final order placing the company on 104
the list. 105
(e) Upon receiving from any source reasonable and credible 106
information that a company has submitted a false certification 107
or provided to an agency a commodi ty produced, in whole or in 108
part, by forced labor, the department shall investigate the 109
information and determine whether good cause exists to place 110
that company on the forced labor vendor list and whether such 111
placement is in the public interest. If good cause exists and 112
placement is in the public interest, the department shall notify 113
the company in writing of the department's intent to place the 114
company on the list and of the company's right to a hearing, the 115
procedure that must be followed, and the appli cable time 116
requirements. If the company does not request a hearing, the 117
department shall enter a final order placing the company on the 118
forced labor vendor list. A company may not be placed on the 119
forced labor vendor list without receiving an individual no tice 120
of intent from the department. 121
1. It is not in the public interest to place a company on 122
the forced labor vendor list if any of the following apply: 123
a. The company did not provide to an agency a commodity 124
produced, in whole or in part, by forced l abor; 125
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b. The provision to an agency of a commodity produced, in 126
whole or in part, by forced labor was committed by an employee 127
of the company without the actual or constructive knowledge of 128
any member of the company's senior management; 129
c. The member of the company's senior management 130
responsible for the contract under which the company provided to 131
the agency a commodity produced, in whole or in part, by forced 132
labor did not have actual or constructive knowledge that the 133
commodity was produced, in whole or in part, by forced labor and 134
a reasonable person under similar circumstances to that of such 135
member would not have known that the commodity was produced, in 136
whole or in part, by forced labor; 137
d. The member of the company's senior management 138
responsible for the contract under which the company provided to 139
the agency a commodity produced, in whole or in part, by forced 140
labor is no longer an employee of the company; or 141
e. The agency head or a designee delegated the authority 142
to execute contracts on beh alf of the agency makes a public 143
finding that, absent the provision of such commodities by the 144
company, the agency would be unable to obtain the commodities 145
for which the contract is offered. 146
2. In determining whether it is in the public interest to 147
place a company on the forced labor vendor list, the following 148
factors shall be considered: 149
a. The nature and details of the provision of the 150
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commodity produced, in whole or in part, by forced labor. 151
b. The degree of culpability of the company proposed to be 152
placed on the forced labor vendor list. 153
c. Prior or future self -policing by the company to prevent 154
the provision of a commodity produced, in whole or in part, by 155
forced labor. 156
d. The company's compliance with paragraph (c). 157
e. The needs of agencie s for additional competition in the 158
procurement of commodities in their respective markets. 159
f. Mitigation based upon any demonstration of good 160
citizenship by the company, including, but not limited to, the 161
adoption of a formal plan to cease producing or providing 162
commodities produced, in whole or in part, by forced labor. 163
(f) A company that submits a false certification under 164
paragraph (b) or that should have known that a commodity 165
provided under a contract with an agency was produced, in whole 166
or in part, by forced labor and is subsequently placed on the 167
forced labor vendor list shall be assessed a fine of $1,000 or 168
an amount equal to 20 percent of the value of the commodity 169
provided to the agency under the contract, whichever is greater. 170
(5)(a) Within 21 days after receipt of the notice of 171
intent pursuant to paragraph (4)(e), the company may file a 172
petition for a hearing involving disputed issues of material 173
fact pursuant to ss. 120.569 and 120.57(1) to challenge the 174
department's determination that th e company's placement on the 175
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forced labor vendor list is in the public interest. A company 176
may not file a petition for a hearing not involving disputed 177
issues of material fact under s. 120.57(2). Chapter 120 applies 178
to a hearing under this section except t hat: 179
1. The petition shall be filed with the department. The 180
department shall be a party to the proceeding for all purposes. 181
2. Within 5 days after the filing of the petition, the 182
department shall notify the Division of Administrative Hearings 183
of the request for a hearing pursuant to ss. 120.569 and 184
120.57(1). The director of the Division of Administrative 185
Hearings shall, within 5 days after receipt of notice from the 186
department, assign an administrative law judge to preside over 187
the proceeding. The adm inistrative law judge, upon request by a 188
party, may consolidate related proceedings. 189
3. The administrative law judge shall conduct the hearing 190
within 30 days after being assigned, unless otherwise stipulated 191
by the parties. 192
4. Within 30 days after the hearing or receipt of the 193
hearing transcript, whichever is later, the administrative law 194
judge shall enter a final order, which shall consist of findings 195
of fact, conclusions of law, interpretation of agency rules, and 196
any other information required by law or rule to be contained in 197
the final order. Such final order shall place or not place the 198
company on the forced labor vendor list. 199
5. The final order of the administrative law judge shall 200
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be final agency action for purposes of s. 120.68. 201
6. At any time after the filing of the petition, informal 202
disposition may be made pursuant to s. 120.57(4). In that event, 203
the administrative law judge shall enter a final order adopting 204
the stipulation, agreed settlement, or consent order. 205
(b) In any proceeding unde r this section, the department 206
is required to prove by clear and convincing evidence that it is 207
in the public interest for the company to which the department 208
has provided notice of intent pursuant to paragraph (4)(e) to be 209
placed on the forced labor vendo r list. Proof that such company 210
provided to an agency a commodity produced, in whole or in part, 211
by forced labor constitutes a rebuttable presumption that it is 212
in the public interest for the company to be placed on the 213
forced labor vendor list. 214
(c) Upon establishment of the rebuttable presumption in 215
paragraph (b) that it is in the public interest for the company 216
to be placed on the forced labor vendor list, that company may 217
prove by a preponderance of the evidence that it is not in the 218
public interest for such company to be placed on the list based 219
upon evidence addressing the provisions of sub -subparagraph 220
(4)(e)1. or the factors in sub -subparagraph (4)(e)2. 221
(d)1. A company on the forced labor vendor list may 222
petition for such company's removal from th e list no sooner than 223
6 months after the date a final order is entered placing the 224
company on the list. The petition shall be filed with the 225
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department and the proceeding shall be conducted pursuant to 226
this subsection. 227
2. A company may be removed from the forced labor vendor 228
list subject to such terms and conditions as may be prescribed 229
by the administrative law judge upon a determination that 230
removal is in the public interest. In determining whether 231
removal is in the public interest, the administrative law judge 232
shall give consideration to any relevant factors, including 233
whether the company has prepared a corrective action plan that 234
addresses the original grounds for placement on the list as well 235
as any additional evidence that the company has in good f aith 236
taken significant remedial action. 237
3. If a petition for removal is denied, the company may 238
not petition for another hearing on removal. The department may 239
petition for removal before the expiration of the 365 -day period 240
provided in subsection (3) if, in the department's discretion, 241
the department determines that removal would be in the public 242
interest. 243
(6) Placement on the forced labor vendor list does not 244
affect any rights or obligations under any contract, franchise, 245
or other binding agreement which predates such placement. 246
(7) Any fines collected under this section shall be 247
deposited into the General Revenue Fund. 248
Section 2. This act shall take effect July 1, 2024. 249