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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 the Department of Management 2
Services; repealing s. 24.113, F.S., relating to 3
minority participation; amending s. 110.112, F.S.; 4
providing for equal employment opportunity; 5
prohibiting discrimination in employment; prohibiting 6
a hiring manager from engaging in certain employment 7
practices; authorizing certain persons to file a 8
complaint with the Attorney General or the Department 9
of Business of Professional Regulation; amending s. 10
110.123, F.S.; revising definitions; amending s. 11
110.12301, F.S.; providing for competitive procurement 12
of claims review services for state group health 13
insurance plans; amending s. 110.205, F.S.; revising 14
exempt positions that are not covered by the career 15
service system; revising the definition of the term 16
"department"; amending s. 110.211, F.S.; revising 17
recruitment provisions relating to the career service 18
system; amending s. 110.605, F.S.; revising the 19
personnel rules of the Department of Management 20
Services; amending ss. 112.19 and 112.191, F.S.; 21
revising specified benefits of law enforcement 22
officers and firefighters, respectively; amending s. 23
217.07, F.S.; requiring that specified funds be used 24
for specified purposes; repealing ss. 255.101 and 25
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255.102, F.S., relating to contracts for public 26
construction works and contractor use of minority 27
business enterprises, respectively; amending s. 28
287.042, F.S.; revising the powers, duties, and 29
functions of the department relating to commodities, 30
insurance, and contractual services; amending s. 31
287.055, F.S.; revising the Consultants' Competitive 32
Negotiation Act relating to public announcement and 33
qualification procedures and competitive selection; 34
amending s. 287.057, F.S.; revising provisions 35
relating to procurement of commodities or contractual 36
services; amending s. 287.084, F.S.; revising 37
provisions relating to preference to Florida 38
businesses; providing applicability; repealing ss. 39
287.093, 287.0931, 287.094, 287.0943, and 287.09431, 40
F.S., relating to minority business enterprises and 41
programs; amending s. 287.09451 , F.S.; renaming the 42
Office of Supplier Diversity as the Office of Supplier 43
Development; revising the office's powers, duties, and 44
functions; defining the term "Florida -based 45
enterprise"; repealing s. 287.0947, F.S., relating to 46
the Florida Advisory Counci l on Small and Minority 47
Business Development; repealing ss. 287.133, 287.134, 48
and 287.1346, F.S., relating to denial or revocation 49
of the right to transact business with public 50
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entities; repealing s. 287.1351, F.S., relating to 51
suspended vendors and state contracts; creating s. 52
287.1355, F.S.; providing definitions; requiring the 53
Department of Management Services to establish a 54
prohibited vendors list; requiring a certain 55
certification and disclosure by vendors at a specified 56
time; requiring a specified sta tement to be contained 57
in any invitation to bid, request for proposal, 58
invitation to negotiate, or any contract entered into 59
by a date certain; providing construction; requiring 60
the department to maintain by electronic means the 61
prohibited vendors list; re quiring such list to be 62
posted on the department's website and updated within 63
a specified time period; requiring specified notice 64
from vendors, affiliates, and public entities to the 65
department; requiring the department to conduct an 66
investigation; authori zing the department to issue a 67
written demand on vendors in certain instances; 68
requiring department investigations to be conducted in 69
accordance with specified rules; requiring the 70
department to send notice of its investigation 71
determination in certain ins tances; providing notice 72
requirements; prohibiting vendors that do not receive 73
such notice from being placed on the prohibited 74
vendors list; authorizing vendors to file a petition 75
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for an administrative hearing; providing for waiver of 76
the right to such a h earing in certain instances; 77
prohibiting vendors from filing a petition for a 78
specified hearing; providing for procedural 79
applicability; providing exceptions; requiring the 80
department to establish its administrative action by a 81
specified burden of proof; p roviding for a certain 82
rebuttable presumption; providing for a specified 83
burden of proof of the vendor; listing certain factors 84
that the administrative law judge must consider in 85
such hearing; prohibiting vendors from engaging in 86
public contracting and pur chasing upon issuance of a 87
specified order; authorizing vendors to file a 88
petition for removal from the prohibited vendors list 89
in certain instances and within a specified time; 90
requiring removal proceedings to be conducted by 91
specified law; providing for the considerations of the 92
administrative law judge in such proceedings; 93
prohibiting vendors from filing subsequent petitions 94
for removal within a specified time period in certain 95
instances; authorizing the department to file such a 96
petition in certain inst ances; providing that vendors 97
and affiliates placed on the prohibited vendors list 98
are ineligible to receive certain incentives; 99
providing applicability; prohibiting a public entity 100
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from contracting with vendors which would provide 101
access to certain inform ation unless a specified 102
affidavit is submitted; requiring a vendor, by a 103
specified date, to submit a specified affidavit to 104
extend or renew a contract with a public entity; 105
requiring the department to adopt rules; repealing s. 106
288.1167, F.S., relating to sports franchise contract 107
provisions for food and beverage concession and 108
contract awards to minority business enterprises; 109
providing a directive to the Division of Law Revision; 110
amending s. 288.7015, F.S.; revising the duties of the 111
rules ombudsman; amend ing s. 288.702, F.S.; revising a 112
short title; amending s. 288.703, F.S.; revising 113
definitions; amending s. 288.7031, F.S.; revising 114
applicability; amending s. 288.705, F.S.; revising 115
provisions relating to the statewide contracts 116
register; repealing ss. 28 8.706, 288.7094, 288.7102, 117
288.71025, 288.7103, and 288.714, F.S., relating to 118
the Florida Minority Business Loan Mobilization 119
Program and the Black Business Loan Program; amending 120
s. 295.187, F.S.; providing duties of the Office of 121
Supplier Development re lating to the Florida Veteran 122
Business Enterprise Opportunity act; repealing s. 123
373.607, F.S., relating to minority business 124
enterprise procurement goals; repealing s. 473.3065, 125
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F.S., relating to the Clay Ford Scholarship Program 126
and the Certified Public A ccountant Education Minority 127
Assistance Advisory Council; repealing s. 641.217, 128
F.S., relating to the requirement of minority 129
recruitment and retention plans under the Health 130
Maintenance Organization Act; repealing s. 760.80, 131
F.S., relating to minority rep resentation on boards, 132
commissions, councils, and committees; amending ss. 133
16.615, 17.11, 20.60, 43.16, 110.105, 110.116, 134
110.211, 110.403, 187.201, 212.096, 215.971, 255.0992, 135
255.20, 282.201, 282.709, 286.101, 287.012, 287.0571, 136
287.056, 287.059, 287.059 1, 287.138, 288.0001, 137
288.001, 288.0065, 288.12266, 288.124, 288.776, 138
290.004, 290.0056, 290.0057, 290.046, 320.63, 331.351, 139
334.045, 338.227, 339.2821, 339.63, 348.754, 376.3072, 140
376.84, 381.986, 394.47865, 402.7305, 408.045, 141
409.901, 440.45, 489.125, 570 .07, 616.255, 616.256, 142
625.3255, 627.351, 627.3511, 657.042, 658.67, 947.02, 143
947.021, 957.09, 1001.706, 1004.435, 1009.70, 1013.45, 144
and 1013.46, F.S.; conforming cross -references and 145
provisions to changes made by the act; providing an 146
effective date. 147
148
Be It Enacted by the Legislature of the State of Florida: 149
150
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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
Section 1. Section 24.113, Florida Statutes, is repealed. 151
Section 2. Section 110.112, Florida Statutes, is amended 152
to read: 153
110.112 Affirmative action; Equal employment opportunity. — 154
(1)(a) It is the policy of this state to provide equal 155
employment opportunity. Discrimination in employment on the 156
basis of race, color, religion, sex, pregnancy, national origin, 157
age, handicap, political affiliation, or marital status is 158
prohibited. 159
(b) A hiring manager of an executive agency may not engage 160
in employment practices using set -asides, quotas, or other 161
preferences on the basis of race or gender when making decisions 162
regarding hiring, retention, or promotion assist in providing 163
the assurance of equal employment opportunity through programs 164
of affirmative and positive action that will allow full 165
utilization of women, minorities, and individuals who have a 166
disability. 167
(2)(a) The head of each executive agency shall develop and 168
implement an affirmative action plan in accordance with rules 169
adopted by the department and approved by a majority vote of the 170
Administration Commission before their adoption. 171
(b) Each executive agency shall establish annual goals for 172
ensuring full utilization of groups un derrepresented in the 173
agency's workforce, including women, minorities, and individuals 174
who have a disability, as compared to the relevant labor market, 175
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as defined by the agency. Each executive agency shall design its 176
affirmative action plan to meet its est ablished goals. 177
(c) Each executive agency shall annually report to the 178
department regarding the agency's progress toward increasing 179
employment among women, minorities, and individuals who have a 180
disability. 181
(d) An affirmative action -equal employment opportunity 182
officer shall be appointed by the head of each executive agency. 183
The affirmative action -equal employment opportunity officer's 184
responsibilities must include determining annual goals, 185
monitoring agency compliance, and providing consultation to 186
managers regarding progress, deficiencies, and appropriate 187
corrective action. 188
(e) The department shall report information in its annual 189
workforce report relating to the implementation, continuance, 190
updating, and results of each executive agency's affirmativ e 191
action plan for the previous fiscal year. The annual workforce 192
report must also include data for each executive agency relating 193
to employment levels among women, minorities, and individuals 194
who have a disability. 195
(f) The department shall provide to all supervisory 196
personnel of the executive agencies training in the principles 197
of equal employment opportunity and affirmative action, the 198
development and implementation of affirmative action plans, and 199
the establishment of annual affirmative action goals. Th e 200
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department may contract for training services, and each 201
participating agency shall reimburse the department for costs 202
incurred through such contract. After the department approves 203
the contents of the training program for the agencies, the 204
department may delegate this training to the executive agencies . 205
(2)(3)(a) The department, in consultation with the Agency 206
for Persons with Disabilities, the Division of Vocational 207
Rehabilitation and the Division of Blind Services of the 208
Department of Education, the De partment of Commerce, and the 209
Executive Office of the Governor, shall develop and implement 210
programs that incorporate internships, mentoring, on -the-job 211
training, unpaid work experience, situational assessments, and 212
other innovative strategies that are spe cifically geared toward 213
individuals who have a disability. 214
(b) By January 1, 2017, the department shall develop 215
mandatory training programs for human resources personnel and 216
hiring managers of executive agencies which support the 217
employment of individual s who have a disability. 218
(c)1. By January 1, 2017, each executive agency shall 219
develop an agency-specific plan that addresses how to promote 220
employment opportunities for individuals who have a disability. 221
2. The department shall assist executive agencies in the 222
implementation of agency -specific plans. The department shall 223
regularly report to the Governor, the President of the Senate, 224
and the Speaker of the House of Representatives the progress of 225
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executive agencies in implementing these plans. Such reports 226
shall be made at least biannually. 227
(d) The department shall compile data regarding the hiring 228
practices of executive agencies with regard to individuals who 229
have a disability and make such data availabl e on its website. 230
(e) The department shall assist executive agencies in 231
identifying and implementing strategies for retaining employees 232
who have a disability which include, but are not limited to, 233
training programs, funding reasonable accommodations, inc reasing 234
access to appropriate technologies, and ensuring accessibility 235
of physical and virtual workplaces. 236
(f) The department shall adopt rules relating to forms 237
that provide for the voluntary self -identification of 238
individuals who have a disability and are employed by an 239
executive agency. 240
(g) This subsection does not create any substantive or 241
procedural right or benefit enforceable at law or in equity 242
against the state or a state agency, or an officer, employee, or 243
agent thereof. 244
(4) Each state attor ney and public defender shall: 245
(a) Develop and implement an affirmative action plan. 246
(b) Establish annual goals for ensuring full utilization 247
of groups underrepresented in its workforce as compared to the 248
relevant labor market in this state. The state attorneys' and 249
public defenders' affirmative action plans must be designed to 250
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meet the established goals. 251
(c) Appoint an affirmative action -equal employment 252
opportunity officer. 253
(3)(5) The state and, its agencies and officers shall 254
ensure freedom from discrimination in employment as provided by 255
the Florida Civil Rights Act of 1992, by s. 112.044, and by this 256
chapter. 257
(4)(6) Any individual claiming to be aggrieved by an 258
unlawful employment practice may file a complaint with the 259
Florida Commission on Hu man Relations or the Attorney General, 260
as provided by s. 760.11 , or the Department of Business of 261
Professional Regulation . 262
(5)(7) The department shall review and monitor executive 263
agency actions in carrying out the rules adopted by the 264
department pursuant to this section. 265
Section 3. Paragraphs (c), (m), and (n) of subsection (2) 266
and paragraph (g) of subsection (3) of section 110.123, Florida 267
Statutes, are amended to read: 268
110.123 State group insurance program. — 269
(2) DEFINITIONS.—As used in ss. 110.123-110.1239, the 270
term: 271
(c) "Enrollee" means all state officers and employees, 272
retired state officers and employees, surviving dependent 273
children eligible for premium payment under ss. 112.19 and 274
112.191, surviving spouses of deceased state officers and 275
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employees, eligible former employees, and terminated employees 276
or individuals with continuation coverage who are enrolled in an 277
insurance plan offered by the state group insurance program. The 278
term includes all state university officers and employees, 279
retired state university officers and employees, surviving 280
spouses of deceased state university officers and employees, and 281
terminated state university employees or individuals with 282
continuation coverage who are enrolled in an insurance plan 283
offered by the state group insurance program. The term includes 284
all Florida College System institution officers and employees, 285
retired Florida College System institution officers and 286
employees, surviving spouses of deceased Florida College System 287
institution officers and em ployees, and terminated Florida 288
College System institution employees or individuals with 289
continuation coverage who are enrolled in an insurance plan 290
offered by the state group insurance program. As used in this 291
paragraph, state employees and retired state employees also 292
include employees and retired employees of the Division of 293
Rehabilitation and Liquidation. 294
(m) "State group health insurance plan or plans" or "state 295
plan or plans" means the state self -insured health insurance 296
plan or plans offered to sta te officers and employees, retired 297
state officers and employees, eligible former employees, 298
surviving dependent children eligible for premium payment under 299
ss. 112.19 and 112.191, and surviving spouses of deceased state 300
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officers, employees, and eligible fo rmer employees under this 301
section. 302
(n) "State group insurance program" or "programs" means 303
the package of insurance plans offered to state officers and 304
employees, retired state officers and employees, eligible former 305
employees, and surviving spouses of d eceased state officers, 306
employees, surviving dependent children eligible for premium 307
payment under ss. 112.19 and 112.191, and eligible former 308
employees under this section, including the state group health 309
insurance plan or plans, health maintenance organi zation plans, 310
TRICARE supplemental insurance plans, and other plans required 311
or authorized by law. 312
(3) STATE GROUP INSURANCE PROGRAM. — 313
(g) Participation by individuals in the program is 314
available to all state officers, full -time state employees, 315
part-time state employees, and eligible former employees and is 316
voluntary. Participation in the program is also available to 317
retired state officers and employees who elect at the time of 318
retirement to continue coverage under the program, but may elect 319
to continue all or only part of the coverage they had at the 320
time of retirement. A surviving dependent child eligible for 321
premium payment under ss. 112.19 and 112.191 or a surviving 322
spouse may elect to continue coverage only under a state group 323
health insurance plan , a TRICARE supplemental insurance plan, or 324
a health maintenance organization plan. 325
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Section 4. Subsection (1) of section 110.12301, Florida 326
Statutes, is amended to read: 327
110.12301 Competitive procurement of postpayment claims 328
review services and depe ndent eligibility verification services; 329
public records exemption. — 330
(1) The Division of State Group Insurance is directed to 331
competitively procure postpayment claims review services for the 332
state group health insurance plans established pursuant to s. 333
110.123. Compensation under the contract shall be paid from 334
amounts identified as claim overpayments that are made by or on 335
behalf of the health plans and that ar e recovered by the vendor. 336
The vendor may retain that portion of the amount recovered as 337
provided in the contract. The contract must require the vendor 338
to maintain all necessary documentation supporting the amounts 339
recovered by the vendor or, retained by the division., and 340
remitted to the division; and 341
Section 5. Paragraph (n) of subsection (2) and subsection 342
(4) of section 110.205, Florida Statutes, are amended, and 343
paragraphs (y), (z), and (aa) are added to subsection (2) of 344
that section, to read: 345
110.205 Career service; exemptions. — 346
(2) EXEMPT POSITIONS. —The exempt positions that are not 347
covered by this part include the following: 348
(n)1.a. In addition to those positions exempted by other 349
paragraphs of this subsection, each department head may 350
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designate a maximum of 20 policymaking or managerial positions, 351
as defined by the department and approved by the Administration 352
Commission, as being exempt from the Career Service System. 353
Career service employees who occupy a position designated as a 354
position in the Selected Exempt Service under this paragraph 355
shall have the right to remain in the Career Service System by 356
opting to serve in a position not exempted by the employing 357
agency. Unless otherwise fixed by law, the department shall set 358
the salary and benefits of these positions in accordance with 359
the rules of the Selected Exempt Service ; provided, however, 360
that if the agency head determines that the general counsel, 361
chief Cabinet aide, public information administrator or 362
comparable position for a Cabine t officer, inspector general, or 363
legislative affairs director has both policymaking and 364
managerial responsibilities and if the department determines 365
that any such position has both policymaking and managerial 366
responsibilities, the salary and benefits for e ach such position 367
shall be established by the department in accordance with the 368
rules of the Senior Management Service . 369
b. In addition, each department may designate one 370
additional position in the Senior Management Service if that 371
position reports direct ly to the agency head or to a position in 372
the Senior Management Service and if any additional costs are 373
absorbed from the existing budget of that department. 374
c. In addition to those positions exempted under this 375
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subsection, each department head may designate a maximum of 376
three cybersecurity positions as being exempt from the Career 377
Service System. Career service employees who occupy a position 378
designated as a position in the Selected Exempt Service under 379
this paragraph shall have the right to remain in the Career 380
Service System by opting to serve in a position not exempted by 381
the employing agency. Unless otherwise fixed by law, the 382
department shall set the salary and benefits of these positions 383
in accordance with the rules of the Selected Exempt Servi ce. 384
2. If otherwise exempt, employees of the Public Employees 385
Relations Commission, the Commission on Human Relations, and the 386
Reemployment Assistance Appeals Commission, upon the 387
certification of their respective commission heads, may be 388
provided for under this paragraph as members of the Senior 389
Management Service, if otherwise qualified. However, the deputy 390
general counsel of the Public Employees Relations Commission 391
shall be compensated as members of the Selected Exempt Service. 392
(y) The general couns el, chief or senior Cabinet aide, 393
public information administrator, chief information officer, 394
communications director or comparable position for a Cabinet 395
officer, inspector general, or legislative affairs director of 396
each department. The salary and benef its for each such position 397
shall be established by the department in accordance with the 398
rules of the Senior Management Service. 399
(z) The information security manager under s. 400
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282.318(4)(a) and personnel employed by, or reporting to, the 401
Chief Inspector General, general counsel, the state chief 402
information security officer, the state chief data officer, and 403
the information security manager. Unless otherwise fixed by law, 404
the department shall establish the salary and benefits for these 405
positions in accordan ce with the rules of the Selected Exempt 406
Service. 407
(aa) All actuaries at each department. Unless otherwise 408
fixed by law, the department shall establish the salary and 409
benefits for these positions in accordance with the rules of the 410
Selected Exempt Service . 411
(4) DEFINITION OF DEPARTMENT. —When used in this section, 412
the term "department" means shall mean all departments and 413
commissions of the executive branch, whether created by the 414
State Constitution or chapter 20; the office of the Governor; 415
the Office of Insurance Regulation of the Financial Services 416
Commission; the Office of Financial Regulation of the Financial 417
Services Commission; the Florida Gaming Control Commission; the 418
Division of the State Guard; the Division of Administrative 419
Hearings; the Commiss ion on Offender Review; the Florida 420
Commission on Human Relations; the Public Employees Relations 421
Commission; and the Public Service Commission; however, the term 422
"department" means shall mean the Department of Management 423
Services when used in the context of the authority to establish 424
pay bands and benefits. 425
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Section 6. Subsections (1) and (4) of section 110.211, 426
Florida Statutes, are amended to read: 427
110.211 Recruitment. — 428
(1) Recruiting must shall be planned and carried out in a 429
manner that assures open competition based upon current and 430
projected employing agency needs, taking into consideration the 431
number and types of positions to be filled and the labor market 432
conditions. However, this subsection does not apply to the 433
recruitment of an apprentice participating in an apprenticeship 434
program, as defined in s. 446.021(6), or in a related field , 435
with special emphasis placed on recruiting efforts to attract 436
minorities, women, or other groups that are underrepresented in 437
the workforce of the employing age ncy. 438
(4) All recruitment literature involving state position 439
vacancies shall contain the phrase "An Equal Opportunity 440
Employer/Affirmative Action Employer ." 441
Section 7. Paragraph (d) of subsection (1) of section 442
110.605, Florida Statutes, is amended to read: 443
110.605 Powers and duties; personnel rules, records, 444
reports, and performance appraisal. — 445
(1) The department shall adopt and administer uniform 446
personnel rules, records, and reports relating to employees and 447
positions in the Selected Exempt Se rvice, as well as any other 448
rules and procedures relating to personnel administration which 449
are necessary to carry out the purposes of this part. 450
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(d) The department shall develop a program of affirmative 451
and positive actions that will ensure full utiliza tion of women 452
and minorities in Selected Exempt Service positions. 453
Section 8. Paragraphs (g) and (h) of subsection (2) of 454
section 112.19, Florida Statutes, are amended to read: 455
112.19 Law enforcement, correctional, and correctional 456
probation officers; death benefits.— 457
(2) 458
(g) Any political subdivision of the state that employs a 459
full-time law enforcement officer as defined in s. 943.10(1) or 460
a full-time correctional officer as defined in s. 943.10(2) who 461
is killed in the line of duty on or after Ju ly 1, 1993, as a 462
result of an act of violence inflicted by another person while 463
the officer is engaged in the performance of law enforcement 464
duties or as a result of an assault against the officer under 465
riot conditions shall pay the entire premium of the p olitical 466
subdivision's health insurance plan for the employee's surviving 467
spouse until remarried, and for each dependent child of the 468
employee until the end of the calendar year in which the child 469
reaches the age of 26 majority or until the end of the cale ndar 470
year in which the child reaches the age of 25 if: 471
1. At the time of the employee's death, the child is 472
dependent upon the employee for support; and 473
2. The surviving child continues to be dependent for 474
support, or the surviving child is a full -time or part-time 475
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student and is dependent for support . 476
(h)1. Any employer who employs a full -time law 477
enforcement, correctional, or correctional probation officer 478
who, on or after January 1, 1995, suffers a catastrophic injury, 479
as defined in s. 440.02, Flor ida Statutes 2002, in the line of 480
duty shall pay the entire premium of the employer's health 481
insurance plan for the injured employee, the injured employee's 482
spouse, and for each dependent child of the injured employee 483
until the end of the calendar year in which the child reaches 484
the age of 26 majority or until the end of the calendar year in 485
which the child reaches the age of 25 if the child continues to 486
be dependent for support, or the child is a full -time or part-487
time student and is dependent for support . The term "health 488
insurance plan" does not include supplemental benefits that are 489
not part of the basic group health insurance plan. If the 490
injured employee subsequently dies, the employer shall continue 491
to pay the entire health insurance premium for the s urviving 492
spouse until remarried, and for the dependent children, under 493
the conditions outlined in this paragraph. However: 494
a. Health insurance benefits payable from any other source 495
shall reduce benefits payable under this section. 496
b. It is unlawful fo r a person to willfully and knowingly 497
make, or cause to be made, or to assist, conspire with, or urge 498
another to make, or cause to be made, any false, fraudulent, or 499
misleading oral or written statement to obtain health insurance 500
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coverage as provided under this paragraph. A person who violates 501
this sub-subparagraph commits a misdemeanor of the first degree, 502
punishable as provided in s. 775.082 or s. 775.083. 503
c. In addition to any applicable criminal penalty, upon 504
conviction for a violation as described in sub-subparagraph b., 505
a law enforcement, correctional, or correctional probation 506
officer or other beneficiary who receives or seeks to receive 507
health insurance benefits under this paragraph shall forfeit the 508
right to receive such health insurance benefits, and shall 509
reimburse the employer for all benefits paid due to the fraud or 510
other prohibited activity. For purposes of this sub -511
subparagraph, the term "conviction" means a determination of 512
guilt that is the result of a plea or trial, regardless of 513
whether adjudication is withheld. 514
2. In order for the officer, spouse, and dependent 515
children to be eligible for such insurance coverage, the injury 516
must have occurred as the result of the officer's response to 517
fresh pursuit, the officer's response to what is re asonably 518
believed to be an emergency, or an unlawful act perpetrated by 519
another. Except as otherwise provided herein, this paragraph may 520
not be construed to limit health insurance coverage for which 521
the officer, spouse, or dependent children may otherwise be 522
eligible, except that a person who qualifies under this section 523
is not eligible for the health insurance subsidy provided under 524
chapter 121, chapter 175, or chapter 185. 525
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Section 9. Paragraphs (f) and (g) of subsection (2) of 526
section 112.191, Florida Statutes, are amended to read: 527
112.191 Firefighters; death benefits. — 528
(2) 529
(f) Any political subdivision of the state that employs a 530
full-time firefighter who is killed in the line of duty on or 531
after July 1, 1993, as a result of an act of violence inflicted 532
by another person while the firefighter is engaged in the 533
performance of firefighter duties, as a result of a fire which 534
has been determined to have been caused by an act of arson, or 535
as a result of an assault against the firefighter under riot 536
conditions shall pay the entire premium of the political 537
subdivision's health insu rance plan for the employee's surviving 538
spouse until remarried, and for each dependent child of the 539
employee until the end of the calendar year in which the child 540
reaches the age of 26 majority or until the end of the calendar 541
year in which the child reach es the age of 25 if: 542
1. At the time of the employee's death, the child is 543
dependent upon the employee for support; and 544
2. The surviving child continues to be dependent for 545
support, or the surviving child is a full -time or part-time 546
student and is depen dent for support. 547
(g)1. Any employer who employs a full -time firefighter 548
who, on or after January 1, 1995, suffers a catastrophic injury, 549
as defined in s. 440.02, Florida Statutes 2002, in the line of 550
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duty shall pay the entire premium of the employer's h ealth 551
insurance plan for the injured employee, the injured employee's 552
spouse, and for each dependent child of the injured employee 553
until the end of the calendar year in which the child reaches 554
the age of 26 majority or until the end of the calendar year in 555
which the child reaches the age of 25 if the child continues to 556
be dependent for support, or the child is a full -time or part-557
time student and is dependent for support . The term "health 558
insurance plan" does not include supplemental benefits that are 559
not part of the basic group health insurance plan. If the 560
injured employee subsequently dies, the employer shall continue 561
to pay the entire health insurance premium for the surviving 562
spouse until remarried, and for the dependent children, under 563
the conditions outlined in this paragraph. However: 564
a. Health insurance benefits payable from any other source 565
shall reduce benefits payable under this section. 566
b. It is unlawful for a person to willfully and knowingly 567
make, or cause to be made, or to assist, conspire with, or urge 568
another to make, or cause to be made, any false, fraudulent, or 569
misleading oral or written statement to obtain health insurance 570
coverage as provided under this paragraph. A person who violates 571
this sub-subparagraph commits a misdemeanor of t he first degree, 572
punishable as provided in s. 775.082 or s. 775.083. 573
c. In addition to any applicable criminal penalty, upon 574
conviction for a violation as described in sub -subparagraph b., 575
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a firefighter or other beneficiary who receives or seeks to 576
receive health insurance benefits under this paragraph shall 577
forfeit the right to receive such health insurance benefits, and 578
shall reimburse the employer for all benefits paid due to the 579
fraud or other prohibited activity. For purposes of this sub -580
subparagraph, the term "conviction" means a determination of 581
guilt that is the result of a plea or trial, regardless of 582
whether adjudication is withheld. 583
2. In order for the firefighter, spouse, and dependent 584
children to be eligible for such insurance coverage, the injury 585
must have occurred as the result of the firefighter's response 586
to what is reasonably believed to be an emergency involving the 587
protection of life or property, or an unlawful act perpetrated 588
by another. Except as otherwise provided herein, this parag raph 589
may not be construed to limit health insurance coverage for 590
which the firefighter, spouse, or dependent children may 591
otherwise be eligible, except that a person who qualifies for 592
benefits under this section is not eligible for the health 593
insurance subsidy provided under chapter 121, chapter 175, or 594
chapter 185. 595
596
Notwithstanding any provision of this section to the contrary, 597
the death benefits provided in paragraphs (b), (c), and (f) 598
shall also be applicable and paid in cases where a firefighter 599
received bodily injury prior to July 1, 1993, and subsequently 600
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died on or after July 1, 1993, as a result of such in -line-of-601
duty injury. 602
Section 10. Section 217.07, Florida Statutes, is amended 603
to read: 604
217.07 Transfer of surplus property assets to departm ent.—605
The Chief Financial Officer is authorized to transfer to 606
the department any funds unexpended in the Surplus Property 607
Revolving Trust Fund account in the State Treasury. This 608
revolving fund shall remain in existence as a separate trust 609
fund as long as the surplus property program exists. Upon 610
termination of the program any remaining funds shall be disposed 611
of as provided by federal law. All funds held in the Surplus 612
Property Revolving Trust Fund account in the State Treasury 613
which are generated by the Federal Surplus Personal Property 614
Donation Program shall be used only for the direct and indirect 615
operating expenses of the federal program administered by the 616
department. 617
Section 11. Sections 255.101 and 255.102, Florida 618
Statutes, are repealed. 619
Section 12. Paragraphs (a) and (c) of subsection (2) and 620
paragraphs (b) and (c) of subsection (3) of section 287.042, 621
Florida Statutes, are amended to read: 622
287.042 Powers, duties, and functions. —The department 623
shall have the following powers, duties, and functions: 624
(2)(a) To establish purchasing agreements and procure 625
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state term contracts for commodities and contractual services, 626
pursuant to s. 287.057, under which state agencies shall, and 627
eligible users may, make purchases pursuant to s. 287.056. The 628
department may restrict purchases from some term contracts to 629
state agencies only for those term contracts where the inclusion 630
of other governmental entities will have an adverse effect on 631
competition or to those federal facilities located in this 632
state. In such planning or purchasing the Office of Supplier 633
Diversity may monitor to ensure that opportunities are afforded 634
for contracting with minority business enterprises. The 635
department, for state term contracts, and all agencies, for 636
multiyear contractual se rvices or term contracts, shall explore 637
reasonable and economical means to utilize certified minority 638
business enterprises. Purchases by any county, municipality, 639
private nonprofit community transportation coordinator 640
designated pursuant to chapter 427, wh ile conducting business 641
related solely to the Commission for the Transportation 642
Disadvantaged, or other local public agency under the provisions 643
in the state purchasing contracts, and purchases, from the 644
corporation operating the correctional work programs , of 645
products or services that are subject to paragraph (1)(f), are 646
exempt from the competitive solicitation requirements otherwise 647
applying to their purchases. 648
(c) Any person who files an action protesting a decision 649
or intended decision pertaining to c ontracts administered by the 650
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department, a water management district, or an agency pursuant 651
to s. 120.57(3)(b) shall post with the department, the water 652
management district, or the agency at the time of filing the 653
formal written protest a bond payable to t he department, the 654
water management district, or agency in an amount equal to 1 655
percent of the estimated contract amount. For protests of 656
decisions or intended decisions pertaining to exceptional 657
purchases, the bond shall be in an amount equal to 1 percent of 658
the estimated contract amount for the exceptional purchase. The 659
estimated contract amount shall be based upon the contract price 660
submitted by the protestor or, if no contract price was 661
submitted, the department, water management district, or agency 662
shall estimate the contract amount based on factors including, 663
but not limited to, the price of previous or existing contracts 664
for similar commodities or contractual services, the amount 665
appropriated by the Legislature for the contract, or the fair 666
market value of similar commodities or contractual services. The 667
agency shall provide the estimated contract amount to the vendor 668
within 72 hours, excluding Saturdays, Sundays, and state 669
holidays, after the filing of the notice of protest by the 670
vendor. The estimate d contract amount is not subject to protest 671
pursuant to s. 120.57(3). The bond shall be conditioned upon the 672
payment of all costs and charges that are adjudged against the 673
protestor in the administrative hearing in which the action is 674
brought and in any su bsequent appellate court proceeding. In 675
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lieu of a bond, the department, the water management district, 676
or agency may, in either case, accept a cashier's check, 677
official bank check, or money order in the amount of the bond. 678
If, after completion of the admin istrative hearing process and 679
any appellate court proceedings, the department, water 680
management district, or agency prevails, it shall recover all 681
costs and charges which shall be included in the final order or 682
judgment, excluding attorney attorney's fees. This section shall 683
not apply to protests filed by the Office of Supplier Diversity. 684
Upon payment of such costs and charges by the protestor, the 685
bond, cashier's check, official bank check, or money order shall 686
be returned to the protestor. If, after the c ompletion of the 687
administrative hearing process and any appellate court 688
proceedings, the protestor prevails, the protestor shall recover 689
from the department, water management district, or agency all 690
costs and charges which shall be included in the final or der or 691
judgment, excluding attorney attorney's fees. 692
(3) To establish a system of coordinated, uniform 693
procurement policies, procedures, and practices to be used by 694
agencies in acquiring commodities and contractual services, 695
which shall include, but not be limited to: 696
(b)1. Development of procedures for advertising 697
solicitations. These procedures must provide for electronic 698
posting of solicitations for at least 10 days before the date 699
set for receipt of bids, proposals, or replies, unless the 700
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department or other agency determines in writing that a shorter 701
period of time is necessary to avoid harming the interests of 702
the state. The Office of Supplier Diversity may consult with the 703
department regarding the development of solicitation 704
distribution procedure s to ensure that maximum distribution is 705
afforded to certified minority business enterprises as defined 706
in s. 288.703. 707
2. Development of procedures for electronic posting. The 708
department shall designate a centralized website on the Internet 709
for the department and other agencies to electronically post 710
solicitations, decisions or intended decisions, and other 711
matters relating to procurement. 712
(c) Development of procedures for the receipt and opening 713
of bids, proposals, or replies by an agency. Such procedures 714
shall provide the Office of Supplier Diversity an opportunity to 715
monitor and ensure that the contract award is consistent with 716
the requirements of s. 287.09451. 717
Section 13. Paragraph (d) of subsection (3) and paragraph 718
(b) of subsection (4) of sect ion 287.055, Florida Statutes, are 719
amended to read: 720
287.055 Acquisition of professional architectural, 721
engineering, landscape architectural, or surveying and mapping 722
services; definitions; procedures; contingent fees prohibited; 723
penalties.— 724
(3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. — 725
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(d) Each agency shall evaluate professional services, 726
including capabilities, adequacy of personnel, past record, 727
experience, whether the firm is a certified minority business 728
enterprise as defined by the Flori da Small and Minority Business 729
Assistance Act, and other factors determined by the agency to be 730
applicable to its particular requirements. When securing 731
professional services, an agency must endeavor to meet the 732
minority business enterprise procurement goa ls under s. 733
287.09451. 734
(4) COMPETITIVE SELECTION. — 735
(b) The agency shall select in order of preference no 736
fewer than three firms deemed to be the most highly qualified to 737
perform the required services. In determining whether a firm is 738
qualified, the agency shall consider such factors as the ability 739
of professional personnel; whether a firm is a certified 740
minority business enterprise; past performance; willingness to 741
meet time and budget requirements; location; recent, current, 742
and projected workloads of the firms; and the volume of work 743
previously awarded to each firm by the agency, with the object 744
of effecting an equitable distribution of contracts among 745
qualified firms, provided such distribution does not violate the 746
principle of selection of the most h ighly qualified firms. The 747
agency may request, accept, and consider proposals for the 748
compensation to be paid under the contract only during 749
competitive negotiations under subsection (5). 750
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Section 14. Subsections (10) and (11) and (13) through 751
(28) of section 287.057, Florida Statutes, are renumbered as 752
subsections (8) and (9) and (10) through (25), respectively, and 753
subsection (7), present subsections (8), (9), (12), and (14), 754
paragraph (d) of present subsection (15), and present subsection 755
(18) of that section are amended to read: 756
287.057 Procurement of commodities or contractual 757
services.— 758
(7) Upon issuance of any solicitation, an agency shall, 759
upon request by the department, forward to the department one 760
copy of each solicitation for all commodity and contractual 761
services purchases in excess of the threshold amount provided in 762
s. 287.017 for CATEGORY TWO. An agency shall also, upon request, 763
furnish a copy of all competitive -solicitation tabulations. The 764
Office of Supplier Diversity may also request from the agencies 765
any information submitted to the department pursuant to this 766
subsection. 767
(8)(a) In order to strive to meet the minority business 768
enterprise procurement goals set forth in s. 287.09451, an 769
agency may reserve any contract for competitive solicitation 770
only among certified minority business enterprises. Agencies 771
shall review all their contracts each fiscal year and shall 772
determine which contracts may be reserved for solicitation only 773
among certified minority business enterprises. This reservation 774
may only be used when it is determined, by reasonable and 775
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objective means, before the s olicitation that there are capable, 776
qualified certified minority business enterprises available to 777
submit a bid, proposal, or reply on a contract to provide for 778
effective competition. The Office of Supplier Diversity shall 779
consult with any agency in reachi ng such determination when 780
deemed appropriate. 781
(b) Before a contract may be reserved for solicitation 782
only among certified minority business enterprises, the agency 783
head must find that such a reservation is in the best interests 784
of the state. All determi nations shall be subject to s. 785
287.09451(5). Once a decision has been made to reserve a 786
contract, but before sealed bids, proposals, or replies are 787
requested, the agency shall estimate what it expects the amount 788
of the contract to be, based on the nature o f the services or 789
commodities involved and their value under prevailing market 790
conditions. If all the sealed bids, proposals, or replies 791
received are over this estimate, the agency may reject the bids, 792
proposals, or replies and request new ones from certif ied 793
minority business enterprises, or the agency may reject the 794
bids, proposals, or replies and reopen the bidding to all 795
eligible vendors. 796
(c) All agencies shall consider the use of price 797
preferences of up to 10 percent, weighted preference formulas, 798
or other preferences for vendors as determined appropriate 799
pursuant to guidelines established in accordance with s. 800
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287.09451(4) to increase the participation of minority business 801
enterprises. 802
(d) All agencies shall avoid any undue concentration of 803
contracts or purchases in categories of commodities or 804
contractual services in order to meet the minority business 805
enterprise purchasing goals in s. 287.09451. 806
(9) An agency may reserve any contract for competitive 807
solicitation only among vendors who agree to u se certified 808
minority business enterprises as subcontractors or subvendors. 809
The percentage of funds, in terms of gross contract amount and 810
revenues, which must be expended with the certified minority 811
business enterprise subcontractors and subvendors shall be 812
determined by the agency before such contracts may be reserved. 813
In order to bid on a contract so reserved, the vendor shall 814
identify those certified minority business enterprises which 815
will be utilized as subcontractors or subvendors by sworn 816
statement. At the time of performance or project completion, the 817
contractor shall report by sworn statement the payments and 818
completion of work for all certified minority business 819
enterprises used in the contract. 820
(12) If two equal responses to a solicitation or a request 821
for quote are received and one response is from a certified 822
minority business enterprise, the agency shall enter into a 823
contract with the certified minority business enterprise. 824
(11)(14) Contracts for commodities or contractual services 825
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may be renewed for a period that may not exceed 3 years or the 826
term of the original contract, whichever is longer. Renewal of a 827
contract for commodities or contractual services must be in 828
writing and is subject to the same terms and conditions set 829
forth in the initial contract and any written amendments signed 830
by the parties. If the commodity or contractual service is 831
purchased as a result of the solicitation of bids, proposals, or 832
replies, the price of the commodity or contractual service to be 833
renewed must be specified in the bid, proposal, or reply, except 834
that an agency may negotiate lower pricing. A renewal contract 835
may not include any compensation for costs associated with the 836
renewal. Renewals are contingent upon satisfactory performance 837
evaluations by the ag ency and subject to the availability of 838
funds. Exceptional purchase contracts pursuant to paragraphs 839
(3)(a) and (c) may not be renewed. With the exception of 840
subsection (9) (11), if a contract amendment results in a longer 841
contract term or increased paymen ts, a state agency may not 842
renew or amend a contract for the outsourcing of a service or 843
activity that has an original term value exceeding $5 million 844
before submitting a written report concerning contract 845
performance to the Governor, the President of the Senate, and 846
the Speaker of the House of Representatives at least 90 days 847
before execution of the renewal or amendment. 848
(12)(15) 849
(d) Each contract manager who is responsible for contracts 850
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in excess of $10 million annually must, in addition to the 851
training required in paragraph (b) and the training and 852
certification required in paragraph (c), possess at least 3 5 853
years of experience managing contracts of at least in excess of 854
$5 million in total annually. 855
(15)(18) Any person who supervises contract admin istrators 856
or contract or grant managers that meet criteria for 857
certification in subsection (12) (15) shall annually complete 858
public procurement training for supervisors within 12 months 859
after appointment to the supervisory position. The department is 860
responsible for establishing and disseminating the training 861
course content required for supervisors. 862
Section 15. Section 287.084, Florida Statutes, is amended 863
to read: 864
287.084 Preference to Florida businesses. — 865
(1) For purposes of this section, a vendor is deemed to 866
have its principal place of business in this state if the 867
vendor: 868
(a) Is incorporated in this state as a Florida business 869
entity and is not a foreign business entity, unless 870
incorporation is used to do business on behalf of a parent 871
company or benefit an owner outside of this state. 872
(b) Maintains a physical location in this state. 873
(c) Has more than 50 percent of its workforce domiciled in 874
this state. 875
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(2)(a) For competitive solicitations for contracts for 876
commodities or contractual services in excess of the threshold 877
amount provided for CATEGORY TWO in s. 287.017, an agency must 878
apply a 5 percent price preference for bids and proposals from a 879
vendor whose principal place of business is in this state. For 880
competitive solicitations under s. 287.057(1)(c), an agency must 881
apply a 5 percent price preference for a vendor the principal 882
place of business of which is in this state if pricing is scored 883
during the evaluation phase. If pricing is not scored during the 884
evaluation phase, an agency must include such preference in the 885
stated goals of an invitation to negotiate to determine best 886
value. 887
(b) For competitive solicitations for contracts for 888
commodities or contractual services under this subsection, an 889
agency must give preference in the following order for any bid, 890
proposal, or reply submitted by a vendor the principal place of 891
business of which is in this state, provided the statements in 892
such bid, proposal, or reply are equal with respect to price, 893
quality, and service: 894
1. To the vendor that manufactures and assembles goods in 895
their entirety in this state. A vendor may not substitute e nd 896
products that would otherwise not qualify for such preference 897
after the award of the contract or during the contract term, 898
unless pricing or availability of supply is affected by extreme 899
and unforeseen volatility in the marketplace. 900
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2. To the vendor that manufactures a larger percentage of 901
its goods in this state. 902
3. To the vendor that employs the greater number of 903
individuals who are domiciled in this state. 904
(3)(a) For competitive solicitations for contracts for 905
commodities or contractual services in excess of the threshold 906
amount for CATEGORY TWO in s. 287.017, an agency must apply a 5 907
percent price preference for bids and proposals from a vendor 908
the principal place of business of which is outside of this 909
state. For competitive solicitations pursu ant to section s. 910
287.057(1)(c), an agency must apply a 5 percent price preference 911
for a reply from a vendor the principal place of business of 912
which is outside of this state if pricing is scored during the 913
evaluation phase. If pricing is not scored during the evaluation 914
phase, an agency must include such preference in the stated 915
goals of an invitation to negotiate to determine best value. 916
(b) For competitive solicitations for contracts for 917
commodities or contractual services under this subsection, an 918
agency must give preference in the following order for any bid, 919
proposal, or reply submitted by a vendor the principal place of 920
business of which is outside of this state, provided the 921
statements in such bid, proposal, or reply are equal with 922
respect to price, quality, and service: 923
1. To the vendor that manufactures and assembles goods in 924
their entirety in this state, and if such vendor does not exist, 925
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to the vendor that manufactures and assembles goods outside this 926
state. A vendor may not substitute end pro ducts that would 927
otherwise not qualify for such preference after the award of the 928
contract or during the contract term, unless pricing or 929
availability of supply is affected by extreme and unforeseen 930
volatility in the marketplace. 931
2. To the vendor that ma nufactures a larger percentage of 932
its goods in this state, and if such vendor does not exist, to 933
the vendor that manufacturers goods outside of this state. 934
3. To the vendor that employs a greater number of 935
individuals who are domiciled in this state, and if such vendor 936
does not exist, to the vendor that employs individuals who are 937
not domiciled in this state. 938
(c) Section 287.092 does not apply to any preference 939
applied for bids and proposals from a vendor the principal place 940
of business of which is outs ide of this state. 941
(1)(a) When an agency, university, college, school 942
district, or other political subdivision of the state is 943
required to make purchases of personal property through 944
competitive solicitation and the lowest responsible and 945
responsive bid, proposal, or reply is by a vendor whose 946
principal place of business is in a state or political 947
subdivision thereof which grants a preference for the purchase 948
of such personal property to a person whose principal place of 949
business is in such state, then th e agency, university, college, 950
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school district, or other political subdivision of this state 951
shall award a preference to the lowest responsible and 952
responsive vendor having a principal place of business within 953
this state, which preference is equal to the p reference granted 954
by the state or political subdivision thereof in which the 955
lowest responsible and responsive vendor has its principal place 956
of business. In a competitive solicitation in which the lowest 957
bid is submitted by a vendor whose principal place of business 958
is located outside the state and that state does not grant a 959
preference in competitive solicitation to vendors having a 960
principal place of business in that state, the preference to the 961
lowest responsible and responsive vendor having a principal 962
place of business in this state shall be 5 percent. 963
(2) A vendor whose principal place of business is outside 964
this state must accompany any written bid, proposal, or reply 965
documents with a written opinion of an attorney at law licensed 966
to practice law in that foreign state, as to the preferences, if 967
any or none, granted by the law of that state to its own 968
business entities whose principal places of business are in that 969
foreign state in the letting of any or all public contracts. 970
(4)(3)(a) A vendor the whose principal place of business 971
of which is in this state may not be precluded from being an 972
authorized reseller of information technology commodities of a 973
state contractor as long as the vendor demonstrates that it 974
employs an internationally recognized quality management system, 975
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such as ISO 9001 or its equivalent, and provides a warranty on 976
the information technology commodities which is, at a minimum, 977
of equal scope and length as that of the contract. 978
(5)(b) This section subsection applies to any solicitation 979
or renewal of any state contract executed on or after January 1, 980
2026. However, this section does not apply to procurements when 981
the funding source prohibits such preference July 1, 2012. 982
Section 16. Sections 287.093, 287.0931, 287.094, 287.0 943, 983
and 287.09431, Florida Statutes, are repealed. 984
Section 17. Section 287.09451, Florida Statutes, is 985
amended to read: 986
287.09451 Office of Supplier Development Diversity; 987
powers, duties, and functions. — 988
(1) The Office of Supplier Development is e stablished 989
within the Department of Management Services to assist Florida -990
based enterprises in becoming suppliers of commodities, 991
services, and construction to state government. 992
(1) The Legislature finds that there is evidence of a 993
systematic pattern of past and continuing racial discrimination 994
against minority business enterprises and a disparity in the 995
availability and use of minority business enterprises in the 996
state procurement system. It is determined to be a compelling 997
state interest to rectify suc h discrimination and disparity. 998
Based upon statistical data profiling this discrimination, the 999
Legislature has enacted race -conscious and gender -conscious 1000
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remedial programs to ensure minority participation in the 1001
economic life of the state, in state contra cts for the purchase 1002
of commodities and services, and in construction contracts. The 1003
purpose and intent of this section is to increase participation 1004
by minority business enterprises accomplished by encouraging the 1005
use of minority business enterprises and t he entry of new and 1006
diversified minority business enterprises into the marketplace. 1007
(2) The Office of Supplier Diversity is established within 1008
the Department of Management Services to assist minority 1009
business enterprises in becoming suppliers of commodit ies, 1010
services, and construction to state government. 1011
(2)(3) The secretary shall appoint an executive director 1012
for the Office of Supplier Development Diversity, who shall 1013
serve at the pleasure of the secretary. 1014
(3)(4) The Office of Supplier Development Diversity shall 1015
have the following powers, duties, and functions: 1016
(a) To adopt rules to determine what constitutes a "good 1017
faith effort" for purposes of state agency compliance with the 1018
minority business enterprise procurement goals set forth in s. 1019
287.042. Factors which shall be considered by the Minority 1020
Business Enterprise Assistance Office in determining good faith 1021
effort shall include, but not be limited to: 1022
1. Whether the agency scheduled presolicitation or prebid 1023
meetings for the purpose of infor ming minority business 1024
enterprises of contracting and subcontracting opportunities. 1025
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2. Whether the contractor advertised in general 1026
circulation, trade association, or minority -focus media 1027
concerning the subcontracting opportunities. 1028
3. Whether the agen cy effectively used services and 1029
resources of available minority community organizations; 1030
minority contractors' groups; local, state, and federal minority 1031
business assistance offices; and other organizations that 1032
provide assistance in the recruitment and p lacement of minority 1033
business enterprises or minority persons. 1034
4. Whether the agency provided written notice to a 1035
reasonable number of minority business enterprises that their 1036
interest in contracting with the agency was being solicited in 1037
sufficient time to allow the minority business enterprises to 1038
participate effectively. 1039
(b) To adopt rules to determine what constitutes a "good 1040
faith effort" for purposes of contractor compliance with 1041
contractual requirements relating to the use of services or 1042
commodities of a minority business enterprise under s. 1043
287.094(2). Factors which shall be considered by the Office of 1044
Supplier Diversity in determining whether a contractor has made 1045
good faith efforts shall include, but not be limited to: 1046
1. Whether the contract or attended any presolicitation or 1047
prebid meetings that were scheduled by the agency to inform 1048
minority business enterprises of contracting and subcontracting 1049
opportunities. 1050
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2. Whether the contractor advertised in general 1051
circulation, trade association, or minority-focus media 1052
concerning the subcontracting opportunities. 1053
3. Whether the contractor provided written notice to a 1054
reasonable number of specific minority business enterprises that 1055
their interest in the contract was being solicited in sufficient 1056
time to allow the minority business enterprises to participate 1057
effectively. 1058
4. Whether the contractor followed up initial 1059
solicitations of interest by contacting minority business 1060
enterprises or minority persons to determine with certainty 1061
whether the minority business enterprises or minority persons 1062
were interested. 1063
5. Whether the contractor selected portions of the work to 1064
be performed by minority business enterprises in order to 1065
increase the likelihood of meeting the minority business 1066
enterprise procurement goals, including, where appropriate, 1067
breaking down contracts into economically feasible units to 1068
facilitate minority business enterprise participation. 1069
6. Whether the contractor provided interested minority 1070
business enterprises or minority person s with adequate 1071
information about the plans, specifications, and requirements of 1072
the contract or the availability of jobs. 1073
7. Whether the contractor negotiated in good faith with 1074
interested minority business enterprises or minority persons, 1075
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not rejecting minority business enterprises or minority persons 1076
as unqualified without sound reasons based on a thorough 1077
investigation of their capabilities. 1078
8. Whether the contractor effectively used the services of 1079
available minority community organizations; minori ty 1080
contractors' groups; local, state, and federal minority business 1081
assistance offices; and other organizations that provide 1082
assistance in the recruitment and placement of minority business 1083
enterprises or minority persons. 1084
(c) To adopt rules and do all t hings necessary or 1085
convenient to guide all state agencies toward making 1086
expenditures for commodities, contractual services, 1087
construction, and architectural and engineering services with 1088
certified minority business enterprises in accordance with the 1089
minority business enterprise procurement goals set forth in s. 1090
287.042. 1091
(d) To monitor the degree to which agencies procure 1092
services, commodities, and construction from minority business 1093
enterprises in conjunction with the Department of Financial 1094
Services as specified in s. 17.11. 1095
(a)(e) To receive and disseminate information : 1096
1. For the growth and success of small businesses in this 1097
state, which may include the planning, hosting, and support of 1098
events for Florida-based enterprises. 1099
2. Related to procurement opportunities for Florida -based 1100
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enterprises and to provide technical assistance, as needed. 1101
(b) To create a process for electronic certification and 1102
recertification for certified veteran business enterprises under 1103
s. 295.187. 1104
(c) To advise and provide educational and other resources 1105
to state agencies on methods and techniques for achieving 1106
procurement objectives that increase the use of Florida -based 1107
enterprises in state and local government procurement contracts. 1108
(4) The department shall promulgate rules and prescribe 1109
and publish forms, as necessary, to effectuate the duties of 1110
this office which are reasonably related to the provisions of 1111
this section. 1112
(5) For purposes of this section, the term "Florida -based 1113
enterprise" means a business enterprise that: 1114
(a) Is incorporated in this state as a Florida business 1115
entity and is not a foreign business entity, unless 1116
incorporation is used to do business on behalf of a parent 1117
company or benefit an owner outside of this state. 1118
(b) Maintains a physical location in this state. 1119
(c) Has more than 50 percent of its workforce domiciled in 1120
this state relative to procurement opportunities, availability 1121
of minority business enterprises, and technical assistance . 1122
(f) To advise agencies on methods and techniques for 1123
achieving procurement objectives. 1124
(g) To provide a central minority business enterprise 1125
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certification process which includes independent verification of 1126
status as a minority business enterprise. 1127
(h) To develop procedures to investigate complaints 1128
against minority business enterprises or contractors alleged to 1129
violate any provision related to this section or s. 287.0943, 1130
that may include visits to worksites or business premises, and 1131
to refer all information on businesses su spected of 1132
misrepresenting minority status to the Department of Management 1133
Services for investigation. When an investigation is completed 1134
and there is reason to believe that a violation has occurred, 1135
the matter shall be referred to the office of the Attorn ey 1136
General, Department of Legal Affairs, for prosecution. 1137
(i) To maintain a directory of all minority business 1138
enterprises which have been certified and provide this 1139
information to any agency or business requesting it. 1140
(j) To encourage all firms which do more than $1 million 1141
in business with the state within a 12 -month period to develop, 1142
implement, and submit to this office a minority business 1143
development plan. 1144
(k) To communicate on a monthly basis with the Small and 1145
Minority Business Advisory Council to keep the council informed 1146
on issues relating to minority enterprise procurement. 1147
(l) To serve as an advocate for minority business 1148
enterprises, and coordinate with the small and minority business 1149
ombudsman, as defined in s. 288.703, which duties shal l include: 1150
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1. Ensuring that agencies supported by state funding 1151
effectively target the delivery of services and resources, as 1152
related to minority business enterprises. 1153
2. Establishing standards within each industry with which 1154
the state government contr acts on how agencies and contractors 1155
may provide the maximum practicable opportunity for minority 1156
business enterprises. 1157
3. Assisting agencies and contractors by providing 1158
outreach to minority businesses, by specifying and monitoring 1159
technical and manager ial competence for minority business 1160
enterprises, and by consulting in planning of agency procurement 1161
to determine how best to provide opportunities for minority 1162
business enterprises. 1163
4. Integrating technical and managerial assistance for 1164
minority business enterprises with government contracting 1165
opportunities. 1166
(m) To certify minority business enterprises, as defined 1167
in s. 288.703, and as specified in ss. 287.0943 and 287.09431, 1168
and shall recertify such minority businesses at least once every 1169
2 years. Minority business enterprises must be recertified at 1170
least once every 2 years. Such certifications may include an 1171
electronic signature. 1172
(n)1. To develop procedures to be used by an agency in 1173
identifying commodities, contractual services, architectural and 1174
engineering services, and construction contracts, except those 1175
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architectural, engineering, construction, or other related 1176
services or contracts subject to the provisions of chapter 339, 1177
that could be provided by minority business enterprises. Each 1178
agency is encouraged to spend 21 percent of the moneys actually 1179
expended for construction contracts, 25 percent of the moneys 1180
actually expended for architectural and engineering contracts, 1181
24 percent of the moneys actually expended for commodities, and 1182
50.5 percent of the moneys actually expended for contractual 1183
services during the previous fiscal year, except for the state 1184
university constructio n program which shall be based upon public 1185
education capital outlay projections for the subsequent fiscal 1186
year, and reported to the Legislature pursuant to s. 216.023, 1187
for the purpose of entering into contracts with certified 1188
minority business enterprises as defined in s. 288.703, or 1189
approved joint ventures. However, in the event of budget 1190
reductions pursuant to s. 216.221, the base amounts may be 1191
adjusted to reflect such reductions. The overall spending goal 1192
for each industry category shall be subdivided a s follows: 1193
a. For construction contracts: 4 percent for black 1194
Americans, 6 percent for Hispanic -Americans, and 11 percent for 1195
American women. 1196
b. For architectural and engineering contracts: 9 percent 1197
for Hispanic-Americans, 1 percent for Asian -Americans, and 15 1198
percent for American women. 1199
c. For commodities: 2 percent for black Americans, 4 1200
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percent for Hispanic -Americans, 0.5 percent for Asian -Americans, 1201
0.5 percent for Native Americans, and 17 percent for American 1202
women. 1203
d. For contractual services : 6 percent for black 1204
Americans, 7 percent for Hispanic -Americans, 1 percent for 1205
Asian-Americans, 0.5 percent for Native Americans, and 36 1206
percent for American women. 1207
2. For the purposes of commodities contracts for the 1208
purchase of equipment to be used i n the construction and 1209
maintenance of state transportation facilities involving the 1210
Department of Transportation, the terms "minority business 1211
enterprise" and "minority person" have the same meanings as 1212
provided in s. 288.703. In order to ensure that the g oals 1213
established under this paragraph for contracting with certified 1214
minority business enterprises are met, the department, with the 1215
assistance of the Office of Supplier Diversity, shall make 1216
recommendations to the Legislature on revisions to the goals, 1217
based on an updated statistical analysis, at least once every 5 1218
years. Such recommendations shall be based on statistical data 1219
indicating the availability of and disparity in the use of 1220
minority businesses contracting with the state. 1221
3. In determining the base amounts for assessing 1222
compliance with this paragraph, the Office of Supplier Diversity 1223
may develop, by rule, guidelines for all agencies to use in 1224
establishing such base amounts. These rules must include, but 1225
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are not limited to, guidelines for calcula tion of base amounts, 1226
a deadline for the agencies to submit base amounts, a deadline 1227
for approval of the base amounts by the Office of Supplier 1228
Diversity, and procedures for adjusting the base amounts as a 1229
result of budget reductions made pursuant to s. 21 6.221. 1230
4. To determine guidelines for the use of price 1231
preferences, weighted preference formulas, or other preferences, 1232
as appropriate to the particular industry or trade, to increase 1233
the participation of minority businesses in state contracting. 1234
These guidelines shall include consideration of: 1235
a. Size and complexity of the project. 1236
b. The concentration of transactions with minority 1237
business enterprises for the commodity or contractual services 1238
in question in prior agency contracting. 1239
c. The specificity and definition of work allocated to 1240
participating minority business enterprises. 1241
d. The capacity of participating minority business 1242
enterprises to complete the tasks identified in the project. 1243
e. The available pool of minority business ente rprises as 1244
prime contractors, either alone or as partners in an approved 1245
joint venture that serves as the prime contractor. 1246
5. To determine guidelines for use of joint ventures to 1247
meet minority business enterprises spending goals. For purposes 1248
of this section, "joint venture" means any association of two or 1249
more business concerns to carry out a single business enterprise 1250
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for profit, for which purpose they combine their property, 1251
capital, efforts, skills, and knowledge. The guidelines shall 1252
allow transactions with joint ventures to be eligible for credit 1253
against the minority business enterprise goals of an agency when 1254
the contracting joint venture demonstrates that at least one 1255
partner to the joint venture is a certified minority business 1256
enterprise as defined in s. 288.703, and that such partner is 1257
responsible for a clearly defined portion of the work to be 1258
performed, and shares in the ownership, control, management, 1259
responsibilities, risks, and profits of the joint venture. Such 1260
demonstration shall be by v erifiable documents and sworn 1261
statements and may be reviewed by the Office of Supplier 1262
Diversity at or before the time a contract bid, proposal, or 1263
reply is submitted. An agency may count toward its minority 1264
business enterprise goals a portion of the total dollar amount 1265
of a contract equal to the percentage of the ownership and 1266
control held by the qualifying certified minority business 1267
partners in the contracting joint venture, so long as the joint 1268
venture meets the guidelines adopted by the office. 1269
(o)1. To establish a system to record and measure the use 1270
of certified minority business enterprises in state contracting. 1271
This system shall maintain information and statistics on 1272
certified minority business enterprise participation, awards, 1273
dollar volume of expenditures and agency goals, and other 1274
appropriate types of information to analyze progress in the 1275
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access of certified minority business enterprises to state 1276
contracts and to monitor agency compliance with this section. 1277
Such reporting must include, but is not limited to, the 1278
identification of all subcontracts in state contracting by 1279
dollar amount and by number of subcontracts and the 1280
identification of the utilization of certified minority business 1281
enterprises as prime contractors and subcontractors by dolla r 1282
amounts of contracts and subcontracts, number of contracts and 1283
subcontracts, minority status, industry, and any conditions or 1284
circumstances that significantly affected the performance of 1285
subcontractors. Agencies shall report their compliance with the 1286
requirements of this reporting system at least annually and at 1287
the request of the office. All agencies shall cooperate with the 1288
office in establishing this reporting system. Except in 1289
construction contracting, all agencies shall review contracts 1290
costing in excess of CATEGORY FOUR as defined in s. 287.017 to 1291
determine if such contracts could be divided into smaller 1292
contracts to be separately solicited and awarded, and shall, 1293
when economical, offer such smaller contracts to encourage 1294
minority participation. 1295
2. To report agency compliance with the provisions of 1296
subparagraph 1. for the preceding fiscal year to the Governor 1297
and Cabinet, the President of the Senate, and the Speaker of the 1298
House of Representatives on or before February 1 of each year. 1299
The report must contain, at a minimum, the following: 1300
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a. Total expenditures of each agency by industry. 1301
b. The dollar amount and percentage of contracts awarded 1302
to certified minority business enterprises by each state agency. 1303
c. The dollar amount and percentage of contracts awarded 1304
indirectly to certified minority business enterprises as 1305
subcontractors by each state agency. 1306
d. The total dollar amount and percentage of contracts 1307
awarded to certified minority business enterprises, whether 1308
directly or indirectly, as subcontractors. 1309
e. A statement and assessment of good faith efforts taken 1310
by each state agency. 1311
f. A status report of agency compliance with subsection 1312
(6), as determined by the Minority Business Enterprise Office. 1313
(5)(a) Each agency shall, at the t ime the specifications 1314
or designs are developed or contract sizing is determined for 1315
any proposed procurement costing in excess of CATEGORY FOUR, as 1316
defined in s. 287.017, forward a notice to the Office of 1317
Supplier Diversity of the proposed procurement and any 1318
determination on the designs of specifications of the proposed 1319
procurement that impose requirements on prospective vendors, no 1320
later than 30 days prior to the issuance of a solicitation, 1321
except that this provision shall not apply to emergency 1322
acquisitions. The 30-day notice period shall not toll the time 1323
for any other procedural requirements. 1324
(b) If the Office of Supplier Diversity determines that 1325
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the proposed procurement will not likely allow opportunities for 1326
minority business enterprises, the offi ce may, within 20 days 1327
after it receives the information specified in paragraph (a), 1328
propose the implementation of minority business enterprise 1329
utilization provisions or submit alternative procurement methods 1330
that would significantly increase minority busi ness enterprise 1331
contracting opportunities. 1332
(c) Whenever the agency and the Office of Supplier 1333
Diversity disagree, the matter shall be submitted for 1334
determination to the head of the agency or the senior -level 1335
official designated pursuant to this section a s liaison for 1336
minority business enterprise issues. 1337
(d) If the proposed procurement proceeds to competitive 1338
solicitation, the office is hereby granted standing to protest, 1339
pursuant to this section, in a timely manner, any contract award 1340
during competitive solicitation for contractual services and 1341
construction contracts that fail to include minority business 1342
enterprise participation, if any responsible and responsive 1343
vendor has demonstrated the ability to achieve any level of 1344
participation, or, any contract award for commodities where, a 1345
reasonable and economical opportunity to reserve a contract, 1346
statewide or district level, for minority participation was not 1347
executed or, an agency failed to adopt an applicable preference 1348
for minority participation. The bon d requirement shall be waived 1349
for the office purposes of this subsection. 1350
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(e) An agency may presume that a vendor offering no 1351
minority participation has not made a good faith effort when 1352
other vendors offer minority participation of firms listed as 1353
relevant to the agency's purchasing needs in the pertinent 1354
locality or statewide to complete the project. 1355
(f) Paragraph (a) will not apply when the Office of 1356
Supplier Diversity determines that an agency has established a 1357
work plan to allow advance consultatio n and planning with 1358
minority business enterprises and where such plan clearly 1359
demonstrates: 1360
1. A high level of advance planning by the agency with 1361
minority business enterprises. 1362
2. A high level of accessibility, knowledge, and 1363
experience by minority bu siness enterprises in the agency's 1364
contract decisionmaking process. 1365
3. A high quality of agency monitoring and enforcement of 1366
internal implementation of minority business utilization 1367
provisions. 1368
4. A high quality of agency monitoring and enforcement of 1369
contractor utilization of minority business enterprises, 1370
especially tracking subcontractor data, and ensuring the 1371
integrity of subcontractor reporting. 1372
5. A high quality of agency outreach, agency networking of 1373
major vendors with minority vendors, and i nnovation in 1374
techniques to improve utilization of minority business 1375
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enterprises. 1376
6. Substantial commitment, sensitivity, and proactive 1377
attitude by the agency head and among the agency minority 1378
business staff. 1379
(6) Each state agency shall coordinate its minority 1380
business enterprise procurement activities with the Office of 1381
Supplier Diversity. At a minimum, each agency shall: 1382
(a) Adopt a minority business enterprise utilization plan 1383
for review and approval by the Office of Supplier Diversity 1384
which should require meaningful and useful methods to attain the 1385
legislative intent in assisting minority business enterprises. 1386
(b) Designate a senior -level employee in the agency as a 1387
minority enterprise assistance officer, responsible for 1388
overseeing the agency's m inority business utilization 1389
activities, and who is not also charged with purchasing 1390
responsibility. A senior -level agency employee and agency 1391
purchasing officials shall be accountable to the agency head for 1392
the agency's minority business utilization perfo rmance. The 1393
Office of Supplier Diversity shall advise each agency on 1394
compliance performance. 1395
(c) If an agency deviates significantly from its 1396
utilization plan in 2 consecutive or 3 out of 5 total fiscal 1397
years, the Office of Supplier Diversity may review any and all 1398
solicitations and contract awards of the agency as deemed 1399
necessary until such time as the agency meets its utilization 1400
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plan. 1401
Section 18. Sections 287.0947, 287.133, 287.134, 287.1346, 1402
and 287.1351, Florida Statutes, are repealed. 1403
Section 19. Section 287.1355, Florida Statutes, is created 1404
to read: 1405
287.1355 Prohibition against contracting with vendors or 1406
affiliates on prohibited vendors list. — 1407
(1) As used in this section, the term: 1408
(a) "Affiliate" means: 1409
1. A predecessor or successor of a person or entity that 1410
has been placed on a prohibited vendor list pursuant to this 1411
section. 1412
2. An entity under the control of any natural person or 1413
entity that is active in the management of the entity and that 1414
has been placed on a prohibi ted vendor list pursuant to this 1415
section. The term includes those officers, directors, 1416
executives, partners, shareholders, employees, members, and 1417
agents who are active in the management of an affiliate. The 1418
ownership by one person or entity of shares cons tituting a 1419
controlling interest in another person or entity, or a pooling 1420
of equipment or income among persons or entities when not for 1421
fair market value under an arm's length agreement, shall be a 1422
prima facie case that one person or entity controls anothe r 1423
person or entity. The term also includes a person who knowingly 1424
enters into a joint venture with another person who has 1425
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committed a public entity crime during the preceding 36 months. 1426
(b) "Controlling interest" means possession of the power 1427
to direct or cause the direction of the management or policies 1428
of a company, whether through ownership of securities, by 1429
contract, or otherwise. A person or entity that directly or 1430
indirectly has the right to vote 25 percent or more of the 1431
voting interests of the com pany or is entitled to 25 percent or 1432
more of its profits is presumed to possess a controlling 1433
interest. 1434
(c) "Convicted" or "conviction" means a finding of guilt 1435
or a conviction of a public entity crime, with or without an 1436
adjudication of guilt, in any fe deral or state trial court of 1437
record relating to charges brought by indictment or information 1438
as a result of a jury verdict, nonjury trial, or entry of a plea 1439
of guilty or nolo contendere. 1440
(d) "Discrimination" means a determination of liability by 1441
a state circuit court or federal district court for a violation 1442
of any state or federal law prohibiting discrimination on the 1443
basis of race, gender, national origin, disability, or religion 1444
by an entity; if an appeal is made, the determination of 1445
liability does not occur until the completion of any appeals to 1446
a higher tribunal. 1447
(e) "Economic incentive" means a grant or loan program 1448
administered by, or for which an applicant for the program must 1449
seek certification, approval, or other action by, a governmental 1450
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entity, agency, or department; a tax exemption, refund, or 1451
credit; and any other state incentive administered by the 1452
Department of Commerce. 1453
(f) "Forced labor" means work or service exacted from any 1454
person, including a minor, under the menace of a penalty for 1455
nonperformance and for which the worker does not offer himself 1456
or herself voluntarily or an activity that violates s. 787.06. 1457
(g) "Foreign country of concern" means the People's 1458
Republic of China, the Russian Federation, the Islamic Republic 1459
of Iran, the Democratic People's Republic of Korea, the Republic 1460
of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 1461
Arab Republic, including any agency of or any other entity of 1462
significant control of such foreign country of concern. 1463
(h) "Public entity" means the State of Florida, any of its 1464
departments or agencies, or any political subdivision. 1465
(i) "Public entity crime" means a violation of any state 1466
or federal law by a person with respect to and directly related 1467
to the transaction of business wit h any public entity or with an 1468
agency or political subdivision of any other state or with the 1469
United States, including, but not limited to, any bid, proposal, 1470
reply, or contract for goods or services, any lease for real 1471
property, or any contract for the co nstruction or repair of a 1472
public building or public work, involving antitrust, fraud, 1473
theft, bribery, collusion, racketeering, conspiracy, or material 1474
misrepresentation. 1475
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(j) "Senior management" means chief executive officers; 1476
assistant chief executive of ficers, including, but not limited 1477
to, assistant presidents, vice presidents, or assistant 1478
treasurers; chief financial officers; chief personnel officers; 1479
or any employee of an entity performing similar functions. 1480
(k) "Vendor" means a person or an entity that provides 1481
goods or services to a public entity under a contract or submits 1482
a bid, proposal, or reply to provide goods or services to a 1483
public entity. 1484
(2)(a) The department shall establish a prohibited vendors 1485
list, which shall consist of vendors or affiliates that: 1486
1. Have been convicted of a public entity crime; 1487
2. Have engaged in discrimination; 1488
3. Are in default on any contract with a public entity or 1489
have otherwise repeatedly demonstrated a recent inability to 1490
fulfill the terms and conditio ns of previous public entity 1491
contracts or to adequately perform their duties under those 1492
contracts; 1493
4. Are scrutinized companies under s. 287.135; or 1494
5. Have used forced labor to support the production of 1495
goods or services. 1496
(b) A vendor or affiliate that has been placed on the 1497
prohibited vendors list pursuant to this section may not: 1498
1. Submit a bid, proposal, or reply on a contract to 1499
provide goods or services to a public entity. 1500
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2. Submit a bid, proposal, or reply on a contract with a 1501
public entity for the construction or repair of a public 1502
building or public work. 1503
3. Submit a bid, proposal, or reply on a lease of real 1504
property to a public entity. 1505
4. Be awarded a contract or perform work as a contractor, 1506
supplier, subcontractor, or consultant under a contract with a 1507
public entity. 1508
5. Renew a contract with a public entity. 1509
6. Transact business with a public entity. 1510
(3)(a) A public entity may not accept a bid, proposal, or 1511
reply from; award a new contract to; or transact new business 1512
with a vendor or affiliate that has been placed on the 1513
prohibited vendors list, unless the vendor or affiliate has been 1514
removed from the list under subsection (8). 1515
(b) Before a vendor enters into or renews a contract with 1516
a public entity for the provision of commodities, a member of 1517
the vendor's senior management must certify, in writing, that, 1518
to the best of his or her knowledge, the goods or services the 1519
vendor is offering to the public entity have not been produced, 1520
in whole or in part, by forced labor. Thi s paragraph does not 1521
apply to any purchase made by a public entity from term 1522
contracts managed by the department. 1523
(c) At the time of entering into or renewing a contract 1524
with a public entity, a vendor or affiliate shall disclose to 1525
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the public entity whet her the vendor or affiliate has ever been 1526
placed on the prohibited vendors list pursuant to this section. 1527
(4) Any invitation to bid, request for proposal, or 1528
invitation to negotiate, as defined by s. 287.012, and any 1529
written contract document prescribed by s. 287.058, that is 1530
entered into or renewed on or after January 1, 2026, by a public 1531
entity must contain a statement informing vendors and affiliates 1532
of the establishment of a prohibited vendors list pursuant to 1533
this section and allow for the terminatio n of a contract at the 1534
option of the awarding public agency if a vendor or affiliate is 1535
placed on the list. However, placement on the prohibited vendor 1536
list does not affect any rights or obligations under any 1537
contract, franchise, or other binding agreement that predates 1538
such placement, unless the awarding public entity subsequently 1539
elects to terminate the contract based upon such placement. 1540
(5)(a) The department shall maintain by electronic means 1541
the prohibited vendors list. The list shall contain the nam es, 1542
addresses, e-mail addresses, and telephone numbers of the 1543
vendors and affiliates. 1544
(b) The list shall be posted on the department's website. 1545
The list shall be updated by the department within 5 days after 1546
the issuance of a final order pursuant to subs ection (7). 1547
(6)(a) A vendor or affiliate shall send notice to the 1548
department within 30 days after qualifying, or anticipating 1549
qualifying, for placement on the prohibited vendors list. In 1550
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addition, a public entity that becomes aware of information that 1551
would cause a vendor or affiliate to be placed on the prohibited 1552
vendors list shall send the information to the department, in 1553
writing, within 10 days after becoming aware of the information. 1554
The department shall, upon receipt of the information from the 1555
department, or upon receipt of reasonable and credible 1556
information from any public entity, conduct an investigation to 1557
determine whether good cause exists to place the vendor or 1558
affiliate on the list. If a public entity sends the information 1559
to the department, the public entity shall assist the department 1560
in conducting the investigation. If the department has reason to 1561
believe that a vendor or affiliate qualifies for placement on 1562
the prohibited vendors list, the department may issue a written 1563
demand on the vendor or affiliate to appear and be examined 1564
under oath, to answer interrogatories under oath, or to produce 1565
documents or other tangible evidence for inspection and copying. 1566
The department shall conduct any such investigation in 1567
accordance with the Florida R ules of Civil Procedure. 1568
(b) In determining whether good cause exists pursuant to 1569
paragraph (a), the department shall make a determination on the 1570
basis of factual evidence collected during its investigation. 1571
(7)(a) Upon concluding its investigation, if the 1572
department determines good cause exists to place a vendor or 1573
affiliate on the prohibited vendors list, the department shall 1574
send written notice to the vendor or affiliate, which notice 1575
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shall contain: 1576
1. A statement of the department's intent to plac e the 1577
vendor or affiliate on the prohibited vendors list. 1578
2. A statement that the vendor or affiliate has a right to 1579
an administrative hearing. 1580
3. The procedural requirements as outlined in paragraph 1581
(b). 1582
4. The time requirements as outlined in parag raph (b). 1583
1584
A vendor or affiliate that does not receive notice pursuant to 1585
this paragraph may not be placed on the prohibited vendors list. 1586
(b) Within 21 days after a vendor's or an affiliate's 1587
receipt of notice pursuant to paragraph (a), the vendor or 1588
affiliate may file a petition for a formal hearing pursuant to 1589
ss. 120.569 and 120.57(1) to determine whether it is in the 1590
public interest for the vendor or affiliate to be placed on the 1591
prohibited vendors list. If the vendor or affiliate does not 1592
respond within 21 days to request a formal hearing, the vendor 1593
or affiliate is deemed to have waived its right to a formal 1594
hearing, and the department shall place the vendor or affiliate 1595
on the prohibited vendors list. A vendor or affiliate may not 1596
file a petition for a hearing under s. 120.57(2). The provisions 1597
of chapter 120 apply to any administrative hearing under this 1598
subsection, except to the extent such provisions conflict with 1599
the following: 1600
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1. The petition shall be filed with the department. The 1601
department shall be a party to the administrative proceeding. 1602
2. Within 5 days after the filing of the petition, the 1603
department shall send notice the Division of Administrative 1604
Hearings of the request for a formal hearing. The director of 1605
the Division of Administr ative Hearings shall, within 5 days 1606
after receipt of such notice, assign an administrative law judge 1607
to preside over the proceeding. The administrative law judge, 1608
upon request by a party, may consolidate any related 1609
proceedings. 1610
3. The administrative law judge shall conduct the formal 1611
hearing within 30 days after receiving such assignment, unless 1612
otherwise stipulated by the parties. 1613
4. Within 30 days after the formal hearing or receipt of 1614
the hearing transcript, whichever is later, the administrative 1615
law judge shall issue a final order, which order shall consist 1616
of findings of fact, conclusions of law, interpretation of 1617
agency rules, and any other information required by law or rule 1618
to be contained in the final order. 1619
5. The final order of the administ rative law judge shall 1620
be final agency action for purposes of s. 120.68. 1621
6. At any time after the filing of the petition, informal 1622
disposition may be made pursuant to s. 120.57(4). In that event, 1623
the administrative law judge shall enter a final order ado pting 1624
the stipulation, agreed settlement, or consent order. 1625
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(c) In a formal hearing conducted under this subsection, 1626
the department must establish by clear and convincing evidence 1627
that it is in the public interest for the vendor or affiliate to 1628
be placed on the prohibited vendors list. There is a rebuttable 1629
presumption that it is in the public interest for a vendor or an 1630
affiliate to be placed on the prohibited vendors list if there 1631
is proof that the vendor or affiliate: 1632
1. Has engaged in discrimination ; or 1633
2. Has provided goods or services produced, in whole or in 1634
part, by forced labor. 1635
(d) Upon establishment by the department that it is in the 1636
public interest for the vendor or affiliate to be placed on the 1637
prohibited vendors list, the vendor or aff iliate may prove by a 1638
preponderance of the evidence that it is not in the public 1639
interest for the vendor or affiliate to be placed on the list 1640
based on the factors listed in paragraph (e). 1641
(e) In determining whether it is in the public interest to 1642
place a vendor or affiliate on the prohibited vendors list 1643
pursuant to this section, the administrative law judge shall 1644
consider the following factors, as applicable: 1645
1. For purposes of any public entity crime, whether the 1646
vendor or affiliate was convicted and any reinstatement or 1647
clemency in relation thereto. 1648
2. The nature and details of the incident. 1649
3. The degree of culpability of the vendor or affiliate. 1650
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4. The prompt or voluntary payment of any damages or 1651
penalties by the vendor or affiliate. 1652
5. Cooperation with state or federal investigation or 1653
prosecution of any public entity crime; provided, however, that 1654
a good faith exercise of any constitutional, statutory, or other 1655
right during the investigation or prosecution of a public entity 1656
crime may not be considered a lack of cooperation. 1657
6. Prior or future self -policing by the vendor or 1658
affiliate to prevent recurrence. 1659
7. Whether the vendor or affiliate sent the required 1660
notice to the department pursuant to subsection (6). 1661
8. The needs of the p ublic entity for additional 1662
competition in the procurement of goods and services in the 1663
respective markets. 1664
9. Mitigation efforts of the vendor or affiliate, 1665
including, but not limited to, a demonstration of good 1666
citizenship or the adoption of a formal p lan or remedial action 1667
to cease any violations causing its placement on the prohibited 1668
vendors list. 1669
10. Any corrective action plan assigned to the vendor or 1670
affiliate and the subsequent response and performance of the 1671
vendor or affiliate. 1672
11. Cooperation with the public entity during a transition 1673
to a new contract as a result of the vendor's or affiliate's 1674
actions. 1675
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12. Prompt payment by the vendor or affiliate of any 1676
contractual liabilities, including, but not limited to, 1677
liquidated damages and any o ther financial consequences. 1678
13. The effects of the vendor's or affiliate's violation 1679
on the health, safety, and welfare of the public. 1680
14. Prompt or voluntary payment by the vendor or affiliate 1681
of any reprocurement costs resulting from the violations or 1682
incidents causing the vendor or affiliate to be placed on the 1683
prohibited vendors list. 1684
15. Whether, in the case of discrimination, such action 1685
was committed by an employee, other than senior management, and 1686
whether the offending employee is still empl oyed by the vendor 1687
or affiliate. 1688
16. Whether the public entity has made a public finding 1689
that, absent the provision of commodities by the vendor or 1690
affiliate, the public entity would be unable to obtain the 1691
commodities for which the contract is offered. 1692
(f) Upon a determination by the administrative law judge 1693
that it is in the public interest to place a vendor or an 1694
affiliate on the prohibited vendors list, a final order shall be 1695
issued accordingly. A vendor or affiliate placed on the 1696
prohibited vendors list may not engage in public contracting and 1697
purchasing pursuant to this chapter as of the date the 1698
administrative law judge issues its the final order. 1699
(8)(a) One year or more after the issuance of an order 1700
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pursuant to subsection (7), a vendor or affi liate may file a 1701
petition with the department to be removed from the prohibited 1702
vendors list. A petition for removal may be filed by a vendor or 1703
affiliate at any time if the petition is based on a reversal of 1704
a conviction on appellate review or pardon. Any proceeding on 1705
the petition must be conducted in accordance with chapter 120. 1706
(b) A vendor or affiliate may be removed from the 1707
prohibited vendors list if an administrative law judge 1708
determines that removal is in the public interest. In 1709
determining whether removal is in the public interest, the 1710
administrative law judge may consider factors including, but not 1711
limited to, the relevant factors listed in paragraph (7)(e). 1712
(c) If an administrative law judge issues an order denying 1713
a petition for removal, a v endor or affiliate may not file a 1714
petition for any subsequent administrative hearing on removal 1715
for at least 9 months after the issuance of the order. However, 1716
the department may file a petition for removal before the 1717
expiration of such period if, in its d iscretion, the department 1718
has determined that removal from the prohibited vendors list is 1719
in the public interest. 1720
(9) A vendor or affiliate that is placed on the prohibited 1721
vendors list pursuant to this section is ineligible to receive 1722
any economic incentives administered by the Department of 1723
Commerce. 1724
(10) This section does not apply to: 1725
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(a) Any activity regulated by the Public Service 1726
Commission; 1727
(b) The purchase of goods or services by any public entity 1728
from the Department of Corrections, from a nonprofit corporation 1729
organized under chapter 946, or from any qualified nonprofit 1730
agency for the blind or other severely handicapped persons under 1731
ss. 413.032-413.037; or 1732
(c) Any contract with a public entity to provide goods or 1733
services for emergency r esponse efforts related to the 1734
declaration of a state of emergency issued by the Governor. 1735
(11)(a) A public entity may not knowingly enter into a 1736
contract with a vendor or affiliate which would provide access 1737
to an individual's personal identifying infor mation if: 1738
1. The vendor or affiliate is owned by the government of a 1739
foreign country of concern; 1740
2. The government of a foreign country of concern has a 1741
controlling interest in the vendor or affiliate; or 1742
3. The vendor or affiliate is organized unde r the laws of 1743
or has its principal place of business in a foreign country of 1744
concern. 1745
(b) A public entity may not extend or renew a contract 1746
with a vendor or affiliate in paragraph (a) if the contract 1747
would provide access to an individual's personal iden tifying 1748
information. 1749
(12)(a) A public entity may not accept a bid on, a 1750
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proposal for, or a reply to, or enter into, a contract with a 1751
vendor or affiliate which would provide access to an 1752
individual's personal identifying information unless the vendor 1753
or affiliate submits to the public entity an affidavit, signed 1754
by a member of senior management under penalty of perjury, 1755
attesting that the vendor or affiliate does not qualify for 1756
placement on the prohibited vendors list. 1757
(b) Beginning January 1, 2026, if a vendor or affiliate 1758
extends or renews a contract with a public entity which would 1759
provide the vendor or affiliate access to an individual's 1760
personal identifying information, the vendor or affiliate must 1761
submit to the public entity an affidavit, signed a member of 1762
senior management by under penalty of perjury, attesting that 1763
the vendor or affiliate does not qualify for placement on the 1764
prohibited vendors list. 1765
(13) The department shall adopt rules to implement this 1766
section. 1767
Section 20. Section 288.1167, Florida Statutes, is 1768
repealed. 1769
Section 21. The Division of Law Revision is directed to 1770
rename part IV of chapter 288, Florida Statutes, consisting of 1771
ss. 288.7015-288.714, entitled "Small and Minority Business," as 1772
"Small Business." 1773
Section 22. Subsection (2) of section 288.7015, Florida 1774
Statutes, is amended to read: 1775
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288.7015 Appointment of rules ombudsman; duties. —The 1776
Governor shall appoint a rules ombudsman, as defined in s. 1777
288.703, in the Executive Office of the Governor, for 1778
considering the impact of agency rules on the state's citizens 1779
and businesses. The duties of the rules ombudsman are to: 1780
(2) Review state agency rules that adversely or 1781
disproportionately impact businesses, particularly those 1782
relating to small and minority businesses. 1783
Section 23. Section 288.702, Florida Statutes, is amended 1784
to read: 1785
288.702 Short title. —This section and ss. 288.703—288.705 1786
ss. 288.703-288.706 may be cited as the "Florida Small and 1787
Minority Business Assistance Act." 1788
Section 24. Section 288. 703, Florida Statutes, is amended 1789
to read: 1790
288.703 Definitions. —As used in ss. 288.702—288.705 ss. 1791
288.702-288.706, the term: 1792
(1) "Certified minority business enterprise" means a 1793
business which has been certified by the certifying organization 1794
or jurisdiction in accordance with s. 287.0943(1) and (2). 1795
(1)(2) "Financial institution" means any bank, trust 1796
company, insurance company, savings and loan association, credit 1797
union, federal lending agency, or foundation. 1798
(3) "Minority business enterprise" me ans any small 1799
business concern as defined in subsection (6) which is organized 1800
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to engage in commercial transactions, which is domiciled in 1801
Florida, and which is at least 51 -percent-owned by minority 1802
persons who are members of an insular group that is of a 1803
particular racial, ethnic, or gender makeup or national origin, 1804
which has been subjected historically to disparate treatment due 1805
to identification in and with that group resulting in an 1806
underrepresentation of commercial enterprises under the group's 1807
control, and whose management and daily operations are 1808
controlled by such persons. A minority business enterprise may 1809
primarily involve the practice of a profession. Ownership by a 1810
minority person does not include ownership which is the result 1811
of a transfer from a nonminority person to a minority person 1812
within a related immediate family group if the combined total 1813
net asset value of all members of such family group exceeds $1 1814
million. For purposes of this subsection, the term "related 1815
immediate family group" mean s one or more children under 16 1816
years of age and a parent of such children or the spouse of such 1817
parent residing in the same house or living unit. 1818
(4) "Minority person" means a lawful, permanent resident 1819
of Florida who is: 1820
(a) An African American, a pe rson having origins in any of 1821
the black racial groups of the African Diaspora, regardless of 1822
cultural origin. 1823
(b) A Hispanic American, a person of Spanish or Portuguese 1824
culture with origins in Spain, Portugal, Mexico, South America, 1825
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Central America, or t he Caribbean, regardless of race. 1826
(c) An Asian American, a person having origins in any of 1827
the original peoples of the Far East, Southeast Asia, the Indian 1828
Subcontinent, or the Pacific Islands, including the Hawaiian 1829
Islands before 1778. 1830
(d) A Native American, a person who has origins in any of 1831
the Indian Tribes of North America before 1835, upon 1832
presentation of proper documentation thereof as established by 1833
rule of the Department of Management Services. 1834
(e) An American woman. 1835
(2)(5) "Ombudsman" means an office or individual whose 1836
responsibilities include coordinating with the Office of 1837
Supplier Development Diversity for the interests of and 1838
providing assistance to small and minority business enterprises 1839
in dealing with governmental agencies and in d eveloping 1840
proposals for changes in state agency rules. 1841
(3)(6) "Small business" means an independently owned and 1842
operated business concern that employs 200 or fewer permanent 1843
full-time employees and that, together with its affiliates, has 1844
a net worth of not more than $5 million or any firm based in 1845
this state which has a Small Business Administration 8(a) 1846
certification. As applicable to sole proprietorships, the $5 1847
million net worth requirement shall include both personal and 1848
business investments. 1849
Section 25. Section 288.7031, Florida Statutes, is amended 1850
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to read: 1851
288.7031 Application of a certain definition definitions.—1852
The definition definitions of "small business"," "minority 1853
business enterprise," and "certified minority business 1854
enterprise" provided in s. 288.703 applies apply to the state 1855
and all political subdivisions of the state. 1856
Section 26. Section 288.705, Florida Statutes, is amended 1857
to read: 1858
288.705 Statewide contracts register. —All state agencies 1859
shall in a timely manner provide the Florida Small Business 1860
Development Center Procurement System with all formal 1861
solicitations for contractual services, supplies, and 1862
commodities. The Small Business Development Center shall 1863
coordinate with Minority Business Development Centers to compile 1864
and distribute this information to small and minority businesses 1865
requesting such service for the period of time necessary to 1866
familiarize the business with the market represented by state 1867
agencies. On or before February 1 of each year, the Small 1868
Business Development Center shall report to the department on 1869
the use of the statewide contracts register. The report shall 1870
include, but not be limited to, information relating to: 1871
(1) The total number of solicitations received from state 1872
agencies during the calendar year. 1873
(2) The number of solicitations received from each state 1874
agency during the calendar year. 1875
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(3) The method of distributing solicitation information to 1876
businesses requesting such service. 1877
(4) The total number of businesses using the service. 1878
(5) The percentage of businesses using the service which 1879
are owned and controlled by minorities. 1880
(5)(6) The percentage of service -disabled veteran business 1881
enterprises using the service. 1882
Section 27. Sections 288.706, 288.7094, 288.7102, 1883
288.71025, 288.7103, and 288.714, Florida Statutes, are 1884
repealed. 1885
Section 28. Subsection (8) of section 295.187, Florida 1886
Statutes, is renumbered as subsection (9), paragraph (b) of 1887
subsection (4) is amended, and a new subsection (8) is added to 1888
that section, to read: 1889
295.187 Florida Veteran Business Enterprise Opportunity 1890
Act.— 1891
(4) VENDOR PREFERENCE. — 1892
(b) Notwithstanding s. 287.057(12), If a veteran business 1893
enterprise entitled to the vendor preference under this section 1894
and one or more businesses entitled t o this preference or 1895
another vendor preference provided by law submit bids, 1896
proposals, or replies for procurement of commodities or 1897
contractual services which are equal with respect to all 1898
relevant considerations, including price, quality, and service, 1899
the state agency shall award the procurement or contract to the 1900
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business having the smallest net worth. 1901
(8) DUTIES OF THE OFFICE OF SUPPLIER DEVELOPMENT. —The 1902
Office of Supplier Development shall: 1903
(a) With assistance from the Department of Veterans' 1904
Affairs and the Department of Management Services, establish an 1905
electronic certification and recertification procedure, which 1906
shall be reviewed biennially and updated as necessary. 1907
Certification shall last for 2 years, which shall be recertified 1908
once every 2 years thereafter. 1909
(b) Encourage and assist eligible veteran business 1910
enterprises to apply for electronic certification under this 1911
section and post on the department's website the benefits of 1912
electronic certification. 1913
Section 29. Sections 373.607, 473.30 65, 641.217, and 1914
760.80, Florida Statutes, are repealed. 1915
Section 30. Paragraph (k) of subsection (1) of section 1916
16.615, Florida Statutes, is amended to read: 1917
16.615 Council on the Social Status of Black Men and 1918
Boys.— 1919
(1) The Council on the Social Status of Black Men and Boys 1920
is established within the Department of Legal Affairs and shall 1921
consist of 19 members appointed as follows: 1922
(k) A businessperson who is an African American, as 1923
defined in s. 760.80(2)(a), appointed by the Governor. 1924
Section 31. Subsection (2) of section 17.11, Florida 1925
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Statutes, is amended to read: 1926
17.11 To report disbursements made. — 1927
(2) The Chief Financial Officer shall also cause to have 1928
reported from the Florida Accounting Information Resource 1929
Subsystem no less than quarterly the disbursements which 1930
agencies made to small businesses, as defined in the Florida 1931
Small and Minority Business Assistance Act ; to certified 1932
minority business enterprises in the aggregate; and to certified 1933
minority business enterprises broken do wn into categories of 1934
minority persons, as well as gender and nationality subgroups . 1935
This information shall be made available to the agencies, the 1936
Office of Supplier Development Diversity, the Governor, the 1937
President of the Senate, and the Speaker of the H ouse of 1938
Representatives. Each agency shall be responsible for the 1939
accuracy of information entered into the Florida Accounting 1940
Information Resource Subsystem for use in this reporting. 1941
Section 32. Paragraphs (e) and (k) of subsection (4), 1942
paragraph (a) of subsection (5), and paragraph (c) of subsection 1943
(10) of section 20.60, Florida Statutes, are amended to read: 1944
20.60 Department of Commerce; creation; powers and 1945
duties.— 1946
(4) The purpose of the department is to assist the 1947
Governor in working with the Legislature, state agencies, 1948
business leaders, and economic development professionals to 1949
formulate and implement coherent and consistent policies and 1950
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strategies designed to promote economic opportunities for all 1951
Floridians. The department is the state's c hief agency for 1952
business recruitment and expansion and economic development. To 1953
accomplish such purposes, the department shall: 1954
(e) Manage the activities of public -private partnerships 1955
and state agencies in order to avoid duplication and promote 1956
coordinated and consistent implementation of programs in areas 1957
including, but not limited to, tourism; international trade and 1958
investment; business recruitment, creation, retention, and 1959
expansion; minority and small business development; defense, 1960
space, and aerospace development; rural community development; 1961
and the development and promotion of professional and amateur 1962
sporting events. 1963
(k) Assist, promote, and enhance economic opportunities 1964
for this state's small minority-owned businesses and rural and 1965
urban communities. 1966
(5) The divisions within the department have specific 1967
responsibilities to achieve the duties, responsibilities, and 1968
goals of the department. Specifically: 1969
(a) The Division of Economic Development shall: 1970
1. Analyze and evaluate business prosp ects identified by 1971
the Governor and the secretary. 1972
2. Administer certain tax refund, tax credit, and grant 1973
programs created in law. Notwithstanding any other provision of 1974
law, the department may expend interest earned from the 1975
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investment of program funds deposited in the Grants and 1976
Donations Trust Fund to contract for the administration of those 1977
programs, or portions of the programs, assigned to the 1978
department by law, by the appropriations process, or by the 1979
Governor. Such expenditures shall be subject to review under 1980
chapter 216. 1981
3. Develop measurement protocols for the state incentive 1982
programs and for the contracted entities which will be used to 1983
determine their performance and competitive value to the state. 1984
Performance measures, benchmarks, and sanctions must be 1985
developed in consultation with the legislative appropriations 1986
committees and the appropriate substantive committees, and are 1987
subject to the review and approval process provided in s. 1988
216.177. The approved performance measures, standards, and 1989
sanctions shall be included and made a part of the strategic 1990
plan for contracts entered into for delivery of programs 1991
authorized by this section. 1992
4. Develop a 5-year statewide strategic plan. The 1993
strategic plan must include, but need not be limited t o: 1994
a. Strategies for the promotion of business formation, 1995
expansion, recruitment, and retention through aggressive 1996
marketing, attraction of venture capital and finance 1997
development, domestic trade, international development, and 1998
export assistance, which l ead to more and better jobs and higher 1999
wages for all geographic regions, disadvantaged communities, and 2000
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populations of the state, including rural areas, small minority 2001
businesses, and urban core areas. 2002
b. The development of realistic policies and program s to 2003
further the economic diversity of the state, its regions, and 2004
their associated industrial clusters. 2005
c. Specific provisions for the stimulation of economic 2006
development and job creation in rural areas and midsize cities 2007
and counties of the state, incl uding strategies for rural 2008
marketing and the development of infrastructure in rural areas. 2009
d. Provisions for the promotion of the successful long -2010
term economic development of the state with increased emphasis 2011
in market research and information. 2012
e. Plans for the generation of foreign investment in the 2013
state which create jobs paying above -average wages and which 2014
result in reverse investment in the state, including programs 2015
that establish viable overseas markets, assist in meeting the 2016
financing requirement s of export-ready firms, broaden 2017
opportunities for international joint venture relationships, use 2018
the resources of academic and other institutions, coordinate 2019
trade assistance and facilitation services, and facilitate 2020
availability of and access to educatio n and training programs 2021
that assure requisite skills and competencies necessary to 2022
compete successfully in the global marketplace. 2023
f. The identification of business sectors that are of 2024
current or future importance to the state's economy and to the 2025
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state's global business image, and development of specific 2026
strategies to promote the development of such sectors. 2027
g. Strategies for talent development necessary in the 2028
state to encourage economic development growth, taking into 2029
account factors such as the stat e's talent supply chain, 2030
education and training opportunities, and available workforce. 2031
h. Strategies and plans to support this state's defense, 2032
space, and aerospace industries and the emerging complementary 2033
business activities and industries that suppor t the development 2034
and growth of defense, space, and aerospace in this state. 2035
5. Update the strategic plan every 5 years. 2036
6. Involve CareerSource Florida, Inc.; direct -support 2037
organizations of the department; local governments; the general 2038
public; local and regional economic development organizations; 2039
other local, state, and federal economic, international, and 2040
workforce development entities; the business community; and 2041
educational institutions to assist with the strategic plan. 2042
7. Coordinate with the Florida Tourism Industry Marketing 2043
Corporation in the development of the 4 -year marketing plan 2044
pursuant to s. 288.1226(13). 2045
8. Administer and manage relationships, as appropriate, 2046
with the entities and programs created pursuant to the Florida 2047
Capital Formation Act, ss. 288.9621 -288.96255. 2048
(10) The department shall, by November 1 of each year, 2049
submit an annual report to the Governor, the President of the 2050
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Senate, and the Speaker of the House of Representatives on the 2051
condition of the business climate and economic development in 2052
the state. 2053
(c) The report must incorporate annual reports of other 2054
programs, including: 2055
1. A detailed report of the performance of the Black 2056
Business Loan Program and a cumulative summary of quarterly 2057
report data required under s. 288.714. 2058
1.2. The Rural Economic Development Initiative established 2059
under s. 288.0656. 2060
2.3. A detailed report of the performance of the Florida 2061
Development Finance Corporation and a summary of the 2062
corporation's report required under s. 288.9610. 2063
3.4. Information provided by Space Florida under s. 2064
331.3051 and an analysis of the activities and accomplishments 2065
of Space Florida. 2066
Section 33. Subsection (1) of section 43.16, Florida 2067
Statutes, is amended to read: 2068
43.16 Justice Administrative Commis sion; membership, 2069
powers and duties.— 2070
(1) There is hereby created a Justice Administrative 2071
Commission, with headquarters located in the state capital. The 2072
necessary office space for use of the commission shall be 2073
furnished by the proper state agency in c harge of state 2074
buildings. For purposes of the fees imposed on agencies pursuant 2075
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to s. 287.057(21) s. 287.057(24), the Justice Administrative 2076
Commission shall be exempt from such fees. 2077
Section 34. Subsection (1) of section 110.105, Florida 2078
Statutes, is amended to read: 2079
110.105 Employment policy of the state. — 2080
(1) It is the purpose of this chapter to establish a 2081
system of personnel management. This system shall provide means 2082
to recruit, select, train, develop, and maintain an effective 2083
and responsible workforce and shall include policies and 2084
procedures for employee hiring and advancement, training and 2085
career development, position classification, salary 2086
administration, benefits, discipline, discharge, employee 2087
performance evaluations, affirmative action, and other related 2088
activities. 2089
Section 35. Paragraph (a) of subsection (2) of section 2090
110.116, Florida Statutes, is amended to read: 2091
110.116 Personnel information system; payroll procedures. — 2092
(2) In recognition of the critical nature of the statew ide 2093
personnel and payroll system commonly known as People First, the 2094
Legislature finds that it is in the best interest of the state 2095
to continue partnering with the current People First third -party 2096
operator. The People First System annually processes 500,00 0 2097
employment applications, 455,000 personnel actions, and the 2098
state's $9.5-billion payroll. The Legislature finds that the 2099
continuity of operations of the People First System and the 2100
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critical functions it provides such as payroll, employee health 2101
insurance benefit records, and other critical services must not 2102
be interrupted. Presently, the Chief Financial Officer is 2103
undertaking the development of a new statewide accounting and 2104
financial management system, commonly known as the Planning, 2105
Accounting, and Ledg er Management (PALM) system, scheduled to be 2106
operational in the year 2026. The procurement and implementation 2107
of an entire replacement of the People First System will impede 2108
the timeframe needed to successfully integrate the state's 2109
payroll system with the PALM system. In order to maintain 2110
continuity of operations and to ensure the successful completion 2111
of the PALM system, the Legislature directs that: 2112
(a) The department, pursuant to s. 287.057(9) s. 2113
287.057(11), shall enter into a 3 -year contract extension with 2114
the entity operating the People First System on January 1, 2024. 2115
The contract extension must: 2116
1. Provide for the integration of the current People First 2117
System with PALM. 2118
2. Exclude major functionality updates or changes to the 2119
People First System prior to completion of the PALM system. This 2120
does not include: 2121
a. Routine system maintenance such as code updates 2122
following open enrollment; or 2123
b. The technical remediation necessary to integrate the 2124
system with PALM within the PALM project' s planned 2125
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implementation schedule. 2126
3. Include project planning and analysis deliverables 2127
necessary to: 2128
a. Detail and document the state's functional 2129
requirements. 2130
b. Estimate the cost of transitioning the current People 2131
First System to a cloud comput ing infrastructure within the 2132
contract extension and after the successful integration with 2133
PALM. The project cost evaluation shall estimate the annual cost 2134
and capacity growth required to host the system in a cloud 2135
environment. 2136
2137
The department shall develo p these system specifications in 2138
conjunction with the Department of Financial Services and the 2139
Auditor General. 2140
4. Include technical support for state agencies that may 2141
need assistance in remediating or integrating current financial 2142
shadow systems with P eople First in order to integrate with PALM 2143
or the cloud version of People First. 2144
5. Include organizational change management and training 2145
deliverables needed to support the implementation of PALM 2146
payroll functionality and the People First System cloud u pgrade. 2147
Responsibilities of the operator and the department shall be 2148
outlined in a project role and responsibility assignment chart 2149
within the contract. 2150
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6. Include an option to renew the contract for one 2151
additional year. 2152
Section 36. Subsection (4) of section 110.211, Florida 2153
Statutes, is amended to read: 2154
110.211 Recruitment. — 2155
(4) All recruitment literature involving state position 2156
vacancies shall contain the phrase "An Equal Opportunity 2157
Employer/Affirmative Action Employer ." 2158
Section 37. Paragraph (h) of subsection (1) of section 2159
110.403, Florida Statutes, is amended to read: 2160
110.403 Powers and duties of the department. — 2161
(1) In order to implement the purposes of this part, the 2162
Department of Management Services, after approval by the 2163
Administration Commission, shall adopt and amend rules providing 2164
for: 2165
(h) A program of affirmative and positive action that will 2166
ensure full utilization of women and minorities in Senior 2167
Management Service positions. 2168
Section 38. Paragraph (b) of subsection ( 21) of section 2169
187.201, Florida Statutes, is amended to read: 2170
187.201 State Comprehensive Plan adopted. —The Legislature 2171
hereby adopts as the State Comprehensive Plan the following 2172
specific goals and policies: 2173
(21) THE ECONOMY.— 2174
(b) Policies.— 2175
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1. Attract new job-producing industries, corporate 2176
headquarters, distribution and service centers, regional 2177
offices, and research and development facilities to provide 2178
quality employment for the residents of Florida. 2179
2. Promote entrepreneurship and small and minority-owned 2180
business startups startup by providing technical and information 2181
resources, facilitating capital formation, and removing 2182
regulatory restraints which are unnecessary for the protection 2183
of consumers and society. 2184
3. Maintain, as one of the st ate's primary economic 2185
assets, the environment, including clean air and water, beaches, 2186
forests, historic landmarks, and agricultural and natural 2187
resources. 2188
4. Strengthen Florida's position in the world economy 2189
through attracting foreign investment and p romoting 2190
international banking and trade. 2191
5. Build on the state's attractiveness to make it a leader 2192
in the visual and performing arts and in all phases of film, 2193
television, and recording production. 2194
6. Promote economic development for Florida residents 2195
through partnerships among education, business, industry, 2196
agriculture, and the arts. 2197
7. Provide increased opportunities for training Florida's 2198
workforce to provide skilled employees for new and expanding 2199
business. 2200
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8. Promote economic self -sufficiency through training and 2201
educational programs which result in productive employment. 2202
9. Promote cooperative employment arrangements between 2203
private employers and public sector employment efforts to 2204
provide productive, permanent employment opportunit ies for 2205
public assistance recipients through provisions of education 2206
opportunities, tax incentives, and employment training. 2207
10. Provide for nondiscriminatory employment 2208
opportunities. 2209
11. Provide quality child day care for public assistance 2210
families and others who need it in order to work. 2211
12. Encourage the development of a business climate that 2212
provides opportunities for the growth and expansion of existing 2213
state industries, particularly those industries which are 2214
compatible with Florida's environme nt. 2215
13. Promote coordination among Florida's ports to increase 2216
their utilization. 2217
14. Encourage the full utilization by businesses of the 2218
economic development enhancement programs implemented by the 2219
Legislature for the purpose of extensively involving private 2220
businesses in the development and expansion of permanent job 2221
opportunities, especially for the economically disadvantaged, 2222
through the utilization of enterprise zones, community 2223
development corporations, and other programs designed to enhance 2224
economic and employment opportunities. 2225
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Section 39. Paragraph (g) of subsection (3) of section 2226
212.096, Florida Statutes, is amended to read: 2227
212.096 Sales, rental, storage, use tax; enterprise zone 2228
jobs credit against sales tax. — 2229
(3) In order to claim t his credit, an eligible business 2230
must file under oath with the governing body or enterprise zone 2231
development agency having jurisdiction over the enterprise zone 2232
where the business is located, as applicable, a statement which 2233
includes: 2234
(g) Whether the bus iness is a small business as defined by 2235
s. 288.703 s. 288.703(6). 2236
Section 40. Paragraph (a) of subsection (2) of section 2237
215.971, Florida Statutes, is amended to read: 2238
215.971 Agreements funded with federal or state 2239
assistance.— 2240
(2) For each agreem ent funded with federal or state 2241
financial assistance, the state agency shall designate an 2242
employee to function as a grant manager who shall be responsible 2243
for enforcing performance of the agreement's terms and 2244
conditions and who shall serve as a liaison w ith the recipient 2245
or subrecipient. 2246
(a)1. Each grant manager who is responsible for agreements 2247
in excess of the threshold amount for CATEGORY TWO under s. 2248
287.017 must, at a minimum, complete training conducted by the 2249
Chief Financial Officer for accountab ility in contracts and 2250
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grant management. 2251
2. Effective December 1, 2014, each grant manager 2252
responsible for agreements in excess of $100,000 annually must 2253
complete the training and become a certified contract manager as 2254
provided under s. 287.057(12) s. 287.057(15). All grant managers 2255
must become certified contract managers within 24 months after 2256
establishment of the training and certification requirements by 2257
the Department of Management Services and the Department of 2258
Financial Services. 2259
Section 41. Paragraph (c) of subsection (2) of section 2260
255.0992, Florida Statutes, is amended to read: 2261
255.0992 Public works projects; prohibited governmental 2262
actions.— 2263
(2) Except as required by federal or state law, the state 2264
or any political subdivision that contra cts for a public works 2265
project may not take the following actions: 2266
(c) Prohibit any contractor, subcontractor, or material 2267
supplier or carrier able to perform such work that is qualified, 2268
licensed, or certified as required by state or local law to 2269
perform such work from receiving information about public works 2270
opportunities or from submitting a bid on the public works 2271
project. This paragraph does not apply to vendors listed under 2272
ss. 287.133 and 287.134. 2273
Section 42. Paragraph (c) of subsection (1) of section 2274
255.20, Florida Statutes, is amended to read: 2275
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255.20 Local bids and contracts for public construction 2276
works; specification of state -produced lumber.— 2277
(1) A county, municipality, special district as defined in 2278
chapter 189, or other political sub division of the state seeking 2279
to construct or improve a public building, structure, or other 2280
public construction works must competitively award to an 2281
appropriately licensed contractor each project that is estimated 2282
to cost more than $300,000. For electrica l work, the local 2283
government must competitively award to an appropriately licensed 2284
contractor each project that is estimated to cost more than 2285
$75,000. As used in this section, the term "competitively award" 2286
means to award contracts based on the submission of sealed bids, 2287
proposals submitted in response to a request for proposal, 2288
proposals submitted in response to a request for qualifications, 2289
or proposals submitted for competitive negotiation. This 2290
subsection expressly allows contracts for construction 2291
management services, design/build contracts, continuation 2292
contracts based on unit prices, and any other contract 2293
arrangement with a private sector contractor permitted by any 2294
applicable municipal or county ordinance, by district 2295
resolution, or by state law. F or purposes of this section, cost 2296
includes employee compensation and benefits, except inmate 2297
labor, the cost of equipment and maintenance, insurance costs, 2298
and the cost of direct materials to be used in the construction 2299
of the project, including materials purchased by the local 2300
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government, and other direct costs, plus a factor of 20 percent 2301
for management, overhead, and other indirect costs. Subject to 2302
the provisions of subsection (3), the county, municipality, 2303
special district, or other political subdivisi on may establish, 2304
by municipal or county ordinance or special district resolution, 2305
procedures for conducting the bidding process. 2306
(c) The provisions of this subsection do not apply: 2307
1. If the project is undertaken to replace, reconstruct, 2308
or repair an existing public building, structure, or other 2309
public construction works damaged or destroyed by a sudden 2310
unexpected turn of events such as an act of God, riot, fire, 2311
flood, accident, or other urgent circumstances, and such damage 2312
or destruction creates: 2313
a. An immediate danger to the public health or safety; 2314
b. Other loss to public or private property which requires 2315
emergency government action; or 2316
c. An interruption of an essential governmental service. 2317
2. If, after notice by publication in accordance with the 2318
applicable ordinance or resolution, the governmental entity does 2319
not receive any responsive bids or proposals. 2320
3. To construction, remodeling, repair, or improvement to 2321
a public electric or gas utility system if such work on the 2322
public utility system is performed by personnel of the system. 2323
4. To construction, remodeling, repair, or improvement by 2324
a utility commission whose major contracts are to construct and 2325
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operate a public electric utility system. 2326
5. If the project is undertake n as repair or maintenance 2327
of an existing public facility. For the purposes of this 2328
paragraph, the term "repair" means a corrective action to 2329
restore an existing public facility to a safe and functional 2330
condition and the term "maintenance" means a preventi ve or 2331
corrective action to maintain an existing public facility in an 2332
operational state or to preserve the facility from failure or 2333
decline. Repair or maintenance includes activities that are 2334
necessarily incidental to repairing or maintaining the facility. 2335
Repair or maintenance does not include the construction of any 2336
new building, structure, or other public construction works or 2337
any substantial addition, extension, or upgrade to an existing 2338
public facility. Such additions, extensions, or upgrades shall 2339
be considered substantial if the estimated cost of the 2340
additions, extensions, or upgrades included as part of the 2341
repair or maintenance project exceeds the threshold amount in 2342
subsection (1) and exceeds 20 percent of the estimated total 2343
cost of the repair or maintenance project fully accounting for 2344
all costs associated with performing and completing the work, 2345
including employee compensation and benefits, equipment cost and 2346
maintenance, insurance costs, and the cost of direct materials 2347
to be used in the constru ction of the project, including 2348
materials purchased by the local government, and other direct 2349
costs, plus a factor of 20 percent for management, overhead, and 2350
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other indirect costs. An addition, extension, or upgrade shall 2351
not be considered substantial if i t is undertaken pursuant to 2352
the conditions specified in subparagraph 1. Repair and 2353
maintenance projects and any related additions, extensions, or 2354
upgrades may not be divided into multiple projects for the 2355
purpose of evading the requirements of this subpara graph. 2356
6. If the project is undertaken exclusively as part of a 2357
public educational program. 2358
7. If the funding source of the project will be diminished 2359
or lost because the time required to competitively award the 2360
project after the funds become available exceeds the time within 2361
which the funding source must be spent. 2362
8. If the local government competitively awarded a project 2363
to a private sector contractor and the contractor abandoned the 2364
project before completion or the local government terminated the 2365
contract. 2366
9. If the governing board of the local government complies 2367
with all of the requirements of this subparagraph, conducts a 2368
public meeting under s. 286.011 after public notice, and finds 2369
by majority vote of the governing board that it is in the 2370
public's best interest to perform the project using its own 2371
services, employees, and equipment. The public notice must be 2372
published at least 21 days before the date of the public meeting 2373
at which the governing board takes final action. The notice must 2374
identify the project, the components and scope of the work, and 2375
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the estimated cost of the project fully accounting for all costs 2376
associated with performing and completing the work, including 2377
employee compensation and benefits, equipment cost and 2378
maintenance, insurance costs, and the cost of direct materials 2379
to be used in the construction of the project, including 2380
materials purchased by the local government, and other direct 2381
costs, plus a factor of 20 percent for management, overhead, and 2382
other indirect costs. The notice must specify that the purpose 2383
for the public meeting is to consider whether it is in the 2384
public's best interest to perform the project using the local 2385
government's own services, employees, and equipment. Upon 2386
publication of the public notice and for 21 days thereafter, the 2387
local government shall make available for public inspection, 2388
during normal business hours and at a location specified in the 2389
public notice, a detailed itemization of each component of the 2390
estimated cost of the project and documenta tion explaining the 2391
methodology used to arrive at the estimated cost. At the public 2392
meeting, any qualified contractor or vendor who could have been 2393
awarded the project had the project been competitively bid shall 2394
be provided with a reasonable opportunity t o present evidence to 2395
the governing board regarding the project and the accuracy of 2396
the local government's estimated cost of the project. In 2397
deciding whether it is in the public's best interest for the 2398
local government to perform a project using its own se rvices, 2399
employees, and equipment, the governing board must consider the 2400
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estimated cost of the project fully accounting for all costs 2401
associated with performing and completing the work, including 2402
employee compensation and benefits, equipment cost and 2403
maintenance, insurance costs, and the cost of direct materials 2404
to be used in the construction of the project, including 2405
materials purchased by the local government, and other direct 2406
costs, plus a factor of 20 percent for management, overhead, and 2407
other indirect costs, and the accuracy of the estimated cost in 2408
light of any other information that may be presented at the 2409
public meeting and whether the project requires an increase in 2410
the number of government employees or an increase in capital 2411
expenditures for public facilities, equipment, or other capital 2412
assets. The local government may further consider the impact on 2413
local economic development, the impact on small and minority 2414
business owners, the impact on state and local tax revenues, 2415
whether the private sector co ntractors provide health insurance 2416
and other benefits equivalent to those provided by the local 2417
government, and any other factor relevant to what is in the 2418
public's best interest. A report summarizing completed projects 2419
constructed by the local government pursuant to this subsection 2420
shall be publicly reviewed each year by the governing body of 2421
the local government. The report shall detail the estimated 2422
costs and the actual costs of the projects constructed by the 2423
local government pursuant to this subsection . The report shall 2424
be made available for review by the public. The Auditor General 2425
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shall review the report as part of his or her audits of local 2426
governments. 2427
10. If the governing board of the local government 2428
determines upon consideration of specific sub stantive criteria 2429
that it is in the best interest of the local government to award 2430
the project to an appropriately licensed private sector 2431
contractor pursuant to administrative procedures established by 2432
and expressly set forth in a charter, ordinance, or r esolution 2433
of the local government adopted before July 1, 1994. The 2434
criteria and procedures must be set out in the charter, 2435
ordinance, or resolution and must be applied uniformly by the 2436
local government to avoid awarding a project in an arbitrary or 2437
capricious manner. This exception applies only if all of the 2438
following occur: 2439
a. The governing board of the local government, after 2440
public notice, conducts a public meeting under s. 286.011 and 2441
finds by a two-thirds vote of the governing board that it is in 2442
the public's best interest to award the project according to the 2443
criteria and procedures established by charter, ordinance, or 2444
resolution. The public notice must be published at least 14 days 2445
before the date of the public meeting at which the governing 2446
board takes final action. The notice must identify the project, 2447
the estimated cost of the project, and specify that the purpose 2448
for the public meeting is to consider whether it is in the 2449
public's best interest to award the project using the criteria 2450
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and procedures permitted by the preexisting charter, ordinance, 2451
or resolution. 2452
b. The project is to be awarded by any method other than a 2453
competitive selection process, and the governing board finds 2454
evidence that: 2455
(I) There is one appropriately licensed contractor who is 2456
uniquely qualified to undertake the project because that 2457
contractor is currently under contract to perform work that is 2458
affiliated with the project; or 2459
(II) The time to competitively award the project will 2460
jeopardize the funding for the project, materially increase the 2461
cost of the project, or create an undue hardship on the public 2462
health, safety, or welfare. 2463
c. The project is to be awarded by any method other than a 2464
competitive selection process, and the published notice clearly 2465
specifies the ordinance or resolution by which the private 2466
sector contractor will be selected and the criteria to be 2467
considered. 2468
d. The project is to be awarded by a method other than a 2469
competitive selection process, and the architect or engineer of 2470
record has provided a written recommendation that the project be 2471
awarded to the private sector contractor without competitive 2472
selection, and the consideration by, and the justification of, 2473
the government body are documented, in writing, in the project 2474
file and are presented t o the governing board prior to the 2475
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approval required in this paragraph. 2476
11. To projects subject to chapter 336. 2477
Section 43. Subsection (5) of section 282.201, Florida 2478
Statutes, is amended to read: 2479
282.201 State data center. —The state data center is 2480
established within the department. The provision of data center 2481
services must comply with applicable state and federal laws, 2482
regulations, and policies, including all applicable security, 2483
privacy, and auditing requirements. The department shall appoint 2484
a director of the state data center who has experience in 2485
leading data center facilities and has expertise in cloud -2486
computing management. 2487
(5) NORTHWEST REGIONAL DATA CENTER CONTRACT. —In order for 2488
the department to carry out its duties and responsibilities 2489
relating to the state data center, the secretary of the 2490
department shall contract by July 1, 2022, with the Northwest 2491
Regional Data Center pursuant to s. 287.057(9) s. 287.057(11). 2492
The contract shall provide that the Northwest Regional Data 2493
Center will manage the operations of the state data center and 2494
provide data center services to state agencies. 2495
(a) The department shall provide contract oversight, 2496
including, but not limited to, reviewing invoices provided by 2497
the Northwest Regional Data Center for servi ces provided to 2498
state agency customers. 2499
(b) The department shall approve or request updates to 2500
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invoices within 10 business days after receipt. If the 2501
department does not respond to the Northwest Regional Data 2502
Center, the invoice will be approved by defau lt. The Northwest 2503
Regional Data Center must submit approved invoices directly to 2504
state agency customers. 2505
Section 44. Paragraph (a) of subsection (3) of section 2506
282.709, Florida Statutes, is amended to read: 2507
282.709 State agency law enforcement radio system and 2508
interoperability network. — 2509
(3) In recognition of the critical nature of the statewide 2510
law enforcement radio communications system, the Legislature 2511
finds that there is an immediate danger to the public health, 2512
safety, and welfare, and that it i s in the best interest of the 2513
state to continue partnering with the system's current operator. 2514
The Legislature finds that continuity of coverage is critical to 2515
supporting law enforcement, first responders, and other public 2516
safety users. The potential for a loss in coverage or a lack of 2517
interoperability between users requires emergency action and is 2518
a serious concern for officers' safety and their ability to 2519
communicate and respond to various disasters and events. 2520
(a) The department, pursuant to s. 287.057(9) s. 2521
287.057(11), shall enter into a 15 -year contract with the entity 2522
that was operating the statewide radio communications system on 2523
January 1, 2021. The contract must include: 2524
1. The purchase of radios; 2525
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2. The upgrade to the Project 25 communicatio ns standard; 2526
3. Increased system capacity and enhanced coverage for 2527
system users; 2528
4. Operations, maintenance, and support at a fixed annual 2529
rate; 2530
5. The conveyance of communications towers to the 2531
department; and 2532
6. The assignment of communications tower leases to the 2533
department. 2534
Section 45. Paragraph (b) of subsection (3) of section 2535
286.101, Florida Statutes, is amended to read: 2536
286.101 Foreign gifts and contracts. — 2537
(3) 2538
(b) Disclosure under this subsection is not required with 2539
respect to: 2540
1. A proposal to sell commodities through the online 2541
procurement program established pursuant to s. 287.057(19) s. 2542
287.057(22); 2543
2. A proposal to sell commodities to a university pursuant 2544
to Board of Governors Regulation 18.001; 2545
3. An application or pr oposal from an entity that 2546
discloses foreign gifts or grants under subsection (2) or s. 2547
1010.25; 2548
4. An application or proposal from a foreign source that, 2549
if granted or accepted, would be disclosed under subsection (2) 2550
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or s. 1010.25; or 2551
5. An application or proposal from a public or not -for-2552
profit research institution with respect to research funded by 2553
any federal agency. 2554
Section 46. Subsections (19) through (29) of section 2555
287.012, Florida Statutes, are renumbered as subsections (18) 2556
through (28), respectively, and subsection (18) and present 2557
subsection (19) of that section are amended to read: 2558
287.012 Definitions. —As used in this part, the term: 2559
(18) "Minority business enterprise" has the same meaning 2560
as provided in s. 288.703. 2561
(18)(19) "Office" means the Office of Supplier Development 2562
Diversity of the Department of Management Services. 2563
Section 47. Paragraph (a) of subsection (3) of section 2564
287.0571, Florida Statutes, is amended to read: 2565
287.0571 Business case to outsource; applicability.— 2566
(3) This section does not apply to: 2567
(a) A procurement of commodities and contractual services 2568
listed in s. 287.057(3)(d) and (e) and (20) (23). 2569
Section 48. Subsection (4) of section 287.056, Florida 2570
Statutes, is amended to read: 2571
287.056 Purchases from purchasing agreements and state 2572
term contracts; vendor disqualification. — 2573
(4) A firm or individual placed on the suspended vendor 2574
list pursuant to s. 287.1351 or placed on a disqualified vendor 2575
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list pursuant to s. 287.133 or s. 287. 134 is immediately 2576
disqualified from state term contract eligibility. 2577
Section 49. Paragraph (c) of subsection (10) of section 2578
287.059, Florida Statutes, is amended to read: 2579
287.059 Private attorney services. — 2580
(10) Agencies are encouraged to use the following criteria 2581
when selecting outside firms for attorney services: 2582
(c) The firm's minority status. 2583
Section 50. Subsection (6) of section 287.0591, Florida 2584
Statutes, is amended to read: 2585
287.0591 Information technology; vendor disqualification. — 2586
(6) Beginning October 1, 2021, and each October 1 2587
thereafter, the department shall prequalify firms and 2588
individuals to provide information technology staff augmentation 2589
contractual services on state term contract. In order to 2590
prequalify a firm or individu al for participation on the state 2591
term contract, the department must consider, at a minimum, the 2592
capability, experience, and past performance record of the firm 2593
or individual. A firm or individual removed from the source of 2594
supply pursuant to s. 287.042(1) (b) or placed on a disqualified 2595
vendor list pursuant to s. 287.133 or s. 287.134 is immediately 2596
disqualified from state term contract eligibility. Once a firm 2597
or individual has been prequalified to provide information 2598
technology staff augmentation contract ual services on state term 2599
contract, the firm or individual may respond to requests for 2600
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quotes from an agency to provide such services. 2601
Section 51. Paragraph (d) of subsection (5) of section 2602
287.138, Florida Statutes, is amended to read: 2603
287.138 Contracting with entities of foreign countries of 2604
concern prohibited.— 2605
(5) The Attorney General may bring a civil action in any 2606
court of competent jurisdiction against an entity that violates 2607
this section. Violations of this section may result in: 2608
(d) Placement on the suspended vendor list pursuant to s. 2609
287.1351. 2610
Section 52. Paragraph (b) of subsection (2) of section 2611
288.0001, Florida Statutes, is amended to read: 2612
288.0001 Economic Development Programs Evaluation. —The 2613
Office of Economic and Demograph ic Research and the Office of 2614
Program Policy Analysis and Government Accountability (OPPAGA) 2615
shall develop and present to the Governor, the President of the 2616
Senate, the Speaker of the House of Representatives, and the 2617
chairs of the legislative appropriatio ns committees the Economic 2618
Development Programs Evaluation. 2619
(2) The Office of Economic and Demographic Research and 2620
OPPAGA shall provide a detailed analysis of economic development 2621
programs as provided in the following schedule: 2622
(b) By January 1, 2015, and every 3 years thereafter, an 2623
analysis of: 2624
1. The entertainment industry sales tax exemption program 2625
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established under s. 288.1258. 2626
2. VISIT Florida and its programs established or funded 2627
under ss. 288.122-288.12265 and 288.124. 2628
3. The Florida Sports Foundation and related programs, 2629
including those established under ss. 288.1162, 288.11621, and 2630
288.1166, and 288.1167. 2631
Section 53. Paragraph (b) of subsection (4) of section 2632
288.001, Florida Statutes, is amended to read: 2633
288.001 The Florida Sma ll Business Development Center 2634
Network.— 2635
(4) STATEWIDE ADVISORY BOARD. — 2636
(b) The statewide advisory board shall consist of 19 2637
members from across the state. At least 12 members must be 2638
representatives of the private sector who are knowledgeable of 2639
the needs and challenges of small businesses. The members must 2640
represent various segments and industries of the economy in this 2641
state and must bring knowledge and skills to the statewide 2642
advisory board which would enhance the board's collective 2643
knowledge of small business assistance needs and challenges. 2644
Minority and gender representation must be considered when 2645
making appointments to the board. The board must include the 2646
following members: 2647
1. Three members appointed from the private sector by the 2648
President of the Senate. 2649
2. Three members appointed from the private sector by the 2650
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Speaker of the House of Representatives. 2651
3. Three members appointed from the private sector by the 2652
Governor. 2653
4. Three members appointed from the private sector by the 2654
network's statewide director. 2655
5. One member appointed by the host institution. 2656
6. The Secretary of Commerce or his or her designee. 2657
7. The Chief Financial Officer or his or her designee. 2658
8. The President of the Florida Chamber of Commerce or his 2659
or her designee. 2660
9. The Small Business Development Center Project Officer 2661
from the U.S. Small Business Administration at the South Florida 2662
District Office or his or her designee. 2663
10. The executive director of the National Federation of 2664
Independent Businesses, Florid a, or his or her designee. 2665
11. The executive director of the Florida United Business 2666
Association or his or her designee. 2667
Section 54. Subsection (8) of section 288.0065, Florida 2668
Statutes, is amended to read: 2669
288.0065 Annual incentives report. —By December 30 of each 2670
year, the department shall provide the Governor, the President 2671
of the Senate, and the Speaker of the House of Representatives a 2672
detailed incentives report quantifying the economic benefits for 2673
all of the economic development incentive prog rams administered 2674
by the department and its public -private partnerships. The 2675
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annual incentives report must include: 2676
(8) A description of the trends relating to business 2677
interest in, and usage of, the various incentives, and the 2678
number of small minority-owned or woman-owned businesses 2679
receiving incentives. 2680
Section 55. Subsection (1) of section 288.12266, Florida 2681
Statutes, is amended to read: 2682
288.12266 Targeted Marketing Assistance Program. — 2683
(1) The Targeted Marketing Assistance Program is created 2684
to enhance the tourism business marketing of small, minority, 2685
rural, and agritourism businesses in the state. The department, 2686
in conjunction with the Florida Tourism Industry Marketing 2687
Corporation, shall administer the program. The program shall 2688
provide marketing plans, marketing assistance, promotional 2689
support, media development, technical expertise, marketing 2690
advice, technology training, social marketing support, and other 2691
assistance to an eligible entity. 2692
Section 56. Section 288.124, Florida Statutes, is amended 2693
to read: 2694
288.124 Convention grants program. —The Florida Tourism 2695
Industry Marketing Corporation is authorized to establish a 2696
convention grants program and, pursuant to that program, to 2697
recommend to the department expenditures and con tracts with 2698
local governments and nonprofit corporations or organizations 2699
for the purpose of attracting national conferences and 2700
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conventions to Florida. Preference shall be given to local 2701
governments and nonprofit corporations or organizations seeking 2702
to attract minority conventions to Florida. Minority conventions 2703
are events that primarily involve minority persons , as defined 2704
in s. 288.703, who are residents or nonresidents of the state. 2705
The Florida Tourism Industry Marketing Corporation shall 2706
establish guidelines governing the award of grants and the 2707
administration of this program. The department has final 2708
approval authority for any grants under this section. The total 2709
annual allocation of funds for this program shall not exceed 2710
$40,000. 2711
Section 57. Paragraph (a) of subsection (1) of section 2712
288.776, Florida Statutes, is amended to read: 2713
288.776 Board of directors; powers and duties. — 2714
(1)(a) The corporation shall have a board of directors 2715
consisting of 15 members representing all geographic areas of 2716
the state. Minority and gender representation must be considered 2717
when making appointments to the board. The board membership must 2718
include: 2719
1. A representative of the following businesses, all of 2720
which must be registered to do business in this state: a f oreign 2721
bank, a state bank, a federal bank, an insurance company 2722
involved in covering trade financing risks, and a small or 2723
medium-sized exporter. 2724
2. The following persons or their designee: the Secretary 2725
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of Commerce, the Chief Financial Officer, the Secr etary of 2726
State, and a senior official of the United States Department of 2727
Commerce. 2728
Section 58. Subsections (1) and (4) of section 290.004, 2729
Florida Statutes, are amended to read: 2730
290.004 Definitions relating to Florida Enterprise Zone 2731
Act.—As used in ss. 290.001-290.016: 2732
(1) "Community investment corporation" means a black 2733
business investment corporation, a certified development 2734
corporation, a small business investment corporation, or other 2735
similar entity incorporated under Florida law that has limit ed 2736
its investment policy to making investments solely in small 2737
minority business enterprises. 2738
(4) "Minority business enterprise" has the same meaning as 2739
provided in s. 288.703. 2740
Section 59. Subsections (2) and (10) of section 290.0056, 2741
Florida Statutes, are amended to read: 2742
290.0056 Enterprise zone development agency. — 2743
(2) When the governing body creates an enterprise zone 2744
development agency, that body shall appoint a board of 2745
commissioners of the agency, which shall consist of not fewer 2746
than 8 or more than 13 commissioners. The governing body may 2747
appoint at least one representative from each of the following: 2748
the local chamber of commerce; local financial or insurance 2749
entities; local businesses and, where possible, businesses 2750
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operating within the n ominated area; the residents residing 2751
within the nominated area; nonprofit community -based 2752
organizations operating within the nominated area; the local 2753
workforce development board; the local code enforcement agency; 2754
and the local law enforcement agency. Th e terms of office of the 2755
commissioners shall be for 4 years, except that, in making the 2756
initial appointments, the governing body shall appoint two 2757
members for terms of 3 years, two members for terms of 2 years, 2758
and one member for a term of 1 year; the rema ining initial 2759
members shall serve for terms of 4 years. A vacancy occurring 2760
during a term shall be filled for the unexpired term. The 2761
importance of including individuals from the nominated area 2762
shall be considered in making appointments. Further, the 2763
importance of minority representation on the agency shall be 2764
considered in making appointments so that the agency generally 2765
reflects the gender and ethnic composition of the community as a 2766
whole. 2767
(10) Contingent upon approval by the governing body, the 2768
agency may invest in community investment corporations which 2769
conduct, or agree to conduct, loan guarantee programs assisting 2770
small minority business enterprises located in the enterprise 2771
zone. In making such investments, the agency shall first attempt 2772
to invest in existing community investment corporations 2773
providing services in the enterprise zone. Such investments 2774
shall be made under conditi ons required by law and as the agency 2775
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may require, including, but not limited to: 2776
(a) The funds invested by the agency shall be used to 2777
provide loan guarantees to individuals for small minority 2778
business enterprises located in the enterprise zone. 2779
(b) The community investment corporation may not approve 2780
any application for a loan guarantee unless the person applying 2781
for the loan guarantee shows that he or she has applied for the 2782
loan or loan guarantee through normal banking channels and that 2783
the loan or loan guarantee has been refused by at least one bank 2784
or other financial institution. 2785
Section 60. Paragraph (f) of subsection (1) of section 2786
290.0057, Florida Statutes, is amended to read: 2787
290.0057 Enterprise zone development plan. — 2788
(1) Any application for designation as a new enterprise 2789
zone must be accompanied by a strategic plan adopted by the 2790
governing body of the municipality or county, or the governing 2791
bodies of the county and one or more municipalities together. At 2792
a minimum, the plan must: 2793
(f) Identify the amount of local and private resources 2794
that will be available in the nominated area and the 2795
private/public partnerships to be used, which may include 2796
participation by, and cooperation with, universities, community 2797
colleges, small business d evelopment centers, black business 2798
investment corporations, certified development corporations, and 2799
other private and public entities. 2800
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Section 61. Paragraph (c) of subsection (3) of section 2801
290.046, Florida Statutes, are amended to read: 2802
290.046 Applications for grants; procedures; 2803
requirements.— 2804
(3) 2805
(c) The application's program impact score, equal 2806
employment opportunity and fair housing score, and communitywide 2807
needs score may take into consideration scoring factors, 2808
including, but not limited to , unemployment, poverty levels, 2809
low-income and moderate-income populations, benefits to low -2810
income and moderate-income residents, use of small minority-2811
owned and woman-owned business enterprises in previous grants, 2812
health and safety issues, and the conditi on of physical 2813
structures. 2814
Section 62. Subsection (3) of section 320.63, Florida 2815
Statutes, is amended to read: 2816
320.63 Application for license; contents. —Any person 2817
desiring to be licensed pursuant to ss. 320.60 -320.70 shall make 2818
application therefor to the department upon a form containing 2819
such information as the department requires. The department 2820
shall require, with such application or otherwise and from time 2821
to time, all of the following, which information may be 2822
considered by the department in det ermining the fitness of the 2823
applicant or licensee to engage in the business for which the 2824
applicant or licensee desires to be licensed: 2825
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(3) From each manufacturer, distributor, or importer which 2826
utilizes an identical blanket basic agreement for its deale rs or 2827
distributors in this state, which agreement comprises all or any 2828
part of the applicant's or licensee's agreements with motor 2829
vehicle dealers in this state, a copy of the written agreement 2830
and all supplements thereto, together with a list of the 2831
applicant's or licensee's authorized dealers or distributors and 2832
their addresses. The applicant or licensee shall further notify 2833
the department immediately of the appointment of any additional 2834
dealer or distributor. The applicant or licensee shall annually 2835
report to the department on its efforts to add new minority 2836
dealer points, including difficulties encountered under ss. 2837
320.61-320.70. For purposes of this section "minority" shall 2838
have the same meaning as that given it in the definition of 2839
"minority person" in s. 288.703. Not later than 60 days before 2840
the date a revision or modification to a franchise agreement is 2841
offered uniformly to a licensee's motor vehicle dealers in this 2842
state, the licensee shall notify the department of such 2843
revision, modification, or a ddition to the franchise agreement 2844
on file with the department. In no event may a franchise 2845
agreement, or any addendum or supplement thereto, be offered to 2846
a motor vehicle dealer in this state until the applicant or 2847
licensee files an affidavit with the dep artment acknowledging 2848
that the terms or provisions of the agreement, or any related 2849
document, are not inconsistent with, prohibited by, or contrary 2850
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to the provisions contained in ss. 320.60 -320.70. Any franchise 2851
agreement offered to a motor vehicle dealer in this state shall 2852
provide that all terms and conditions in such agreement 2853
inconsistent with the law and rules of this state are of no 2854
force and effect. 2855
Section 63. Section 331.351, Florida Statutes, is amended 2856
to read: 2857
331.351 Participation by small businesses women, 2858
minorities, and socially and economically disadvantaged business 2859
enterprises encouraged. —It is the intent of the Legislature and 2860
the public policy of this state that small businesses women, 2861
minorities, and socially and economically disa dvantaged business 2862
enterprises be encouraged to participate fully in all phases of 2863
economic and community development. Accordingly, to achieve such 2864
purpose, Space Florida shall, in accordance with applicable 2865
state and federal law, involve and use small businesses utilize 2866
women, minorities, and socially and economically disadvantaged 2867
business enterprises in all phases of the design, development, 2868
construction, maintenance, and operation of spaceports developed 2869
under this act. 2870
Section 64. Paragraph (f) of subsection (1) of section 2871
334.045, Florida Statutes, is amended to read: 2872
334.045 Transportation performance and productivity 2873
standards; development; measurement; application. — 2874
(1) The Florida Transportation Commission shall develop 2875
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and adopt measures f or evaluating the performance and 2876
productivity of the department. The measures may be both 2877
quantitative and qualitative and must, to the maximum extent 2878
practical, assess those factors that are within the department's 2879
control. The measures must, at a minimu m, assess performance in 2880
the following areas: 2881
(f) Disadvantaged business enterprise and minority 2882
business programs. 2883
Section 65. Subsection (4) of section 338.227, Florida 2884
Statutes, is amended to read: 2885
338.227 Turnpike revenue bonds. — 2886
(4) The Department of Transportation and the Department of 2887
Management Services shall create and implement an outreach 2888
program designed to enhance the participation of minority 2889
persons and minority business enterprises in all contracts 2890
entered into by their respective departments for services 2891
related to the financing of department projects for the 2892
Strategic Intermodal System Plan developed pursuant to s. 2893
339.64. These services shall include, but are not limited to, 2894
bond counsel and bond underwriters. 2895
Section 66. Paragraph (b) of subsection (3) and paragraph 2896
(c) of subsection (4) of section 339.2821, Florida Statutes, are 2897
amended to read: 2898
339.2821 Economic development transportation projects. — 2899
(3) 2900
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(b) The department must ensure that small and minority 2901
businesses have equal access to participate in transportation 2902
projects funded pursuant to this section. 2903
(4) A contract between the department and a governmental 2904
body for a transportation project must: 2905
(c) Require that the governmental body provide the 2906
department with progress reports. Each progress report must 2907
contain: 2908
1. A narrative description of the work completed and 2909
whether the work is proceeding according to the transportation 2910
project schedule; 2911
2. A description of each change order executed by the 2912
governmental body; 2913
3. A budget summary detailing planned expenditures 2914
compared to actual expenditures; and 2915
4. The identity of each small or minority business used as 2916
a contractor or subcontractor. 2917
Section 67. Paragraph (b) of subsection (5) of section 2918
339.63, Florida Statutes, is amended to read: 2919
339.63 System facilities designated; additions and 2920
deletions.— 2921
(5) 2922
(b) A facility designated part of the Strategic Intermodal 2923
System pursuant to paragraph (a) that is within the jurisdiction 2924
of a local government that maintains a transportation 2925
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concurrency system shall receive a waiver of transportation 2926
concurrency requirements applicable to Strategic Intermodal 2927
System facilities in order to accommodate any development at the 2928
facility which occurs pursuant to a building permit issued on or 2929
before December 31, 2017, but only if such facility is located: 2930
1. Within an area designated pursuant to s. 288.0656(7) as 2931
a rural area of opportunity; 2932
2. Within a rural enterprise zone as defined in s. 290.004 2933
s. 290.004(5); or 2934
3. Within 15 miles of the boundary of a rural area of 2935
opportunity or a rural enterprise zone. 2936
Section 68. Subsection (5) of section 348.754, Florida 2937
Statutes, is amended to read: 2938
348.754 Purposes and powers. — 2939
(5) The authority shall encourage the inclusion of locally 2940
owned businesses local-, small-, minority-, and small women-2941
owned businesses in its procurement and contracting 2942
opportunities. 2943
Section 69. Paragraph (a) of subsection (2) of section 2944
376.3072, Florida Statutes, is amended to read: 2945
376.3072 Florida Petroleum Liability and Restoration 2946
Insurance Program.— 2947
(2)(a) An owner or operator of a petroleum storage system 2948
may become an insured in the restoration insurance program at a 2949
facility if: 2950
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1. A site at which an incident has occurred is eligible 2951
for restoration if the insured is a participant in the third -2952
party liability insurance program or otherwise meets applicable 2953
financial responsibility requirements. After July 1, 1993, the 2954
insured must also provide the required excess insurance coverage 2955
or self-insurance for restoration to achieve the financial 2956
responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 2957
not covered by paragraph (d). 2958
2. A site which had a discharge reported before Janua ry 1, 2959
1989, for which notice was given pursuant to s. 376.3071(10) and 2960
which is ineligible for the third -party liability insurance 2961
program solely due to that discharge is eligible for 2962
participation in the restoration program for an incident 2963
occurring on or after January 1, 1989, pursuant to subsection 2964
(3). Restoration funding for an eligible contaminated site will 2965
be provided without participation in the third -party liability 2966
insurance program until the site is restored as required by the 2967
department or until the department determines that the site does 2968
not require restoration. 2969
3. Notwithstanding paragraph (b), a site where an 2970
application is filed with the department before January 1, 1995, 2971
where the owner is a small business under s. 288.703(3) s. 2972
288.703(6), a Florida College System institution with less than 2973
2,500 FTE, a religious institution as defined by s. 2974
212.08(7)(m), a charitable institution as defined by s. 2975
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212.08(7)(p), or a county or municipality with a population of 2976
less than 50,000, is eligible for up to $400,000 of eligible 2977
restoration costs, less a deductible of $10,000 for small 2978
businesses, eligible Florida College System institutions, and 2979
religious or charitable institutions, and $30,000 for eligible 2980
counties and municipalities, if: 2981
a. Except as provided in sub -subparagraph e., the facility 2982
was in compliance with department rules at the time of the 2983
discharge. 2984
b. The owner or operator has, upon discovery of a 2985
discharge, promptly reported the discharge to the department, 2986
and drained and removed the system from service, if necessary. 2987
c. The owner or operator has not intentionally caused or 2988
concealed a discharge or disabled leak detection equipment. 2989
d. The owner or operator proceeds to complete initial 2990
remedial action as specified in department rules. 2991
e. The owner or operator, if required and if it has not 2992
already done so, applies for third -party liability coverage for 2993
the facility within 30 days after receipt of an eligibility 2994
order issued by the department pursuant to this subpa ragraph. 2995
2996
However, the department may consider in -kind services from 2997
eligible counties and municipalities in lieu of the $30,000 2998
deductible. The cost of conducting initial remedial action as 2999
defined by department rules is an eligible restoration cost 3000
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pursuant to this subparagraph. 3001
4.a. By January 1, 1997, facilities at sites with existing 3002
contamination must have methods of release detection to be 3003
eligible for restoration insurance coverage for new discharges 3004
subject to department rules for secondary conta inment. Annual 3005
storage system testing, in conjunction with inventory control, 3006
shall be considered to be a method of release detection until 3007
the later of December 22, 1998, or 10 years after the date of 3008
installation or the last upgrade. Other methods of rel ease 3009
detection for storage tanks which meet such requirement are: 3010
(I) Interstitial monitoring of tank and integral piping 3011
secondary containment systems; 3012
(II) Automatic tank gauging systems; or 3013
(III) A statistical inventory reconciliation system with a 3014
tank test every 3 years. 3015
b. For pressurized integral piping systems, the owner or 3016
operator must use: 3017
(I) An automatic in -line leak detector with flow 3018
restriction meeting the requirements of department rules used in 3019
conjunction with an annual tightnes s or pressure test; or 3020
(II) An automatic in -line leak detector with electronic 3021
flow shut-off meeting the requirements of department rules. 3022
c. For suction integral piping systems, the owner or 3023
operator must use: 3024
(I) A single check valve installed dire ctly below the 3025
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suction pump if there are no other valves between the dispenser 3026
and the tank; or 3027
(II) An annual tightness test or other approved test. 3028
d. Owners of facilities with existing contamination that 3029
install internal release detection systems pu rsuant to sub-3030
subparagraph a. shall permanently close their external 3031
groundwater and vapor monitoring wells pursuant to department 3032
rules by December 31, 1998. Upon installation of the internal 3033
release detection system, such wells must be secured and taken 3034
out of service until permanent closure. 3035
e. Facilities with vapor levels of contamination meeting 3036
the requirements of or below the concentrations specified in the 3037
performance standards for release detection methods specified in 3038
department rules may contin ue to use vapor monitoring wells for 3039
release detection. 3040
f. The department may approve other methods of release 3041
detection for storage tanks and integral piping which have at 3042
least the same capability to detect a new release as the methods 3043
specified in this subparagraph. 3044
3045
Sites meeting the criteria of this subsection for which a site 3046
rehabilitation completion order was issued before June 1, 2008, 3047
do not qualify for the 2008 increase in site rehabilitation 3048
funding assistance and are bound by the pre -June 1, 2008, 3049
limits. Sites meeting the criteria of this subsection for which 3050
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a site rehabilitation completion order was not issued before 3051
June 1, 2008, regardless of whether they have previously 3052
transitioned to nonstate -funded cleanup status, may continue 3053
state-funded cleanup pursuant to s. 376.3071(6) until a site 3054
rehabilitation completion order is issued or the increased site 3055
rehabilitation funding assistance limit is reached, whichever 3056
occurs first. 3057
Section 70. Paragraph (g) of subsection (1) of section 3058
376.84, Florida Stat utes, is amended to read: 3059
376.84 Brownfield redevelopment economic incentives. —It is 3060
the intent of the Legislature that brownfield redevelopment 3061
activities be viewed as opportunities to significantly improve 3062
the utilization, general condition, and appear ance of these 3063
sites. Different standards than those in place for new 3064
development, as allowed under current state and local laws, 3065
should be used to the fullest extent to encourage the 3066
redevelopment of a brownfield. State and local governments are 3067
encouraged to offer redevelopment incentives for this purpose, 3068
as an ongoing public investment in infrastructure and services, 3069
to help eliminate the public health and environmental hazards, 3070
and to promote the creation of jobs in these areas. Such 3071
incentives may include financial, regulatory, and technical 3072
assistance to persons and businesses involved in the 3073
redevelopment of the brownfield pursuant to this act. 3074
(1) Financial incentives and local incentives for 3075
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redevelopment may include, but not be limited to: 3076
(g) Minority business enterprise programs as provided in 3077
s. 287.0943. 3078
Section 71. Paragraph (b) of subsection (8) of section 3079
381.986, Florida Statutes, is amended to read: 3080
381.986 Medical use of marijuana. — 3081
(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 3082
(b) An applicant for licensure as a medical marijuana 3083
treatment center shall apply to the department on a form 3084
prescribed by the department and adopted in rule. The department 3085
shall adopt rules pursuant to ss. 120.536(1) and 120.54 3086
establishing a procedure for the issuance and biennial renewal 3087
of licenses, including initial application and biennial renewal 3088
fees sufficient to cover the costs of implementing and 3089
administering this section, and establishing supplemental 3090
licensure fees for payment beginning May 1, 2018, sufficient to 3091
cover the costs of administering ss. 381.989 and 1004.4351. The 3092
department shall identify applicants with strong diversity plans 3093
reflecting this state's commitment to diversity and implement 3094
training programs and other educational pr ograms to enable 3095
minority persons and minority business enterprises, as defined 3096
in s. 288.703, and veteran business enterprises, as defined in 3097
s. 295.187, to compete for medical marijuana treatment center 3098
licensure and contracts. Subject to the requirement s in 3099
subparagraphs (a)2.-4., the department shall issue a license to 3100
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an applicant if the applicant meets the requirements of this 3101
section and pays the initial application fee. The department 3102
shall renew the licensure of a medical marijuana treatment 3103
center biennially if the licensee meets the requirements of this 3104
section and pays the biennial renewal fee. However, the 3105
department may not renew the license of a medical marijuana 3106
treatment center that has not begun to cultivate, process, and 3107
dispense marijuana by the date that the medical marijuana 3108
treatment center is required to renew its license. An individual 3109
may not be an applicant, owner, officer, board member, or 3110
manager on more than one application for licensure as a medical 3111
marijuana treatment center. A n individual or entity may not be 3112
awarded more than one license as a medical marijuana treatment 3113
center. An applicant for licensure as a medical marijuana 3114
treatment center must demonstrate: 3115
1. That, for the 5 consecutive years before submitting the 3116
application, the applicant has been registered to do business in 3117
the state. 3118
2. Possession of a valid certificate of registration 3119
issued by the Department of Agriculture and Consumer Services 3120
pursuant to s. 581.131. 3121
3. The technical and technological ability to cultivate 3122
and produce marijuana, including, but not limited to, low -THC 3123
cannabis. 3124
4. The ability to secure the premises, resources, and 3125
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personnel necessary to operate as a medical marijuana treatment 3126
center. 3127
5. The ability to maintain accountabilit y of all raw 3128
materials, finished products, and any byproducts to prevent 3129
diversion or unlawful access to or possession of these 3130
substances. 3131
6. An infrastructure reasonably located to dispense 3132
marijuana to registered qualified patients statewide or 3133
regionally as determined by the department. 3134
7. The financial ability to maintain operations for the 3135
duration of the 2-year approval cycle, including the provision 3136
of certified financial statements to the department. 3137
a. Upon approval, the applicant must post a $5 million 3138
performance bond issued by an authorized surety insurance 3139
company rated in one of the three highest rating categories by a 3140
nationally recognized rating service. However, a medical 3141
marijuana treatment center serving at least 1,000 qualified 3142
patients is only required to maintain a $2 million performance 3143
bond. 3144
b. In lieu of the performance bond required under sub -3145
subparagraph a., the applicant may provide an irrevocable letter 3146
of credit payable to the department or provide cash to the 3147
department. If provided with cash under this sub -subparagraph, 3148
the department shall deposit the cash in the Grants and 3149
Donations Trust Fund within the Department of Health, subject to 3150
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the same conditions as the bond regarding requirements for the 3151
applicant to forfeit ownership of the funds. If the funds 3152
deposited under this sub -subparagraph generate interest, the 3153
amount of that interest shall be used by the department for the 3154
administration of this section. 3155
8. That all owners, officers, board members, and managers 3156
have passed a background screening pursuant to subsection (9). 3157
9. The employment of a medical director to supervise the 3158
activities of the medical marijuana treatment center. 3159
10. A diversity plan that promotes and ensures the 3160
involvement of minority persons and minority business 3161
enterprises, as defined in s. 288.703, or veteran business 3162
enterprises, as defined in s. 295.187, in ownership, management, 3163
and employment. An applicant for licensure renewal must show the 3164
effectiveness of the diversity plan by including the following 3165
with his or her application for renewal: 3166
a. Representation of minority persons and veterans in the 3167
medical marijuana treatment center's workforce; 3168
b. Efforts to recruit minority persons and veterans for 3169
employment; and 3170
c. A record of contracts for services with minority 3171
business enterprises and veteran business enterprises. 3172
Section 72. Paragraph (a) of subsection (1) of section 3173
394.47865, Florida Statutes, is amended to read: 3174
394.47865 South Florida State Hospital; privati zation.— 3175
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(1) The Department of Children and Families shall, through 3176
a request for proposals, privatize South Florida State Hospital. 3177
The department shall plan to begin implementation of this 3178
privatization initiative by July 1, 1998. 3179
(a) Notwithstanding s. 287.057(11) s. 287.057(14), the 3180
department may enter into agreements, not to exceed 20 years, 3181
with a private provider, a coalition of providers, or another 3182
agency to finance, design, and construct a treatment facility 3183
having up to 350 beds and to opera te all aspects of daily 3184
operations within the facility. The department may subcontract 3185
any or all components of this procurement to a statutorily 3186
established state governmental entity that has successfully 3187
contracted with private companies for designing, f inancing, 3188
acquiring, leasing, constructing, and operating major privatized 3189
state facilities. 3190
Section 73. Paragraph (b) of subsection (2) and subsection 3191
(3) of section 402.7305, Florida Statutes, are amended to read: 3192
402.7305 Department of Children and Families; procurement 3193
of contractual services; contract management. — 3194
(2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES. — 3195
(b) When it is in the best interest of a defined segment 3196
of its consumer population, the department may competitively 3197
procure and contract for systems of treatment or service that 3198
involve multiple providers, rather than procuring and 3199
contracting for treatment or services separately from each 3200
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participating provider. The department must ensure that all 3201
providers that participa te in the treatment or service system 3202
meet all applicable statutory, regulatory, service quality, and 3203
cost control requirements. If other governmental entities or 3204
units of special purpose government contribute matching funds to 3205
the support of a given syste m of treatment or service, the 3206
department shall formally request information from those funding 3207
entities in the procurement process and may take the information 3208
received into account in the selection process. If a local 3209
government contributes matching fund s to support the system of 3210
treatment or contracted service and if the match constitutes at 3211
least 25 percent of the value of the contract, the department 3212
shall afford the governmental match contributor an opportunity 3213
to name an employee as one of the person s required by s. 3214
287.057(14) s. 287.057(17) to evaluate or negotiate certain 3215
contracts, unless the department sets forth in writing the 3216
reason why the inclusion would be contrary to the best interest 3217
of the state. Any employee so named by the governmental match 3218
contributor shall qualify as one of the persons required by s. 3219
287.057(14) s. 287.057(17). A governmental entity or unit of 3220
special purpose government may not name an employee as one of 3221
the persons required by s. 287.057(14) s. 287.057(17) if it, or 3222
any of its political subdivisions, executive agencies, or 3223
special districts, intends to compete for the contract to be 3224
awarded. The governmental funding entity or contributor of 3225
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matching funds must comply with all procurement procedures set 3226
forth in s. 287.057 when appropriate and required. 3227
(3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS. —The 3228
Department of Children and Families shall review the time period 3229
for which the department executes contracts and shall execute 3230
multiyear contracts to make the most efficient use of the 3231
resources devoted to contract processing and execution. Whenever 3232
the department chooses not to use a multiyear contract, a 3233
justification for that decision must be contained in the 3234
contract. Notwithstanding s. 287.057(12) s. 287.057(15), the 3235
department is responsible for establishing a contract management 3236
process that requires a member of the department's Senior 3237
Management or Selected Exempt Service to assign in writing the 3238
responsibility of a contract to a contract manager. The 3239
department shall maintain a set of procedures describing its 3240
contract management process which must minimally include the 3241
following requirements: 3242
(a) The contract manager shall maintain the official 3243
contract file throughout the duration of the contract and for a 3244
period not less than 6 years after the termination of the 3245
contract. 3246
(b) The contract manager shall review all invoices for 3247
compliance with the criteria and payment schedule provided for 3248
in the contract and shall approve payment of all invoices before 3249
their transmission to the Department of Financial Services for 3250
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payment. 3251
(c) The contract manager shall maintain a schedule of 3252
payments and total amounts disbursed and shall periodically 3253
reconcile the records with the state's official accounting 3254
records. 3255
(d) For contracts involving the provision of direct client 3256
services, the contract manager shall periodically visit the 3257
physical location where the services are delivered and speak 3258
directly to clients receiving the services and the staff 3259
responsible for delivering the services. 3260
(e) The contract manager shall meet at least once a month 3261
directly with the contractor's representative and maintain 3262
records of such meetings. 3263
(f) The contract manager shall periodically document any 3264
differences between the requir ed performance measures and the 3265
actual performance measures. If a contractor fails to meet and 3266
comply with the performance measures established in the 3267
contract, the department may allow a reasonable period for the 3268
contractor to correct performance deficien cies. If performance 3269
deficiencies are not resolved to the satisfaction of the 3270
department within the prescribed time, and if no extenuating 3271
circumstances can be documented by the contractor to the 3272
department's satisfaction, the department must terminate the 3273
contract. The department may not enter into a new contract with 3274
that same contractor for the services for which the contract was 3275
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previously terminated for a period of at least 24 months after 3276
the date of termination. The contract manager shall obtain and 3277
enforce corrective action plans, if appropriate, and maintain 3278
records regarding the completion or failure to complete 3279
corrective action items. 3280
(g) The contract manager shall document any contract 3281
modifications, which shall include recording any contract 3282
amendments as provided for in this section. 3283
(h) The contract manager shall be properly trained before 3284
being assigned responsibility for any contract. 3285
Section 74. Subsection (2) of section 408.045, Florida 3286
Statutes, is amended to read: 3287
408.045 Certificate of need; competitive sealed 3288
proposals.— 3289
(2) The agency shall make a decision regarding the 3290
issuance of the certificate of need in accordance with the 3291
provisions of s. 287.057(14) s. 287.057(17), rules adopted by 3292
the agency relating to intermediate care facilities for the 3293
developmentally disabled, and the criteria in s. 408.035, as 3294
further defined by rule. 3295
Section 75. Subsection (24) of section 409.901, Florida 3296
Statutes, is amended to read: 3297
409.901 Definitions; ss. 409.901 -409.920.—As used in ss. 3298
409.901-409.920, except as otherwise specifically provided, the 3299
term: 3300
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(24) "Minority physician network" means a network of 3301
primary care physicians with experience managing Medicaid or 3302
Medicare recipients that is predominantly owned by minorities as 3303
defined in s. 288.703 , which may have a collaborative 3304
partnership with a public college or university and a tax -exempt 3305
charitable corporation. 3306
Section 76. Paragraph (b) of subsection (2) of section 3307
440.45, Florida Statutes, is amended to read: 3308
440.45 Office of the Judges of Compensation Claims. — 3309
(2) 3310
(b) Except as provided in paragraph (c), the Governor 3311
shall appoint a judge of compensation claims from a list of 3312
three persons nominated by a statewide nominating commission. 3313
The statewide nominating co mmission shall be composed of the 3314
following: 3315
1. Six members, at least one of whom must be a member of a 3316
minority group as defined in s. 288.703, one of each who resides 3317
in each of the territorial jurisdictions of the district courts 3318
of appeal, appointed by the Board of Governors of The Florida 3319
Bar from among The Florida Bar members engaged in the practice 3320
of law. Each member shall be appointed for a 4 -year term; 3321
2. Six electors, at least one of whom must be a member of 3322
a minority group as defined in s. 288.703, one of each who 3323
resides in each of the territorial jurisdictions of the district 3324
courts of appeal, appointed by the Governor. Each member shall 3325
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be appointed for a 4 -year term; and 3326
3. Six electors, at least one of whom must be a member of 3327
a minority group as defined in s. 288.703, one of each who 3328
resides in the territorial jurisdictions of the district courts 3329
of appeal, selected and appointed by a majority vote of the 3330
other 10 members of the commission. Each member shall be 3331
appointed for a 4-year term. 3332
3333
A vacancy occurring on the commission shall be filled by the 3334
original appointing authority for the unexpired balance of the 3335
term. An attorney who appears before any judge of compensation 3336
claims more than four times a year is not eligible to serve on 3337
the statewide nominating commission. The meetings and 3338
determinations of the nominating commission as to the judges of 3339
compensation claims shall be open to the public. 3340
Section 77. Section 489.125, Florida Statutes, is amended 3341
to read: 3342
489.125 Prequalification of certificateholders. —Any person 3343
holding a certificate shall be prequalified to bid by a district 3344
school board pursuant to uniform prequalification of contractors 3345
criteria adopted by rule of the State Board of Education. This 3346
section does not supersede any small , woman-owned or minority-3347
owned business enterprise preference program adopted by a 3348
district school board. A district school board may not modify or 3349
supplement the uniform prequalification criteria adopted by 3350
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rule. A person holding a certificate must apply to each board 3351
for prequalification consideration. 3352
Section 78. Subsection (42) of section 570.07, Florida 3353
Statutes, is amended to read: 3354
570.07 Department of Agriculture and Consumer Services; 3355
functions, powers, and duties. —The department shall have and 3356
exercise the following functions, powers, and duties: 3357
(42) Notwithstanding the provisions of s. 287.057(21) s. 3358
287.057(24) that require all agencies to use the online 3359
procurement system developed by the Department of Management 3360
Services, the department may continue to use its own online 3361
system. However, vendors utilizing such system shall be 3362
prequalified as meeting mandatory requirements and 3363
qualifications and shall remit fees pursuant to s. 287.057(21) 3364
s. 287.057(24), and any rules implementing s. 287.057. 3365
Section 79. Subsection (2) of section 616.255, Florida 3366
Statutes, is amended to read: 3367
616.255 Duties of authority; Florida State Fairgrounds. —3368
The authority shall: 3369
(2) Throughout each year, promote the progress of the 3370
state and stimulate public interest in the advantages and 3371
development of the state by providing facilities for 3372
agricultural and industrial exhibitions, public gatherings, 3373
cultural activities, and other functions intended to advance the 3374
educational, physical, economic, and cultural interests of the 3375
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public. It is the intent of the Legislature that the authority, 3376
when contracting for concessions at functions held pursuant to 3377
this subsection, give consideration to increasing the number of 3378
concessionaires that are small minority businesses. 3379
Section 80. Subsection (2) of section 616.256, Florida 3380
Statutes, is amended to read: 3381
616.256 Powers of authority. — 3382
(2) It is the intent of the Legislature that the 3383
authority, when contracting for the acquisition of perso nal 3384
property or services pursuant to this section, give 3385
consideration to increasing the number of contractors that are 3386
small minority businesses. 3387
Section 81. Section 625.3255, Florida Statutes, is amended 3388
to read: 3389
625.3255 Capital participation instr ument.—An insurer may 3390
invest in any capital participation instrument or evidence of 3391
indebtedness issued by the Department of Commerce pursuant to 3392
the Florida Small and Minority Business Assistance Act. 3393
Section 82. Paragraph (e) of subsection (6) of sec tion 3394
627.351, Florida Statutes, is amended to read: 3395
627.351 Insurance risk apportionment plans. — 3396
(6) CITIZENS PROPERTY INSURANCE CORPORATION. — 3397
(e) The corporation is subject to s. 287.057 for the 3398
purchase of commodities and contractual services excep t as 3399
otherwise provided in this paragraph. Services provided by 3400
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tradepersons or technical experts to assist a licensed adjuster 3401
in the evaluation of individual claims are not subject to the 3402
procurement requirements of this section. Additionally, the 3403
procurement of financial services providers and underwriters 3404
must be made pursuant to s. 627.3513. Contracts for goods or 3405
services valued at or more than $100,000 are subject to approval 3406
by the board. 3407
1. The corporation is an agency for purposes of s. 3408
287.057, except that, for purposes of s. 287.057(21) s. 3409
287.057(24), the corporation is an eligible user. 3410
a. The authority of the Department of Management Services 3411
and the Chief Financial Officer under s. 287.057 extends to the 3412
corporation as if the corporation were an agency. 3413
b. The executive director of the corporation is the agency 3414
head under s. 287.057. The executive director of the corporation 3415
may assign or appoint a designee to act on his or her behalf. 3416
2. The corporation must provide notice of a decisi on or 3417
intended decision concerning a solicitation, contract award, or 3418
exceptional purchase by electronic posting. Such notice must 3419
contain the following statement: "Failure to file a protest 3420
within the time prescribed in this section constitutes a waiver 3421
of proceedings." 3422
a. A person adversely affected by the corporation's 3423
decision or intended decision to award a contract pursuant to s. 3424
287.057(1) or (3)(c) who elects to challenge the decision must 3425
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file a written notice of protest with the executive direct or of 3426
the corporation within 72 hours after the corporation posts a 3427
notice of its decision or intended decision. For a protest of 3428
the terms, conditions, and specifications contained in a 3429
solicitation, including provisions governing the methods for 3430
ranking bids, proposals, replies, awarding contracts, reserving 3431
rights of further negotiation, or modifying or amending any 3432
contract, the notice of protest must be filed in writing within 3433
72 hours after posting the solicitation. Saturdays, Sundays, and 3434
state holidays are excluded in the computation of the 72 -hour 3435
time period. 3436
b. A formal written protest must be filed within 10 days 3437
after the date the notice of protest is filed. The formal 3438
written protest must state with particularity the facts and law 3439
upon which the protest is based. Upon receipt of a formal 3440
written protest that has been timely filed, the corporation must 3441
stop the solicitation or contract award process until the 3442
subject of the protest is resolved by final board action unless 3443
the executive director sets forth in writing particular facts 3444
and circumstances that require the continuance of the 3445
solicitation or contract award process without delay in order to 3446
avoid an immediate and serious danger to the public health, 3447
safety, or welfare. 3448
(I) The corporation must provide an opportunity to resolve 3449
the protest by mutual agreement between the parties within 7 3450
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business days after receipt of the formal written protest. 3451
(II) If the subject of a protest is not resolved by mutual 3452
agreement within 7 business day s, the corporation's board must 3453
transmit the protest to the Division of Administrative Hearings 3454
and contract with the division to conduct a hearing to determine 3455
the merits of the protest and to issue a recommended order. The 3456
contract must provide for the c orporation to reimburse the 3457
division for any costs incurred by the division for court 3458
reporters, transcript preparation, travel, facility rental, and 3459
other customary hearing costs in the manner set forth in s. 3460
120.65(9). The division has jurisdiction to de termine the facts 3461
and law concerning the protest and to issue a recommended order. 3462
The division's rules and procedures apply to these proceedings. 3463
The protest must be heard by the division at a publicly noticed 3464
meeting in accordance with procedures establi shed by the 3465
division. 3466
c. In a protest of an invitation -to-bid or request-for-3467
proposals procurement, submissions made after the bid or 3468
proposal opening which amend or supplement the bid or proposal 3469
may not be considered. In protesting an invitation -to-negotiate 3470
procurement, submissions made after the corporation announces 3471
its intent to award a contract, reject all replies, or withdraw 3472
the solicitation that amends or supplements the reply may not be 3473
considered. Unless otherwise provided by law, the burden o f 3474
proof rests with the party protesting the corporation's action. 3475
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In a competitive-procurement protest, other than a rejection of 3476
all bids, proposals, or replies, the administrative law judge 3477
must conduct a de novo proceeding to determine whether the 3478
corporation's proposed action is contrary to the corporation's 3479
governing statutes, the corporation's rules or policies, or the 3480
solicitation specifications. The standard of proof for the 3481
proceeding is whether the corporation's action was clearly 3482
erroneous, contrary to competition, arbitrary, or capricious. In 3483
any bid-protest proceeding contesting an intended corporation 3484
action to reject all bids, proposals, or replies, the standard 3485
of review by the board is whether the corporation's intended 3486
action is illegal, ar bitrary, dishonest, or fraudulent. 3487
d. Failure to file a notice of protest or failure to file 3488
a formal written protest constitutes a waiver of proceedings. 3489
3. The agency head or his or her designee shall consider 3490
the recommended order of an administrati ve law judge and take 3491
final action on the protest. Any further legal remedy lies with 3492
the First District Court of Appeal. 3493
Section 83. Subsection (7) of section 627.3511, Florida 3494
Statutes, is amended to read: 3495
627.3511 Depopulation of Citizens Property Insurance 3496
Corporation.— 3497
(7) A minority business, which is at least 51 percent 3498
owned by minority persons as described in s. 288.703 , desiring 3499
to operate or become licensed as a property and casualty insurer 3500
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may exempt up to $50 of the escrow requirements of the take-out 3501
bonus, as described in this section. Such minority business, 3502
which has applied for a certificate of authority to engage in 3503
business as a property and casualty insurer, may simultaneously 3504
file the business' proposed take -out plan, as described in this 3505
section, with the corporation. 3506
Section 84. Paragraph (b) of subsection (4) of section 3507
657.042, Florida Statutes, is amended to read: 3508
657.042 Investment powers and limitations. —A credit union 3509
may invest its funds subject to the following d efinitions, 3510
restrictions, and limitations: 3511
(4) INVESTMENT SUBJECT TO LIMITATION OF ONE PERCENT OF 3512
CAPITAL OF THE CREDIT UNION. —Up to 1 percent of the capital of 3513
the credit union may be invested in any of the following: 3514
(b) Any capital participation ins trument or evidence of 3515
indebtedness issued by the Department of Commerce pursuant to 3516
the Florida Small and Minority Business Assistance Act. 3517
Section 85. Paragraph (f) of subsection (4) of section 3518
658.67, Florida Statutes, is amended to read: 3519
658.67 Investment powers and limitations. —A bank may 3520
invest its funds, and a trust company may invest its corporate 3521
funds, subject to the following definitions, restrictions, and 3522
limitations: 3523
(4) INVESTMENTS SUBJECT TO LIMITATION OF 10 PERCENT OR 3524
LESS OF CAPITAL ACCOUNTS.— 3525
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(f) Up to 10 percent of the capital accounts of a bank or 3526
trust company may be invested in any capital participation 3527
instrument or evidence of indebtedness issued by the Department 3528
of Commerce pursuant to the Florida Small and Minority Business 3529
Assistance Act. 3530
Section 86. Subsection (1) of section 947.02, Florida 3531
Statutes, is amended to read: 3532
947.02 Florida Commission on Offender Review; members, 3533
appointment.— 3534
(1) Except as provided in s. 947.021, the members of the 3535
Florida Commission on Offender Review shall be appointed by the 3536
Governor and Cabinet from a list of eligible applicants 3537
submitted by a parole qualifications committee. The appointments 3538
of members of the commission shall be certified to the Senate by 3539
the Governor and Cabinet for confirmation, and the membership of 3540
the commission shall include representation from minority 3541
persons as defined in s. 288.703 . 3542
Section 87. Section 947.021, Florida Statutes, is amended 3543
to read: 3544
947.021 Florida Commission on Offender Review; expe dited 3545
appointments.—Whenever the Legislature decreases the membership 3546
of the commission, all terms of office shall expire, 3547
notwithstanding any law to the contrary. Under such 3548
circumstances, the Governor and Cabinet shall expedite the 3549
appointment of commiss ioners. Notwithstanding the parole 3550
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qualifications committee procedure in s. 947.02, members shall 3551
be directly appointed by the Governor and Cabinet. Members 3552
appointed to the commission may be selected from incumbents. 3553
Members shall be certified to the Sena te by the Governor and 3554
Cabinet for confirmation, and the membership of the commission 3555
shall include representation from minority persons as defined in 3556
s. 288.703. 3557
Section 88. Subsection (3) of section 957.09, Florida 3558
Statutes, is amended to read: 3559
957.09 Applicability of chapter to other provisions of 3560
law.— 3561
(3) The provisions of law governing the participation of 3562
minority business enterprises are applicable to this chapter. 3563
Section 89. Paragraph (d) of subsection (7) of section 3564
1001.706, Florida Statutes, is amended to read: 3565
1001.706 Powers and duties of the Board of Governors. — 3566
(7) POWERS AND DUTIES RELATING TO PROPERTY. — 3567
(d) The Board of Governors, or the board's designee, shall 3568
ensure compliance with the provisions of s. 287.09451 for all 3569
procurement and ss. 255.101 and 255.102 for construction 3570
contracts, and rules adopted pursuant thereto, relating to the 3571
utilization of minority business enterprises, except that 3572
procurements costing less than the amount provided for in 3573
CATEGORY FIVE as provided in s. 287.017 shall not be subject to 3574
s. 287.09451. 3575
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Section 90. Paragraph (a) of subsection (4) of section 3576
1004.435, Florida Statutes, is amended to read: 3577
1004.435 Cancer control and research. — 3578
(4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL; 3579
CREATION; COMPOSITION. — 3580
(a) There is created within the H. Lee Moffitt Cancer 3581
Center and Research Institute, Inc., the Florida Cancer Control 3582
and Research Advisory Council. The council shall consist of 16 3583
members, which includes the cha irperson, all of whom must be 3584
residents of this state. The State Surgeon General or his or her 3585
designee within the Department of Health shall be one of the 16 3586
members. Members, except those appointed by the Governor, the 3587
Speaker of the House of Representat ives, or the President of the 3588
Senate, must be appointed by the chief executive officer of the 3589
institution or organization represented, or his or her designee. 3590
One member must be a representative of the American Cancer 3591
Society; one member must be a represen tative of the Sylvester 3592
Comprehensive Cancer Center of the University of Miami; one 3593
member must be a representative of the University of Florida 3594
Shands Cancer Center; one member must be a representative of the 3595
Florida Nurses Association who specializes in the field of 3596
oncology and is not from an institution or organization already 3597
represented on the council; one member must be a representative 3598
of the Florida Osteopathic Medical Association who specializes 3599
in the field of oncology; one member must be a membe r of the 3600
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Florida Medical Association who specializes in the field of 3601
oncology and who represents a cancer center not already 3602
represented on the council; one member must be a representative 3603
of the H. Lee Moffitt Cancer Center and Research Institute, 3604
Inc.; one member must be a representative of the Mayo Clinic in 3605
Jacksonville; one member must be a member of the Florida 3606
Hospital Association who specializes in the field of oncology 3607
and who represents a comprehensive cancer center not already 3608
represented on the council; one member must be a representative 3609
of the Association of Community Cancer Centers; one member must 3610
specialize in pediatric oncology research or clinical care 3611
appointed by the Governor; one member must specialize in 3612
oncology clinical care or resea rch appointed by the President of 3613
the Senate; one member must be a current or former cancer 3614
patient or a current or former caregiver to a cancer patient 3615
appointed by the Speaker of the House of Representatives; one 3616
member must be a member of the House of R epresentatives 3617
appointed by the Speaker of the House of Representatives; and 3618
one member must be a member of the Senate appointed by the 3619
President of the Senate. At least four of the members must be 3620
individuals who are minority persons as defined by s. 288. 703. 3621
Section 91. Subsection (3) of section 1009.70, Florida 3622
Statutes, is amended to read: 3623
1009.70 Florida Education Fund. — 3624
(3) The Florida Education Fund shall use the income of the 3625
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fund to provide for programs which seek to: 3626
(a) Enhance the qual ity of higher educational opportunity 3627
in this state; and 3628
(b) Enhance equality by providing access to effective 3629
higher education programs by minority and economically deprived 3630
individuals in this state , with particular consideration to be 3631
given to the needs of both blacks and women; and 3632
(c) Increase the representation of minorities in faculty 3633
and administrative positions in higher education in this state 3634
and to provide more highly educated minority leadership in 3635
business and professional enterprises i n this state. 3636
Section 92. Subsection (4) of section 1013.45, Florida 3637
Statutes, is amended to read: 3638
1013.45 Educational facilities contracting and 3639
construction techniques for school districts and Florida College 3640
System institutions. — 3641
(4) Except as otherwise provided in this section and s. 3642
481.229, the services of a registered architect must be used for 3643
the development of plans for the erection, enlargement, or 3644
alteration of any educational facility. The services of a 3645
registered architect are not requ ired for a minor renovation 3646
project for which the construction cost is less than $50,000 or 3647
for the placement or hookup of relocatable educational 3648
facilities that conform to standards adopted under s. 1013.37. 3649
However, boards must provide compliance with b uilding code 3650
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requirements and ensure that these structures are adequately 3651
anchored for wind resistance as required by law. A district 3652
school board shall reuse existing construction documents or 3653
design criteria packages if such reuse is feasible and 3654
practical. If a school district's 5 -year educational facilities 3655
work plan includes the construction of two or more new schools 3656
for students in the same grade group and program, such as 3657
elementary, middle, or high school, the district school board 3658
must require that prototype design and construction be used for 3659
the construction of these schools. Notwithstanding s. 287.055, a 3660
board may purchase the architectural services for the design of 3661
educational or ancillary facilities under an existing contract 3662
agreement for professional services held by a district school 3663
board in the State of Florida, provided that the purchase is to 3664
the economic advantage of the purchasing board, the services 3665
conform to the standards prescribed by rules of the State Board 3666
of Education, and suc h reuse is not without notice to, and 3667
permission from, the architect of record whose plans or design 3668
criteria are being reused. Plans must be reviewed for compliance 3669
with the State Requirements for Educational Facilities. Rules 3670
adopted under this section m ust establish uniform 3671
prequalification, selection, bidding, and negotiation procedures 3672
applicable to construction management contracts and the design -3673
build process. This section does not supersede any small , woman-3674
owned, or minority-owned business enterprise preference program 3675
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adopted by a board. Except as otherwise provided in this 3676
section, the negotiation procedures applicable to construction 3677
management contracts and the design -build process must conform 3678
to the requirements of s. 287.055. A board may not modify any 3679
rules regarding construction management contracts or the design -3680
build process. 3681
Section 93. Paragraph (c) of subsection (1) of section 3682
1013.46, Florida Statutes, is amended to read: 3683
1013.46 Advertising and awarding contracts; 3684
prequalification of contractor.— 3685
(1) 3686
(c) As an option, any county, municipality, or board may 3687
set aside up to 10 percent of the total amount of funds 3688
allocated for the purpose of entering into construction capital 3689
project contracts with minority business enterprises, as defined 3690
in s. 287.094. Such contracts shall be competitively bid only 3691
among minority business enterprises. The set -aside shall be used 3692
to redress present effects of past discriminatory practices and 3693
shall be subject to periodic reassessment to account for 3694
changing needs and circumstances. 3695
Section 94. This act shall take effect July 1, 2025. 3696