HB 1189 full text · Session Watch

1 A bill to be entitled

2 An act relating to diversity, equity, and inclusion

3 and affirmative action; amending s. 16.71, F.S.;

4 removing a requirement that the Governor consider

5 certain appointees; repealing s. 24.113, F.S.,

6 relating to minority participation for lottery

7 retailers; amending s. 110.112, F.S.; providing for

8 equal employment opportunity; prohibiting a hiring

9 manager from engaging in certain employment practices;

10 authorizing certain persons to file complaints with

11 the Attorney General; amending s. 110.605, F.S.;

12 revising the personnel rules of the Department of

13 Management Services; repealing ss. 255.101 and

14 255.102, F.S., relating to contracts for public

15 construction works and utilization of minority

16 business enterprises, respectively; amending s.

17 287.042, F.S.; revising the powers, duties, and

18 functions of the department relating to commodities,

19 insurance, and contractual services; amending s.

20 287.055, F.S.; revising public announcement and

21 qualification procedures and competitive selection

22 requirements; amending s. 287.057, F.S.; revising

23 provisions relating to procurement of commodities or

24 contractual services; repealing ss. 287.093, 287.0931,

25 287.094, 287.0943, and 287.09431, F.S., relating to

26 minority business enterprises and programs; amending

27 s. 287.09451, F.S.; renaming the Office of Supplier

28 Diversity as the Office of Supplier Development;

29 repealing s. 287.0947, F.S., relating to the Florida

30 Advisory Council on Small and Minority Business

31 Development; repealing s. 288.1167, F.S., relating to

32 sports franchise contract provisions for food and

33 beverage concession and contract awards to minority

34 business enterprises; amending ss. 288.703 and

35 409.920, F.S.; revising definitions; repealing s.

36 395.807, F.S., relating to retention of family

37 practice residents; repealing s. 420.622, F.S.,

38 relating to the State Office on Homelessness and

39 Council on Homelessness; amending s. 445.007, F.S.;

40 removing requirements that minority and gender

41 representation be considered when making appointments

42 to a local workforce development board; amending s.

43 473.3065, F.S.; renaming the Public Accountant

44 Education Minority Assistance Advisory Council as the

45 Public Accountant Education Opportunity Assistance

46 Advisory Council; revising the selection and

47 eligibility criteria for receipt of the Clay Ford

48 Scholarship Program; revising the selection and

49 eligibility criteria for appointment to the council;

50 amending s. 489.111, F.S.; removing requirement that a

51 sensitivity review committee be established; repealing

52 s. 641.217, F.S., relating to minority recruitment and

53 retention plans; repealing s. 760.80, F.S., relating

54 to minority representation on boards, commissions,

55 councils, and committees; redesignating part V of ch.

56 760, F.S., as part IV to conform to changes made by

57 the act; amending ss. 17.11, 20.60, 43.16, 110.105,

58 110.211, 187.201, 212.096, 215.971, 255.20, 282.201,

59 282.709, 286.101, 287.012, 287.0571, 287.059,

60 288.0001, 288.001, 288.0065, 288.12266, 288.1229,

61 288.124, 288.7015, 288.7031, 288.706, 288.776,

62 290.004, 290.0056, 290.0057, 290.046, 295.187, 320.63,

63 337.11, 339.63, 376.3072, 376.84, 381.986, 383.216,

64 394.47865, 402.7305, 408.045, 409.901, 430.502,

65 440.45, 446.041, 570.07, 616.255, 616.256, 627.351,

66 627.3511, 1001.216, 1001.706, 1004.42, 1004.435, and

67 1013.46, F.S.; conforming cross-references and

68 provisions to changes made by the act; providing an

69 effective date.

71 Be It Enacted by the Legislature of the State of Florida:

73 Section 1. Paragraph (a) of subsection (2) of section

74 16.71, Florida Statutes, is amended to read:

75 16.71 Florida Gaming Control Commission; creation;

76 meetings; membership.—

77 (2) MEMBERSHIP.—

78 (a) The commission shall consist of five members appointed

79 by the Governor, and subject to confirmation by the Senate, for

80 terms of 4 years. Members of the commission must be appointed by

81 January 1, 2022. ~~The Governor shall consider appointees who~~

82 ~~reflect Florida's racial, ethnic, and gender diversity.~~ Of the

83 initial five members appointed by the Governor, and immediately

84 upon appointment, the Governor shall appoint one of the members

85 as the initial chair and one of the members as the initial vice

86 chair. At the end of the initial chair's and vice chair's terms

87 pursuant to subparagraph 1., the commission shall elect one of

88 the members of the commission as chair and one of the members of

89 the commission as vice chair.

90 1. For the purpose of providing staggered terms, of the

91 initial appointments, two members shall be appointed to 4-year

92 terms, two members shall be appointed to 3-year terms, and one

93 member shall be appointed to a 2-year term.

94 2. Of the five members, at least one member must have at

95 least 10 years of experience in law enforcement and criminal

96 investigations, at least one member must be a certified public

97 accountant licensed in this state with at least 10 years of

98 experience in accounting and auditing, and at least one member

99 must be an attorney admitted and authorized to practice law in

100 this state for at least the preceding 10 years.

101 Section 2. Subsection (2) of section 17.11, Florida

102 Statutes, is amended to read:

103 17.11 To report disbursements made.—

104 (2) The Chief Financial Officer shall also cause to have

105 reported from the Florida Accounting Information Resource

106 Subsystem no less than quarterly the disbursements which

107 agencies made to small businesses, as defined in s. 288.703 ~~the~~

108 ~~Florida Small and Minority Business Assistance Act; to certified~~

109 ~~minority business enterprises in the aggregate; and to certified~~

110 ~~minority business enterprises broken down into categories of~~

111 ~~minority persons, as well as gender and nationality subgroups.~~

112 This information shall be made available to the agencies, the

113 Office of Supplier Development ~~Diversity,~~ the Governor, the

114 President of the Senate, and the Speaker of the House of

115 Representatives. Each agency shall be responsible for the

116 accuracy of information entered into the Florida Accounting

117 Information Resource Subsystem for use in this reporting.

118 Section 3. Paragraphs (e) and (k) of subsection (4) and

119 paragraph (a) of subsection (5) of section 20.60, Florida

120 Statutes, are amended to read:

121 20.60 Department of Commerce; creation; powers and

122 duties.—

123 (4) The purpose of the department is to assist the

124 Governor in working with the Legislature, state agencies,

125 business leaders, and economic development professionals to

126 formulate and implement coherent and consistent policies and

127 strategies designed to promote economic opportunities for all

128 Floridians. The department is the state's chief agency for

129 business recruitment and expansion and economic development. To

130 accomplish such purposes, the department shall:

131 (e) Manage the activities of public-private partnerships

132 and state agencies in order to avoid duplication and promote

133 coordinated and consistent implementation of programs in areas

134 including, but not limited to, tourism; international trade and

135 investment; business recruitment, creation, retention, and

136 expansion; ~~minority and~~ small business development; defense,

137 space, and aerospace development; rural community development;

138 and the development and promotion of professional and amateur

139 sporting events.

140 (k) Assist, promote, and enhance economic opportunities

141 for this state's ~~minority-owned~~ businesses and rural and urban

142 communities.

143 (5) The divisions within the department have specific

144 responsibilities to achieve the duties, responsibilities, and

145 goals of the department. Specifically:

146 (a) The Division of Economic Development shall:

147 1. Analyze and evaluate business prospects identified by

148 the Governor and the secretary.

149 2. Administer certain tax refund, tax credit, and grant

150 programs created in law. Notwithstanding any other provision of

151 law, the department may expend interest earned from the

152 investment of program funds deposited in the Grants and

153 Donations Trust Fund to contract for the administration of those

154 programs, or portions of the programs, assigned to the

155 department by law, by the appropriations process, or by the

156 Governor. Such expenditures shall be subject to review under

157 chapter 216.

158 3. Develop measurement protocols for the state incentive

159 programs and for the contracted entities which will be used to

160 determine their performance and competitive value to the state.

161 Performance measures, benchmarks, and sanctions must be

162 developed in consultation with the legislative appropriations

163 committees and the appropriate substantive committees, and are

164 subject to the review and approval process provided in s.

165 216.177. The approved performance measures, standards, and

166 sanctions shall be included and made a part of the strategic

167 plan for contracts entered into for delivery of programs

168 authorized by this section.

169 4. Develop a 5-year statewide strategic plan. The

170 strategic plan must include, but need not be limited to:

171 a. Strategies for the promotion of business formation,

172 expansion, recruitment, and retention through aggressive

173 marketing, attraction of venture capital and finance

174 development, domestic trade, international development, and

175 export assistance, which lead to more and better jobs and higher

176 wages for all geographic regions, disadvantaged communities, and

177 populations of the state, including rural areas, ~~minority~~

178 ~~businesses,~~ and urban core areas.

179 b. The development of realistic policies and programs to

180 further the economic diversity of the state, its regions, and

181 their associated industrial clusters.

182 c. Specific provisions for the stimulation of economic

183 development and job creation in rural areas and midsize cities

184 and counties of the state, including strategies for rural

185 marketing and the development of infrastructure in rural areas.

186 d. Provisions for the promotion of the successful long-

187 term economic development of the state with increased emphasis

188 in market research and information.

189 e. Plans for the generation of foreign investment in the

190 state which create jobs paying above-average wages and which

191 result in reverse investment in the state, including programs

192 that establish viable overseas markets, assist in meeting the

193 financing requirements of export-ready firms, broaden

194 opportunities for international joint venture relationships, use

195 the resources of academic and other institutions, coordinate

196 trade assistance and facilitation services, and facilitate

197 availability of and access to education and training programs

198 that assure requisite skills and competencies necessary to

199 compete successfully in the global marketplace.

200 f. The identification of business sectors that are of

201 current or future importance to the state's economy and to the

202 state's global business image, and development of specific

203 strategies to promote the development of such sectors.

204 g. Strategies for talent development necessary in the

205 state to encourage economic development growth, taking into

206 account factors such as the state's talent supply chain,

207 education and training opportunities, and available workforce.

208 h. Strategies and plans to support this state's defense,

209 space, and aerospace industries and the emerging complementary

210 business activities and industries that support the development

211 and growth of defense, space, and aerospace in this state.

212 5. Update the strategic plan every 5 years.

213 6. Involve CareerSource Florida, Inc.; direct-support

214 organizations of the department; local governments; the general

215 public; local and regional economic development organizations;

216 other local, state, and federal economic, international, and

217 workforce development entities; the business community; and

218 educational institutions to assist with the strategic plan.

219 7. Coordinate with the Florida Tourism Industry Marketing

220 Corporation in the development of the 4-year marketing plan

221 pursuant to s. 288.1226(13).

222 8. Administer and manage relationships, as appropriate,

223 with the entities and programs created pursuant to the Florida

224 Capital Formation Act, ss. 288.9621-288.96255.

225 Section 4. Section 24.113, Florida Statutes, is repealed.

226 Section 5. Subsection (1) of section 43.16, Florida

227 Statutes, is amended to read:

228 43.16 Justice Administrative Commission; membership,

229 powers and duties.—

230 (1) There is hereby created a Justice Administrative

231 Commission, with headquarters located in the state capital. The

232 necessary office space for use of the commission shall be

233 furnished by the proper state agency in charge of state

234 buildings. For purposes of the fees imposed on agencies pursuant

235 to s. 287.057(22) ~~s. 287.057(24),~~ the Justice Administrative

236 Commission shall be exempt from such fees.

237 Section 6. Subsection (1) of section 110.105, Florida

238 Statutes, is amended to read:

239 110.105 Employment policy of the state.—

240 (1) It is the purpose of this chapter to establish a

241 system of personnel management. This system shall provide means

242 to recruit, select, train, develop, and maintain an effective

243 and responsible workforce and shall include policies and

244 procedures for employee hiring and advancement, training and

245 career development, position classification, salary

246 administration, benefits, discipline, discharge, employee

247 performance evaluations, ~~affirmative action,~~ and other related

248 activities.

249 Section 7. Section 110.112, Florida Statutes, is amended

250 to read:

251 110.112 ~~Affirmative action;~~ Equal employment opportunity.—

252 (1) It is the policy of this state to provide equal

253 opportunities in employment. Discrimination in employment

254 because of race, gender, creed, color, or national origin is

255 prohibited. Executive agencies may not use racial or gender set-

256 asides, preferences, or quotas when making decisions regarding

257 the hiring, retention, or promotion of a state employee ~~assist~~

258 ~~in providing the assurance of equal employment opportunity~~

259 ~~through programs of affirmative and positive action that will~~

260 ~~allow full utilization of women, minorities, and individuals who~~

261 ~~have a disability.~~

262 ~~(2)(a) The head of each executive agency shall develop and~~

263 ~~implement an affirmative action plan in accordance with rules~~

264 ~~adopted by the department and approved by a majority vote of the~~

265 ~~Administration Commission before their adoption.~~

266 ~~(b) Each executive agency shall establish annual goals for~~

267 ~~ensuring full utilization of groups underrepresented in the~~

268 ~~agency's workforce, including women, minorities, and individuals~~

269 ~~who have a disability, as compared to the relevant labor market,~~

270 ~~as defined by the agency. Each executive agency shall design its~~

271 ~~affirmative action plan to meet its established goals.~~

272 ~~(c) Each executive agency shall annually report to the~~

273 ~~department regarding the agency's progress toward increasing~~

274 ~~employment among women, minorities, and individuals who have a~~

275 ~~disability.~~

276 ~~(d) An affirmative action-equal employment opportunity~~

277 ~~officer shall be appointed by the head of each executive agency.~~

278 ~~The affirmative action-equal employment opportunity officer's~~

279 ~~responsibilities must include determining annual goals,~~

280 ~~monitoring agency compliance, and providing consultation to~~

281 ~~managers regarding progress, deficiencies, and appropriate~~

282 ~~corrective action.~~

283 ~~(e) The department shall report information in its annual~~

284 ~~workforce report relating to the implementation, continuance,~~

285 ~~updating, and results of each executive agency's affirmative~~

286 ~~action plan for the previous fiscal year. The annual workforce~~

287 ~~report must also include data for each executive agency relating~~

288 ~~to employment levels among women, minorities, and individuals~~

289 ~~who have a disability.~~

290 ~~(f) The department shall provide to all supervisory~~

291 ~~personnel of the executive agencies training in the principles~~

292 ~~of equal employment opportunity and affirmative action, the~~

293 ~~development and implementation of affirmative action plans, and~~

294 ~~the establishment of annual affirmative action goals. The~~

295 ~~department may contract for training services, and each~~

296 ~~participating agency shall reimburse the department for costs~~

297 ~~incurred through such contract. After the department approves~~

298 ~~the contents of the training program for the agencies, the~~

299 ~~department may delegate this training to the executive agencies.~~

300 (2)(3)(a) The department, in consultation with the Agency

301 for Persons with Disabilities, the Division of Vocational

302 Rehabilitation and the Division of Blind Services of the

303 Department of Education, the Department of Commerce, and the

304 Executive Office of the Governor, shall develop and implement

305 programs that incorporate internships, mentoring, on-the-job

306 training, unpaid work experience, situational assessments, and

307 other innovative strategies that are specifically geared toward

308 individuals who have a disability.

309 (b) By January 1, 2017, the department shall develop

310 mandatory training programs for human resources personnel and

311 hiring managers of executive agencies which support the

312 employment of individuals who have a disability.

313 (c)1. By January 1, 2017, each executive agency shall

314 develop an agency-specific plan that addresses how to promote

315 employment opportunities for individuals who have a disability.

316 2. The department shall assist executive agencies in the

317 implementation of agency-specific plans. The department shall

318 regularly report to the Governor, the President of the Senate,

319 and the Speaker of the House of Representatives the progress of

320 executive agencies in implementing these plans. Such reports

321 shall be made at least biannually.

322 (d) The department shall compile data regarding the hiring

323 practices of executive agencies with regard to individuals who

324 have a disability and make such data available on its website.

325 (e) The department shall assist executive agencies in

326 identifying and implementing strategies for retaining employees

327 who have a disability which include, but are not limited to,

328 training programs, funding reasonable accommodations, increasing

329 access to appropriate technologies, and ensuring accessibility

330 of physical and virtual workplaces.

331 (f) The department shall adopt rules relating to forms

332 that provide for the voluntary self-identification of

333 individuals who have a disability and are employed by an

334 executive agency.

335 (g) This subsection does not create any substantive or

336 procedural right or benefit enforceable at law or in equity

337 against the state or a state agency, or an officer, employee, or

338 agent thereof.

339 ~~(4) Each state attorney and public defender shall:~~

340 ~~(a) Develop and implement an affirmative action plan.~~

341 ~~(b) Establish annual goals for ensuring full utilization~~

342 ~~of groups underrepresented in its workforce as compared to the~~

343 ~~relevant labor market in this state. The state attorneys' and~~

344 ~~public defenders' affirmative action plans must be designed to~~

345 ~~meet the established goals.~~

346 ~~(c) Appoint an affirmative action-equal employment~~

347 ~~opportunity officer.~~

348 (3)(5) The state and, its agencies and officers shall

349 ensure freedom from discrimination in employment as provided by

350 the Florida Civil Rights Act of 1992, by s. 112.044, and by this

351 chapter.

352 (4)(6) Any individual claiming to be aggrieved by an

353 unlawful employment practice may file a complaint with the

354 Florida Commission on Human Relations or the Attorney General as

355 provided by s. 760.11.

356 (5)(7) The department shall review and monitor executive

357 agency actions in carrying out the rules adopted by the

358 department pursuant to this section.

359 Section 8. Subsections (1) and (4) of section 110.211,

360 Florida Statutes, are amended to read:

361 110.211 Recruitment.—

362 (1) Recruiting shall be planned and carried out in a

363 manner that assures open competition based upon current and

364 projected employing agency needs, taking into consideration the

365 number and types of positions to be filled and the labor market

366 conditions, ~~with special emphasis placed on recruiting efforts~~

367 ~~to attract minorities, women, or other groups that are~~

368 ~~underrepresented in the workforce of the employing agency.~~

369 (4) All recruitment literature involving state position

370 vacancies shall contain the phrase "An Equal Opportunity

371 ~~Employer/Affirmative Action~~ Employer."

372 Section 9. Paragraph (d) of subsection (1) of section

373 110.605, Florida Statutes, is amended to read:

374 110.605 Powers and duties; personnel rules, records,

375 reports, and performance appraisal.—

376 (1) The department shall adopt and administer uniform

377 personnel rules, records, and reports relating to employees and

378 positions in the Selected Exempt Service, as well as any other

379 rules and procedures relating to personnel administration which

380 are necessary to carry out the purposes of this part.

381 ~~(d) The department shall develop a program of affirmative~~

382 ~~and positive actions that will ensure full utilization of women~~

383 ~~and minorities in Selected Exempt Service positions.~~

384 Section 10. Paragraph (b) of subsection (21) of section

385 187.201, Florida Statutes, is amended to read:

386 187.201 State Comprehensive Plan adopted.—The Legislature

387 hereby adopts as the State Comprehensive Plan the following

388 specific goals and policies:

389 (21) THE ECONOMY.—

390 (b) Policies.—

391 1. Attract new job-producing industries, corporate

392 headquarters, distribution and service centers, regional

393 offices, and research and development facilities to provide

394 quality employment for the residents of Florida.

395 2. Promote entrepreneurship and small ~~and minority-owned~~

396 business startups ~~startup~~ by providing technical and information

397 resources, facilitating capital formation, and removing

398 regulatory restraints which are unnecessary for the protection

399 of consumers and society.

400 3. Maintain, as one of the state's primary economic

401 assets, the environment, including clean air and water, beaches,

402 forests, historic landmarks, and agricultural and natural

403 resources.

404 4. Strengthen Florida's position in the world economy

405 through attracting foreign investment and promoting

406 international banking and trade.

407 5. Build on the state's attractiveness to make it a leader

408 in the visual and performing arts and in all phases of film,

409 television, and recording production.

410 6. Promote economic development for Florida residents

411 through partnerships among education, business, industry,

412 agriculture, and the arts.

413 7. Provide increased opportunities for training Florida's

414 workforce to provide skilled employees for new and expanding

415 business.

416 8. Promote economic self-sufficiency through training and

417 educational programs which result in productive employment.

418 9. Promote cooperative employment arrangements between

419 private employers and public sector employment efforts to

420 provide productive, permanent employment opportunities for

421 public assistance recipients through provisions of education

422 opportunities, tax incentives, and employment training.

423 10. Provide for nondiscriminatory employment

424 opportunities.

425 11. Provide quality child day care for public assistance

426 families and others who need it in order to work.

427 12. Encourage the development of a business climate that

428 provides opportunities for the growth and expansion of existing

429 state industries, particularly those industries which are

430 compatible with Florida's environment.

431 13. Promote coordination among Florida's ports to increase

432 their utilization.

433 14. Encourage the full utilization by businesses of the

434 economic development enhancement programs implemented by the

435 Legislature for the purpose of extensively involving private

436 businesses in the development and expansion of permanent job

437 opportunities, especially for the economically disadvantaged,

438 through the utilization of enterprise zones, community

439 development corporations, and other programs designed to enhance

440 economic and employment opportunities.

441 Section 11. Paragraph (g) of subsection (3) of section

442 212.096, Florida Statutes, is amended to read:

443 212.096 Sales, rental, storage, use tax; enterprise zone

444 jobs credit against sales tax.—

445 (3) In order to claim this credit, an eligible business

446 must file under oath with the governing body or enterprise zone

447 development agency having jurisdiction over the enterprise zone

448 where the business is located, as applicable, a statement which

449 includes:

450 (g) Whether the business is a small business as defined in

451 s. 288.703 ~~by s. 288.703(6).~~

452 Section 12. Paragraph (a) of subsection (2) of section

453 215.971, Florida Statutes, is amended to read:

454 215.971 Agreements funded with federal or state

455 assistance.—

456 (2) For each agreement funded with federal or state

457 financial assistance, the state agency shall designate an

458 employee to function as a grant manager who shall be responsible

459 for enforcing performance of the agreement's terms and

460 conditions and who shall serve as a liaison with the recipient

461 or subrecipient.

462 (a)1. Each grant manager who is responsible for agreements

463 in excess of the threshold amount for CATEGORY TWO under s.

464 287.017 must, at a minimum, complete training conducted by the

465 Chief Financial Officer for accountability in contracts and

466 grant management.

467 2. Effective December 1, 2014, each grant manager

468 responsible for agreements in excess of $100,000 annually must

469 complete the training and become a certified contract manager as

470 provided under s. 287.057(13) ~~s. 287.057(15).~~ All grant managers

471 must become certified contract managers within 24 months after

472 establishment of the training and certification requirements by

473 the Department of Management Services and the Department of

474 Financial Services.

475 Section 13. Sections 255.101 and 255.102, Florida

476 Statutes, are repealed.

477 Section 14. Paragraph (c) of subsection (1) of section

478 255.20, Florida Statutes, is amended to read:

479 255.20 Local bids and contracts for public construction

480 works; specification of state-produced lumber.—

481 (1) A county, municipality, special district as defined in

482 chapter 189, or other political subdivision of the state seeking

483 to construct or improve a public building, structure, or other

484 public construction works must competitively award to an

485 appropriately licensed contractor each project that is estimated

486 to cost more than $300,000. For electrical work, the local

487 government must competitively award to an appropriately licensed

488 contractor each project that is estimated to cost more than

489 $75,000. As used in this section, the term "competitively award"

490 means to award contracts based on the submission of sealed bids,

491 proposals submitted in response to a request for proposal,

492 proposals submitted in response to a request for qualifications,

493 or proposals submitted for competitive negotiation. This

494 subsection expressly allows contracts for construction

495 management services, design/build contracts, continuation

496 contracts based on unit prices, and any other contract

497 arrangement with a private sector contractor permitted by any

498 applicable municipal or county ordinance, by district

499 resolution, or by state law. For purposes of this section, cost

500 includes employee compensation and benefits, except inmate

501 labor, the cost of equipment and maintenance, insurance costs,

502 and the cost of direct materials to be used in the construction

503 of the project, including materials purchased by the local

504 government, and other direct costs, plus a factor of 20 percent

505 for management, overhead, and other indirect costs. Subject to

506 the provisions of subsection (3), the county, municipality,

507 special district, or other political subdivision may establish,

508 by municipal or county ordinance or special district resolution,

509 procedures for conducting the bidding process.

510 (c) The provisions of this subsection do not apply:

511 1. If the project is undertaken to replace, reconstruct,

512 or repair an existing public building, structure, or other

513 public construction works damaged or destroyed by a sudden

514 unexpected turn of events such as an act of God, riot, fire,

515 flood, accident, or other urgent circumstances, and such damage

516 or destruction creates:

517 a. An immediate danger to the public health or safety;

518 b. Other loss to public or private property which requires

519 emergency government action; or

520 c. An interruption of an essential governmental service.

521 2. If, after notice by publication in accordance with the

522 applicable ordinance or resolution, the governmental entity does

523 not receive any responsive bids or proposals.

524 3. To construction, remodeling, repair, or improvement to

525 a public electric or gas utility system if such work on the

526 public utility system is performed by personnel of the system.

527 4. To construction, remodeling, repair, or improvement by

528 a utility commission whose major contracts are to construct and

529 operate a public electric utility system.

530 5. If the project is undertaken as repair or maintenance

531 of an existing public facility. For the purposes of this

532 paragraph, the term "repair" means a corrective action to

533 restore an existing public facility to a safe and functional

534 condition and the term "maintenance" means a preventive or

535 corrective action to maintain an existing public facility in an

536 operational state or to preserve the facility from failure or

537 decline. Repair or maintenance includes activities that are

538 necessarily incidental to repairing or maintaining the facility.

539 Repair or maintenance does not include the construction of any

540 new building, structure, or other public construction works or

541 any substantial addition, extension, or upgrade to an existing

542 public facility. Such additions, extensions, or upgrades shall

543 be considered substantial if the estimated cost of the

544 additions, extensions, or upgrades included as part of the

545 repair or maintenance project exceeds the threshold amount in

546 subsection (1) and exceeds 20 percent of the estimated total

547 cost of the repair or maintenance project fully accounting for

548 all costs associated with performing and completing the work,

549 including employee compensation and benefits, equipment cost and

550 maintenance, insurance costs, and the cost of direct materials

551 to be used in the construction of the project, including

552 materials purchased by the local government, and other direct

553 costs, plus a factor of 20 percent for management, overhead, and

554 other indirect costs. An addition, extension, or upgrade may

555 ~~shall~~ not be considered substantial if it is undertaken pursuant

556 to the conditions specified in subparagraph 1. Repair and

557 maintenance projects and any related additions, extensions, or

558 upgrades may not be divided into multiple projects for the

559 purpose of evading the requirements of this subparagraph.

560 6. If the project is undertaken exclusively as part of a

561 public educational program.

562 7. If the funding source of the project will be diminished

563 or lost because the time required to competitively award the

564 project after the funds become available exceeds the time within

565 which the funding source must be spent.

566 8. If the local government competitively awarded a project

567 to a private sector contractor and the contractor abandoned the

568 project before completion or the local government terminated the

569 contract.

570 9. If the governing board of the local government complies

571 with all of the requirements of this subparagraph, conducts a

572 public meeting under s. 286.011 after public notice, and finds

573 by majority vote of the governing board that it is in the

574 public's best interest to perform the project using its own

575 services, employees, and equipment. The public notice must be

576 published at least 21 days before the date of the public meeting

577 at which the governing board takes final action. The notice must

578 identify the project, the components and scope of the work, and

579 the estimated cost of the project fully accounting for all costs

580 associated with performing and completing the work, including

581 employee compensation and benefits, equipment cost and

582 maintenance, insurance costs, and the cost of direct materials

583 to be used in the construction of the project, including

584 materials purchased by the local government, and other direct

585 costs, plus a factor of 20 percent for management, overhead, and

586 other indirect costs. The notice must specify that the purpose

587 for the public meeting is to consider whether it is in the

588 public's best interest to perform the project using the local

589 government's own services, employees, and equipment. Upon

590 publication of the public notice and for 21 days thereafter, the

591 local government shall make available for public inspection,

592 during normal business hours and at a location specified in the

593 public notice, a detailed itemization of each component of the

594 estimated cost of the project and documentation explaining the

595 methodology used to arrive at the estimated cost. At the public

596 meeting, any qualified contractor or vendor who could have been

597 awarded the project had the project been competitively bid shall

598 be provided with a reasonable opportunity to present evidence to

599 the governing board regarding the project and the accuracy of

600 the local government's estimated cost of the project. In

601 deciding whether it is in the public's best interest for the

602 local government to perform a project using its own services,

603 employees, and equipment, the governing board must consider the

604 estimated cost of the project fully accounting for all costs

605 associated with performing and completing the work, including

606 employee compensation and benefits, equipment cost and

607 maintenance, insurance costs, and the cost of direct materials

608 to be used in the construction of the project, including

609 materials purchased by the local government, and other direct

610 costs, plus a factor of 20 percent for management, overhead, and

611 other indirect costs, and the accuracy of the estimated cost in

612 light of any other information that may be presented at the

613 public meeting and whether the project requires an increase in

614 the number of government employees or an increase in capital

615 expenditures for public facilities, equipment, or other capital

616 assets. The local government may further consider the impact on

617 local economic development, the impact on small ~~and minority~~

618 business owners, the impact on state and local tax revenues,

619 whether the private sector contractors provide health insurance

620 and other benefits equivalent to those provided by the local

621 government, and any other factor relevant to what is in the

622 public's best interest. A report summarizing completed projects

623 constructed by the local government pursuant to this subsection

624 shall be publicly reviewed each year by the governing body of

625 the local government. The report shall detail the estimated

626 costs and the actual costs of the projects constructed by the

627 local government pursuant to this subsection. The report shall

628 be made available for review by the public. The Auditor General

629 shall review the report as part of his or her audits of local

630 governments.

631 10. If the governing board of the local government

632 determines upon consideration of specific substantive criteria

633 that it is in the best interest of the local government to award

634 the project to an appropriately licensed private sector

635 contractor pursuant to administrative procedures established by

636 and expressly set forth in a charter, ordinance, or resolution

637 of the local government adopted before July 1, 1994. The

638 criteria and procedures must be set out in the charter,

639 ordinance, or resolution and must be applied uniformly by the

640 local government to avoid awarding a project in an arbitrary or

641 capricious manner. This exception applies only if all of the

642 following occur:

643 a. The governing board of the local government, after

644 public notice, conducts a public meeting under s. 286.011 and

645 finds by a two-thirds vote of the governing board that it is in

646 the public's best interest to award the project according to the

647 criteria and procedures established by charter, ordinance, or

648 resolution. The public notice must be published at least 14 days

649 before the date of the public meeting at which the governing

650 board takes final action. The notice must identify the project,

651 the estimated cost of the project, and specify that the purpose

652 for the public meeting is to consider whether it is in the

653 public's best interest to award the project using the criteria

654 and procedures permitted by the preexisting charter, ordinance,

655 or resolution.

656 b. The project is to be awarded by any method other than a

657 competitive selection process, and the governing board finds

658 evidence that:

659 (I) There is one appropriately licensed contractor who is

660 uniquely qualified to undertake the project because that

661 contractor is currently under contract to perform work that is

662 affiliated with the project; or

663 (II) The time to competitively award the project will

664 jeopardize the funding for the project, materially increase the

665 cost of the project, or create an undue hardship on the public

666 health, safety, or welfare.

667 c. The project is to be awarded by any method other than a

668 competitive selection process, and the published notice clearly

669 specifies the ordinance or resolution by which the private

670 sector contractor will be selected and the criteria to be

671 considered.

672 d. The project is to be awarded by a method other than a

673 competitive selection process, and the architect or engineer of

674 record has provided a written recommendation that the project be

675 awarded to the private sector contractor without competitive

676 selection, and the consideration by, and the justification of,

677 the government body are documented, in writing, in the project

678 file and are presented to the governing board prior to the

679 approval required in this paragraph.

680 11. To projects subject to chapter 336.

681 Section 15. Subsection (5) of section 282.201, Florida

682 Statutes, is amended to read:

683 282.201 State data center.—The state data center is

684 established within the department. The provision of data center

685 services must comply with applicable state and federal laws,

686 regulations, and policies, including all applicable security,

687 privacy, and auditing requirements. The department shall appoint

688 a director of the state data center who has experience in

689 leading data center facilities and has expertise in cloud-

690 computing management.

691 (5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for

692 the department to carry out its duties and responsibilities

693 relating to the state data center, the secretary of the

694 department shall contract by July 1, 2022, with the Northwest

695 Regional Data Center pursuant to s. 287.057(10) ~~s. 287.057(11).~~

696 The contract shall provide that the Northwest Regional Data

697 Center will manage the operations of the state data center and

698 provide data center services to state agencies.

699 (a) The department shall provide contract oversight,

700 including, but not limited to, reviewing invoices provided by

701 the Northwest Regional Data Center for services provided to

702 state agency customers.

703 (b) The department shall approve or request updates to

704 invoices within 10 business days after receipt. If the

705 department does not respond to the Northwest Regional Data

706 Center, the invoice will be approved by default. The Northwest

707 Regional Data Center must submit approved invoices directly to

708 state agency customers.

709 Section 16. Paragraph (a) of subsection (3) of section

710 282.709, Florida Statutes, is amended to read:

711 282.709 State agency law enforcement radio system and

712 interoperability network.—

713 (3) In recognition of the critical nature of the statewide

714 law enforcement radio communications system, the Legislature

715 finds that there is an immediate danger to the public health,

716 safety, and welfare, and that it is in the best interest of the

717 state to continue partnering with the system's current operator.

718 The Legislature finds that continuity of coverage is critical to

719 supporting law enforcement, first responders, and other public

720 safety users. The potential for a loss in coverage or a lack of

721 interoperability between users requires emergency action and is

722 a serious concern for officers' safety and their ability to

723 communicate and respond to various disasters and events.

724 (a) The department, pursuant to s. 287.057(10) s.

725 ~~287.057(11),~~ shall enter into a 15-year contract with the entity

726 that was operating the statewide radio communications system on

727 January 1, 2021. The contract must include:

728 1. The purchase of radios;

729 2. The upgrade to the Project 25 communications standard;

730 3. Increased system capacity and enhanced coverage for

731 system users;

732 4. Operations, maintenance, and support at a fixed annual

733 rate;

734 5. The conveyance of communications towers to the

735 department; and

736 6. The assignment of communications tower leases to the

737 department.

738 Section 17. Paragraph (b) of subsection (3) of section

739 286.101, Florida Statutes, is amended to read:

740 286.101 Foreign gifts and contracts.—

741 (3)

742 (b) Disclosure under this subsection is not required with

743 respect to:

744 1. A proposal to sell commodities through the online

745 procurement program established pursuant to s. 287.057(20) s.

746 ~~287.057(22);~~

747 2. A proposal to sell commodities to a university pursuant

748 to Board of Governors Regulation 18.001;

749 3. An application or proposal from an entity that

750 discloses foreign gifts or grants under subsection (2) or s.

751 1010.25;

752 4. An application or proposal from a foreign source that,

753 if granted or accepted, would be disclosed under subsection (2)

754 or s. 1010.25; or

755 5. An application or proposal from a public or not-for-

756 profit research institution with respect to research funded by

757 any federal agency.

758 Section 18. Subsections (19) through (29) of section

759 287.012, Florida Statutes, are renumbered as subsections (18)

760 through (28), respectively, and subsection (18) and present

761 subsection (19) of that section are amended, to read:

762 287.012 Definitions.—As used in this part, the term:

763 ~~(18) "Minority business enterprise" has the same meaning~~

764 ~~as provided in s. 288.703.~~

765 ~~(18)(19)~~ "Office" means the Office of Supplier Development

766 ~~Diversity~~ of the Department of Management Services.

767 Section 19. Paragraphs (a) and (c) of subsection (2) and

768 paragraphs (b) and (c) of subsection (3) of section 287.042,

769 Florida Statutes, are amended to read:

770 287.042 Powers, duties, and functions.—The department

771 shall have the following powers, duties, and functions:

772 (2)(a) To establish purchasing agreements and procure

773 state term contracts for commodities and contractual services,

774 pursuant to s. 287.057, under which state agencies shall, and

775 eligible users may, make purchases pursuant to s. 287.056. The

776 department may restrict purchases from some term contracts to

777 state agencies only for those term contracts where the inclusion

778 of other governmental entities will have an adverse effect on

779 competition or to those federal facilities located in this

780 state. ~~In such planning or purchasing the Office of Supplier~~

781 ~~Diversity may monitor to ensure that opportunities are afforded~~

782 ~~for contracting with minority business enterprises. The~~

783 ~~department, for state term contracts, and all agencies, for~~

784 ~~multiyear contractual services or term contracts, shall explore~~

785 ~~reasonable and economical means to utilize certified minority~~

786 ~~business enterprises.~~ Purchases by any county, municipality,

787 private nonprofit community transportation coordinator

788 designated pursuant to chapter 427, while conducting business

789 related solely to the Commission for the Transportation

790 Disadvantaged, or other local public agency under the provisions

791 in the state purchasing contracts, and purchases, from the

792 corporation operating the correctional work programs, of

793 products or services that are subject to paragraph (1)(f), are

794 exempt from the competitive solicitation requirements otherwise

795 applying to their purchases.

796 (c) Any person who files an action protesting a decision

797 or intended decision pertaining to contracts administered by the

798 department, a water management district, or an agency pursuant

799 to s. 120.57(3)(b) shall post with the department, the water

800 management district, or the agency at the time of filing the

801 formal written protest a bond payable to the department, the

802 water management district, or agency in an amount equal to 1

803 percent of the estimated contract amount. For protests of

804 decisions or intended decisions pertaining to exceptional

805 purchases, the bond shall be in an amount equal to 1 percent of

806 the estimated contract amount for the exceptional purchase. The

807 estimated contract amount shall be based upon the contract price

808 submitted by the protestor or, if no contract price was

809 submitted, the department, water management district, or agency

810 shall estimate the contract amount based on factors including,

811 but not limited to, the price of previous or existing contracts

812 for similar commodities or contractual services, the amount

813 appropriated by the Legislature for the contract, or the fair

814 market value of similar commodities or contractual services. The

815 agency shall provide the estimated contract amount to the vendor

816 within 72 hours, excluding Saturdays, Sundays, and state

817 holidays, after the filing of the notice of protest by the

818 vendor. The estimated contract amount is not subject to protest

819 pursuant to s. 120.57(3). The bond shall be conditioned upon the

820 payment of all costs and charges that are adjudged against the

821 protestor in the administrative hearing in which the action is

822 brought and in any subsequent appellate court proceeding. In

823 lieu of a bond, the department, the water management district,

824 or agency may, in either case, accept a cashier's check,

825 official bank check, or money order in the amount of the bond.

826 If, after completion of the administrative hearing process and

827 any appellate court proceedings, the department, water

828 management district, or agency prevails, it shall recover all

829 costs and charges which shall be included in the final order or

830 judgment, excluding attorney's fees. ~~This section shall not~~

831 ~~apply to protests filed by the Office of Supplier Diversity.~~

832 Upon payment of such costs and charges by the protestor, the

833 bond, cashier's check, official bank check, or money order shall

834 be returned to the protestor. If, after the completion of the

835 administrative hearing process and any appellate court

836 proceedings, the protestor prevails, the protestor shall recover

837 from the department, water management district, or agency all

838 costs and charges which shall be included in the final order or

839 judgment, excluding attorney's fees.

840 (3) To establish a system of coordinated, uniform

841 procurement policies, procedures, and practices to be used by

842 agencies in acquiring commodities and contractual services,

843 which shall include, but not be limited to:

844 (b)1. Development of procedures for advertising

845 solicitations. These procedures must provide for electronic

846 posting of solicitations for at least 10 days before the date

847 set for receipt of bids, proposals, or replies, unless the

848 department or other agency determines in writing that a shorter

849 period of time is necessary to avoid harming the interests of

850 the state. ~~The Office of Supplier Diversity may consult with the~~

851 ~~department regarding the development of solicitation~~

852 ~~distribution procedures to ensure that maximum distribution is~~

853 ~~afforded to certified minority business enterprises as defined~~

854 ~~in s. 288.703.~~

855 2. Development of procedures for electronic posting. The

856 department shall designate a centralized website on the Internet

857 for the department and other agencies to electronically post

858 solicitations, decisions or intended decisions, and other

859 matters relating to procurement.

860 (c) Development of procedures for the receipt and opening

861 of bids, proposals, or replies by an agency. ~~Such procedures~~

862 ~~shall provide the Office of Supplier Diversity an opportunity to~~

863 ~~monitor and ensure that the contract award is consistent with~~

864 ~~the requirements of s. 287.09451.~~ Section 20. Paragraph (d) of subsection (3) and paragraph

866 (b) of subsection (4) of section 287.055, Florida Statutes, are

867 amended to read:

868 287.055 Acquisition of professional architectural,

869 engineering, landscape architectural, or surveying and mapping

870 services; definitions; procedures; contingent fees prohibited;

871 penalties.—

872 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—

873 (d) Each agency shall evaluate professional services,

874 including capabilities, adequacy of personnel, past record,

875 experience, ~~whether the firm is a certified minority business~~

876 ~~enterprise as defined by the Florida Small and Minority Business~~

877 ~~Assistance Act,~~ and other factors determined by the agency to be

878 applicable to its particular requirements. ~~When securing~~

879 ~~professional services, an agency must endeavor to meet the~~

880 ~~minority business enterprise procurement goals under s.~~

881 ~~287.09451.~~

882 (4) COMPETITIVE SELECTION.—

883 (b) The agency shall select in order of preference no

884 fewer than three firms deemed to be the most highly qualified to

885 perform the required services. In determining whether a firm is

886 qualified, the agency shall consider such factors as the ability

887 of professional personnel; ~~whether a firm is a certified~~

888 ~~minority business enterprise;~~ past performance; willingness to

889 meet time and budget requirements; location; recent, current,

890 and projected workloads of the firms; and the volume of work

891 previously awarded to each firm by the agency, with the object

892 of effecting an equitable distribution of contracts among

893 qualified firms, provided such distribution does not violate the

894 principle of selection of the most highly qualified firms. The

895 agency may request, accept, and consider proposals for the

896 compensation to be paid under the contract only during

897 competitive negotiations under subsection (5).

898 Section 21. Subsections (9), (10), (11), and (13) through

899 (28) of section 287.057, Florida Statutes, are renumbered as

900 subsections (8), (9), (10), and (11) through (26), respectively,

901 and subsections (7) and (8), present subsections (12) and (14),

902 paragraph (d) of present subsection (15), and present subsection

903 (18) of that section are amended, to read:

904 287.057 Procurement of commodities or contractual

905 services.—

906 (7) Upon issuance of any solicitation, an agency shall,

907 upon request by the department, forward to the department one

908 copy of each solicitation for all commodity and contractual

909 services purchases in excess of the threshold amount provided in

910 s. 287.017 for CATEGORY TWO. An agency shall also, upon request,

911 furnish a copy of all competitive-solicitation tabulations. ~~The~~

912 ~~Office of Supplier Diversity may also request from the agencies~~

913 ~~any information submitted to the department pursuant to this~~

914 ~~subsection.~~

915 ~~(8)(a) In order to strive to meet the minority business~~

916 ~~enterprise procurement goals set forth in s. 287.09451, an~~

917 ~~agency may reserve any contract for competitive solicitation~~

918 ~~only among certified minority business enterprises. Agencies~~

919 ~~shall review all their contracts each fiscal year and shall~~

920 ~~determine which contracts may be reserved for solicitation only~~

921 ~~among certified minority business enterprises. This reservation~~

922 ~~may only be used when it is determined, by reasonable and~~

923 ~~objective means, before the solicitation that there are capable,~~

924 ~~qualified certified minority business enterprises available to~~

925 ~~submit a bid, proposal, or reply on a contract to provide for~~

926 ~~effective competition. The Office of Supplier Diversity shall~~

927 ~~consult with any agency in reaching such determination when~~

928 ~~deemed appropriate.~~

929 ~~(b) Before a contract may be reserved for solicitation~~

930 ~~only among certified minority business enterprises, the agency~~

931 ~~head must find that such a reservation is in the best interests~~

932 ~~of the state. All determinations shall be subject to s.~~

933 ~~287.09451(5). Once a decision has been made to reserve a~~

934 ~~contract, but before sealed bids, proposals, or replies are~~

935 ~~requested, the agency shall estimate what it expects the amount~~

936 ~~of the contract to be, based on the nature of the services or~~

937 ~~commodities involved and their value under prevailing market~~

938 ~~conditions. If all the sealed bids, proposals, or replies~~

939 ~~received are over this estimate, the agency may reject the bids,~~

940 ~~proposals, or replies and request new ones from certified~~

941 ~~minority business enterprises, or the agency may reject the~~

942 ~~bids, proposals, or replies and reopen the bidding to all~~

943 ~~eligible vendors.~~

944 ~~(c) All agencies shall consider the use of price~~

945 ~~preferences of up to 10 percent, weighted preference formulas,~~

946 ~~or other preferences for vendors as determined appropriate~~

947 ~~pursuant to guidelines established in accordance with s.~~

948 ~~287.09451(4) to increase the participation of minority business~~

949 ~~enterprises.~~

950 ~~(d) All agencies shall avoid any undue concentration of~~

951 ~~contracts or purchases in categories of commodities or~~

952 ~~contractual services in order to meet the minority business~~

953 ~~enterprise purchasing goals in s. 287.09451.~~

954 ~~(12) If two equal responses to a solicitation or a request~~

955 ~~for quote are received and one response is from a certified~~

956 ~~minority business enterprise, the agency shall enter into a~~

957 ~~contract with the certified minority business enterprise.~~

958 ~~(13)(14)~~ Contracts for commodities or contractual services

959 may be renewed for a period that may not exceed 3 years or the

960 term of the original contract, whichever is longer. Renewal of a

961 contract for commodities or contractual services must be in

962 writing and is subject to the same terms and conditions set

963 forth in the initial contract and any written amendments signed

964 by the parties. If the commodity or contractual service is

965 purchased as a result of the solicitation of bids, proposals, or

966 replies, the price of the commodity or contractual service to be

967 renewed must be specified in the bid, proposal, or reply, except

968 that an agency may negotiate lower pricing. A renewal contract

969 may not include any compensation for costs associated with the

970 renewal. Renewals are contingent upon satisfactory performance

971 evaluations by the agency and subject to the availability of

972 funds. Exceptional purchase contracts pursuant to paragraphs

973 (3)(a) and (c) may not be renewed. With the exception of

974 subsection (10) ~~(11),~~ if a contract amendment results in a

975 longer contract term or increased payments, a state agency may

976 not renew or amend a contract for the outsourcing of a service

977 or activity that has an original term value exceeding $5 million

978 before submitting a written report concerning contract

979 performance to the Governor, the President of the Senate, and

980 the Speaker of the House of Representatives at least 90 days

981 before execution of the renewal or amendment.

982 ~~(12)(15)~~

983 (d) Each contract manager who is responsible for contracts

984 in excess of $10 million annually must, in addition to the

985 training required in paragraph (b) and the training and

986 certification required in paragraph (c), possess at least 3 5

987 years of experience managing contracts of at least ~~in excess of~~

988 $5 million in total annually.

989 ~~(15)(18)~~ Any person who supervises contract administrators

990 or contract or grant managers that meet criteria for

991 certification in subsection (13) ~~(15)~~ shall annually complete

992 public procurement training for supervisors within 12 months

993 after appointment to the supervisory position. The department is

994 responsible for establishing and disseminating the training

995 course content required for supervisors.

996 Section 22. Paragraph (a) of subsection (3) of section

997 287.0571, Florida Statutes, is amended to read:

998 287.0571 Business case to outsource; applicability.—

999 (3) This section does not apply to:

1000 (a) A procurement of commodities and contractual services

1001 listed in s. 287.057(3)(d) and (e) and (21) ~~(23).~~

1002 Section 23. Paragraph (c) of subsection (10) of section

1003 287.059, Florida Statutes, is amended to read:

1004 287.059 Private attorney services.—

1005 (10) Agencies are encouraged to use the following criteria

1006 when selecting outside firms for attorney services:

1007 ~~(c) The firm's minority status.~~

1008 Section 24. Sections 287.093, 287.0931, 287.094, 287.0943,

1009 and 287.09431, Florida Statutes, are repealed.

1010 Section 25. Section 287.09451, Florida Statutes, is

1011 amended to read:

1012 287.09451 Office of Supplier Development ~~Diversity;~~

1013 powers, duties, and functions.—

1014 ~~(1) The Legislature finds that there is evidence of a~~

1015 ~~systematic pattern of past and continuing racial discrimination~~

1016 ~~against minority business enterprises and a disparity in the~~

1017 ~~availability and use of minority business enterprises in the~~

1018 ~~state procurement system. It is determined to be a compelling~~

1019 ~~state interest to rectify such discrimination and disparity.~~

1020 ~~Based upon statistical data profiling this discrimination, the~~

1021 ~~Legislature has enacted race-conscious and gender-conscious~~

1022 ~~remedial programs to ensure minority participation in the~~

1023 ~~economic life of the state, in state contracts for the purchase~~

1024 ~~of commodities and services, and in construction contracts. The~~

1025 ~~purpose and intent of this section is to increase participation~~

1026 ~~by minority business enterprises accomplished by encouraging the~~

1027 ~~use of minority business enterprises and the entry of new and~~

1028 ~~diversified minority business enterprises into the marketplace.~~

1029 (1)(2) The Office of Supplier Development ~~Diversity~~ is

1030 established within the Department of Management Services to

1031 assist Florida-based small ~~minority~~ business enterprises in

1032 becoming suppliers ~~of commodities, services, and construction~~ to

1033 state government.

1034 (2)(3) The secretary shall appoint an executive director

1035 for the Office of Supplier Development ~~Diversity,~~ who shall

1036 serve at the pleasure of the secretary.

1037 (3)(4) The Office of Supplier Development ~~Diversity~~ shall

1038 have the following powers, duties, and functions:

1039 (a) To receive and disseminate information:

1040 1. For the continued growth and success of Florida's small

1041 businesses, which may include the planning, hosting, and support

1042 of events for Florida-based enterprises.

1043 2. Related to procurement opportunities for Florida-based

1044 small business enterprises.

1045 (b) To create electronic certification and recertification

1046 processes for veteran-owned small business enterprises. The

1047 certifications must be valid for 2 years and must be recertified

1048 every 2 years thereafter. The benefits of certification must be

1049 clearly posted on the department's website. To be eligible for

1050 certification and recertification as a veteran-owned business

1051 enterprise, a business must meet the requirements of s. 295.187.

1052 (c) To advise and provide education or other resources to

1053 agencies on methods and techniques for achieving procurement

1054 objectives that increase the use of Florida-based enterprises in

1055 state and local government procurement contracts.

1056 (d) To adopt rules, establish processes, and prescribe and

1057 publish forms as necessary to carry out the duties provided in

1058 this section.

1059 ~~(a) To adopt rules to determine what constitutes a "good~~

1060 ~~faith effort" for purposes of state agency compliance with the~~

1061 ~~minority business enterprise procurement goals set forth in s.~~

1062 ~~287.042. Factors which shall be considered by the Minority~~

1063 ~~Business Enterprise Assistance Office in determining good faith~~

1064 ~~effort shall include, but not be limited to:~~

1065 ~~1. Whether the agency scheduled presolicitation or prebid~~

1066 ~~meetings for the purpose of informing minority business~~

1067 ~~enterprises of contracting and subcontracting opportunities.~~

1068 ~~2. Whether the contractor advertised in general~~

1069 ~~circulation, trade association, or minority-focus media~~

1070 ~~concerning the subcontracting opportunities.~~

1071 ~~3. Whether the agency effectively used services and~~

1072 ~~resources of available minority community organizations;~~

1073 ~~minority contractors' groups; local, state, and federal minority~~

1074 ~~business assistance offices; and other organizations that~~

1075 ~~provide assistance in the recruitment and placement of minority~~

1076 ~~business enterprises or minority persons.~~

1077 ~~4. Whether the agency provided written notice to a~~

1078 ~~reasonable number of minority business enterprises that their~~

1079 ~~interest in contracting with the agency was being solicited in~~

1080 ~~sufficient time to allow the minority business enterprises to~~

1081 ~~participate effectively.~~

1082 ~~(b) To adopt rules to determine what constitutes a "good~~

1083 ~~faith effort" for purposes of contractor compliance with~~

1084 ~~contractual requirements relating to the use of services or~~

1085 ~~commodities of a minority business enterprise under s.~~

1086 ~~287.094(2). Factors which shall be considered by the Office of~~

1087 ~~Supplier Diversity in determining whether a contractor has made~~

1088 ~~good faith efforts shall include, but not be limited to:~~

1089 ~~1. Whether the contractor attended any presolicitation or~~

1090 ~~prebid meetings that were scheduled by the agency to inform~~

1091 ~~minority business enterprises of contracting and subcontracting~~

1092 ~~opportunities.~~

1093 ~~2. Whether the contractor advertised in general~~

1094 ~~circulation, trade association, or minority-focus media~~

1095 ~~concerning the subcontracting opportunities.~~

1096 ~~3. Whether the contractor provided written notice to a~~

1097 ~~reasonable number of specific minority business enterprises that~~

1098 ~~their interest in the contract was being solicited in sufficient~~

1099 ~~time to allow the minority business enterprises to participate~~

1100 ~~effectively.~~

1101 ~~4. Whether the contractor followed up initial~~

1102 ~~solicitations of interest by contacting minority business~~

1103 ~~enterprises or minority persons to determine with certainty~~

1104 ~~whether the minority business enterprises or minority persons~~

1105 ~~were interested.~~

1106 ~~5. Whether the contractor selected portions of the work to~~

1107 ~~be performed by minority business enterprises in order to~~

1108 ~~increase the likelihood of meeting the minority business~~

1109 ~~enterprise procurement goals, including, where appropriate,~~

1110 ~~breaking down contracts into economically feasible units to~~

1111 ~~facilitate minority business enterprise participation.~~

1112 ~~6. Whether the contractor provided interested minority~~

1113 ~~business enterprises or minority persons with adequate~~

1114 ~~information about the plans, specifications, and requirements of~~

1115 ~~the contract or the availability of jobs.~~

1116 ~~7. Whether the contractor negotiated in good faith with~~

1117 ~~interested minority business enterprises or minority persons,~~

1118 ~~not rejecting minority business enterprises or minority persons~~

1119 ~~as unqualified without sound reasons based on a thorough~~

1120 ~~investigation of their capabilities.~~

1121 ~~8. Whether the contractor effectively used the services of~~

1122 ~~available minority community organizations; minority~~

1123 ~~contractors' groups; local, state, and federal minority business~~

1124 ~~assistance offices; and other organizations that provide~~

1125 ~~assistance in the recruitment and placement of minority business~~

1126 ~~enterprises or minority persons.~~

1127 ~~(c) To adopt rules and do all things necessary or~~

1128 ~~convenient to guide all state agencies toward making~~

1129 ~~expenditures for commodities, contractual services,~~

1130 ~~construction, and architectural and engineering services with~~

1131 ~~certified minority business enterprises in accordance with the~~

1132 ~~minority business enterprise procurement goals set forth in s.~~

1133 ~~287.042.~~

1134 ~~(d) To monitor the degree to which agencies procure~~

1135 ~~services, commodities, and construction from minority business~~

1136 ~~enterprises in conjunction with the Department of Financial~~

1137 ~~Services as specified in s. 17.11.~~

1138 ~~(e) To receive and disseminate information relative to~~

1139 ~~procurement opportunities, availability of minority business~~

1140 ~~enterprises, and technical assistance.~~

1141 ~~(f) To advise agencies on methods and techniques for~~

1142 ~~achieving procurement objectives.~~

1143 ~~(g) To provide a central minority business enterprise~~

1144 ~~certification process which includes independent verification of~~

1145 ~~status as a minority business enterprise.~~

1146 ~~(h) To develop procedures to investigate complaints~~

1147 ~~against minority business enterprises or contractors alleged to~~

1148 ~~violate any provision related to this section or s. 287.0943,~~

1149 ~~that may include visits to worksites or business premises, and~~

1150 ~~to refer all information on businesses suspected of~~

1151 ~~misrepresenting minority status to the Department of Management~~

1152 ~~Services for investigation. When an investigation is completed~~

1153 ~~and there is reason to believe that a violation has occurred,~~

1154 ~~the matter shall be referred to the office of the Attorney~~

1155 ~~General, Department of Legal Affairs, for prosecution.~~

1156 ~~(i) To maintain a directory of all minority business~~

1157 ~~enterprises which have been certified and provide this~~

1158 ~~information to any agency or business requesting it.~~

1159 ~~(j) To encourage all firms which do more than $1 million~~

1160 ~~in business with the state within a 12-month period to develop,~~

1161 ~~implement, and submit to this office a minority business~~

1162 ~~development plan.~~

1163 ~~(k) To communicate on a monthly basis with the Small and~~

1164 ~~Minority Business Advisory Council to keep the council informed~~

1165 ~~on issues relating to minority enterprise procurement.~~

1166 ~~(l) To serve as an advocate for minority business~~

1167 ~~enterprises, and coordinate with the small and minority business~~

1168 ~~ombudsman, as defined in s. 288.703, which duties shall include:~~

1169 ~~1. Ensuring that agencies supported by state funding~~

1170 ~~effectively target the delivery of services and resources, as~~

1171 ~~related to minority business enterprises.~~

1172 ~~2. Establishing standards within each industry with which~~

1173 ~~the state government contracts on how agencies and contractors~~

1174 ~~may provide the maximum practicable opportunity for minority~~

1175 ~~business enterprises.~~

1176 ~~3. Assisting agencies and contractors by providing~~

1177 ~~outreach to minority businesses, by specifying and monitoring~~

1178 ~~technical and managerial competence for minority business~~

1179 ~~enterprises, and by consulting in planning of agency procurement~~

1180 ~~to determine how best to provide opportunities for minority~~

1181 ~~business enterprises.~~

1182 ~~4. Integrating technical and managerial assistance for~~

1183 ~~minority business enterprises with government contracting~~

1184 ~~opportunities.~~

1185 ~~(m) To certify minority business enterprises, as defined~~

1186 ~~in s. 288.703, and as specified in ss. 287.0943 and 287.09431,~~

1187 ~~and shall recertify such minority businesses at least once every~~

1188 ~~2 years. Minority business enterprises must be recertified at~~

1189 ~~least once every 2 years. Such certifications may include an~~

1190 ~~electronic signature.~~

1191 ~~(n)1. To develop procedures to be used by an agency in~~

1192 ~~identifying commodities, contractual services, architectural and~~

1193 ~~engineering services, and construction contracts, except those~~

1194 ~~architectural, engineering, construction, or other related~~

1195 ~~services or contracts subject to the provisions of chapter 339,~~

1196 ~~that could be provided by minority business enterprises. Each~~

1197 ~~agency is encouraged to spend 21 percent of the moneys actually~~

1198 ~~expended for construction contracts, 25 percent of the moneys~~

1199 ~~actually expended for architectural and engineering contracts,~~

1200 ~~24 percent of the moneys actually expended for commodities, and~~

1201 ~~50.5 percent of the moneys actually expended for contractual~~

1202 ~~services during the previous fiscal year, except for the state~~

1203 ~~university construction program which shall be based upon public~~

1204 ~~education capital outlay projections for the subsequent fiscal~~

1205 ~~year, and reported to the Legislature pursuant to s. 216.023,~~

1206 ~~for the purpose of entering into contracts with certified~~

1207 ~~minority business enterprises as defined in s. 288.703, or~~

1208 ~~approved joint ventures. However, in the event of budget~~

1209 ~~reductions pursuant to s. 216.221, the base amounts may be~~

1210 ~~adjusted to reflect such reductions. The overall spending goal~~

1211 ~~for each industry category shall be subdivided as follows:~~

1212 ~~a. For construction contracts: 4 percent for black~~

1213 ~~Americans, 6 percent for Hispanic-Americans, and 11 percent for~~

1214 ~~American women.~~

1215 ~~b. For architectural and engineering contracts: 9 percent~~

1216 ~~for Hispanic-Americans, 1 percent for Asian-Americans, and 15~~

1217 ~~percent for American women.~~

1218 ~~c. For commodities: 2 percent for black Americans, 4~~

1219 ~~percent for Hispanic-Americans, 0.5 percent for Asian-Americans,~~

1220 ~~0.5 percent for Native Americans, and 17 percent for American~~

1221 ~~women.~~

1222 ~~d. For contractual services: 6 percent for black~~

1223 ~~Americans, 7 percent for Hispanic-Americans, 1 percent for~~

1224 ~~Asian-Americans, 0.5 percent for Native Americans, and 36~~

1225 ~~percent for American women.~~

1226 ~~2. For the purposes of commodities contracts for the~~

1227 ~~purchase of equipment to be used in the construction and~~

1228 ~~maintenance of state transportation facilities involving the~~

1229 ~~Department of Transportation, the terms "minority business~~

1230 ~~enterprise" and "minority person" have the same meanings as~~

1231 ~~provided in s. 288.703. In order to ensure that the goals~~

1232 ~~established under this paragraph for contracting with certified~~

1233 ~~minority business enterprises are met, the department, with the~~

1234 ~~assistance of the Office of Supplier Diversity, shall make~~

1235 ~~recommendations to the Legislature on revisions to the goals,~~

1236 ~~based on an updated statistical analysis, at least once every 5~~

1237 ~~years. Such recommendations shall be based on statistical data~~

1238 ~~indicating the availability of and disparity in the use of~~

1239 ~~minority businesses contracting with the state.~~

1240 ~~3. In determining the base amounts for assessing~~

1241 ~~compliance with this paragraph, the Office of Supplier Diversity~~

1242 ~~may develop, by rule, guidelines for all agencies to use in~~

1243 ~~establishing such base amounts. These rules must include, but~~

1244 ~~are not limited to, guidelines for calculation of base amounts,~~

1245 ~~a deadline for the agencies to submit base amounts, a deadline~~

1246 ~~for approval of the base amounts by the Office of Supplier~~

1247 ~~Diversity, and procedures for adjusting the base amounts as a~~

1248 ~~result of budget reductions made pursuant to s. 216.221.~~

1249 ~~4. To determine guidelines for the use of price~~

1250 ~~preferences, weighted preference formulas, or other preferences,~~

1251 ~~as appropriate to the particular industry or trade, to increase~~

1252 ~~the participation of minority businesses in state contracting.~~

1253 ~~These guidelines shall include consideration of:~~

1254 ~~a. Size and complexity of the project.~~

1255 ~~b. The concentration of transactions with minority~~

1256 ~~business enterprises for the commodity or contractual services~~

1257 ~~in question in prior agency contracting.~~

1258 ~~c. The specificity and definition of work allocated to~~

1259 ~~participating minority business enterprises.~~

1260 ~~d. The capacity of participating minority business~~

1261 ~~enterprises to complete the tasks identified in the project.~~

1262 ~~e. The available pool of minority business enterprises as~~

1263 ~~prime contractors, either alone or as partners in an approved~~

1264 ~~joint venture that serves as the prime contractor.~~

1265 ~~5. To determine guidelines for use of joint ventures to~~

1266 ~~meet minority business enterprises spending goals. For purposes~~

1267 ~~of this section, "joint venture" means any association of two or~~

1268 ~~more business concerns to carry out a single business enterprise~~

1269 ~~for profit, for which purpose they combine their property,~~

1270 ~~capital, efforts, skills, and knowledge. The guidelines shall~~

1271 ~~allow transactions with joint ventures to be eligible for credit~~

1272 ~~against the minority business enterprise goals of an agency when~~

1273 ~~the contracting joint venture demonstrates that at least one~~

1274 ~~partner to the joint venture is a certified minority business~~

1275 ~~enterprise as defined in s. 288.703, and that such partner is~~

1276 ~~responsible for a clearly defined portion of the work to be~~

1277 ~~performed, and shares in the ownership, control, management,~~

1278 ~~responsibilities, risks, and profits of the joint venture. Such~~

1279 ~~demonstration shall be by verifiable documents and sworn~~

1280 ~~statements and may be reviewed by the Office of Supplier~~

1281 ~~Diversity at or before the time a contract bid, proposal, or~~

1282 ~~reply is submitted. An agency may count toward its minority~~

1283 ~~business enterprise goals a portion of the total dollar amount~~

1284 ~~of a contract equal to the percentage of the ownership and~~

1285 ~~control held by the qualifying certified minority business~~

1286 ~~partners in the contracting joint venture, so long as the joint~~

1287 ~~venture meets the guidelines adopted by the office.~~

1288 ~~(o)1. To establish a system to record and measure the use~~

1289 ~~of certified minority business enterprises in state contracting.~~

1290 ~~This system shall maintain information and statistics on~~

1291 ~~certified minority business enterprise participation, awards,~~

1292 ~~dollar volume of expenditures and agency goals, and other~~

1293 ~~appropriate types of information to analyze progress in the~~

1294 ~~access of certified minority business enterprises to state~~

1295 ~~contracts and to monitor agency compliance with this section.~~

1296 ~~Such reporting must include, but is not limited to, the~~

1297 ~~identification of all subcontracts in state contracting by~~

1298 ~~dollar amount and by number of subcontracts and the~~

1299 ~~identification of the utilization of certified minority business~~

1300 ~~enterprises as prime contractors and subcontractors by dollar~~

1301 ~~amounts of contracts and subcontracts, number of contracts and~~

1302 ~~subcontracts, minority status, industry, and any conditions or~~

1303 ~~circumstances that significantly affected the performance of~~

1304 ~~subcontractors. Agencies shall report their compliance with the~~

1305 ~~requirements of this reporting system at least annually and at~~

1306 ~~the request of the office. All agencies shall cooperate with the~~

1307 ~~office in establishing this reporting system. Except in~~

1308 ~~construction contracting, all agencies shall review contracts~~

1309 ~~costing in excess of CATEGORY FOUR as defined in s. 287.017 to~~

1310 ~~determine if such contracts could be divided into smaller~~

1311 ~~contracts to be separately solicited and awarded, and shall,~~

1312 ~~when economical, offer such smaller contracts to encourage~~

1313 ~~minority participation.~~

1314 ~~2. To report agency compliance with the provisions of~~

1315 ~~subparagraph 1. for the preceding fiscal year to the Governor~~

1316 ~~and Cabinet, the President of the Senate, and the Speaker of the~~

1317 ~~House of Representatives on or before February 1 of each year.~~

1318 ~~The report must contain, at a minimum, the following:~~

1319 ~~a. Total expenditures of each agency by industry.~~

1320 ~~b. The dollar amount and percentage of contracts awarded~~

1321 ~~to certified minority business enterprises by each state agency.~~

1322 ~~c. The dollar amount and percentage of contracts awarded~~

1323 ~~indirectly to certified minority business enterprises as~~

1324 ~~subcontractors by each state agency.~~

1325 ~~d. The total dollar amount and percentage of contracts~~

1326 ~~awarded to certified minority business enterprises, whether~~

1327 ~~directly or indirectly, as subcontractors.~~

1328 ~~e. A statement and assessment of good faith efforts taken~~

1329 ~~by each state agency.~~

1330 ~~f. A status report of agency compliance with subsection~~

1331 ~~(6), as determined by the Minority Business Enterprise Office.~~

1332 ~~(5)(a) Each agency shall, at the time the specifications~~

1333 ~~or designs are developed or contract sizing is determined for~~

1334 ~~any proposed procurement costing in excess of CATEGORY FOUR, as~~

1335 ~~defined in s. 287.017, forward a notice to the Office of~~

1336 ~~Supplier Diversity of the proposed procurement and any~~

1337 ~~determination on the designs of specifications of the proposed~~

1338 ~~procurement that impose requirements on prospective vendors, no~~

1339 ~~later than 30 days prior to the issuance of a solicitation,~~

1340 ~~except that this provision shall not apply to emergency~~

1341 ~~acquisitions. The 30-day notice period shall not toll the time~~

1342 ~~for any other procedural requirements.~~

1343 ~~(b) If the Office of Supplier Diversity determines that~~

1344 ~~the proposed procurement will not likely allow opportunities for~~

1345 ~~minority business enterprises, the office may, within 20 days~~

1346 ~~after it receives the information specified in paragraph (a),~~

1347 ~~propose the implementation of minority business enterprise~~

1348 ~~utilization provisions or submit alternative procurement methods~~

1349 ~~that would significantly increase minority business enterprise~~

1350 ~~contracting opportunities.~~

1351 ~~(c) Whenever the agency and the Office of Supplier~~

1352 ~~Diversity disagree, the matter shall be submitted for~~

1353 ~~determination to the head of the agency or the senior-level~~

1354 ~~official designated pursuant to this section as liaison for~~

1355 ~~minority business enterprise issues.~~

1356 ~~(d) If the proposed procurement proceeds to competitive~~

1357 ~~solicitation, the office is hereby granted standing to protest,~~

1358 ~~pursuant to this section, in a timely manner, any contract award~~

1359 ~~during competitive solicitation for contractual services and~~

1360 ~~construction contracts that fail to include minority business~~

1361 ~~enterprise participation, if any responsible and responsive~~

1362 ~~vendor has demonstrated the ability to achieve any level of~~

1363 ~~participation, or, any contract award for commodities where, a~~

1364 ~~reasonable and economical opportunity to reserve a contract,~~

1365 ~~statewide or district level, for minority participation was not~~

1366 ~~executed or, an agency failed to adopt an applicable preference~~

1367 ~~for minority participation. The bond requirement shall be waived~~

1368 ~~for the office purposes of this subsection.~~

1369 ~~(e) An agency may presume that a vendor offering no~~

1370 ~~minority participation has not made a good faith effort when~~

1371 ~~other vendors offer minority participation of firms listed as~~

1372 ~~relevant to the agency's purchasing needs in the pertinent~~

1373 ~~locality or statewide to complete the project.~~

1374 ~~(f) Paragraph (a) will not apply when the Office of~~

1375 ~~Supplier Diversity determines that an agency has established a~~

1376 ~~work plan to allow advance consultation and planning with~~

1377 ~~minority business enterprises and where such plan clearly~~

1378 ~~demonstrates:~~

1379 ~~1. A high level of advance planning by the agency with~~

1380 ~~minority business enterprises.~~

1381 ~~2. A high level of accessibility, knowledge, and~~

1382 ~~experience by minority business enterprises in the agency's~~

1383 ~~contract decisionmaking process.~~

1384 ~~3. A high quality of agency monitoring and enforcement of~~

1385 ~~internal implementation of minority business utilization~~

1386 ~~provisions.~~

1387 ~~4. A high quality of agency monitoring and enforcement of~~

1388 ~~contractor utilization of minority business enterprises,~~

1389 ~~especially tracking subcontractor data, and ensuring the~~

1390 ~~integrity of subcontractor reporting.~~

1391 ~~5. A high quality of agency outreach, agency networking of~~

1392 ~~major vendors with minority vendors, and innovation in~~

1393 ~~techniques to improve utilization of minority business~~

1394 ~~enterprises.~~

1395 ~~6. Substantial commitment, sensitivity, and proactive~~

1396 ~~attitude by the agency head and among the agency minority~~

1397 ~~business staff.~~

1398 ~~(6) Each state agency shall coordinate its minority~~

1399 ~~business enterprise procurement activities with the Office of~~

1400 ~~Supplier Diversity. At a minimum, each agency shall:~~

1401 ~~(a) Adopt a minority business enterprise utilization plan~~

1402 ~~for review and approval by the Office of Supplier Diversity~~

1403 ~~which should require meaningful and useful methods to attain the~~

1404 ~~legislative intent in assisting minority business enterprises.~~

1405 ~~(b) Designate a senior-level employee in the agency as a~~

1406 ~~minority enterprise assistance officer, responsible for~~

1407 ~~overseeing the agency's minority business utilization~~

1408 ~~activities, and who is not also charged with purchasing~~

1409 ~~responsibility. A senior-level agency employee and agency~~

1410 ~~purchasing officials shall be accountable to the agency head for~~

1411 ~~the agency's minority business utilization performance. The~~

1412 ~~Office of Supplier Diversity shall advise each agency on~~

1413 ~~compliance performance.~~

1414 ~~(c) If an agency deviates significantly from its~~

1415 ~~utilization plan in 2 consecutive or 3 out of 5 total fiscal~~

1416 ~~years, the Office of Supplier Diversity may review any and all~~

1417 ~~solicitations and contract awards of the agency as deemed~~

1418 ~~necessary until such time as the agency meets its utilization~~

1419 ~~plan.~~

1420 Section 26. Section 287.0947, Florida Statutes, is

1421 repealed.

1422 Section 27. Paragraph (b) of subsection (2) of section

1423 288.0001, Florida Statutes, is amended to read:

1424 288.0001 Economic Development Programs Evaluation.—The

1425 Office of Economic and Demographic Research and the Office of

1426 Program Policy Analysis and Government Accountability (OPPAGA)

1427 shall develop and present to the Governor, the President of the

1428 Senate, the Speaker of the House of Representatives, and the

1429 chairs of the legislative appropriations committees the Economic

1430 Development Programs Evaluation.

1431 (2) The Office of Economic and Demographic Research and

1432 OPPAGA shall provide a detailed analysis of economic development

1433 programs as provided in the following schedule:

1434 (b) By January 1, 2015, and every 3 years thereafter, an

1435 analysis of:

1436 1. The entertainment industry sales tax exemption program

1437 established under s. 288.1258.

1438 2. VISIT Florida and its programs established or funded

1439 under ss. 288.122-288.12265 and 288.124.

1440 3. The Florida Sports Foundation and related programs,

1441 including those established under ss. 288.1162, 288.11621, and

1442 288.1166, ~~and 288.1167.~~

1443 Section 28. Paragraph (b) of subsection (4) of section

1444 288.001, Florida Statutes, is amended to read:

1445 288.001 The Florida Small Business Development Center

1446 Network.—

1447 (4) STATEWIDE ADVISORY BOARD.—

1448 (b) The statewide advisory board shall consist of 19

1449 members from across the state. At least 12 members must be

1450 representatives of the private sector who are knowledgeable of

1451 the needs and challenges of small businesses. The members must

1452 represent various segments and industries of the economy in this

1453 state and must bring knowledge and skills to the statewide

1454 advisory board which would enhance the board's collective

1455 knowledge of small business assistance needs and challenges.

1456 ~~Minority and gender representation must be considered when~~

1457 ~~making appointments to the board.~~ The board must include the

1458 following members:

1459 1. Three members appointed from the private sector by the

1460 President of the Senate.

1461 2. Three members appointed from the private sector by the

1462 Speaker of the House of Representatives.

1463 3. Three members appointed from the private sector by the

1464 Governor.

1465 4. Three members appointed from the private sector by the

1466 network's statewide director.

1467 5. One member appointed by the host institution.

1468 6. The Secretary of Commerce or his or her designee.

1469 7. The Chief Financial Officer or his or her designee.

1470 8. The President of the Florida Chamber of Commerce or his

1471 or her designee.

1472 9. The Small Business Development Center Project Officer

1473 from the U.S. Small Business Administration at the South Florida

1474 District Office or his or her designee.

1475 10. The executive director of the National Federation of

1476 Independent Businesses, Florida, or his or her designee.

1477 11. The executive director of the Florida United Business

1478 Association or his or her designee.

1479 Section 29. Subsection (8) of section 288.0065, Florida Statutes, is amended to read:

1481 288.0065 Annual incentives report.—By December 30 of each

1482 year, the department shall provide the Governor, the President

1483 of the Senate, and the Speaker of the House of Representatives a

1484 detailed incentives report quantifying the economic benefits for

1485 all of the economic development incentive programs administered

1486 by the department and its public-private partnerships. The

1487 annual incentives report must include:

1488 (8) A description of the trends relating to business

1489 interest in, and usage of, the various incentives, and the

1490 number of small ~~minority-owned or woman-owned~~ businesses

1491 receiving incentives.

1492 Section 30. Section 288.1167, Florida Statutes, is

1493 repealed.

1494 Section 31. Subsection (1) of section 288.12266, Florida

1495 Statutes, is amended to read:

1496 288.12266 Targeted Marketing Assistance Program.—

1497 (1) The Targeted Marketing Assistance Program is created

1498 to enhance the tourism business marketing of small, ~~minority,~~

1499 rural, and agritourism businesses in the state. The department,

1500 in conjunction with the Florida Tourism Industry Marketing

1501 Corporation, shall administer the program. The program shall

1502 provide marketing plans, marketing assistance, promotional

1503 support, media development, technical expertise, marketing

1504 advice, technology training, social marketing support, and other

1505 assistance to an eligible entity.

1506 Section 32. Paragraph (b) of subsection (2) of section

1507 288.1229, Florida Statutes, is amended to read:

1508 288.1229 Promotion and development of sports-related

1509 industries and amateur athletics; direct-support organization

1510 established; powers and duties.—

1511 (2) The Florida Sports Foundation must:

1512 (b) Be governed by a board of directors, which must

1513 consist of up to 15 members appointed by the Governor. In making

1514 appointments, the Governor must consider a potential member's

1515 background in community service and sports activism in, and

1516 financial support of, the sports industry, professional sports,

1517 or organized amateur athletics. Members must be residents of the

1518 state and highly knowledgeable about or active in professional

1519 or organized amateur sports.

1520 ~~1. The board must contain representatives of all~~

1521 ~~geographical regions of the state and must represent ethnic and~~

1522 ~~gender diversity.~~

1523 2. The terms of office of the members shall be 4 years. No

1524 member may serve more than two consecutive terms. The Governor

1525 may remove any member for cause and shall fill all vacancies

1526 that occur.

1527 Section 33. Section 288.124, Florida Statutes, is amended

1528 to read:

1529 288.124 Convention grants program.—The Florida Tourism

1530 Industry Marketing Corporation is authorized to establish a

1531 convention grants program and, pursuant to that program, to

1532 recommend to the department expenditures and contracts with

1533 local governments and nonprofit corporations or organizations

1534 for the purpose of attracting national conferences and

1535 conventions to Florida. ~~Preference shall be given to local~~

1536 ~~governments and nonprofit corporations or organizations seeking~~

1537 ~~to attract minority conventions to Florida. Minority conventions~~

1538 ~~are events that primarily involve minority persons, as defined~~

1539 ~~in s. 288.703, who are residents or nonresidents of the state.~~

1540 The Florida Tourism Industry Marketing Corporation shall

1541 establish guidelines governing the award of grants and the

1542 administration of this program. The department has final

1543 approval authority for any grants under this section. The total

1544 annual allocation of funds for this program shall not exceed

1545 $40,000.

1546 Section 34. Subsection (2) of section 288.7015, Florida

1547 Statutes, is amended to read:

1548 288.7015 Appointment of rules ombudsman; duties.—The

1549 Governor shall appoint a rules ombudsman, as defined in s.

1550 288.703, in the Executive Office of the Governor, for

1551 considering the impact of agency rules on the state's citizens

1552 and businesses. The duties of the rules ombudsman are to:

1553 (2) Review state agency rules that adversely or

1554 disproportionately impact businesses, particularly those

1555 relating to small ~~and minority~~ businesses.

1556 Section 35. Subsections (2), (5), and (6) of section

1557 288.703, Florida Statutes, are renumbered as (1), (2), and (3),

1558 respectively, and subsection (1) and present subsections (3),

1559 (4), and (5) of that section are amended, to read:

1560 288.703 Definitions.—As used in ss. 288.702-288.706, the

1561 term:

1562 ~~(1) "Certified minority business enterprise" means a~~

1563 ~~business which has been certified by the certifying organization~~

1564 ~~or jurisdiction in accordance with s. 287.0943(1) and (2).~~

1565 ~~(3) "Minority business enterprise" means any small~~

1566 ~~business concern as defined in subsection (6) which is organized~~

1567 ~~to engage in commercial transactions, which is domiciled in~~

1568 ~~Florida, and which is at least 51-percent-owned by minority~~

1569 ~~persons who are members of an insular group that is of a~~

1570 ~~particular racial, ethnic, or gender makeup or national origin,~~

1571 ~~which has been subjected historically to disparate treatment due~~

1572 ~~to identification in and with that group resulting in an~~

1573 ~~underrepresentation of commercial enterprises under the group's~~

1574 ~~control, and whose management and daily operations are~~

1575 ~~controlled by such persons. A minority business enterprise may~~

1576 ~~primarily involve the practice of a profession. Ownership by a~~

1577 ~~minority person does not include ownership which is the result~~

1578 ~~of a transfer from a nonminority person to a minority person~~

1579 ~~within a related immediate family group if the combined total~~

1580 ~~net asset value of all members of such family group exceeds $1~~

1581 ~~million. For purposes of this subsection, the term "related~~

1582 ~~immediate family group" means one or more children under 16~~

1583 ~~years of age and a parent of such children or the spouse of such~~

1584 ~~parent residing in the same house or living unit.~~

1585 ~~(4) "Minority person" means a lawful, permanent resident~~

1586 ~~of Florida who is:~~

1587 ~~(a) An African American, a person having origins in any of~~

1588 ~~the black racial groups of the African Diaspora, regardless of~~

1589 ~~cultural origin.~~

1590 ~~(b) A Hispanic American, a person of Spanish or Portuguese~~

1591 ~~culture with origins in Spain, Portugal, Mexico, South America,~~

1592 ~~Central America, or the Caribbean, regardless of race.~~

1593 ~~(c) An Asian American, a person having origins in any of~~

1594 ~~the original peoples of the Far East, Southeast Asia, the Indian~~

1595 ~~Subcontinent, or the Pacific Islands, including the Hawaiian~~

1596 ~~Islands before 1778.~~

1597 ~~(d) A Native American, a person who has origins in any of~~

1598 ~~the Indian Tribes of North America before 1835, upon~~

1599 ~~presentation of proper documentation thereof as established by~~

1600 ~~rule of the Department of Management Services.~~

1601 ~~(e) An American woman.~~

1602 (2)(5) "Ombudsman" means an office or individual whose

1603 responsibilities include coordinating with the Office of

1604 Supplier Development ~~Diversity~~ for the interests of and

1605 providing assistance to small ~~and minority~~ business enterprises

1606 in dealing with governmental agencies and in developing

1607 proposals for changes in state agency rules.

1608 Section 36. Section 288.7031, Florida Statutes, is amended

1609 to read:

1610 288.7031 Application of definition ~~certain definitions.—~~

1611 The definition ~~definitions~~ of "small business," ~~"minority~~

1612 ~~business enterprise," and "certified minority business~~

1613 ~~enterprise" provided~~ in s. 288.703 applies ~~apply~~ to the state

1614 and all political subdivisions of the state. Section 37. Subsection (2) of section 288.706, Florida

1616 Statutes, is amended to read:

1617 288.706 Florida Minority Business Loan Mobilization

1618 Program.—

1619 (2) The Florida Minority Business Loan Mobilization

1620 Program is created to promote the development of minority

1621 business enterprises, ~~as defined in s. 288.703(3),~~ increase the

1622 ability of minority business enterprises to compete for state

1623 contracts, and sustain the economic growth of minority business

1624 enterprises in this state. The goal of the program is to assist

1625 minority business enterprises by facilitating working capital

1626 loans to minority business enterprises that are vendors on state

1627 agency contracts. The Department of Management Services shall

1628 administer the program.

1629 Section 38. Paragraph (a) of subsection (1) of section 288.776, Florida Statutes, is amended to read:

1631 288.776 Board of directors; powers and duties.—

1632 (1)(a) The corporation shall have a board of directors

1633 consisting of 15 members representing all geographic areas of

1634 the state. ~~Minority and gender representation must be considered~~

1635 ~~when making appointments to the board.~~ The board membership must

1636 include:

1637 1. A representative of the following businesses, all of

1638 which must be registered to do business in this state: a foreign

1639 bank, a state bank, a federal bank, an insurance company

1640 involved in covering trade financing risks, and a small or

1641 medium-sized exporter.

1642 2. The following persons or their designees ~~designee:~~ the

1643 Secretary of Commerce, the Chief Financial Officer, the

1644 Secretary of State, and a senior official of the United States

1645 Department of Commerce.

1646 Section 39. Subsection (4) of section 290.004, Florida

1647 Statutes, is amended to read:

1648 290.004 Definitions relating to Florida Enterprise Zone

1649 Act.—As used in ss. 290.001-290.016:

1650 ~~(4) "Minority business enterprise" has the same meaning as~~

1651 ~~provided in s. 288.703.~~

1652 Section 40. Subsection (10) of section 290.0056, Florida

1653 Statutes, is amended to read:

1654 290.0056 Enterprise zone development agency.—

1655 (10) Contingent upon approval by the governing body, the

1656 agency may invest in community investment corporations which

1657 conduct, or agree to conduct, loan guarantee programs assisting

1658 small ~~minority~~ business enterprises located in the enterprise

1659 zone. In making such investments, the agency shall first attempt

1660 to invest in existing community investment corporations

1661 providing services in the enterprise zone. Such investments

1662 shall be made under conditions required by law and as the agency

1663 may require, including, but not limited to:

1664 (a) The funds invested by the agency shall be used to

1665 provide loan guarantees to individuals for small ~~minority~~

1666 business enterprises located in the enterprise zone.

1667 (b) The community investment corporation may not approve

1668 any application for a loan guarantee unless the person applying

1669 for the loan guarantee shows that he or she has applied for the

1670 loan or loan guarantee through normal banking channels and that

1671 the loan or loan guarantee has been refused by at least one bank

1672 or other financial institution.

1673 Section 41. Paragraph (f) of subsection (1) of section

1674 290.0057, Florida Statutes, is amended to read:

1675 290.0057 Enterprise zone development plan.—

1676 (1) Any application for designation as a new enterprise

1677 zone must be accompanied by a strategic plan adopted by the

1678 governing body of the municipality or county, or the governing

1679 bodies of the county and one or more municipalities together. At

1680 a minimum, the plan must:

1681 (f) Identify the amount of local and private resources

1682 that will be available in the nominated area and the

1683 private/public partnerships to be used, which may include

1684 participation by, and cooperation with, universities, community

1685 colleges, small business development centers, ~~black business~~

1686 ~~investment corporations,~~ certified development corporations, and

1687 other private and public entities.

1688 Section 42. Paragraph (c) of subsection (3) of section

1689 290.046, Florida Statutes, is amended to read:

1690 290.046 Applications for grants; procedures;

1691 requirements.—

1692 (3)

1693 (c) The application's program impact score, equal

1694 employment opportunity and fair housing score, and communitywide

1695 needs score may take into consideration scoring factors,

1696 including, but not limited to, unemployment, poverty levels,

1697 low-income and moderate-income populations, benefits to low-

1698 income and moderate-income residents, ~~use of minority-owned and~~

1699 ~~woman-owned business enterprises in previous grants,~~ health and

1700 safety issues, and the condition of physical structures.

1701 Section 43. Paragraph (b) of subsection (4) of section

1702 295.187, Florida Statutes, is amended to read:

1703 295.187 Florida Veteran Business Enterprise Opportunity

1704 Act.—

1705 (4) VENDOR PREFERENCE.—

1706 (b) ~~Notwithstanding s. 287.057(12),~~ If a veteran business

1707 enterprise entitled to the vendor preference under this section

1708 and one or more businesses entitled to this preference or

1709 another vendor preference provided by law submit bids,

1710 proposals, or replies for procurement of commodities or

1711 contractual services which are equal with respect to all

1712 relevant considerations, including price, quality, and service,

1713 the state agency shall award the procurement or contract to the

1714 business having the smallest net worth. Section 44. Subsection (3) of section 320.63, Florida

1716 Statutes, is amended to read:

1717 320.63 Application for license; contents.—Any person

1718 desiring to be licensed pursuant to ss. 320.60-320.70 shall make

1719 application therefor to the department upon a form containing

1720 such information as the department requires. The department

1721 shall require, with such application or otherwise and from time

1722 to time, all of the following, which information may be

1723 considered by the department in determining the fitness of the

1724 applicant or licensee to engage in the business for which the

1725 applicant or licensee desires to be licensed:

1726 (3) From each manufacturer, distributor, or importer which

1727 utilizes an identical blanket basic agreement for its dealers or

1728 distributors in this state, which agreement comprises all or any

1729 part of the applicant's or licensee's agreements with motor

1730 vehicle dealers in this state, a copy of the written agreement

1731 and all supplements thereto, together with a list of the

1732 applicant's or licensee's authorized dealers or distributors and

1733 their addresses. The applicant or licensee shall further notify

1734 the department immediately of the appointment of any additional

1735 dealer or distributor. ~~The applicant or licensee shall annually~~

1736 ~~report to the department on its efforts to add new minority~~

1737 ~~dealer points, including difficulties encountered under ss.~~

1738 ~~320.61-320.70. For purposes of this section "minority" shall~~

1739 ~~have the same meaning as that given it in the definition of~~

1740 ~~"minority person" in s. 288.703.~~ Not later than 60 days before

1741 the date a revision or modification to a franchise agreement is

1742 offered uniformly to a licensee's motor vehicle dealers in this

1743 state, the licensee shall notify the department of such

1744 revision, modification, or addition to the franchise agreement

1745 on file with the department. In no event may a franchise

1746 agreement, or any addendum or supplement thereto, be offered to

1747 a motor vehicle dealer in this state until the applicant or

1748 licensee files an affidavit with the department acknowledging

1749 that the terms or provisions of the agreement, or any related

1750 document, are not inconsistent with, prohibited by, or contrary

1751 to the provisions contained in ss. 320.60-320.70. Any franchise

1752 agreement offered to a motor vehicle dealer in this state shall

1753 provide that all terms and conditions in such agreement

1754 inconsistent with the law and rules of this state are of no

1755 force and effect.

1756 Section 45. Paragraph (d) of subsection (4) of section

1757 337.11, Florida Statutes, is amended to read:

1758 337.11 Contracting authority of department; bids;

1759 emergency repairs, supplemental agreements, and change orders;

1760 combined design and construction contracts; progress payments;

1761 records; requirements of vehicle registration.—

1762 (4)

1763 (d) Notwithstanding the requirements of ss. 120.57(3)(c)

1764 and 287.057(23) ~~287.057(25),~~ upon receipt of a formal written

1765 protest that is timely filed, the department may continue the

1766 process provided in this subsection but may not take final

1767 agency action as to the lowest bidder except as part of the

1768 department's final agency action in the protest or upon

1769 dismissal of the protest by the protesting party.

1770 Section 46. Paragraph (b) of subsection (5) of section

1771 339.63, Florida Statutes, is amended to read:

1772 339.63 System facilities designated; additions and

1773 deletions.—

1774 (5)

1775 (b) A facility designated part of the Strategic Intermodal

1776 System pursuant to paragraph (a) that is within the jurisdiction

1777 of a local government that maintains a transportation

1778 concurrency system shall receive a waiver of transportation

1779 concurrency requirements applicable to Strategic Intermodal

1780 System facilities in order to accommodate any development at the

1781 facility which occurs pursuant to a building permit issued on or

1782 before December 31, 2017, but only if such facility is located:

1783 1. Within an area designated pursuant to s. 288.0656(7) as

1784 a rural area of opportunity;

1785 2. Within a rural enterprise zone as defined in s. 290.004

1786 ~~s. 290.004(5);~~ or

1787 3. Within 15 miles of the boundary of a rural area of

1788 opportunity or a rural enterprise zone.

1789 Section 47. Paragraph (a) of subsection (2) of section 376.3072, Florida Statutes, is amended to read:

1791 376.3072 Florida Petroleum Liability and Restoration

1792 Insurance Program.—

1793 (2)(a) An owner or operator of a petroleum storage system

1794 may become an insured in the restoration insurance program at a

1795 facility if:

1796 1. A site at which an incident has occurred is eligible

1797 for restoration if the insured is a participant in the third-

1798 party liability insurance program or otherwise meets applicable

1799 financial responsibility requirements. After July 1, 1993, the

1800 insured must also provide the required excess insurance coverage

1801 or self-insurance for restoration to achieve the financial

1802 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,

1803 not covered by paragraph (d).

1804 2. A site which had a discharge reported before January 1,

1805 1989, for which notice was given pursuant to s. 376.3071(10) and

1806 which is ineligible for the third-party liability insurance

1807 program solely due to that discharge is eligible for

1808 participation in the restoration program for an incident

1809 occurring on or after January 1, 1989, pursuant to subsection

1810 (3). Restoration funding for an eligible contaminated site will

1811 be provided without participation in the third-party liability

1812 insurance program until the site is restored as required by the

1813 department or until the department determines that the site does

1814 not require restoration.

1815 3. Notwithstanding paragraph (b), a site where an

1816 application is filed with the department before January 1, 1995,

1817 where the owner is a small business under s. 288.703(3) s.

1818 ~~288.703(6),~~ a Florida College System institution with less than

1819 2,500 FTE, a religious institution as defined by s.

1820 212.08(7)(m), a charitable institution as defined by s.

1821 212.08(7)(p), or a county or municipality with a population of

1822 less than 50,000, is eligible for up to $400,000 of eligible

1823 restoration costs, less a deductible of $10,000 for small

1824 businesses, eligible Florida College System institutions, and

1825 religious or charitable institutions, and $30,000 for eligible

1826 counties and municipalities, if:

1827 a. Except as provided in sub-subparagraph e., the facility

1828 was in compliance with department rules at the time of the

1829 discharge.

1830 b. The owner or operator has, upon discovery of a

1831 discharge, promptly reported the discharge to the department,

1832 and drained and removed the system from service, if necessary.

1833 c. The owner or operator has not intentionally caused or

1834 concealed a discharge or disabled leak detection equipment.

1835 d. The owner or operator proceeds to complete initial

1836 remedial action as specified in department rules.

1837 e. The owner or operator, if required and if it has not

1838 already done so, applies for third-party liability coverage for

1839 the facility within 30 days after receipt of an eligibility

1840 order issued by the department pursuant to this subparagraph.

1842 However, the department may consider in-kind services from

1843 eligible counties and municipalities in lieu of the $30,000

1844 deductible. The cost of conducting initial remedial action as

1845 defined by department rules is an eligible restoration cost

1846 pursuant to this subparagraph.

1847 4.a. By January 1, 1997, facilities at sites with existing

1848 contamination must have methods of release detection to be

1849 eligible for restoration insurance coverage for new discharges

1850 subject to department rules for secondary containment. Annual

1851 storage system testing, in conjunction with inventory control,

1852 shall be considered to be a method of release detection until

1853 the later of December 22, 1998, or 10 years after the date of

1854 installation or the last upgrade. Other methods of release

1855 detection for storage tanks which meet such requirement are:

1856 (I) Interstitial monitoring of tank and integral piping

1857 secondary containment systems;

1858 (II) Automatic tank gauging systems; or

1859 (III) A statistical inventory reconciliation system with a

1860 tank test every 3 years.

1861 b. For pressurized integral piping systems, the owner or

1862 operator must use:

1863 (I) An automatic in-line leak detector with flow

1864 restriction meeting the requirements of department rules used in

1865 conjunction with an annual tightness or pressure test; or

1866 (II) An automatic in-line leak detector with electronic

1867 flow shut-off meeting the requirements of department rules.

1868 c. For suction integral piping systems, the owner or

1869 operator must use:

1870 (I) A single check valve installed directly below the

1871 suction pump if there are no other valves between the dispenser

1872 and the tank; or

1873 (II) An annual tightness test or other approved test.

1874 d. Owners of facilities with existing contamination that

1875 install internal release detection systems pursuant to sub-

1876 subparagraph a. shall permanently close their external

1877 groundwater and vapor monitoring wells pursuant to department

1878 rules by December 31, 1998. Upon installation of the internal

1879 release detection system, such wells must be secured and taken

1880 out of service until permanent closure.

1881 e. Facilities with vapor levels of contamination meeting

1882 the requirements of or below the concentrations specified in the

1883 performance standards for release detection methods specified in

1884 department rules may continue to use vapor monitoring wells for

1885 release detection.

1886 f. The department may approve other methods of release

1887 detection for storage tanks and integral piping which have at

1888 least the same capability to detect a new release as the methods

1889 specified in this subparagraph.

1891 Sites meeting the criteria of this subsection for which a site

1892 rehabilitation completion order was issued before June 1, 2008,

1893 do not qualify for the 2008 increase in site rehabilitation

1894 funding assistance and are bound by the pre-June 1, 2008,

1895 limits. Sites meeting the criteria of this subsection for which

1896 a site rehabilitation completion order was not issued before

1897 June 1, 2008, regardless of whether they have previously

1898 transitioned to nonstate-funded cleanup status, may continue

1899 state-funded cleanup pursuant to s. 376.3071(6) until a site

1900 rehabilitation completion order is issued or the increased site

1901 rehabilitation funding assistance limit is reached, whichever

1902 occurs first.

1903 Section 48. Paragraph (g) of subsection (1) of section

1904 376.84, Florida Statutes, is amended to read:

1905 376.84 Brownfield redevelopment economic incentives.—It is

1906 the intent of the Legislature that brownfield redevelopment

1907 activities be viewed as opportunities to significantly improve

1908 the utilization, general condition, and appearance of these

1909 sites. Different standards than those in place for new

1910 development, as allowed under current state and local laws,

1911 should be used to the fullest extent to encourage the

1912 redevelopment of a brownfield. State and local governments are

1913 encouraged to offer redevelopment incentives for this purpose,

1914 as an ongoing public investment in infrastructure and services,

1915 to help eliminate the public health and environmental hazards,

1916 and to promote the creation of jobs in these areas. Such

1917 incentives may include financial, regulatory, and technical

1918 assistance to persons and businesses involved in the

1919 redevelopment of the brownfield pursuant to this act.

1920 (1) Financial incentives and local incentives for

1921 redevelopment may include, but not be limited to:

1922 ~~(g) Minority business enterprise programs as provided in~~

1923 ~~s. 287.0943.~~

1924 Section 49. Paragraph (b) of subsection (8) of section

1925 381.986, Florida Statutes, is amended to read:

1926 381.986 Medical use of marijuana.—

1927 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—

1928 (b) An applicant for licensure as a medical marijuana

1929 treatment center must apply to the department on a form

1930 prescribed by the department and adopted in rule. The department

1931 shall adopt rules pursuant to ss. 120.536(1) and 120.54

1932 establishing a procedure for the issuance and biennial renewal

1933 of licenses, including initial application and biennial renewal

1934 fees sufficient to cover the costs of implementing and

1935 administering this section, and establishing supplemental

1936 licensure fees for payment beginning May 1, 2018, sufficient to

1937 cover the costs of administering ss. 381.989 and 1004.4351. The

1938 department shall identify applicants with strong diversity plans

1939 reflecting this state's commitment to diversity and implement

1940 training programs and other educational programs to enable

1941 minority persons and minority business enterprises, ~~as defined~~

1942 ~~in s. 288.703,~~ and veteran business enterprises, as defined in

1943 s. 295.187, to compete for medical marijuana treatment center

1944 licensure and contracts. Subject to the requirements in

1945 subparagraphs (a)2.-4., the department shall issue a license to

1946 an applicant if the applicant meets the requirements of this

1947 section and pays the initial application fee. The department

1948 shall renew the licensure of a medical marijuana treatment

1949 center biennially if the licensee meets the requirements of this

1950 section and pays the biennial renewal fee. However, the

1951 department may not renew the license of a medical marijuana

1952 treatment center that has not begun to cultivate, process, and

1953 dispense marijuana by the date that the medical marijuana

1954 treatment center is required to renew its license. An individual

1955 may not be an applicant, owner, officer, board member, or

1956 manager on more than one application for licensure as a medical

1957 marijuana treatment center. An individual or entity may not be

1958 awarded more than one license as a medical marijuana treatment

1959 center. An applicant for licensure as a medical marijuana

1960 treatment center must demonstrate:

1961 1. That, for the 5 consecutive years before submitting the

1962 application, the applicant has been registered to do business in

1963 this state.

1964 2. Possession of a valid certificate of registration

1965 issued by the Department of Agriculture and Consumer Services

1966 pursuant to s. 581.131.

1967 3. The technical and technological ability to cultivate

1968 and produce marijuana, including, but not limited to, low-THC

1969 cannabis.

1970 4. The ability to secure the premises, resources, and

1971 personnel necessary to operate as a medical marijuana treatment

1972 center.

1973 5. The ability to maintain accountability of all raw

1974 materials, finished products, and any byproducts to prevent

1975 diversion or unlawful access to or possession of these

1976 substances.

1977 6. An infrastructure reasonably located to dispense

1978 marijuana to registered qualified patients statewide or

1979 regionally as determined by the department.

1980 7. The financial ability to maintain operations for the

1981 duration of the 2-year approval cycle, including the provision

1982 of certified financial statements to the department.

1983 a. Upon approval, the applicant must post a $5 million

1984 performance bond issued by an authorized surety insurance

1985 company rated in one of the three highest rating categories by a

1986 nationally recognized rating service. However, a medical

1987 marijuana treatment center serving at least 1,000 qualified

1988 patients is only required to maintain a $2 million performance

1989 bond.

1990 b. In lieu of the performance bond required under sub-

1991 subparagraph a., the applicant may provide an irrevocable letter

1992 of credit payable to the department or provide cash to the

1993 department. If provided with cash under this sub-subparagraph,

1994 the department must deposit the cash in the Grants and Donations

1995 Trust Fund within the Department of Health, subject to the same

1996 conditions as the bond regarding requirements for the applicant

1997 to forfeit ownership of the funds. If the funds deposited under

1998 this sub-subparagraph generate interest, the amount of that

1999 interest must be used by the department for the administration

2000 of this section.

2001 8. That all owners and managers have passed a background

2002 screening pursuant to subsection (9). As used in this

2003 subparagraph, the term:

2004 a. "Manager" means any person with the authority to

2005 exercise or contribute to the operational control, direction, or

2006 management of an applicant or a medical marijuana treatment

2007 center or who has authority to supervise any employee of an

2008 applicant or a medical marijuana treatment center. The term

2009 includes an individual with the power or authority to direct or

2010 influence the direction or operation of an applicant or a

2011 medical marijuana treatment center through board membership, an

2012 agreement, or a contract.

2013 b. "Owner" means any person who owns or controls a 5

2014 percent or greater share of interests of the applicant or a

2015 medical marijuana treatment center which include beneficial or

2016 voting rights to interests. In the event that one person owns a

2017 beneficial right to interests and another person holds the

2018 voting rights with respect to such interests, then in such case,

2019 both are considered the owner of such interests.

2020 9. The employment of a medical director to supervise the

2021 activities of the medical marijuana treatment center.

2022 10. A diversity plan that promotes and ensures the

2023 involvement of minority persons and minority business

2024 enterprises, ~~as defined in s. 288.703,~~ or veteran business

2025 enterprises, as defined in s. 295.187, in ownership, management,

2026 and employment. An applicant for licensure renewal must show the

2027 effectiveness of the diversity plan by including the following

2028 with his or her application for renewal:

2029 a. Representation of minority persons and veterans in the

2030 medical marijuana treatment center's workforce;

2031 b. Efforts to recruit minority persons and veterans for

2032 employment; and

2033 c. A record of contracts for services with minority

2034 business enterprises and veteran business enterprises.

2035 Section 50. Subsection (5) of section 383.216, Florida

2036 Statutes, is amended to read:

2037 383.216 Community-based prenatal and infant health care.—

2038 (5) The membership of each prenatal and infant health care

2039 coalition shall represent health care providers, the recipient

2040 community, and the community at large; ~~shall represent the~~

2041 ~~racial, ethnic, and gender composition of the community;~~ and

2042 shall include at least the following:

2043 (a) Consumers of family planning, primary care, or

2044 prenatal care services, at least two of whom are low-income or

2045 Medicaid eligible.

2046 (b) Health care providers, including:

2047 1. County health departments.

2048 2. Migrant and community health centers.

2049 3. Hospitals.

2050 4. Local medical societies.

2051 5. Local health planning organizations.

2052 (c) Local health advocacy interest groups and community

2053 organizations.

2054 (d) County and municipal governments.

2055 (e) Social service organizations.

2056 (f) Local education communities.

2057 Section 51. Paragraph (a) of subsection (1) of section

2058 394.47865, Florida Statutes, is amended to read:

2059 394.47865 South Florida State Hospital; privatization.—

2060 (1) The Department of Children and Families shall, through

2061 a request for proposals, privatize South Florida State Hospital.

2062 The department shall plan to begin implementation of this

2063 privatization initiative by July 1, 1998.

2064 (a) Notwithstanding s. 287.057(12) ~~s. 287.057(14),~~ the

2065 department may enter into agreements, not to exceed 20 years,

2066 with a private provider, a coalition of providers, or another

2067 agency to finance, design, and construct a treatment facility

2068 having up to 350 beds and to operate all aspects of daily

2069 operations within the facility. The department may subcontract

2070 any or all components of this procurement to a statutorily

2071 established state governmental entity that has successfully

2072 contracted with private companies for designing, financing,

2073 acquiring, leasing, constructing, and operating major privatized

2074 state facilities.

2075 Section 52. Section 395.807, Florida Statutes, is

2076 repealed.

2077 Section 53. Paragraph (b) of subsection (2) and subsection

2078 (3) of section 402.7305, Florida Statutes, are amended to read:

2079 402.7305 Department of Children and Families; procurement

2080 of contractual services; contract management.—

2081 (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—

2082 (b) When it is in the best interest of a defined segment

2083 of its consumer population, the department may competitively

2084 procure and contract for systems of treatment or service that

2085 involve multiple providers, rather than procuring and

2086 contracting for treatment or services separately from each

2087 participating provider. The department must ensure that all

2088 providers that participate in the treatment or service system

2089 meet all applicable statutory, regulatory, service quality, and

2090 cost control requirements. If other governmental entities or

2091 units of special purpose government contribute matching funds to

2092 the support of a given system of treatment or service, the

2093 department shall formally request information from those funding

2094 entities in the procurement process and may take the information

2095 received into account in the selection process. If a local

2096 government contributes matching funds to support the system of

2097 treatment or contracted service and if the match constitutes at

2098 least 25 percent of the value of the contract, the department

2099 shall afford the governmental match contributor an opportunity

2100 to name an employee as one of the persons required by s.

2101 287.057(15) ~~s. 287.057(17)~~ to evaluate or negotiate certain

2102 contracts, unless the department sets forth in writing the

2103 reason why the inclusion would be contrary to the best interest

2104 of the state. Any employee so named by the governmental match

2105 contributor shall qualify as one of the persons required by s.

2106 287.057(15) ~~s. 287.057(17).~~ A governmental entity or unit of

2107 special purpose government may not name an employee as one of

2108 the persons required by s. 287.057(15) ~~s. 287.057(17)~~ if it, or

2109 any of its political subdivisions, executive agencies, or

2110 special districts, intends to compete for the contract to be

2111 awarded. The governmental funding entity or contributor of

2112 matching funds must comply with all procurement procedures set

2113 forth in s. 287.057 when appropriate and required.

2114 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The

2115 Department of Children and Families shall review the time period

2116 for which the department executes contracts and shall execute

2117 multiyear contracts to make the most efficient use of the

2118 resources devoted to contract processing and execution. Whenever

2119 the department chooses not to use a multiyear contract, a

2120 justification for that decision must be contained in the

2121 contract. Notwithstanding s. 287.057(13) ~~s. 287.057(15),~~ the

2122 department is responsible for establishing a contract management

2123 process that requires a member of the department's Senior

2124 Management or Selected Exempt Service to assign in writing the

2125 responsibility of a contract to a contract manager. The

2126 department shall maintain a set of procedures describing its

2127 contract management process which must minimally include the

2128 following requirements:

2129 (a) The contract manager shall maintain the official

2130 contract file throughout the duration of the contract and for a

2131 period not less than 6 years after the termination of the

2132 contract.

2133 (b) The contract manager shall review all invoices for

2134 compliance with the criteria and payment schedule provided for

2135 in the contract and shall approve payment of all invoices before

2136 their transmission to the Department of Financial Services for

2137 payment.

2138 (c) The contract manager shall maintain a schedule of

2139 payments and total amounts disbursed and shall periodically

2140 reconcile the records with the state's official accounting

2141 records.

2142 (d) For contracts involving the provision of direct client

2143 services, the contract manager shall periodically visit the

2144 physical location where the services are delivered and speak

2145 directly to clients receiving the services and the staff

2146 responsible for delivering the services.

2147 (e) The contract manager shall meet at least once a month

2148 directly with the contractor's representative and maintain

2149 records of such meetings.

2150 (f) The contract manager shall periodically document any

2151 differences between the required performance measures and the

2152 actual performance measures. If a contractor fails to meet and

2153 comply with the performance measures established in the

2154 contract, the department may allow a reasonable period for the

2155 contractor to correct performance deficiencies. If performance

2156 deficiencies are not resolved to the satisfaction of the

2157 department within the prescribed time, and if no extenuating

2158 circumstances can be documented by the contractor to the

2159 department's satisfaction, the department must terminate the

2160 contract. The department may not enter into a new contract with

2161 that same contractor for the services for which the contract was

2162 previously terminated for a period of at least 24 months after

2163 the date of termination. The contract manager shall obtain and

2164 enforce corrective action plans, if appropriate, and maintain

2165 records regarding the completion or failure to complete

2166 corrective action items.

2167 (g) The contract manager shall document any contract

2168 modifications, which shall include recording any contract

2169 amendments as provided for in this section.

2170 (h) The contract manager shall be properly trained before

2171 being assigned responsibility for any contract.

2172 Section 54. Subsection (2) of section 408.045, Florida

2173 Statutes, is amended to read:

2174 408.045 Certificate of need; competitive sealed

2175 proposals.—

2176 (2) The agency shall make a decision regarding the

2177 issuance of the certificate of need in accordance with the

2178 provisions of s. 287.057(15) ~~s. 287.057(17),~~ rules adopted by

2179 the agency relating to intermediate care facilities for the

2180 developmentally disabled, and the criteria in s. 408.035, as

2181 further defined by rule.

2182 Section 55. Subsection (24) of section 409.901, Florida

2183 Statutes, is amended to read:

2184 409.901 Definitions; ss. 409.901-409.920.—As used in ss.

2185 409.901-409.920, except as otherwise specifically provided, the

2186 term:

2187 ~~(24) "Minority physician network" means a network of~~

2188 ~~primary care physicians with experience managing Medicaid or~~

2189 ~~Medicare recipients that is predominantly owned by minorities as~~

2190 ~~defined in s. 288.703, which may have a collaborative~~

2191 ~~partnership with a public college or university and a tax-exempt~~

2192 ~~charitable corporation.~~

2193 Section 56. Paragraph (e) of subsection (1) of section

2194 409.920, Florida Statutes, is amended to read:

2195 409.920 Medicaid provider fraud.—

2196 (1) For the purposes of this section, the term:

2197 (e) "Managed care plans" means a health insurer authorized

2198 under chapter 624, an exclusive provider organization authorized

2199 under chapter 627, a health maintenance organization authorized

2200 under chapter 641, a prepaid health plan authorized under this

2201 chapter, a provider service network authorized under this

2202 chapter, ~~a minority physician network authorized under this~~

2203 ~~chapter,~~ and an emergency department diversion program

2204 authorized under this chapter or the General Appropriations Act,

2205 providing health care services pursuant to a contract with the

2206 Medicaid program.

2207 Section 57. Section 420.622, Florida Statutes, is

2208 repealed.

2209 Section 58. Paragraph (b) of subsection (4) of section

2210 430.502, Florida Statutes, is amended to read:

2211 430.502 Alzheimer's disease; memory disorder clinics and

2212 day care and respite care programs.—

2213 (4) The department shall develop performance goals that

2214 exceed the minimum performance standards developed under

2215 subsection (3), which goals must be achieved in order for a

2216 memory disorder clinic to be eligible for incentive funding

2217 above the base level, subject to legislative appropriation.

2218 Incentive funding shall be based on criteria including, but not

2219 limited to:

2220 (b) Significant increase in public outreach to low-income

2221 ~~and minority~~ populations.

2222 Section 59. Paragraph (b) of subsection (2) of section

2223 440.45, Florida Statutes, is amended to read:

2224 440.45 Office of the Judges of Compensation Claims.—

2225 (2)

2226 (b) Except as provided in paragraph (c), the Governor

2227 shall appoint a judge of compensation claims from a list of

2228 three persons nominated by a statewide nominating commission.

2229 The statewide nominating commission shall be composed of the

2230 following:

2231 1. Six members, ~~at least one of whom must be a member of a~~

2232 ~~minority group as defined in s. 288.703,~~ one of each who resides

2233 in each of the territorial jurisdictions of the district courts

2234 of appeal, appointed by the Board of Governors of The Florida

2235 Bar from among The Florida Bar members engaged in the practice

2236 of law. Each member shall be appointed for a 4-year term;

2237 2. Six electors, ~~at least one of whom must be a member of~~

2238 ~~a minority group as defined in s. 288.703,~~ one of each who

2239 resides in each of the territorial jurisdictions of the district

2240 courts of appeal, appointed by the Governor. Each member shall

2241 be appointed for a 4-year term; and

2242 3. Six electors, ~~at least one of whom must be a member of~~

2243 ~~a minority group as defined in s. 288.703,~~ one of each who

2244 resides in the territorial jurisdictions of the district courts

2245 of appeal, selected and appointed by a majority vote of the

2246 other 10 members of the commission. Each member shall be

2247 appointed for a 4-year term.

2249 A vacancy occurring on the commission shall be filled by the

2250 original appointing authority for the unexpired balance of the

2251 term. An attorney who appears before any judge of compensation

2252 claims more than four times a year is not eligible to serve on

2253 the statewide nominating commission. The meetings and

2254 determinations of the nominating commission as to the judges of

2255 compensation claims shall be open to the public.

2256 Section 60. Subsections (9) through (15) of section

2257 445.007, Florida Statutes, are renumbered as subsections (8)

2258 through (14), respectively, and subsections (1) and (8) of that

2259 section are amended, to read:

2260 445.007 Local workforce development boards.—

2261 (1) One local workforce development board shall be

2262 appointed in each designated service delivery area and shall

2263 serve as the local workforce development board pursuant to Pub.

2264 L. No. 113-128. The membership of the local board must be

2265 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a

2266 public education or training provider is represented on the

2267 local board, a representative of a private education provider

2268 must also be appointed to the local board. The state board may

2269 waive this requirement if requested by a local board if it is

2270 demonstrated that such representatives do not exist in the

2271 region. ~~The importance of minority and gender representation~~

2272 ~~shall be considered when making appointments to the local board.~~

2273 The local board, its committees, subcommittees, and

2274 subdivisions, and other units of the workforce system, including

2275 units that may consist in whole or in part of local governmental

2276 units, may use any method of telecommunications to conduct

2277 meetings, including establishing a quorum through

2278 telecommunications, provided that the public is given proper

2279 notice of the telecommunications meeting and reasonable access

2280 to observe and, when appropriate, participate. Local boards are

2281 subject to chapters 119 and 286 and s. 24, Art. I of the State

2282 Constitution. Each member of a local board who is not otherwise

2283 required to file a full and public disclosure of financial

2284 interests under s. 8, Art. II of the State Constitution or s.

2285 112.3144 shall file a statement of financial interests under s.

2286 112.3145. The executive director or designated person

2287 responsible for the operational and administrative functions of

2288 the local board who is not otherwise required to file a full and

2289 public disclosure of financial interests under s. 8, Art. II of

2290 the State Constitution or s. 112.3144 shall file a statement of

2291 financial interests under s. 112.3145. The local board's

2292 website, or the department's website if the local board does not

2293 maintain a website, must inform the public that each disclosure

2294 or statement has been filed with the Commission on Ethics and

2295 provide information how each disclosure or statement may be

2296 reviewed. The notice to the public must remain on the website

2297 throughout the term of office or employment of the filer and

2298 until 1 year after the term on the local board or employment

2299 ends.

2300 ~~(8) The importance of minority and gender representation~~

2301 ~~shall be considered when appointments are made to any committee~~

2302 ~~established by the local workforce development board.~~

2303 Section 61. Subsection (12) of section 446.041, Florida

2304 Statutes, is amended to read:

2305 446.041 Duties of the department.—The department shall:

2306 ~~(12) Ensure that minority and gender diversity are~~

2307 ~~considered in administering this program.~~

2308 Section 62. Section 473.3065, Florida Statutes, is amended

2309 to read:

2310 473.3065 Clay Ford Scholarship Program; Certified Public

2311 Accountant Education Opportunity ~~Minority~~ Assistance Advisory

2312 Council.—

2313 (1) The Clay Ford Scholarship Program for Florida

2314 residents is hereby established in the division for the purpose

2315 of providing scholarships to ~~minority persons as defined in s.~~

2316 ~~288.703 who are~~ students enrolled in their fifth year of an

2317 accounting education program at an institution in this state

2318 approved by the board by rule. A Certified Public Accountant

2319 Education Opportunity ~~Minority~~ Assistance Advisory Council shall

2320 assist the board in administering the program.

2321 (2) All moneys used to provide scholarships under the Clay

2322 Ford Scholarship Program shall be funded by a portion of

2323 existing license fees, as set by the board, not to exceed $10

2324 per license. Such moneys shall be deposited into the

2325 Professional Regulation Trust Fund in a separate account

2326 maintained for that purpose. The department may spend up to

2327 $200,000 per year for the program from this program account but

2328 may not allocate overhead charges to it. Moneys for scholarships

2329 shall be disbursed twice per year upon recommendation of the

2330 advisory council and approval by the board, based on the adopted

2331 eligibility criteria and comparative evaluation of all

2332 applicants. Funds in the program account may be invested by the

2333 Chief Financial Officer under the same limitations as apply to

2334 investment of other state funds, and all interest earned thereon

2335 shall be credited to the program account.

2336 (3) The board shall adopt rules as necessary for

2337 administration of the Clay Ford Scholarship Program, including

2338 rules relating to the following:

2339 (a) Eligibility criteria for receipt of a scholarship,

2340 which, at a minimum, shall include the following factors:

2341 1. Financial need.

2342 ~~2. Ethnic, gender, or racial minority status pursuant to~~

2343 ~~s. 288.703(4).~~

2344 2.3. Scholastic ability and performance.

2345 (b) Scholarship application procedures.

2346 (c) Amounts in which scholarships may be provided, the

2347 total amount that may be provided, the timeframe for payments or

2348 partial payments, and criteria for how scholarship funds may be

2349 expended.

2350 (d) The total amount of scholarships that can be made each

2351 year.

2352 (e) The minimum balance that must be maintained in the

2353 program account.

2354 (4) Determinations made by the board regarding recipients

2355 of scholarship moneys shall not be considered agency action for

2356 purposes of chapter 120.

2357 (5) It is unlawful for any person or agent of such person

2358 to knowingly file with the board any notice, statement, or other

2359 document that is false or that contains any material

2360 misstatement of fact. A person who violates this subsection

2361 commits a misdemeanor of the second degree, punishable as

2362 provided in s. 775.082 or s. 775.083.

2363 (6) There is hereby created the Certified Public

2364 Accountant Education Opportunity ~~Minority~~ Assistance Advisory

2365 Council to assist the board in administering the Clay Ford

2366 Scholarship Program. ~~The council shall be diverse and~~

2367 ~~representative of the gender, ethnic, and racial categories set~~

2368 ~~forth in s. 288.703(4).~~

2369 (a) The council shall consist of five licensed Florida-

2370 certified public accountants selected by the board, of whom one

2371 shall be a board member who serves as chair of the council, ~~one~~

2372 ~~shall be a representative of the National Association of Black~~

2373 ~~Accountants, one shall be a representative of the Cuban American~~

2374 ~~CPA Association, and two shall be selected at large. At least~~

2375 ~~one member of the council must be a woman.~~

2376 (b) The board shall determine the terms for initial

2377 appointments and appointments thereafter.

2378 (c) ~~Any vacancy on the council shall be filled in the~~

2379 ~~manner provided for the selection of the initial member.~~ Any

2380 member appointed to fill a vacancy of an unexpired term shall be

2381 appointed for the remainder of that term.

2382 (d) Three consecutive absences or absences constituting 50

2383 percent or more of the council's meetings within any 12-month

2384 period shall cause the council membership of the member in

2385 question to become void, and the position shall be considered

2386 vacant.

2387 (e) The members of the council shall serve without

2388 compensation, and any necessary and actual expenses incurred by

2389 a member while engaged in the business of the council shall be

2390 borne by such member or by the organization or agency such

2391 member represents. However, the council member who is a member

2392 of the board shall be compensated in accordance with ss.

2393 455.207(4) and 112.061.

2394 Section 63. Subsection (4) of section 489.111, Florida

2395 Statutes, is amended to read:

2396 489.111 Licensure by examination.—

2397 ~~(4) The department shall ensure that a sensitivity review~~

2398 ~~committee has been established including representatives of~~

2399 ~~various ethnic/minority groups. No question found by this~~

2400 ~~committee to be discriminatory against any ethnic/minority group~~

2401 ~~shall be included in the examination.~~

2402 Section 64. Subsection (42) of section 570.07, Florida

2403 Statutes, is amended to read:

2404 570.07 Department of Agriculture and Consumer Services;

2405 functions, powers, and duties.—The department shall have and

2406 exercise the following functions, powers, and duties:

2407 (42) Notwithstanding the provisions of s. 287.057(22) s.

2408 ~~287.057(24)~~ that require all agencies to use the online

2409 procurement system developed by the Department of Management

2410 Services, the department may continue to use its own online

2411 system. However, vendors utilizing such system shall be

2412 prequalified as meeting mandatory requirements and

2413 qualifications and shall remit fees pursuant to s. 287.057(22)

2414 ~~s. 287.057(24),~~ and any rules implementing s. 287.057. Section 65. Subsection (2) of section 616.255, Florida

2416 Statutes, is amended to read:

2417 616.255 Duties of authority; Florida State Fairgrounds.—

2418 The authority shall:

2419 (2) Throughout each year, promote the progress of the

2420 state and stimulate public interest in the advantages and

2421 development of the state by providing facilities for

2422 agricultural and industrial exhibitions, public gatherings,

2423 cultural activities, and other functions intended to advance the

2424 educational, physical, economic, and cultural interests of the

2425 public. It is the intent of the Legislature that the authority,

2426 when contracting for concessions at functions held pursuant to

2427 this subsection, give consideration to increasing the number of

2428 concessionaires that are small ~~minority~~ businesses.

2429 Section 66. Subsection (2) of section 616.256, Florida Statutes, is amended to read:

2431 616.256 Powers of authority.—

2432 (2) It is the intent of the Legislature that the

2433 authority, when contracting for the acquisition of personal

2434 property or services pursuant to this section, give

2435 consideration to increasing the number of contractors that are

2436 small ~~minority~~ businesses.

2437 Section 67. Paragraph (e) of subsection (6) of section

2438 627.351, Florida Statutes, is amended to read:

2439 627.351 Insurance risk apportionment plans.—

2440 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—

2441 (e) The corporation is subject to s. 287.057 for the

2442 purchase of commodities and contractual services except as

2443 otherwise provided in this paragraph. Services provided by

2444 tradepersons or technical experts to assist a licensed adjuster

2445 in the evaluation of individual claims are not subject to the

2446 procurement requirements of this section. Additionally, the

2447 procurement of financial services providers and underwriters

2448 must be made pursuant to s. 627.3513. Contracts for goods or

2449 services valued at or more than $100,000 are subject to approval

2450 by the board.

2451 1. The corporation is an agency for purposes of s.

2452 287.057, except that, for purposes of s. 287.057(22) s.

2453 ~~287.057(24),~~ the corporation is an eligible user.

2454 a. The authority of the Department of Management Services

2455 and the Chief Financial Officer under s. 287.057 extends to the

2456 corporation as if the corporation were an agency.

2457 b. The executive director of the corporation is the agency

2458 head under s. 287.057. The executive director of the corporation

2459 may assign or appoint a designee to act on his or her behalf.

2460 2. The corporation must provide notice of a decision or

2461 intended decision concerning a solicitation, contract award, or

2462 exceptional purchase by electronic posting. Such notice must

2463 contain the following statement: "Failure to file a protest

2464 within the time prescribed in this section constitutes a waiver

2465 of proceedings."

2466 a. A person adversely affected by the corporation's

2467 decision or intended decision to award a contract pursuant to s.

2468 287.057(1) or (3)(c) who elects to challenge the decision must

2469 file a written notice of protest with the executive director of

2470 the corporation within 72 hours after the corporation posts a

2471 notice of its decision or intended decision. For a protest of

2472 the terms, conditions, and specifications contained in a

2473 solicitation, including provisions governing the methods for

2474 ranking bids, proposals, replies, awarding contracts, reserving

2475 rights of further negotiation, or modifying or amending any

2476 contract, the notice of protest must be filed in writing within

2477 72 hours after posting the solicitation. Saturdays, Sundays, and

2478 state holidays are excluded in the computation of the 72-hour

2479 time period.

2480 b. A formal written protest must be filed within 10 days

2481 after the date the notice of protest is filed. The formal

2482 written protest must state with particularity the facts and law

2483 upon which the protest is based. Upon receipt of a formal

2484 written protest that has been timely filed, the corporation must

2485 stop the solicitation or contract award process until the

2486 subject of the protest is resolved by final board action unless

2487 the executive director sets forth in writing particular facts

2488 and circumstances that require the continuance of the

2489 solicitation or contract award process without delay in order to

2490 avoid an immediate and serious danger to the public health,

2491 safety, or welfare.

2492 (I) The corporation must provide an opportunity to resolve

2493 the protest by mutual agreement between the parties within 7

2494 business days after receipt of the formal written protest.

2495 (II) If the subject of a protest is not resolved by mutual

2496 agreement within 7 business days, the corporation's board must

2497 transmit the protest to the Division of Administrative Hearings

2498 and contract with the division to conduct a hearing to determine

2499 the merits of the protest and to issue a recommended order. The

2500 contract must provide for the corporation to reimburse the

2501 division for any costs incurred by the division for court

2502 reporters, transcript preparation, travel, facility rental, and

2503 other customary hearing costs in the manner set forth in s.

2504 120.65(9). The division has jurisdiction to determine the facts

2505 and law concerning the protest and to issue a recommended order.

2506 The division's rules and procedures apply to these proceedings.

2507 The protest must be heard by the division at a publicly noticed

2508 meeting in accordance with procedures established by the

2509 division.

2510 c. In a protest of an invitation-to-bid or request-for-

2511 proposals procurement, submissions made after the bid or

2512 proposal opening which amend or supplement the bid or proposal

2513 may not be considered. In protesting an invitation-to-negotiate

2514 procurement, submissions made after the corporation announces

2515 its intent to award a contract, reject all replies, or withdraw

2516 the solicitation that amends or supplements the reply may not be

2517 considered. Unless otherwise provided by law, the burden of

2518 proof rests with the party protesting the corporation's action.

2519 In a competitive-procurement protest, other than a rejection of

2520 all bids, proposals, or replies, the administrative law judge

2521 must conduct a de novo proceeding to determine whether the

2522 corporation's proposed action is contrary to the corporation's

2523 governing statutes, the corporation's rules or policies, or the

2524 solicitation specifications. The standard of proof for the

2525 proceeding is whether the corporation's action was clearly

2526 erroneous, contrary to competition, arbitrary, or capricious. In

2527 any bid-protest proceeding contesting an intended corporation

2528 action to reject all bids, proposals, or replies, the standard

2529 of review by the board is whether the corporation's intended

2530 action is illegal, arbitrary, dishonest, or fraudulent.

2531 d. Failure to file a notice of protest or failure to file

2532 a formal written protest constitutes a waiver of proceedings.

2533 3. The agency head or his or her designee shall consider

2534 the recommended order of an administrative law judge and take

2535 final action on the protest. Any further legal remedy lies with

2536 the First District Court of Appeal.

2537 Section 68. Subsection (7) of section 627.3511, Florida

2538 Statutes, is amended to read:

2539 627.3511 Depopulation of Citizens Property Insurance

2540 Corporation.—

2541 ~~(7) A minority business, which is at least 51 percent~~

2542 ~~owned by minority persons as described in s. 288.703, desiring~~

2543 ~~to operate or become licensed as a property and casualty insurer~~

2544 ~~may exempt up to $50 of the escrow requirements of the take-out~~

2545 ~~bonus, as described in this section. Such minority business,~~

2546 ~~which has applied for a certificate of authority to engage in~~

2547 ~~business as a property and casualty insurer, may simultaneously~~

2548 ~~file the business' proposed take-out plan, as described in this~~

2549 ~~section, with the corporation.~~

2550 Section 69. Section 641.217, Florida Statutes, is

2551 repealed.

2552 Section 70. Part IV of chapter 760, Florida Statutes,

2553 consisting of section 760.80, Florida Statutes, is repealed, and

2554 part V of that chapter is redesignated as part IV of that

2555 chapter.

2556 Section 71. Paragraph (k) of subsection (1) of section

2557 1001.216, Florida Statutes, is amended to read:

2558 1001.216 Council on the Social Status of Black Men and

2559 Boys.—

2560 (1) The Council on the Social Status of Black Men and Boys

2561 is established within Florida Memorial University and shall be

2562 composed of 19 members appointed as follows:

2563 (k) A businessperson who is an African American, as

2564 ~~defined in s. 760.80(2)(a),~~ appointed by the Governor. Section 72. Paragraph (d) of subsection (7) of section

2566 1001.706, Florida Statutes, is amended to read:

2567 1001.706 Powers and duties of the Board of Governors.—

2568 (7) POWERS AND DUTIES RELATING TO PROPERTY.—

2569 ~~(d) The Board of Governors, or the board's designee, shall~~

2570 ~~ensure compliance with the provisions of s. 287.09451 for all~~

2571 ~~procurement and ss. 255.101 and 255.102 for construction~~

2572 ~~contracts, and rules adopted pursuant thereto, relating to the~~

2573 ~~utilization of minority business enterprises, except that~~

2574 ~~procurements costing less than the amount provided for in~~

2575 ~~CATEGORY FIVE as provided in s. 287.017 shall not be subject to~~

2576 ~~s. 287.09451.~~

2577 Section 73. Subsections (1) and (10) of section 1004.42,

2578 Florida Statutes, are amended to read:

2579 1004.42 Florida State University College of Medicine.—

2580 (1) CREATION.—There is hereby established a 4-year

2581 allopathic medical school within the Florida State University,

2582 to be known as the Florida State University College of Medicine,

2583 with a principal focus on recruiting and training medical

2584 professionals to meet the primary health care needs of the

2585 state, especially the needs of the state's elderly, rural,

2586 ~~minority,~~ and other underserved citizens.

2587 (10) INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.—

2588 To increase the participation of underrepresented groups and

2589 socially and economically disadvantaged youth in science and

2590 medical programs, the College of Medicine shall ~~continue the~~

2591 ~~outreach efforts of the Program in Medical Sciences (PIMS) to~~

2592 ~~middle and high school minority students, including the Science~~

2593 ~~Students Together Reaching Instructional Diversity and~~

2594 ~~Excellence (SSTRIDE), and shall~~ build an endowment income to

2595 support recruitment programs and scholarship and financial aid

2596 packages for these students. To develop a base of qualified

2597 potential medical school candidates from underrepresented

2598 groups, the College of Medicine shall coordinate with the

2599 undergraduate premedical and science programs currently offered

2600 at the Florida State University, develop relationships with

2601 potential feeder institutions, including 4-year institutions and

2602 community colleges, and pursue grant funds to support programs,

2603 as well as support scholarship and financial aid packages. The

2604 College of Medicine shall develop plans for a postbaccalaureate,

2605 1-year academic program that provides a second chance to a

2606 limited number of students per year who have been declined

2607 medical school admission, who are state residents, and who meet

2608 established criteria as socially and economically disadvantaged.

2609 The College of Medicine shall make every effort, through

2610 recruitment and retention, to employ a faculty and support staff

2611 that reflect the heterogeneous nature of the state's general

2612 population.

2613 Section 74. Paragraph (a) of subsection (4) of section

2614 1004.435, Florida Statutes, is amended to read:

2615 1004.435 Cancer control and research.—

2616 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;

2617 CREATION; COMPOSITION.—

2618 (a) There is created within the H. Lee Moffitt Cancer

2619 Center and Research Institute, Inc., the Florida Cancer Control

2620 and Research Advisory Council. The council shall consist of 16

2621 members, which includes the chairperson, all of whom must be

2622 residents of this state. The State Surgeon General or his or her

2623 designee within the Department of Health shall be one of the 16

2624 members. Members, except those appointed by the Governor, the

2625 Speaker of the House of Representatives, or the President of the

2626 Senate, must be appointed by the chief executive officer of the

2627 institution or organization represented, or his or her designee.

2628 One member must be a representative of the American Cancer

2629 Society; one member must be a representative of the Sylvester

2630 Comprehensive Cancer Center of the University of Miami; one

2631 member must be a representative of the University of Florida

2632 Shands Cancer Center; one member must be a representative of the

2633 Florida Nurses Association who specializes in the field of

2634 oncology and is not from an institution or organization already

2635 represented on the council; one member must be a representative

2636 of the Florida Osteopathic Medical Association who specializes

2637 in the field of oncology; one member must be a member of the

2638 Florida Medical Association who specializes in the field of

2639 oncology and who represents a cancer center not already

2640 represented on the council; one member must be a representative

2641 of the H. Lee Moffitt Cancer Center and Research Institute,

2642 Inc.; one member must be a representative of the Mayo Clinic in

2643 Jacksonville; one member must be a member of the Florida

2644 Hospital Association who specializes in the field of oncology

2645 and who represents a comprehensive cancer center not already

2646 represented on the council; one member must be a representative

2647 of the Association of Community Cancer Centers; one member must

2648 specialize in pediatric oncology research or clinical care

2649 appointed by the Governor; one member must specialize in

2650 oncology clinical care or research appointed by the President of

2651 the Senate; one member must be a current or former cancer

2652 patient or a current or former caregiver to a cancer patient

2653 appointed by the Speaker of the House of Representatives; one

2654 member must be a member of the House of Representatives

2655 appointed by the Speaker of the House of Representatives; and

2656 one member must be a member of the Senate appointed by the

2657 President of the Senate. ~~At least four of the members must be~~

2658 ~~individuals who are minority persons as defined by s. 288.703.~~

2659 Section 75. Paragraph (c) of subsection (1) of section

2660 1013.46, Florida Statutes, is amended to read:

2661 1013.46 Advertising and awarding contracts;

2662 prequalification of contractor.—

2663 (1)

2664 ~~(c) As an option, any county, municipality, or board may~~

2665 ~~set aside up to 10 percent of the total amount of funds~~

2666 ~~allocated for the purpose of entering into construction capital~~

2667 ~~project contracts with minority business enterprises, as defined~~

2668 ~~in s. 287.094. Such contracts shall be competitively bid only~~

2669 ~~among minority business enterprises. The set-aside shall be used~~

2670 ~~to redress present effects of past discriminatory practices and~~

2671 ~~shall be subject to periodic reassessment to account for~~

2672 ~~changing needs and circumstances.~~

2673 Section 76. This act shall take effect July 1, 2026.