SB 1662 full text · Session Watch

Florida Senate - 2026 SB 1662 By Senator McClain 9-00732C-26 20261662__

1 A bill to be entitled

2 An act relating to prohibited preferences; amending s.

3 16.71, F.S.; deleting a provision requiring the

4 Governor to consider appointees to the Florida Gaming

5 Control Commission who reflect Florida’s racial,

6 ethnic, and gender diversity; amending s. 17.11, F.S.;

7 revising the information required to be reported

8 periodically by the Chief Financial Officer;

9 conforming provisions to changes made by the act;

10 repealing s. 24.113, F.S., relating to minority

11 participation; amending s. 110.112, F.S.; revising

12 state policy; prohibiting executive agencies from

13 using racial or gender set-asides, preferences, or

14 quotas when making certain decisions; deleting

15 provisions requiring state entities to develop and

16 implement affirmative action plans; amending s.

17 110.211, F.S.; revising a phrase that is required to

18 be included in all recruitment literature for state

19 position vacancies; amending s. 110.605, F.S.;

20 deleting a provision requiring the Department of

21 Management Services to develop a certain program of

22 affirmative and positive actions; repealing s.

23 255.101, F.S., relating to utilization of minority

24 business enterprises in contracts for public

25 construction works; repealing s. 255.102, F.S.,

26 relating to contractor utilization of minority

27 business enterprises; amending s. 255.20, F.S.;

28 revising factors local governments are authorized to

29 consider in making decisions regarding local bids and

30 contracts for public construction works; amending s.

31 287.012, F.S.; deleting the definition of the term

32 “minority business enterprise”; conforming provisions

33 to changes made by the act; amending s. 287.042, F.S.;

34 revising the powers, duties, and functions of the

35 Department of Management Services to delete provisions

36 regarding the Office of Supplier Diversity; amending

37 s. 287.055, F.S.; revising the criteria each agency

38 uses to evaluate professional services; revising the

39 criteria used to determine whether a firm is qualified

40 to provide such services; amending s. 287.057, F.S.;

41 deleting a provision authorizing the Office of

42 Supplier Diversity to request certain information from

43 agencies; deleting provisions authorizing agencies to

44 reserve contracts for competitive solicitation among

45 certified minority business enterprises; deleting a

46 provision requiring agencies to enter into a contract

47 with a certified minority business enterprise under a

48 specified condition; amending s. 287.059, F.S.;

49 deleting a provision encouraging agencies to use a

50 firm’s minority status when selecting outside firms

51 for attorney services; repealing s. 287.093, F.S.,

52 relating to minority business enterprises and

53 procurement of personal property and services from

54 funds set aside for such purpose; repealing s.

55 287.0931, F.S., relating to minority business

56 enterprise participation in bond underwriting;

57 repealing s. 287.0943, F.S., relating to certification

58 of minority business enterprises; repealing s.

59 287.09431, F.S., relating to statewide and interlocal

60 agreement on certification of business concerns for

61 the status of minority business enterprise; amending

62 s. 287.09451, F.S.; deleting legislative findings;

63 renaming the Office of Supplier Diversity as the

64 Office of Supplier Development; revising the purpose

65 of the office; revising the powers, duties, and

66 functions of the office; deleting provisions providing

67 a process for the Office of Supplier Diversity to

68 assist minority business enterprises in the state

69 procurement process; deleting provisions requiring

70 each state agency to coordinate its minority business

71 enterprise procurement with the office; repealing s.

72 287.0947, F.S., relating to the Florida Advisory

73 Council on Small and Minority Business Development;

74 amending s. 288.001, F.S.; deleting a provision

75 requiring consideration of minority and gender

76 representation when making appointments to the

77 statewide advisory board for the Florida Small

78 Business Development Center Network; repealing s.

79 288.1167, F.S., relating to sports franchise contract

80 provisions for food and beverage concession and

81 contract awards to minority business enterprises;

82 amending s. 288.1229, F.S.; deleting a requirement

83 that the board membership of the Florida Sports

84 Foundation represent ethnic and gender diversity;

85 amending s. 288.124, F.S.; deleting provisions

86 requiring that preferences be given to specified

87 entities seeking to attract minority conventions to

88 Florida; amending s. 288.7015, F.S.; revising the

89 duties of the rules ombudsman regarding reviewing

90 state agency rules that adversely or

91 disproportionately impact businesses; amending s.

92 288.703, F.S.; deleting the definitions of the terms

93 “certified minority business enterprise” and “minority

94 business enterprise”; revising the definition of the

95 term “ombudsman”; amending s. 288.7031, F.S.;

96 conforming provisions to changes made by the act;

97 amending s. 288.776, F.S.; deleting a requirement that

98 minority and gender representation be considered for

99 appointments to the board of directors of the Florida

100 Export Finance Corporation; amending s. 290.0057,

101 F.S.; revising requirements for strategic plans that

102 accompany an application for designating a new

103 enterprise zone; amending s. 290.046, F.S.; revising

104 factors that may be taken into consideration when

105 scoring certain applications for grants; amending s.

106 320.63, F.S.; deleting a requirement that applicants

107 or licensees for certain licenses report annually to

108 the Department of Business and Professional Regulation

109 on efforts to add minority dealer points; amending s.

110 376.84, F.S.; deleting a provision authorizing

111 financial and local incentives for brownfield

112 redevelopment to include certain minority business

113 enterprise programs; amending s. 383.216, F.S.;

114 deleting a requirement that each prenatal and infant

115 health care coalition represent the racial, ethnic,

116 and gender composition of the community; repealing s.

117 395.807, F.S., relating to retention of family

118 practice residents; amending s. 409.901, F.S.;

119 deleting the definition of the term “minority

120 physician network”; amending s. 409.920, F.S.;

121 revising the definition of the term “managed care

122 plans”; amending s. 430.502, F.S.; revising criteria

123 on which incentive funding of memory disorder clinics

124 is based; amending s. 440.45, F.S.; revising the

125 composition of the statewide nominating commission for

126 judges of compensation claims to no longer require

127 members from minority groups; amending s. 445.007,

128 F.S.; deleting provisions requiring consideration of

129 the importance of minority and gender representation

130 for local workforce development boards and committees

131 established by such boards; amending s. 446.041, F.S.;

132 revising the duties of the Department of Commerce to

133 no longer ensure consideration of minority and gender

134 diversity in a certain program; amending s. 489.111,

135 F.S.; deleting provisions relating to the Department

136 of Business and Professional Regulation establishing

137 certain sensitivity review committees; amending s.

138 627.3511, F.S.; deleting provisions authorizing

139 certain property or casualty insurers to exempt a

140 specified amount from escrow requirements and to

141 simultaneously file the proposed take-out plan with

142 the Citizens Property Insurance Corporation; repealing

143 s. 641.217, F.S., relating to required minority

144 recruitment and retention plans; revising the title of

145 chapter 760, F.S.; repealing s. 760.80, F.S., relating

146 to minority representation on boards, commissions,

147 councils, and committees; redesignating part V of

148 chapter 760, F.S., Environmental Equity and Justice,

149 as part IV of that chapter; amending s. 1001.706,

150 F.S.; deleting provisions requiring the Board of

151 Governors of the State University System to ensure

152 compliance with specified procurement provisions and

153 rules; amending s. 1004.42, F.S.; deleting a

154 requirement of the Florida State University College of

155 Medicine to continue specified outreach efforts to

156 middle and high school minority students; amending s.

157 1004.435, F.S.; revising membership criteria for the

158 Florida Cancer Control and Research Advisory Council;

159 repealing s. 1007.34, F.S., relating to the college

160 reach-out program; repealing s. 1007.35, F.S.,

161 relating to the Florida Partnership for Minority and

162 Underrepresented Student Achievement Act; repealing s.

163 1011.86, F.S., relating to educational leadership

164 enhancement grants; amending s. 1013.46, F.S.;

165 deleting provisions authorizing counties,

166 municipalities, and boards to set aside a specified

167 percentage of funds allocated for the purpose of

168 entering into construction capital project contracts

169 with minority business enterprises; amending ss.

170 43.16, 212.096, 215.971, 282.201, 282.709, 286.101,

171 287.0571, 288.0001, 288.706, 290.004, 295.187, 337.11,

172 339.63, 376.3072, 381.986, 394.47865, 402.7305,

173 408.045, 409.910, 570.07, 627.351, 1001.216, 1007.27,

174 1008.23, and 1008.24, F.S.; conforming cross

175 references and provisions to changes made by the act;

176 reenacting s. 311.07(4), F.S., relating to Florida

177 seaport transportation and economic development

178 funding, to incorporate the amendment made to s.

179 110.112, F.S., in a reference thereto; providing an

180 effective date.

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

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

185 16.71, Florida Statutes, is amended to read:

186 16.71 Florida Gaming Control Commission; creation;

187 meetings; membership.—

188 (2) MEMBERSHIP.—

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

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

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

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

193 ~~reflect Florida’s racial, ethnic, and gender diversity.~~ Of the

194 initial five members appointed by the Governor, and immediately

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

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

197 chair. At the end of the initial chair’s and vice chair’s terms

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

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

200 the commission as vice chair.

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

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

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

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

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

206 least 10 years of experience in law enforcement and criminal

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

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

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

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

211 this state for at least the preceding 10 years.

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

213 Statutes, is amended to read:

214 17.11 To report disbursements made.—

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

216 reported from the Florida Accounting Information Resource

217 Subsystem no less than quarterly the disbursements which

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

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

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

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

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

223 This information must ~~shall~~ be made available to the agencies,

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

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

226 Representatives. Each agency is ~~shall be~~ responsible for the

227 accuracy of information entered into the Florida Accounting

228 Information Resource Subsystem for use in this reporting.

229 Section 3. Section 24.113, Florida Statutes, is repealed.

230 Section 4. Section 110.112, Florida Statutes, is amended to

231 read:

232 110.112 ~~Affirmative action;~~ Equal employment opportunity.—

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

234 opportunities in employment. Discrimination in employment

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

236 prohibited. Executive agencies may not use racial or gender set

237 asides, preferences, or quotas when making decisions regarding

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

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

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

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

242 ~~have a disability~~ .

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

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

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

246 ~~Administration Commission before their adoption.~~

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

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

249 ~~agency’s workforce, including women, minorities, and individuals~~

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

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

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

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

254 ~~department regarding the agency’s progress toward increasing~~

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

256 ~~disability.~~

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

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

259 ~~The affirmative action-equal employment opportunity officer’s~~

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

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

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

263 ~~corrective action.~~

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

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

266 ~~updating, and results of each executive agency’s affirmative~~

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

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

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

270 ~~who have a disability.~~

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

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

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

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

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

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

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

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

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

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

281 ~~(3)(a)~~ The department, in consultation with the Agency for

282 Persons with Disabilities, the Division of Vocational

283 Rehabilitation and the Division of Blind Services of the

284 Department of Education, the Department of Commerce, and the

285 Executive Office of the Governor, shall develop and implement

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

287 training, unpaid work experience, situational assessments, and

288 other innovative strategies that are specifically geared toward

289 individuals who have a disability.

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

291 mandatory training programs for human resources personnel and

292 hiring managers of executive agencies which support the

293 employment of individuals who have a disability.

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

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

296 employment opportunities for individuals who have a disability.

297 2. The department shall assist executive agencies in the

298 implementation of agency-specific plans. The department shall

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

300 and the Speaker of the House of Representatives the progress of

301 executive agencies in implementing these plans. Such reports

302 must ~~shall~~ be made at least biannually.

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

304 practices of executive agencies with regard to individuals who

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

306 (e) The department shall assist executive agencies in

307 identifying and implementing strategies for retaining employees

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

309 training programs, funding reasonable accommodations, increasing

310 access to appropriate technologies, and ensuring accessibility

311 of physical and virtual workplaces.

312 (f) The department shall adopt rules relating to forms that

313 provide for the voluntary self-identification of individuals who

314 have a disability and are employed by an executive agency.

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

316 procedural right or benefit enforceable at law or in equity

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

318 agent thereof.

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

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

321 ~~(b) Establish annual goals for ensuring full utilization of~~

322 ~~groups underrepresented in its workforce as compared to the~~

323 ~~relevant labor market in this state. The state attorneys’ and~~

324 ~~public defenders’ affirmative action plans must be designed to~~

325 ~~meet the established goals.~~

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

327 ~~opportunity officer.~~

328 (3) ~~(5)~~ The state, its agencies and officers shall ensure

329 freedom from discrimination in employment as provided by the

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

331 chapter.

332 (4) ~~(6)~~ Any individual claiming to be aggrieved by an

333 unlawful employment practice may file a complaint with the

334 Florida Commission on Human Relations as provided by s. 760.11.

335 (5) ~~(7)~~ The department shall review and monitor executive

336 agency actions in carrying out the rules adopted by the

337 department pursuant to this section.

338 Section 5. Subsection (4) of section 110.211, Florida

339 Statutes, is amended to read:

340 110.211 Recruitment.—

341 (4) All recruitment literature involving state position

342 vacancies must ~~shall~~ contain the phrase “An Equal Opportunity

343 ~~Employer/Affirmative Action~~ Employer.”

344 Section 6. Paragraph (d) of subsection (1) of section

345 110.605, Florida Statutes, is amended to read:

346 110.605 Powers and duties; personnel rules, records,

347 reports, and performance appraisal.—

348 (1) The department shall adopt and administer uniform

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

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

351 rules and procedures relating to personnel administration which

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

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

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

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

356 Section 7. Section 255.101, Florida Statutes, is repealed.

357 Section 8. Section 255.102, Florida Statutes, is repealed.

358 Section 9. Paragraph (c) of subsection (1) of section

359 255.20, Florida Statutes, is amended to read:

360 255.20 Local bids and contracts for public construction

361 works; specification of state-produced lumber.—

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

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

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

365 public construction works must competitively award to an

366 appropriately licensed contractor each project that is estimated

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

368 government must competitively award to an appropriately licensed

369 contractor each project that is estimated to cost more than

370 $75,000. As used in this section, the term “competitively award”

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

372 proposals submitted in response to a request for proposal,

373 proposals submitted in response to a request for qualifications,

374 or proposals submitted for competitive negotiation. This

375 subsection expressly allows contracts for construction

376 management services, design/build contracts, continuation

377 contracts based on unit prices, and any other contract

378 arrangement with a private sector contractor permitted by any

379 applicable municipal or county ordinance, by district

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

381 includes employee compensation and benefits, except inmate

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

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

384 of the project, including materials purchased by the local

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

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

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

388 special district, or other political subdivision may establish,

389 by municipal or county ordinance or special district resolution,

390 procedures for conducting the bidding process.

391 (c) ~~The provisions of~~ This subsection does do not apply:

392 1. If the project is undertaken to replace, reconstruct, or

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

394 construction works damaged or destroyed by a sudden unexpected

395 turn of events such as an act of God, riot, fire, flood,

396 accident, or other urgent circumstances, and such damage or

397 destruction creates:

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

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

400 emergency government action; or

401 c. An interruption of an essential governmental service.

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

403 applicable ordinance or resolution, the governmental entity does

404 not receive any responsive bids or proposals.

405 3. To construction, remodeling, repair, or improvement to a

406 public electric or gas utility system if such work on the public

407 utility system is performed by personnel of the system.

408 4. To construction, remodeling, repair, or improvement by a

409 utility commission whose major contracts are to construct and

410 operate a public electric utility system.

411 5. If the project is undertaken as repair or maintenance of

412 an existing public facility. For the purposes of this paragraph,

413 the term “repair” means a corrective action to restore an

414 existing public facility to a safe and functional condition and

415 the term “maintenance” means a preventive or corrective action

416 to maintain an existing public facility in an operational state

417 or to preserve the facility from failure or decline. Repair or

418 maintenance includes activities that are necessarily incidental

419 to repairing or maintaining the facility. Repair or maintenance

420 does not include the construction of any new building,

421 structure, or other public construction works or any substantial

422 addition, extension, or upgrade to an existing public facility.

423 Such additions, extensions, or upgrades are ~~shall be~~ considered

424 substantial if the estimated cost of the additions, extensions,

425 or upgrades included as part of the repair or maintenance

426 project exceeds the threshold amount in subsection (1) and

427 exceeds 20 percent of the estimated total cost of the repair or

428 maintenance project fully accounting for all costs associated

429 with performing and completing the work, including employee

430 compensation and benefits, equipment cost and maintenance,

431 insurance costs, and the cost of direct materials to be used in

432 the construction of the project, including materials purchased

433 by the local government, and other direct costs, plus a factor

434 of 20 percent for management, overhead, and other indirect

435 costs. An addition, extension, or upgrade may ~~shall~~ not be

436 considered substantial if it is undertaken pursuant to the

437 conditions specified in subparagraph 1. Repair and maintenance

438 projects and any related additions, extensions, or upgrades may

439 not be divided into multiple projects for the purpose of evading

440 the requirements of this subparagraph.

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

442 public educational program.

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

444 or lost because the time required to competitively award the

445 project after the funds become available exceeds the time within

446 which the funding source must be spent.

447 8. If the local government competitively awarded a project

448 to a private sector contractor and the contractor abandoned the

449 project before completion or the local government terminated the

450 contract.

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

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

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

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

455 public’s best interest to perform the project using its own

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

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

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

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

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

461 associated with performing and completing the work, including

462 employee compensation and benefits, equipment cost and

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

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

465 materials purchased by the local government, and other direct

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

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

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

469 public’s best interest to perform the project using the local

470 government’s own services, employees, and equipment. Upon

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

472 local government shall make available for public inspection,

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

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

475 estimated cost of the project and documentation explaining the

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

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

478 awarded the project had the project been competitively bid must

479 ~~shall~~ be provided with a reasonable opportunity to present

480 evidence to the governing board regarding the project and the

481 accuracy of the local government’s estimated cost of the

482 project. In deciding whether it is in the public’s best interest

483 for the local government to perform a project using its own

484 services, employees, and equipment, the governing board shall

485 ~~must~~ consider the estimated cost of the project fully accounting

486 for all costs associated with performing and completing the

487 work, including employee compensation and benefits, equipment

488 cost and maintenance, insurance costs, and the cost of direct

489 materials to be used in the construction of the project,

490 including materials purchased by the local government, and other

491 direct costs, plus a factor of 20 percent for management,

492 overhead, and other indirect costs, and the accuracy of the

493 estimated cost in light of any other information that may be

494 presented at the public meeting and whether the project requires

495 an increase in the number of government employees or an increase

496 in capital expenditures for public facilities, equipment, or

497 other capital assets. The local government may further consider

498 the impact on local economic development, the impact on small

499 ~~and minority~~ business owners, the impact on state and local tax

500 revenues, whether the private sector contractors provide health

501 insurance and other benefits equivalent to those provided by the

502 local government, and any other factor relevant to what is in

503 the public’s best interest. A report summarizing completed

504 projects constructed by the local government pursuant to this

505 subsection must ~~shall~~ be publicly reviewed each year by the

506 governing body of the local government. The report must ~~shall~~

507 detail the estimated costs and the actual costs of the projects

508 constructed by the local government pursuant to this subsection.

509 The report must ~~shall~~ be made available for review by the

510 public. The Auditor General shall review the report as part of

511 his or her audits of local governments.

512 10. If the governing board of the local government

513 determines upon consideration of specific substantive criteria

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

515 the project to an appropriately licensed private sector

516 contractor pursuant to administrative procedures established by

517 and expressly set forth in a charter, an ordinance, or a

518 resolution of the local government adopted before July 1, 1994.

519 The criteria and procedures must be set out in the charter,

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

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

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

523 following occur:

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

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

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

527 the public’s best interest to award the project according to the

528 criteria and procedures established by charter, ordinance, or

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

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

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

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

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

534 public’s best interest to award the project using the criteria

535 and procedures permitted by the preexisting charter, ordinance,

536 or resolution.

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

538 competitive selection process, and the governing board finds

539 evidence that:

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

541 uniquely qualified to undertake the project because that

542 contractor is currently under contract to perform work ~~that is~~

543 affiliated with the project; or

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

545 jeopardize the funding for the project, materially increase the

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

547 health, safety, or welfare.

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

549 competitive selection process, and the published notice clearly

550 specifies the ordinance or resolution by which the private

551 sector contractor will be selected and the criteria to be

552 considered.

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

554 competitive selection process, and the architect or engineer of

555 record has provided a written recommendation that the project be

556 awarded to the private sector contractor without competitive

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

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

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

560 approval required in this paragraph.

561 11. To projects subject to chapter 336.

562 Section 10. Subsections (18) and (19) of section 287.012,

563 Florida Statutes, are amended to read:

564 287.012 Definitions.—As used in this part, the term:

565 (18) ~~“Minority business enterprise” has the same meaning as~~

566 ~~provided in s. 288.703.~~

567 ~~(19)~~ “Office” means the Office of Supplier Development

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

569 Section 11. Paragraphs (a) and (c) of subsection (2) and

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

571 Florida Statutes, are amended to read:

572 287.042 Powers, duties, and functions.—The department shall

573 have the following powers, duties, and functions:

574 (2)(a) To establish purchasing agreements and procure state

575 term contracts for commodities and contractual services,

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

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

578 department may restrict purchases from some term contracts to

579 state agencies only for those term contracts where the inclusion

580 of other governmental entities will have an adverse effect on

581 competition or to those federal facilities located in this

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

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

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

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

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

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

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

589 private nonprofit community transportation coordinator

590 designated pursuant to chapter 427, while conducting business

591 related solely to the Commission for the Transportation

592 Disadvantaged, or other local public agency under the provisions

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

594 corporation operating the correctional work programs, of

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

596 exempt from the competitive solicitation requirements otherwise

597 applying to their purchases.

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

599 intended decision pertaining to contracts administered by the

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

601 to s. 120.57(3)(b) must ~~shall~~ post with the department, the

602 water management district, or the agency at the time of filing

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

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

605 percent of the estimated contract amount. For protests of

606 decisions or intended decisions pertaining to exceptional

607 purchases, the bond must ~~shall~~ be in an amount equal to 1

608 percent of the estimated contract amount for the exceptional

609 purchase. The estimated contract amount must ~~shall~~ be based upon

610 the contract price submitted by the protestor or, if no contract

611 price was submitted, the department, water management district,

612 or agency must ~~shall~~ estimate the contract amount based on

613 factors including, but not limited to, the price of previous or

614 existing contracts for similar commodities or contractual

615 services, the amount appropriated by the Legislature for the

616 contract, or the fair market value of similar commodities or

617 contractual services. The agency shall provide the estimated

618 contract amount to the vendor within 72 hours, excluding

619 Saturdays, Sundays, and state holidays, after the filing of the

620 notice of protest by the vendor. The estimated contract amount

621 is not subject to protest pursuant to s. 120.57(3). The bond is

622 ~~shall be~~ conditioned upon the payment of all costs and charges

623 that are adjudged against the protestor in the administrative

624 hearing in which the action is brought and in any subsequent

625 appellate court proceeding. In lieu of a bond, the department,

626 the water management district, or agency may, in either case,

627 accept a cashier’s check, official bank check, or money order in

628 the amount of the bond. If, after completion of the

629 administrative hearing process and any appellate court

630 proceedings, the department, water management district, or

631 agency prevails, it shall recover all costs and charges which

632 must ~~shall~~ be included in the final order or judgment, excluding

633 attorney ~~attorney’s~~ fees. ~~This section shall not apply to~~

634 ~~protests filed by the Office of Supplier Diversity.~~ Upon payment

635 of such costs and charges by the protestor, the bond, cashier’s

636 check, official bank check, or money order must ~~shall~~ be

637 returned to the protestor. If, after the completion of the

638 administrative hearing process and any appellate court

639 proceedings, the protestor prevails, the protestor shall recover

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

641 costs and charges which must ~~shall~~ be included in the final

642 order or judgment, excluding attorney ~~attorney’s~~ fees.

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

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

645 agencies in acquiring commodities and contractual services,

646 which must ~~shall~~ include, but not be limited to:

647 (b)1. Development of procedures for advertising

648 solicitations. These procedures must provide for electronic

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

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

651 department or other agency determines in writing that a shorter

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

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

654 ~~department regarding the development of solicitation~~

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

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

657 ~~in s. 288.703.~~

658 2. Development of procedures for electronic posting. The

659 department shall designate a centralized website on the Internet

660 for the department and other agencies to electronically post

661 solicitations, decisions or intended decisions, and other

662 matters relating to procurement.

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

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

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

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

667 ~~the requirements of s. 287.09451.~~

668 Section 12. Paragraph (d) of subsection (3) and paragraph

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

670 amended to read:

671 287.055 Acquisition of professional architectural,

672 engineering, landscape architectural, or surveying and mapping

673 services; definitions; procedures; contingent fees prohibited;

674 penalties.—

675 (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES.—

676 (d) Each agency shall evaluate professional services,

677 including capabilities, adequacy of personnel, past record,

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

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

680 ~~Assistance Act,~~ and other factors determined by the agency as to

681 be applicable to its particular requirements. ~~When securing~~

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

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

684 ~~287.09451.~~

685 (4) COMPETITIVE SELECTION.—

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

687 than three firms deemed to be the most highly qualified to

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

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

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

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

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

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

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

695 of effecting an equitable distribution of contracts among

696 qualified firms, provided such distribution does not violate the

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

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

699 compensation to be paid under the contract only during

700 competitive negotiations under subsection (5).

701 Section 13. Subsections (7), (8), (12), (14), and (18) of

702 section 287.057, Florida Statutes, are amended to read:

703 287.057 Procurement of commodities or contractual

704 services.—

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

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

707 copy of each solicitation for all commodity and contractual

708 services purchases in excess of the threshold amount provided in

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

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

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

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

713 ~~subsection.~~

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

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

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

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

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

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

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

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

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

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

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

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

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

727 ~~deemed appropriate.~~

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

729 ~~among certified minority business enterprises, the agency head~~

730 ~~must find that such a reservation is in the best interests of~~

731 ~~the state. All determinations shall be subject to s.~~

732 ~~287.09451(5). Once a decision has been made to reserve a~~

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

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

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

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

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

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

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

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

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

742 ~~eligible vendors.~~

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

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

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

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

747 ~~287.09451(4) to increase the participation of minority business~~

748 ~~enterprises.~~

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

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

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

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

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

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

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

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

757 (12) ~~(14)~~ Contracts for commodities or contractual services

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

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

760 contract for commodities or contractual services must be in

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

762 forth in the initial contract and any written amendments signed

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

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

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

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

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

768 may not include any compensation for costs associated with the

769 renewal. Renewals are contingent upon satisfactory performance

770 evaluations by the agency and subject to the availability of

771 funds. Exceptional purchase contracts pursuant to paragraphs

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

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

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

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

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

777 before submitting a written report concerning contract

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

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

780 before execution of the renewal or amendment.

781 (16) ~~(18)~~ Any person who supervises contract administrators

782 or contract or grant managers that meet criteria for

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

784 public procurement training for supervisors within 12 months

785 after appointment to the supervisory position. The department is

786 responsible for establishing and disseminating the training

787 course content required for supervisors.

788 Section 14. Paragraph (c) of subsection (10) of section

789 287.059, Florida Statutes, is amended to read:

790 287.059 Private attorney services.—

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

792 when selecting outside firms for attorney services:

793 ~~(c) The firm’s minority status.~~

794 Section 15. Section 287.093, Florida Statutes, is repealed.

795 Section 16. Section 287.0931, Florida Statutes, is

796 repealed.

797 Section 17. Section 287.0943, Florida Statutes, is

798 repealed.

799 Section 18. Section 287.09431, Florida Statutes, is

800 repealed.

801 Section 19. Section 287.09451, Florida Statutes, is amended

802 to read:

803 287.09451 Office of Supplier Development ~~Diversity~~ ; powers,

804 duties, and functions.—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

820 ~~(2)~~ The Office of Supplier Development ~~Diversity~~ is

821 established within the Department of Management Services to

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

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

824 state government.

825 (2) ~~(3)~~ The secretary shall appoint an executive director

826 for the Office of Supplier Development ~~Diversity~~ , who serves

827 ~~shall serve~~ at the pleasure of the secretary.

828 (3) ~~(4)~~ The Office of Supplier Development has ~~Diversity~~

829 ~~shall have~~ the following powers, duties, and functions:

830 (a) ~~To adopt rules to determine what constitutes a “good~~

831 ~~faith effort” for purposes of state agency compliance with the~~

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

833 ~~287.042. Factors which shall be considered by the Minority~~

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

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

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

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

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

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

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

841 ~~concerning the subcontracting opportunities.~~

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

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

844 ~~minority contractors’ groups; local, state, and federal minority~~

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

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

847 ~~business enterprises or minority persons.~~

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

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

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

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

852 ~~participate effectively.~~

853 ~~(b) To adopt rules to determine what constitutes a “good~~

854 ~~faith effort” for purposes of contractor compliance with~~

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

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

857 ~~287.094(2). Factors which shall be considered by the Office of~~

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

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

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

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

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

863 ~~opportunities.~~

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

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

866 ~~concerning the subcontracting opportunities.~~

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

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

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

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

871 ~~effectively.~~

872 ~~4. Whether the contractor followed up initial solicitations~~

873 ~~of interest by contacting minority business enterprises or~~

874 ~~minority persons to determine with certainty whether the~~

875 ~~minority business enterprises or minority persons were~~

876 ~~interested.~~

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

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

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

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

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

882 ~~facilitate minority business enterprise participation.~~

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

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

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

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

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

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

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

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

891 ~~investigation of their capabilities.~~

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

893 ~~available minority community organizations; minority~~

894 ~~contractors’ groups; local, state, and federal minority business~~

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

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

897 ~~enterprises or minority persons.~~

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

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

900 ~~expenditures for commodities, contractual services,~~

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

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

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

904 ~~287.042.~~

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

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

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

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

909 ~~(e)~~ To receive and disseminate information :

910 1. For the continued growth and success of Florida’s small

911 businesses, which may include planning, hosting, and supporting

912 informational events targeted to Florida-based enterprises

913 ~~relative to procurement opportunities, availability of minority~~

914 ~~business enterprises, and technical assistance~~ .

915 2. Related to procurement opportunities for Florida-based

916 small business enterprises, providing technical assistance as

917 needed.

918 (b) To create electronic certification and recertification

919 processes for veteran-owned business enterprises. The initial

920 certification is valid for 2 years and must be recertified

921 biennially thereafter. The benefits of certification must be

922 clearly posted on the department’s website. To be eligible for

923 certification and recertification as a veteran-owned business

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

925 (c) ~~(f)~~ To advise and provide education or other resources

926 to agencies on methods and techniques for achieving procurement

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

928 state and local government procurement contracts .

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

930 publish forms as necessary to carry out the duties of the office

931 provided in this section.

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

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

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

935 ~~(h) To develop procedures to investigate complaints against~~

936 ~~minority business enterprises or contractors alleged to violate~~

937 ~~any provision related to this section or s. 287.0943, that may~~

938 ~~include visits to worksites or business premises, and to refer~~

939 ~~all information on businesses suspected of misrepresenting~~

940 ~~minority status to the Department of Management Services for~~

941 ~~investigation. When an investigation is completed and there is~~

942 ~~reason to believe that a violation has occurred, the matter~~

943 ~~shall be referred to the office of the Attorney General,~~

944 ~~Department of Legal Affairs, for prosecution.~~

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

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

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

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

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

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

951 ~~development plan.~~

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

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

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

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

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

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

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

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

960 ~~related to minority business enterprises.~~

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

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

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

964 ~~business enterprises.~~

965 ~~3. Assisting agencies and contractors by providing outreach~~

966 ~~to minority businesses, by specifying and monitoring technical~~

967 ~~and managerial competence for minority business enterprises, and~~

968 ~~by consulting in planning of agency procurement to determine how~~

969 ~~best to provide opportunities for minority business enterprises.~~

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

971 ~~minority business enterprises with government contracting~~

972 ~~opportunities.~~

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

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

975 ~~shall recertify such minority businesses at least once every 2~~

976 ~~years. Minority business enterprises must be recertified at~~

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

978 ~~electronic signature.~~

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

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

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

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

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

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

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

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

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

988 ~~24 percent of the moneys actually expended for commodities, and~~

989 ~~50.5 percent of the moneys actually expended for contractual~~

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

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

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

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

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

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

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

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

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

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

1000 ~~a. For construction contracts: 4 percent for black~~

1001 ~~Americans, 6 percent for Hispanic-Americans, and 11 percent for~~

1002 ~~American women.~~

1003 ~~b. For architectural and engineering contracts: 9 percent~~

1004 ~~for Hispanic-Americans, 1 percent for Asian-Americans, and 15~~

1005 ~~percent for American women.~~

1006 ~~c. For commodities: 2 percent for black Americans, 4~~

1007 ~~percent for Hispanic-Americans, 0.5 percent for Asian-Americans,~~

1008 ~~0.5 percent for Native Americans, and 17 percent for American~~

1009 ~~women.~~

1010 ~~d. For contractual services: 6 percent for black Americans,~~

1011 ~~7 percent for Hispanic-Americans, 1 percent for Asian-Americans,~~

1012 ~~0.5 percent for Native Americans, and 36 percent for American~~

1013 ~~women.~~

1014 ~~2. For the purposes of commodities contracts for the~~

1015 ~~purchase of equipment to be used in the construction and~~

1016 ~~maintenance of state transportation facilities involving the~~

1017 ~~Department of Transportation, the terms “minority business~~

1018 ~~enterprise” and “minority person” have the same meanings as~~

1019 ~~provided in s. 288.703. In order to ensure that the goals~~

1020 ~~established under this paragraph for contracting with certified~~

1021 ~~minority business enterprises are met, the department, with the~~

1022 ~~assistance of the Office of Supplier Diversity, shall make~~

1023 ~~recommendations to the Legislature on revisions to the goals,~~

1024 ~~based on an updated statistical analysis, at least once every 5~~

1025 ~~years. Such recommendations shall be based on statistical data~~

1026 ~~indicating the availability of and disparity in the use of~~

1027 ~~minority businesses contracting with the state.~~

1028 ~~3. In determining the base amounts for assessing compliance~~

1029 ~~with this paragraph, the Office of Supplier Diversity may~~

1030 ~~develop, by rule, guidelines for all agencies to use in~~

1031 ~~establishing such base amounts. These rules must include, but~~

1032 ~~are not limited to, guidelines for calculation of base amounts,~~

1033 ~~a deadline for the agencies to submit base amounts, a deadline~~

1034 ~~for approval of the base amounts by the Office of Supplier~~

1035 ~~Diversity, and procedures for adjusting the base amounts as a~~

1036 ~~result of budget reductions made pursuant to s. 216.221.~~

1037 ~~4. To determine guidelines for the use of price~~

1038 ~~preferences, weighted preference formulas, or other preferences,~~

1039 ~~as appropriate to the particular industry or trade, to increase~~

1040 ~~the participation of minority businesses in state contracting.~~

1041 ~~These guidelines shall include consideration of:~~

1042 ~~a. Size and complexity of the project.~~

1043 ~~b. The concentration of transactions with minority business~~

1044 ~~enterprises for the commodity or contractual services in~~

1045 ~~question in prior agency contracting.~~

1046 ~~c. The specificity and definition of work allocated to~~

1047 ~~participating minority business enterprises.~~

1048 ~~d. The capacity of participating minority business~~

1049 ~~enterprises to complete the tasks identified in the project.~~

1050 ~~e. The available pool of minority business enterprises as~~

1051 ~~prime contractors, either alone or as partners in an approved~~

1052 ~~joint venture that serves as the prime contractor.~~

1053 ~~5. To determine guidelines for use of joint ventures to~~

1054 ~~meet minority business enterprises spending goals. For purposes~~

1055 ~~of this section, “joint venture” means any association of two or~~

1056 ~~more business concerns to carry out a single business enterprise~~

1057 ~~for profit, for which purpose they combine their property,~~

1058 ~~capital, efforts, skills, and knowledge. The guidelines shall~~

1059 ~~allow transactions with joint ventures to be eligible for credit~~

1060 ~~against the minority business enterprise goals of an agency when~~

1061 ~~the contracting joint venture demonstrates that at least one~~

1062 ~~partner to the joint venture is a certified minority business~~

1063 ~~enterprise as defined in s. 288.703, and that such partner is~~

1064 ~~responsible for a clearly defined portion of the work to be~~

1065 ~~performed, and shares in the ownership, control, management,~~

1066 ~~responsibilities, risks, and profits of the joint venture. Such~~

1067 ~~demonstration shall be by verifiable documents and sworn~~

1068 ~~statements and may be reviewed by the Office of Supplier~~

1069 ~~Diversity at or before the time a contract bid, proposal, or~~

1070 ~~reply is submitted. An agency may count toward its minority~~

1071 ~~business enterprise goals a portion of the total dollar amount~~

1072 ~~of a contract equal to the percentage of the ownership and~~

1073 ~~control held by the qualifying certified minority business~~

1074 ~~partners in the contracting joint venture, so long as the joint~~

1075 ~~venture meets the guidelines adopted by the office.~~

1076 ~~(o)1. To establish a system to record and measure the use~~

1077 ~~of certified minority business enterprises in state contracting.~~

1078 ~~This system shall maintain information and statistics on~~

1079 ~~certified minority business enterprise participation, awards,~~

1080 ~~dollar volume of expenditures and agency goals, and other~~

1081 ~~appropriate types of information to analyze progress in the~~

1082 ~~access of certified minority business enterprises to state~~

1083 ~~contracts and to monitor agency compliance with this section.~~

1084 ~~Such reporting must include, but is not limited to, the~~

1085 ~~identification of all subcontracts in state contracting by~~

1086 ~~dollar amount and by number of subcontracts and the~~

1087 ~~identification of the utilization of certified minority business~~

1088 ~~enterprises as prime contractors and subcontractors by dollar~~

1089 ~~amounts of contracts and subcontracts, number of contracts and~~

1090 ~~subcontracts, minority status, industry, and any conditions or~~

1091 ~~circumstances that significantly affected the performance of~~

1092 ~~subcontractors. Agencies shall report their compliance with the~~

1093 ~~requirements of this reporting system at least annually and at~~

1094 ~~the request of the office. All agencies shall cooperate with the~~

1095 ~~office in establishing this reporting system. Except in~~

1096 ~~construction contracting, all agencies shall review contracts~~

1097 ~~costing in excess of CATEGORY FOUR as defined in s. 287.017 to~~

1098 ~~determine if such contracts could be divided into smaller~~

1099 ~~contracts to be separately solicited and awarded, and shall,~~

1100 ~~when economical, offer such smaller contracts to encourage~~

1101 ~~minority participation.~~

1102 ~~2. To report agency compliance with the provisions of~~

1103 ~~subparagraph 1. for the preceding fiscal year to the Governor~~

1104 ~~and Cabinet, the President of the Senate, and the Speaker of the~~

1105 ~~House of Representatives on or before February 1 of each year.~~

1106 ~~The report must contain, at a minimum, the following:~~

1107 ~~a. Total expenditures of each agency by industry.~~

1108 ~~b. The dollar amount and percentage of contracts awarded to~~

1109 ~~certified minority business enterprises by each state agency.~~

1110 ~~c. The dollar amount and percentage of contracts awarded~~

1111 ~~indirectly to certified minority business enterprises as~~

1112 ~~subcontractors by each state agency.~~

1113 ~~d. The total dollar amount and percentage of contracts~~

1114 ~~awarded to certified minority business enterprises, whether~~

1115 ~~directly or indirectly, as subcontractors.~~

1116 ~~e. A statement and assessment of good faith efforts taken~~

1117 ~~by each state agency.~~

1118 ~~f. A status report of agency compliance with subsection~~

1119 ~~(6), as determined by the Minority Business Enterprise Office.~~

1120 ~~(5)(a) Each agency shall, at the time the specifications or~~

1121 ~~designs are developed or contract sizing is determined for any~~

1122 ~~proposed procurement costing in excess of CATEGORY FOUR, as~~

1123 ~~defined in s. 287.017, forward a notice to the Office of~~

1124 ~~Supplier Diversity of the proposed procurement and any~~

1125 ~~determination on the designs of specifications of the proposed~~

1126 ~~procurement that impose requirements on prospective vendors, no~~

1127 ~~later than 30 days prior to the issuance of a solicitation,~~

1128 ~~except that this provision shall not apply to emergency~~

1129 ~~acquisitions. The 30-day notice period shall not toll the time~~

1130 ~~for any other procedural requirements.~~

1131 ~~(b) If the Office of Supplier Diversity determines that the~~

1132 ~~proposed procurement will not likely allow opportunities for~~

1133 ~~minority business enterprises, the office may, within 20 days~~

1134 ~~after it receives the information specified in paragraph (a),~~

1135 ~~propose the implementation of minority business enterprise~~

1136 ~~utilization provisions or submit alternative procurement methods~~

1137 ~~that would significantly increase minority business enterprise~~

1138 ~~contracting opportunities.~~

1139 ~~(c) Whenever the agency and the Office of Supplier~~

1140 ~~Diversity disagree, the matter shall be submitted for~~

1141 ~~determination to the head of the agency or the senior-level~~

1142 ~~official designated pursuant to this section as liaison for~~

1143 ~~minority business enterprise issues.~~

1144 ~~(d) If the proposed procurement proceeds to competitive~~

1145 ~~solicitation, the office is hereby granted standing to protest,~~

1146 ~~pursuant to this section, in a timely manner, any contract award~~

1147 ~~during competitive solicitation for contractual services and~~

1148 ~~construction contracts that fail to include minority business~~

1149 ~~enterprise participation, if any responsible and responsive~~

1150 ~~vendor has demonstrated the ability to achieve any level of~~

1151 ~~participation, or, any contract award for commodities where, a~~

1152 ~~reasonable and economical opportunity to reserve a contract,~~

1153 ~~statewide or district level, for minority participation was not~~

1154 ~~executed or, an agency failed to adopt an applicable preference~~

1155 ~~for minority participation. The bond requirement shall be waived~~

1156 ~~for the office purposes of this subsection.~~

1157 ~~(e) An agency may presume that a vendor offering no~~

1158 ~~minority participation has not made a good faith effort when~~

1159 ~~other vendors offer minority participation of firms listed as~~

1160 ~~relevant to the agency’s purchasing needs in the pertinent~~

1161 ~~locality or statewide to complete the project.~~

1162 ~~(f) Paragraph (a) will not apply when the Office of~~

1163 ~~Supplier Diversity determines that an agency has established a~~

1164 ~~work plan to allow advance consultation and planning with~~

1165 ~~minority business enterprises and where such plan clearly~~

1166 ~~demonstrates:~~

1167 ~~1. A high level of advance planning by the agency with~~

1168 ~~minority business enterprises.~~

1169 ~~2. A high level of accessibility, knowledge, and experience~~

1170 ~~by minority business enterprises in the agency’s contract~~

1171 ~~decisionmaking process.~~

1172 ~~3. A high quality of agency monitoring and enforcement of~~

1173 ~~internal implementation of minority business utilization~~

1174 ~~provisions.~~

1175 ~~4. A high quality of agency monitoring and enforcement of~~

1176 ~~contractor utilization of minority business enterprises,~~

1177 ~~especially tracking subcontractor data, and ensuring the~~

1178 ~~integrity of subcontractor reporting.~~

1179 ~~5. A high quality of agency outreach, agency networking of~~

1180 ~~major vendors with minority vendors, and innovation in~~

1181 ~~techniques to improve utilization of minority business~~

1182 ~~enterprises.~~

1183 ~~6. Substantial commitment, sensitivity, and proactive~~

1184 ~~attitude by the agency head and among the agency minority~~

1185 ~~business staff.~~

1186 ~~(6) Each state agency shall coordinate its minority~~

1187 ~~business enterprise procurement activities with the Office of~~

1188 ~~Supplier Diversity. At a minimum, each agency shall:~~

1189 ~~(a) Adopt a minority business enterprise utilization plan~~

1190 ~~for review and approval by the Office of Supplier Diversity~~

1191 ~~which should require meaningful and useful methods to attain the~~

1192 ~~legislative intent in assisting minority business enterprises.~~

1193 ~~(b) Designate a senior-level employee in the agency as a~~

1194 ~~minority enterprise assistance officer, responsible for~~

1195 ~~overseeing the agency’s minority business utilization~~

1196 ~~activities, and who is not also charged with purchasing~~

1197 ~~responsibility. A senior-level agency employee and agency~~

1198 ~~purchasing officials shall be accountable to the agency head for~~

1199 ~~the agency’s minority business utilization performance. The~~

1200 ~~Office of Supplier Diversity shall advise each agency on~~

1201 ~~compliance performance.~~

1202 ~~(c) If an agency deviates significantly from its~~

1203 ~~utilization plan in 2 consecutive or 3 out of 5 total fiscal~~

1204 ~~years, the Office of Supplier Diversity may review any and all~~

1205 ~~solicitations and contract awards of the agency as deemed~~

1206 ~~necessary until such time as the agency meets its utilization~~

1207 ~~plan.~~

1208 Section 20. Section 287.0947, Florida Statutes, is

1209 repealed.

1210 Section 21. Paragraph (b) of subsection (4) of section

1211 288.001, Florida Statutes, is amended to read:

1212 288.001 The Florida Small Business Development Center

1213 Network.—

1214 (4) STATEWIDE ADVISORY BOARD.—

1215 (b) The statewide advisory board shall consist of 19

1216 members from across this ~~the~~ state. At least 12 members must be

1217 representatives of the private sector who are knowledgeable of

1218 the needs and challenges of small businesses. The members must

1219 represent various segments and industries of the economy in this

1220 state and must bring knowledge and skills to the statewide

1221 advisory board which would enhance the board’s collective

1222 knowledge of small business assistance needs and challenges.

1223 ~~Minority and gender representation must be considered when~~

1224 ~~making appointments to the board.~~ The board must include the

1225 following members:

1226 1. Three members appointed from the private sector by the

1227 President of the Senate.

1228 2. Three members appointed from the private sector by the

1229 Speaker of the House of Representatives.

1230 3. Three members appointed from the private sector by the

1231 Governor.

1232 4. Three members appointed from the private sector by the

1233 network’s statewide director.

1234 5. One member appointed by the host institution.

1235 6. The Secretary of Commerce or his or her designee.

1236 7. The Chief Financial Officer or his or her designee.

1237 8. The President of the Florida Chamber of Commerce or his

1238 or her designee.

1239 9. The Small Business Development Center Project Officer

1240 from the U.S. Small Business Administration at the South Florida

1241 District Office or his or her designee.

1242 10. The executive director of the National Federation of

1243 Independent Businesses, Florida, or his or her designee.

1244 11. The executive director of the Florida United Business

1245 Association or his or her designee.

1246 Section 22. Section 288.1167, Florida Statutes, is

1247 repealed.

1248 Section 23. Paragraph (b) of subsection (2) of section

1249 288.1229, Florida Statutes, is amended to read:

1250 288.1229 Promotion and development of sports-related

1251 industries and amateur athletics; direct-support organization

1252 established; powers and duties.—

1253 (2) The Florida Sports Foundation must:

1254 (b) Be governed by a board of directors, which must consist

1255 of up to 15 members appointed by the Governor. In making

1256 appointments, the Governor must consider a potential member’s

1257 background in community service and sports activism in, and

1258 financial support of, the sports industry, professional sports,

1259 or organized amateur athletics. Members must be residents of the

1260 state and highly knowledgeable about or active in professional

1261 or organized amateur sports.

1262 1. The board must contain representatives of all

1263 geographical regions of the state ~~and must represent ethnic and~~

1264 ~~gender diversity~~ .

1265 2. The terms of office of the members are ~~shall be~~ 4 years.

1266 A No member may not serve more than two consecutive terms. The

1267 Governor may remove any member for cause and shall fill all

1268 vacancies that occur.

1269 Section 24. Section 288.124, Florida Statutes, is amended

1270 to read:

1271 288.124 Convention grants program.—The Florida Tourism

1272 Industry Marketing Corporation is authorized to establish a

1273 convention grants program and, pursuant to that program, to

1274 recommend to the department expenditures and contracts with

1275 local governments and nonprofit corporations or organizations

1276 for the purpose of attracting national conferences and

1277 conventions to Florida. ~~Preference shall be given to local~~

1278 ~~governments and nonprofit corporations or organizations seeking~~

1279 ~~to attract minority conventions to Florida. Minority conventions~~

1280 ~~are events that primarily involve minority persons, as defined~~

1281 ~~in s. 288.703, who are residents or nonresidents of the state.~~

1282 The Florida Tourism Industry Marketing Corporation shall

1283 establish guidelines governing the award of grants and the

1284 administration of this program. The department has final

1285 approval authority for any grants under this section. The total

1286 annual allocation of funds for this program may ~~shall~~ not exceed

1287 $40,000.

1288 Section 25. Subsection (2) of section 288.7015, Florida

1289 Statutes, is amended to read:

1290 288.7015 Appointment of rules ombudsman; duties.—The

1291 Governor shall appoint a rules ombudsman, as defined in s.

1292 288.703, in the Executive Office of the Governor, for

1293 considering the impact of agency rules on the state’s citizens

1294 and businesses. The duties of the rules ombudsman are to:

1295 (2) Review state agency rules that adversely or

1296 disproportionately impact businesses ~~, particularly those~~

1297 ~~relating to small and minority businesses~~ .

1298 Section 26. Subsections (1), (3), and (5) of section

1299 288.703, Florida Statutes, are amended to read:

1300 288.703 Definitions.—As used in ss. 288.702-288.706, the

1301 term:

1302 ~~(1) “Certified minority business enterprise” means a~~

1303 ~~business which has been certified by the certifying organization~~

1304 ~~or jurisdiction in accordance with s. 287.0943(1) and (2).~~

1305 ~~(3) “Minority business enterprise” means any small business~~

1306 ~~concern as defined in subsection (6) which is organized to~~

1307 ~~engage in commercial transactions, which is domiciled in~~

1308 ~~Florida, and which is at least 51-percent-owned by minority~~

1309 ~~persons who are members of an insular group that is of a~~

1310 ~~particular racial, ethnic, or gender makeup or national origin,~~

1311 ~~which has been subjected historically to disparate treatment due~~

1312 ~~to identification in and with that group resulting in an~~

1313 ~~underrepresentation of commercial enterprises under the group’s~~

1314 ~~control, and whose management and daily operations are~~

1315 ~~controlled by such persons. A minority business enterprise may~~

1316 ~~primarily involve the practice of a profession. Ownership by a~~

1317 ~~minority person does not include ownership which is the result~~

1318 ~~of a transfer from a nonminority person to a minority person~~

1319 ~~within a related immediate family group if the combined total~~

1320 ~~net asset value of all members of such family group exceeds $1~~

1321 ~~million. For purposes of this subsection, the term “related~~

1322 ~~immediate family group” means one or more children under 16~~

1323 ~~years of age and a parent of such children or the spouse of such~~

1324 ~~parent residing in the same house or living unit.~~

1325 (3) ~~(5)~~ “Ombudsman” means an office or individual whose

1326 responsibilities include coordinating with the Office of

1327 Supplier Development ~~Diversity~~ for the interests of and

1328 providing assistance to small ~~and minority~~ business enterprises

1329 in dealing with governmental agencies and in developing

1330 proposals for changes in state agency rules.

1331 Section 27. Section 288.7031, Florida Statutes, is amended

1332 to read:

1333 288.7031 Application of the definition of “small business”

1334 ~~certain definitions~~ .—The definition ~~definitions~~ of “small

1335 business , ” ~~“minority business enterprise,” and “certified~~

1336 ~~minority business enterprise” provided~~ in s. 288.703 applies

1337 ~~apply~~ to the state and all political subdivisions of the state.

1338 Section 28. Paragraph (a) of subsection (1) of section

1339 288.776, Florida Statutes, is amended to read:

1340 288.776 Board of directors; powers and duties.—

1341 (1)(a) The corporation shall have a board of directors

1342 consisting of 15 members representing all geographic areas of

1343 this ~~the~~ state. ~~Minority and gender representation must be~~

1344 ~~considered when making appointments to the board.~~ The board

1345 membership must include:

1346 1. A representative of the following businesses, all of

1347 which must be registered to do business in this state: a foreign

1348 bank, a state bank, a federal bank, an insurance company

1349 involved in covering trade financing risks, and a small or

1350 medium-sized exporter.

1351 2. The following persons or their designee: the Secretary

1352 of Commerce, the Chief Financial Officer, the Secretary of

1353 State, and a senior official of the United States Department of

1354 Commerce.

1355 Section 29. Paragraph (f) of subsection (1) of section

1356 290.0057, Florida Statutes, is amended to read:

1357 290.0057 Enterprise zone development plan.—

1358 (1) Any application for designation as a new enterprise

1359 zone must be accompanied by a strategic plan adopted by the

1360 governing body of the municipality or county, or the governing

1361 bodies of the county and one or more municipalities together. At

1362 a minimum, the plan must:

1363 (f) Identify the amount of local and private resources that

1364 will be available in the nominated area and the private/public

1365 partnerships to be used, which may include participation by, and

1366 cooperation with, universities, community colleges, small

1367 business development centers, ~~black business investment~~

1368 ~~corporations,~~ certified development corporations, and other

1369 private and public entities.

1370 Section 30. Paragraph (c) of subsection (3) of section

1371 290.046, Florida Statutes, is amended to read:

1372 290.046 Applications for grants; procedures; requirements.—

1373 (3)

1374 (c) The application’s program impact score, equal

1375 employment opportunity and fair housing score, and communitywide

1376 needs score may take into consideration scoring factors,

1377 including, but not limited to, unemployment, poverty levels,

1378 low-income and moderate-income populations, benefits to low

1379 income and moderate-income residents, ~~use of minority-owned and~~

1380 ~~woman-owned business enterprises in previous grants,~~ health and

1381 safety issues, and the condition of physical structures.

1382 Section 31. Subsection (3) of section 320.63, Florida

1383 Statutes, is amended to read:

1384 320.63 Application for license; contents.—Any person

1385 desiring to be licensed pursuant to ss. 320.60-320.70 shall make

1386 application therefor to the department upon a form containing

1387 such information as the department requires. The department

1388 shall require, with such application or otherwise and from time

1389 to time, all of the following, which information may be

1390 considered by the department in determining the fitness of the

1391 applicant or licensee to engage in the business for which the

1392 applicant or licensee desires to be licensed:

1393 (3) From each manufacturer, distributor, or importer which

1394 uses ~~utilizes~~ an identical blanket basic agreement for its

1395 dealers or distributors in this state, which agreement comprises

1396 ~~all or~~ any part of the applicant’s or licensee’s agreements with

1397 motor vehicle dealers in this state, a copy of the written

1398 agreement and all supplements thereto, together with a list of

1399 the applicant’s or licensee’s authorized dealers or distributors

1400 and their addresses. The applicant or licensee shall further

1401 notify the department immediately of the appointment of any

1402 additional dealer or distributor. ~~The applicant or licensee~~

1403 ~~shall annually report to the department on its efforts to add~~

1404 ~~new minority dealer points, including difficulties encountered~~

1405 ~~under ss. 320.61-320.70. For purposes of this section “minority”~~

1406 ~~shall have the same meaning as that given it in the definition~~

1407 ~~of “minority person” in s. 288.703.~~ Not later than 60 days

1408 before the date a revision or modification to a franchise

1409 agreement is offered uniformly to a licensee’s motor vehicle

1410 dealers in this state, the licensee shall notify the department

1411 of such revision, modification, or addition to the franchise

1412 agreement on file with the department. In no event may a

1413 franchise agreement, or any addendum or supplement thereto, be

1414 offered to a motor vehicle dealer in this state until the

1415 applicant or licensee files an affidavit with the department

1416 acknowledging that the terms or provisions of the agreement, or

1417 any related document, are not inconsistent with, prohibited by,

1418 or contrary to the provisions contained in ss. 320.60-320.70.

1419 Any franchise agreement offered to a motor vehicle dealer in

1420 this state must ~~shall~~ provide that all terms and conditions in

1421 such agreement inconsistent with the law and rules of this state

1422 are of no force and effect.

1423 Section 32. Paragraph (g) of subsection (1) of section

1424 376.84, Florida Statutes, is amended to read:

1425 376.84 Brownfield redevelopment economic incentives.—It is

1426 the intent of the Legislature that brownfield redevelopment

1427 activities be viewed as opportunities to significantly improve

1428 the utilization, general condition, and appearance of these

1429 sites. Different standards than those in place for new

1430 development, as allowed under current state and local laws,

1431 should be used to the fullest extent to encourage the

1432 redevelopment of a brownfield. State and local governments are

1433 encouraged to offer redevelopment incentives for this purpose,

1434 as an ongoing public investment in infrastructure and services,

1435 to help eliminate the public health and environmental hazards,

1436 and to promote the creation of jobs in these areas. Such

1437 incentives may include financial, regulatory, and technical

1438 assistance to persons and businesses involved in the

1439 redevelopment of the brownfield pursuant to this act.

1440 (1) Financial incentives and local incentives for

1441 redevelopment may include, but not be limited to:

1442 ~~(g) Minority business enterprise programs as provided in s.~~

1443 ~~287.0943.~~

1444 Section 33. Subsection (5) of section 383.216, Florida

1445 Statutes, is amended to read:

1446 383.216 Community-based prenatal and infant health care.—

1447 (5) The membership of each prenatal and infant health care

1448 coalition shall represent health care providers, the recipient

1449 community, and the community at large ~~; shall represent the~~

1450 ~~racial, ethnic, and gender composition of the community;~~ and

1451 shall include at least the following:

1452 (a) Consumers of family planning, primary care, or prenatal

1453 care services, at least two of whom are low-income or Medicaid

1454 eligible.

1455 (b) Health care providers, including:

1456 1. County health departments.

1457 2. Migrant and community health centers.

1458 3. Hospitals.

1459 4. Local medical societies.

1460 5. Local health planning organizations.

1461 (c) Local health advocacy interest groups and community

1462 organizations.

1463 (d) County and municipal governments.

1464 (e) Social service organizations.

1465 (f) Local education communities.

1466 Section 34. Section 395.807, Florida Statutes, is repealed.

1467 Section 35. Subsection (24) of section 409.901, Florida

1468 Statutes, is amended to read:

1469 409.901 Definitions; ss. 409.901-409.920.—As used in ss.

1470 409.901-409.920, except as otherwise specifically provided, the

1471 term:

1472 ~~(24) “Minority physician network” means a network of~~

1473 ~~primary care physicians with experience managing Medicaid or~~

1474 ~~Medicare recipients that is predominantly owned by minorities as~~

1475 ~~defined in s. 288.703, which may have a collaborative~~

1476 ~~partnership with a public college or university and a tax-exempt~~

1477 ~~charitable corporation.~~

1478 Section 36. Paragraph (e) of subsection (1) of section

1479 409.920, Florida Statutes, is amended to read:

1480 409.920 Medicaid provider fraud.—

1481 (1) For the purposes of this section, the term:

1482 (e) “Managed care plans” means a health insurer authorized

1483 under chapter 624, an exclusive provider organization authorized

1484 under chapter 627, a health maintenance organization authorized

1485 under chapter 641, a prepaid health plan authorized under this

1486 chapter, a provider service network authorized under this

1487 chapter, ~~a minority physician network authorized under this~~

1488 ~~chapter,~~ and an emergency department diversion program

1489 authorized under this chapter or the General Appropriations Act,

1490 providing health care services pursuant to a contract with the

1491 Medicaid program.

1492 Section 37. Paragraph (b) of subsection (4) of section

1493 430.502, Florida Statutes, is amended to read:

1494 430.502 Alzheimer’s disease; memory disorder clinics and

1495 day care and respite care programs.—

1496 (4) The department shall develop performance goals that

1497 exceed the minimum performance standards developed under

1498 subsection (3), which goals must be achieved in order for a

1499 memory disorder clinic to be eligible for incentive funding

1500 above the base level, subject to legislative appropriation.

1501 Incentive funding shall be based on criteria including, but not

1502 limited to:

1503 (b) Significant increase in public outreach to low-income

1504 ~~and minority~~ populations.

1505 Section 38. Paragraph (b) of subsection (2) of section

1506 440.45, Florida Statutes, is amended to read:

1507 440.45 Office of the Judges of Compensation Claims.—

1508 (2)

1509 (b) Except as provided in paragraph (c), the Governor shall

1510 appoint a judge of compensation claims from a list of three

1511 persons nominated by a statewide nominating commission. The

1512 statewide nominating commission shall be composed of the

1513 following:

1514 1. Six members, ~~at least~~ one of whom ~~must be a member of a~~

1515 ~~minority group as defined in s. 288.703, one of each who~~ resides

1516 in each of the territorial jurisdictions of the district courts

1517 of appeal, appointed by the Board of Governors of The Florida

1518 Bar from among The Florida Bar members engaged in the practice

1519 of law. Each member shall be appointed for a 4-year term;

1520 2. Six electors, ~~at least~~ one of whom ~~must be a member of a~~

1521 ~~minority group as defined in s. 288.703, one of each who~~ resides

1522 in each of the territorial jurisdictions of the district courts

1523 of appeal, appointed by the Governor. Each member shall be

1524 appointed for a 4-year term; and

1525 3. Six electors, ~~at least~~ one of whom ~~must be a member of a~~

1526 ~~minority group as defined in s. 288.703, one of each who~~ resides

1527 in each of the territorial jurisdictions of the district courts

1528 of appeal, selected and appointed by a majority vote of the

1529 other 10 members of the commission. Each member shall be

1530 appointed for a 4-year term.

1532 A vacancy occurring on the commission must ~~shall~~ be filled by

1533 the original appointing authority for the unexpired balance of

1534 the term. An attorney who appears before any judge of

1535 compensation claims more than four times a year is not eligible

1536 to serve on the statewide nominating commission. The meetings

1537 and determinations of the nominating commission as to the judges

1538 of compensation claims must ~~shall~~ be open to the public.

1539 Section 39. Subsections (1) and (8) of section 445.007,

1540 Florida Statutes, are amended to read:

1541 445.007 Local workforce development boards.—

1542 (1) One local workforce development board shall be

1543 appointed in each designated service delivery area and shall

1544 serve as the local workforce development board pursuant to Pub.

1545 L. No. 113-128. The membership of the local board must be

1546 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a

1547 public education or training provider is represented on the

1548 local board, a representative of a private education provider

1549 must also be appointed to the local board. The state board may

1550 waive this requirement if requested by a local board if it is

1551 demonstrated that such representatives do not exist in the

1552 region. ~~The importance of minority and gender representation~~

1553 ~~shall be considered when making appointments to the local board.~~

1554 The local board, its committees, subcommittees, and

1555 subdivisions, and other units of the workforce system, including

1556 units that may consist in whole or in part of local governmental

1557 units, may use any method of telecommunications to conduct

1558 meetings, including establishing a quorum through

1559 telecommunications, provided that the public is given proper

1560 notice of the telecommunications meeting and reasonable access

1561 to observe and, when appropriate, participate. Local boards are

1562 subject to chapters 119 and 286 and s. 24, Art. I of the State

1563 Constitution. Each member of a local board who is not otherwise

1564 required to file a full and public disclosure of financial

1565 interests under s. 8, Art. II of the State Constitution or s.

1566 112.3144 shall file a statement of financial interests under s.

1567 112.3145. The executive director or designated person

1568 responsible for the operational and administrative functions of

1569 the local board who is not otherwise required to file a full and

1570 public disclosure of financial interests under s. 8, Art. II of

1571 the State Constitution or s. 112.3144 shall file a statement of

1572 financial interests under s. 112.3145. The local board’s

1573 website, or the department’s website if the local board does not

1574 maintain a website, must inform the public that each disclosure

1575 or statement has been filed with the Commission on Ethics and

1576 provide information how each disclosure or statement may be

1577 reviewed. The notice to the public must remain on the website

1578 throughout the term of office or employment of the filer and

1579 until 1 year after the term on the local board or employment

1580 ends.

1581 ~~(8) The importance of minority and gender representation~~

1582 ~~shall be considered when appointments are made to any committee~~

1583 ~~established by the local workforce development board.~~

1584 Section 40. Subsection (12) of section 446.041, Florida

1585 Statutes, is amended to read:

1586 446.041 Duties of the department.—The department shall:

1587 ~~(12) Ensure that minority and gender diversity are~~

1588 ~~considered in administering this program.~~

1589 Section 41. Subsection (4) of section 489.111, Florida

1590 Statutes, is amended to read:

1591 489.111 Licensure by examination.—

1592 ~~(4) The department shall ensure that a sensitivity review~~

1593 ~~committee has been established including representatives of~~

1594 ~~various ethnic/minority groups. No question found by this~~

1595 ~~committee to be discriminatory against any ethnic/minority group~~

1596 ~~shall be included in the examination.~~

1597 Section 42. Subsection (7) of section 627.3511, Florida

1598 Statutes, is amended to read:

1599 627.3511 Depopulation of Citizens Property Insurance

1600 Corporation.—

1601 ~~(7) A minority business, which is at least 51 percent owned~~

1602 ~~by minority persons as described in s. 288.703, desiring to~~

1603 ~~operate or become licensed as a property and casualty insurer~~

1604 ~~may exempt up to $50 of the escrow requirements of the take-out~~

1605 ~~bonus, as described in this section. Such minority business,~~

1606 ~~which has applied for a certificate of authority to engage in~~

1607 ~~business as a property and casualty insurer, may simultaneously~~

1608 ~~file the business’ proposed take-out plan, as described in this~~

1609 ~~section, with the corporation.~~

1610 Section 43. Section 641.217, Florida Statutes, is repealed.

1611 Section 44. Chapter 760, Florida Statutes, entitled

1612 “Discrimination in the Treatment of Persons; Minority

1613 Representation” is retitled “Discrimination in the Treatment of

1614 Persons.”

1615 Section 45. Section 760.80, Florida Statutes, is repealed.

1616 Section 46. Part V of chapter 760, Florida Statutes, is

1617 redesignated as part IV of that chapter.

1618 Section 47. Paragraph (d) of subsection (7) of section

1619 1001.706, Florida Statutes, is amended to read:

1620 1001.706 Powers and duties of the Board of Governors.—

1621 (7) POWERS AND DUTIES RELATING TO PROPERTY.—

1622 ~~(d) The Board of Governors, or the board’s designee, shall~~

1623 ~~ensure compliance with the provisions of s. 287.09451 for all~~

1624 ~~procurement and ss. 255.101 and 255.102 for construction~~

1625 ~~contracts, and rules adopted pursuant thereto, relating to the~~

1626 ~~utilization of minority business enterprises, except that~~

1627 ~~procurements costing less than the amount provided for in~~

1628 ~~CATEGORY FIVE as provided in s. 287.017 shall not be subject to~~

1629 ~~s. 287.09451.~~

1630 Section 48. Subsections (1) and (10) of section 1004.42,

1631 Florida Statutes, are amended to read:

1632 1004.42 Florida State University College of Medicine.—

1633 (1) CREATION.—There is hereby established a 4-year

1634 allopathic medical school within the Florida State University,

1635 to be known as the Florida State University College of Medicine,

1636 with a principal focus on recruiting and training medical

1637 professionals to meet the primary health care needs of the

1638 state, especially the needs of the state’s elderly, rural,

1639 ~~minority,~~ and other underserved citizens.

1640 (10) INCREASING PARTICIPATION OF UNDERREPRESENTED GROUPS.

1641 To increase the participation of underrepresented groups and

1642 socially and economically disadvantaged youth in science and

1643 medical programs, the College of Medicine ~~shall continue the~~

1644 ~~outreach efforts of the Program in Medical Sciences (PIMS) to~~

1645 ~~middle and high school minority students, including the Science~~

1646 ~~Students Together Reaching Instructional Diversity and~~

1647 ~~Excellence (SSTRIDE), and~~ shall build an endowment income to

1648 support recruitment programs and scholarship and financial aid

1649 packages for these students. To develop a base of qualified

1650 potential medical school candidates from underrepresented

1651 groups, the College of Medicine shall coordinate with the

1652 undergraduate premedical and science programs currently offered

1653 at the Florida State University, develop relationships with

1654 potential feeder institutions, including 4-year institutions and

1655 community colleges, and pursue grant funds to support programs,

1656 as well as support scholarship and financial aid packages. The

1657 College of Medicine shall develop plans for a postbaccalaureate,

1658 1-year academic program that provides a second chance to a

1659 limited number of students per year who have been declined

1660 medical school admission, who are state residents, and who meet

1661 established criteria as socially and economically disadvantaged.

1662 The College of Medicine shall make every effort, through

1663 recruitment and retention, to employ a faculty and support staff

1664 that reflect the heterogeneous nature of the state’s general

1665 population.

1666 Section 49. Paragraph (a) of subsection (4) of section

1667 1004.435, Florida Statutes, is amended to read:

1668 1004.435 Cancer control and research.—

1669 (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;

1670 CREATION; COMPOSITION.—

1671 (a) There is created within the H. Lee Moffitt Cancer

1672 Center and Research Institute, Inc., the Florida Cancer Control

1673 and Research Advisory Council. The council shall consist of 16

1674 members, which includes the chair ~~chairperson~~ , all of whom must

1675 be residents of this state. The State Surgeon General or his or

1676 her designee within the Department of Health shall be one of the

1677 16 members. Members, except those appointed by the Governor, the

1678 Speaker of the House of Representatives, or the President of the

1679 Senate, must be appointed by the chief executive officer of the

1680 institution or organization represented, or his or her designee.

1681 One member must be a representative of the American Cancer

1682 Society; one member must be a representative of the Sylvester

1683 Comprehensive Cancer Center of the University of Miami; one

1684 member must be a representative of the University of Florida

1685 Shands Cancer Center; one member must be a representative of the

1686 Florida Nurses Association who specializes in the field of

1687 oncology and is not from an institution or organization already

1688 represented on the council; one member must be a representative

1689 of the Florida Osteopathic Medical Association who specializes

1690 in the field of oncology; one member must be a member of the

1691 Florida Medical Association who specializes in the field of

1692 oncology and who represents a cancer center not already

1693 represented on the council; one member must be a representative

1694 of the H. Lee Moffitt Cancer Center and Research Institute,

1695 Inc.; one member must be a representative of the Mayo Clinic in

1696 Jacksonville; one member must be a member of the Florida

1697 Hospital Association who specializes in the field of oncology

1698 and who represents a comprehensive cancer center not already

1699 represented on the council; one member must be a representative

1700 of the Association of Community Cancer Centers; one member must

1701 specialize in pediatric oncology research or clinical care

1702 appointed by the Governor; one member must specialize in

1703 oncology clinical care or research appointed by the President of

1704 the Senate; one member must be a current or former cancer

1705 patient or a current or former caregiver to a cancer patient

1706 appointed by the Speaker of the House of Representatives; one

1707 member must be a member of the House of Representatives

1708 appointed by the Speaker of the House of Representatives; and

1709 one member must be a member of the Senate appointed by the

1710 President of the Senate. ~~At least four of the members must be~~

1711 ~~individuals who are minority persons as defined by s. 288.703.~~

1712 Section 50. Section 1007.34, Florida Statutes, is repealed.

1713 Section 51. Section 1007.35, Florida Statutes, is repealed.

1714 Section 52. Section 1011.86, Florida Statutes, is repealed.

1715 Section 53. Paragraph (c) of subsection (1) of section

1716 1013.46, Florida Statutes, is amended to read:

1717 1013.46 Advertising and awarding contracts;

1718 prequalification of contractor.—

1719 (1)

1720 ~~(c) As an option, any county, municipality, or board may~~

1721 ~~set aside up to 10 percent of the total amount of funds~~

1722 ~~allocated for the purpose of entering into construction capital~~

1723 ~~project contracts with minority business enterprises, as defined~~

1724 ~~in s. 287.094. Such contracts shall be competitively bid only~~

1725 ~~among minority business enterprises. The set-aside shall be used~~

1726 ~~to redress present effects of past discriminatory practices and~~

1727 ~~shall be subject to periodic reassessment to account for~~

1728 ~~changing needs and circumstances.~~

1729 Section 54. Subsection (1) of section 43.16, Florida

1730 Statutes, is amended to read:

1731 43.16 Justice Administrative Commission; membership, powers

1732 and duties.—

1733 (1) There is hereby created a Justice Administrative

1734 Commission, with headquarters located in the state capital. The

1735 necessary office space for use of the commission shall be

1736 furnished by the proper state agency in charge of state

1737 buildings. For purposes of the fees imposed on agencies pursuant

1738 to s. 287.057(22) ~~s. 287.057(24)~~ , the Justice Administrative

1739 Commission shall be exempt from such fees.

1740 Section 55. Paragraph (g) of subsection (3) of section

1741 212.096, Florida Statutes, is amended to read:

1742 212.096 Sales, rental, storage, use tax; enterprise zone

1743 jobs credit against sales tax.—

1744 (3) In order to claim this credit, an eligible business

1745 must file under oath with the governing body or enterprise zone

1746 development agency having jurisdiction over the enterprise zone

1747 where the business is located, as applicable, a statement which

1748 includes:

1749 (g) Whether the business is a small business as defined by

1750 s. 288.703 ~~s. 288.703(6)~~ .

1751 Section 56. Paragraph (a) of subsection (2) of section

1752 215.971, Florida Statutes, is amended to read:

1753 215.971 Agreements funded with federal or state

1754 assistance.—

1755 (2) For each agreement funded with federal or state

1756 financial assistance, the state agency shall designate an

1757 employee to function as a grant manager who shall be responsible

1758 for enforcing performance of the agreement’s terms and

1759 conditions and who shall serve as a liaison with the recipient

1760 or subrecipient.

1761 (a)1. Each grant manager who is responsible for agreements

1762 in excess of the threshold amount for CATEGORY TWO under s.

1763 287.017 must, at a minimum, complete training conducted by the

1764 Chief Financial Officer for accountability in contracts and

1765 grant management.

1766 2. Effective December 1, 2014, each grant manager

1767 responsible for agreements in excess of $100,000 annually must

1768 complete the training and become a certified contract manager as

1769 provided under s. 287.057(13) ~~s. 287.057(15)~~ . All grant managers

1770 must become certified contract managers within 24 months after

1771 establishment of the training and certification requirements by

1772 the Department of Management Services and the Department of

1773 Financial Services.

1774 Section 57. Subsection (5) of section 282.201, Florida

1775 Statutes, is amended to read:

1776 282.201 State data center.—The state data center is

1777 established within the department. The provision of data center

1778 services must comply with applicable state and federal laws,

1779 regulations, and policies, including all applicable security,

1780 privacy, and auditing requirements. The department shall appoint

1781 a director of the state data center who has experience in

1782 leading data center facilities and has expertise in cloud

1783 computing management.

1784 (5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for

1785 the department to carry out its duties and responsibilities

1786 relating to the state data center, the secretary of the

1787 department shall contract by July 1, 2022, with the Northwest

1788 Regional Data Center pursuant to s. 287.057(10) ~~s. 287.057(11)~~ .

1789 The contract shall provide that the Northwest Regional Data

1790 Center will manage the operations of the state data center and

1791 provide data center services to state agencies.

1792 (a) The department shall provide contract oversight,

1793 including, but not limited to, reviewing invoices provided by

1794 the Northwest Regional Data Center for services provided to

1795 state agency customers.

1796 (b) The department shall approve or request updates to

1797 invoices within 10 business days after receipt. If the

1798 department does not respond to the Northwest Regional Data

1799 Center, the invoice will be approved by default. The Northwest

1800 Regional Data Center must submit approved invoices directly to

1801 state agency customers.

1802 Section 58. Paragraph (a) of subsection (3) of section

1803 282.709, Florida Statutes, is amended to read:

1804 282.709 State agency law enforcement radio system and

1805 interoperability network.—

1806 (3) In recognition of the critical nature of the statewide

1807 law enforcement radio communications system, the Legislature

1808 finds that there is an immediate danger to the public health,

1809 safety, and welfare, and that it is in the best interest of the

1810 state to continue partnering with the system’s current operator.

1811 The Legislature finds that continuity of coverage is critical to

1812 supporting law enforcement, first responders, and other public

1813 safety users. The potential for a loss in coverage or a lack of

1814 interoperability between users requires emergency action and is

1815 a serious concern for officers’ safety and their ability to

1816 communicate and respond to various disasters and events.

1817 (a) The department, pursuant to s. 287.057(10) s.

1818 ~~287.057(11)~~ , shall enter into a 15-year contract with the entity

1819 that was operating the statewide radio communications system on

1820 January 1, 2021. The contract must include:

1821 1. The purchase of radios;

1822 2. The upgrade to the Project 25 communications standard;

1823 3. Increased system capacity and enhanced coverage for

1824 system users;

1825 4. Operations, maintenance, and support at a fixed annual

1826 rate;

1827 5. The conveyance of communications towers to the

1828 department; and

1829 6. The assignment of communications tower leases to the

1830 department.

1831 Section 59. Paragraph (b) of subsection (3) of section

1832 286.101, Florida Statutes, is amended to read:

1833 286.101 Foreign gifts and contracts.—

1834 (3)

1835 (b) Disclosure under this subsection is not required with

1836 respect to:

1837 1. A proposal to sell commodities through the online

1838 procurement program established pursuant to s. 287.057(20) s.

1839 ~~287.057(22)~~ ;

1840 2. A proposal to sell commodities to a university pursuant

1841 to Board of Governors Regulation 18.001;

1842 3. An application or proposal from an entity that discloses

1843 foreign gifts or grants under subsection (2) or s. 1010.25;

1844 4. An application or proposal from a foreign source that,

1845 if granted or accepted, would be disclosed under subsection (2)

1846 or s. 1010.25; or

1847 5. An application or proposal from a public or not-for

1848 profit research institution with respect to research funded by

1849 any federal agency.

1850 Section 60. Paragraph (a) of subsection (3) of section

1851 287.0571, Florida Statutes, is amended to read:

1852 287.0571 Business case to outsource; applicability.—

1853 (3) This section does not apply to:

1854 (a) A procurement of commodities and contractual services

1855 listed in s. 287.057(3)(d) and (e) and (21) ~~(23)~~ .

1856 Section 61. Paragraph (b) of subsection (2) of section

1857 288.0001, Florida Statutes, is amended to read:

1858 288.0001 Economic Development Programs Evaluation.—The

1859 Office of Economic and Demographic Research and the Office of

1860 Program Policy Analysis and Government Accountability (OPPAGA)

1861 shall develop and present to the Governor, the President of the

1862 Senate, the Speaker of the House of Representatives, and the

1863 chairs of the legislative appropriations committees the Economic

1864 Development Programs Evaluation.

1865 (2) The Office of Economic and Demographic Research and

1866 OPPAGA shall provide a detailed analysis of economic development

1867 programs as provided in the following schedule:

1868 (b) By January 1, 2015, and every 3 years thereafter, an

1869 analysis of:

1870 1. The entertainment industry sales tax exemption program

1871 established under s. 288.1258.

1872 2. VISIT Florida and its programs established or funded

1873 under ss. 288.122-288.12265 and 288.124.

1874 3. The Florida Sports Foundation and related programs,

1875 including those established under ss. 288.1162, 288.11621, and

1876 288.1166 ~~, and 288.1167~~ .

1877 Section 62. Subsection (2) of section 288.706, Florida

1878 Statutes, is amended to read:

1879 288.706 Florida Minority Business Loan Mobilization

1880 Program.—

1881 (2) The Florida Minority Business Loan Mobilization Program

1882 is created to promote the development of minority business

1883 enterprises ~~, as defined in s. 288.703(3)~~ , increase the ability

1884 of minority business enterprises to compete for state contracts,

1885 and sustain the economic growth of minority business enterprises

1886 in this state. The goal of the program is to assist minority

1887 business enterprises by facilitating working capital loans to

1888 minority business enterprises that are vendors on state agency

1889 contracts. The Department of Management Services shall

1890 administer the program.

1891 Section 63. Subsection (4) of section 290.004, Florida

1892 Statutes, is amended to read:

1893 290.004 Definitions relating to Florida Enterprise Zone

1894 Act.—As used in ss. 290.001-290.016:

1895 ~~(4) “Minority business enterprise” has the same meaning as~~

1896 ~~provided in s. 288.703.~~

1897 Section 64. Paragraph (b) of subsection (4) of section

1898 295.187, Florida Statutes, is amended to read:

1899 295.187 Florida Veteran Business Enterprise Opportunity

1900 Act.—

1901 (4) VENDOR PREFERENCE.—

1902 (b) ~~Notwithstanding s. 287.057(12),~~ If a veteran business

1903 enterprise entitled to the vendor preference under this section

1904 and one or more businesses entitled to this preference or

1905 another vendor preference provided by law submit bids,

1906 proposals, or replies for procurement of commodities or

1907 contractual services which are equal with respect to all

1908 relevant considerations, including price, quality, and service,

1909 the state agency must ~~shall~~ award the procurement or contract to

1910 the business having the smallest net worth.

1911 Section 65. Paragraph (d) of subsection (4) of section

1912 337.11, Florida Statutes, is amended to read:

1913 337.11 Contracting authority of department; bids; emergency

1914 repairs, supplemental agreements, and change orders; combined

1915 design and construction contracts; progress payments; records;

1916 requirements of vehicle registration.—

1917 (4)

1918 (d) Notwithstanding the requirements of ss. 120.57(3)(c)

1919 and 287.057(23) ~~ss. 120.57(3)(c) and 287.057(25)~~ , upon receipt

1920 of a formal written protest that is timely filed, the department

1921 may continue the process provided in this subsection but may not

1922 take final agency action as to the lowest bidder except as part

1923 of the department’s final agency action in the protest or upon

1924 dismissal of the protest by the protesting party.

1925 Section 66. Paragraph (b) of subsection (5) of section

1926 339.63, Florida Statutes, is amended to read:

1927 339.63 System facilities designated; additions and

1928 deletions.—

1929 (5)

1930 (b) A facility designated part of the Strategic Intermodal

1931 System pursuant to paragraph (a) which ~~that~~ is within the

1932 jurisdiction of a local government that maintains a

1933 transportation concurrency system must ~~shall~~ receive a waiver of

1934 transportation concurrency requirements applicable to Strategic

1935 Intermodal System facilities in order to accommodate any

1936 development at the facility which occurs pursuant to a building

1937 permit issued on or before December 31, 2017, but only if such

1938 facility is located:

1939 1. Within an area designated pursuant to s. 288.0656(7) as

1940 a rural area of opportunity;

1941 2. Within a rural enterprise zone as defined in s. 290.004

1942 ~~s. 290.004(5)~~ ; or

1943 3. Within 15 miles of the boundary of a rural area of

1944 opportunity or a rural enterprise zone.

1945 Section 67. Paragraph (a) of subsection (2) of section

1946 376.3072, Florida Statutes, is amended to read:

1947 376.3072 Florida Petroleum Liability and Restoration

1948 Insurance Program.—

1949 (2)(a) An owner or operator of a petroleum storage system

1950 may become an insured in the restoration insurance program at a

1951 facility if:

1952 1. A site at which an incident has occurred is eligible for

1953 restoration if the insured is a participant in the third-party

1954 liability insurance program or otherwise meets applicable

1955 financial responsibility requirements. After July 1, 1993, the

1956 insured must also provide the required excess insurance coverage

1957 or self-insurance for restoration to achieve the financial

1958 responsibility requirements of 40 C.F.R. s. 280.97, subpart H,

1959 not covered by paragraph (d).

1960 2. A site which had a discharge reported before January 1,

1961 1989, for which notice was given pursuant to s. 376.3071(10) and

1962 which is ineligible for the third-party liability insurance

1963 program solely due to that discharge is eligible for

1964 participation in the restoration program for an incident

1965 occurring on or after January 1, 1989, pursuant to subsection

1966 (3). Restoration funding for an eligible contaminated site will

1967 be provided without participation in the third-party liability

1968 insurance program until the site is restored as required by the

1969 department or until the department determines that the site does

1970 not require restoration.

1971 3. Notwithstanding paragraph (b), a site where an

1972 application is filed with the department before January 1, 1995,

1973 where the owner is a small business under s. 288.703 s.

1974 ~~288.703(6)~~ , a Florida College System institution with less than

1975 2,500 FTE, a religious institution as defined by s.

1976 212.08(7)(m), a charitable institution as defined by s.

1977 212.08(7)(p), or a county or municipality with a population of

1978 less than 50,000, is eligible for up to $400,000 of eligible

1979 restoration costs, less a deductible of $10,000 for small

1980 businesses, eligible Florida College System institutions, and

1981 religious or charitable institutions, and $30,000 for eligible

1982 counties and municipalities, if:

1983 a. Except as provided in sub-subparagraph e., the facility

1984 was in compliance with department rules at the time of the

1985 discharge.

1986 b. The owner or operator has, upon discovery of a

1987 discharge, promptly reported the discharge to the department,

1988 and drained and removed the system from service, if necessary.

1989 c. The owner or operator has not intentionally caused or

1990 concealed a discharge or disabled leak detection equipment.

1991 d. The owner or operator proceeds to complete initial

1992 remedial action as specified in department rules.

1993 e. The owner or operator, if required and if it has not

1994 already done so, applies for third-party liability coverage for

1995 the facility within 30 days after receipt of an eligibility

1996 order issued by the department pursuant to this subparagraph.

1998 However, the department may consider in-kind services from

1999 eligible counties and municipalities in lieu of the $30,000

2000 deductible. The cost of conducting initial remedial action as

2001 defined by department rules is an eligible restoration cost

2002 pursuant to this subparagraph.

2003 4.a. By January 1, 1997, facilities at sites with existing

2004 contamination must have methods of release detection to be

2005 eligible for restoration insurance coverage for new discharges

2006 subject to department rules for secondary containment. Annual

2007 storage system testing, in conjunction with inventory control,

2008 shall be considered to be a method of release detection until

2009 the later of December 22, 1998, or 10 years after the date of

2010 installation or the last upgrade. Other methods of release

2011 detection for storage tanks which meet such requirement are:

2012 (I) Interstitial monitoring of tank and integral piping

2013 secondary containment systems;

2014 (II) Automatic tank gauging systems; or

2015 (III) A statistical inventory reconciliation system with a

2016 tank test every 3 years.

2017 b. For pressurized integral piping systems, the owner or

2018 operator must use:

2019 (I) An automatic in-line leak detector with flow

2020 restriction meeting the requirements of department rules used in

2021 conjunction with an annual tightness or pressure test; or

2022 (II) An automatic in-line leak detector with electronic

2023 flow shut-off meeting the requirements of department rules.

2024 c. For suction integral piping systems, the owner or

2025 operator must use:

2026 (I) A single check valve installed directly below the

2027 suction pump if there are no other valves between the dispenser

2028 and the tank; or

2029 (II) An annual tightness test or other approved test.

2030 d. Owners of facilities with existing contamination that

2031 install internal release detection systems pursuant to sub

2032 subparagraph a. shall permanently close their external

2033 groundwater and vapor monitoring wells pursuant to department

2034 rules by December 31, 1998. Upon installation of the internal

2035 release detection system, such wells must be secured and taken

2036 out of service until permanent closure.

2037 e. Facilities with vapor levels of contamination meeting

2038 the requirements of or below the concentrations specified in the

2039 performance standards for release detection methods specified in

2040 department rules may continue to use vapor monitoring wells for

2041 release detection.

2042 f. The department may approve other methods of release

2043 detection for storage tanks and integral piping which have at

2044 least the same capability to detect a new release as the methods

2045 specified in this subparagraph.

2047 Sites meeting the criteria of this subsection for which a site

2048 rehabilitation completion order was issued before June 1, 2008,

2049 do not qualify for the 2008 increase in site rehabilitation

2050 funding assistance and are bound by the pre-June 1, 2008,

2051 limits. Sites meeting the criteria of this subsection for which

2052 a site rehabilitation completion order was not issued before

2053 June 1, 2008, regardless of whether they have previously

2054 transitioned to nonstate-funded cleanup status, may continue

2055 state-funded cleanup pursuant to s. 376.3071(6) until a site

2056 rehabilitation completion order is issued or the increased site

2057 rehabilitation funding assistance limit is reached, whichever

2058 occurs first.

2059 Section 68. Paragraph (b) of subsection (8) of section

2060 381.986, Florida Statutes, is amended to read:

2061 381.986 Medical use of marijuana.—

2062 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—

2063 (b) An applicant for licensure as a medical marijuana

2064 treatment center must apply to the department on a form

2065 prescribed by the department and adopted in rule. The department

2066 shall adopt rules pursuant to ss. 120.536(1) and 120.54

2067 establishing a procedure for the issuance and biennial renewal

2068 of licenses, including initial application and biennial renewal

2069 fees sufficient to cover the costs of implementing and

2070 administering this section, and establishing supplemental

2071 licensure fees for payment beginning May 1, 2018, sufficient to

2072 cover the costs of administering ss. 381.989 and 1004.4351. The

2073 department shall identify applicants with strong diversity plans

2074 reflecting the ~~this~~ state’s commitment to diversity and

2075 implement training programs and other educational programs to

2076 enable minority persons ~~and minority business enterprises~~ , as

2077 defined in s. 288.703, and veteran business enterprises, as

2078 defined in s. 295.187, to compete for medical marijuana

2079 treatment center licensure and contracts. Subject to the

2080 requirements in subparagraphs (a)2.-4., the department must

2081 ~~shall~~ issue a license to an applicant if the applicant meets the

2082 requirements of this section and pays the initial application

2083 fee. The department must ~~shall~~ renew the licensure of a medical

2084 marijuana treatment center biennially if the licensee meets the

2085 requirements of this section and pays the biennial renewal fee.

2086 However, the department may not renew the license of a medical

2087 marijuana treatment center that has not begun to cultivate,

2088 process, and dispense marijuana by the date that the medical

2089 marijuana treatment center is required to renew its license. An

2090 individual may not be an applicant, an owner, an officer, a

2091 board member, or a manager on more than one application for

2092 licensure as a medical marijuana treatment center. An individual

2093 or entity may not be awarded more than one license as a medical

2094 marijuana treatment center. An applicant for licensure as a

2095 medical marijuana treatment center must demonstrate:

2096 1. That, for the 5 consecutive years before submitting the

2097 application, the applicant has been registered to do business in

2098 this state.

2099 2. Possession of a valid certificate of registration issued

2100 by the Department of Agriculture and Consumer Services pursuant

2101 to s. 581.131.

2102 3. The technical and technological ability to cultivate and

2103 produce marijuana, including, but not limited to, low-THC

2104 cannabis.

2105 4. The ability to secure the premises, resources, and

2106 personnel necessary to operate as a medical marijuana treatment

2107 center.

2108 5. The ability to maintain accountability of all raw

2109 materials, finished products, and any byproducts to prevent

2110 diversion or unlawful access to or possession of these

2111 substances.

2112 6. An infrastructure reasonably located to dispense

2113 marijuana to registered qualified patients statewide or

2114 regionally as determined by the department.

2115 7. The financial ability to maintain operations for the

2116 duration of the 2-year approval cycle, including the provision

2117 of certified financial statements to the department.

2118 a. Upon approval, the applicant must post a $5 million

2119 performance bond issued by an authorized surety insurance

2120 company rated in one of the three highest rating categories by a

2121 nationally recognized rating service. However, a medical

2122 marijuana treatment center serving at least 1,000 qualified

2123 patients is only required to maintain a $2 million performance

2124 bond.

2125 b. In lieu of the performance bond required under sub

2126 subparagraph a., the applicant may provide an irrevocable letter

2127 of credit payable to the department or provide cash to the

2128 department. If provided with cash under this sub-subparagraph,

2129 the department must deposit the cash in the Grants and Donations

2130 Trust Fund within the Department of Health, subject to the same

2131 conditions as the bond regarding requirements for the applicant

2132 to forfeit ownership of the funds. If the funds deposited under

2133 this sub-subparagraph generate interest, the amount of that

2134 interest must be used by the department for the administration

2135 of this section.

2136 8. That all owners and managers have passed a background

2137 screening pursuant to subsection (9). As used in this

2138 subparagraph, the term:

2139 a. “Manager” means any person with the authority to

2140 exercise or contribute to the operational control, direction, or

2141 management of an applicant or a medical marijuana treatment

2142 center or who has authority to supervise any employee of an

2143 applicant or a medical marijuana treatment center. The term

2144 includes an individual with the power or authority to direct or

2145 influence the direction or operation of an applicant or a

2146 medical marijuana treatment center through board membership, an

2147 agreement, or a contract.

2148 b. “Owner” means any person who owns or controls a 5

2149 percent or greater share of interests of the applicant or a

2150 medical marijuana treatment center which include beneficial or

2151 voting rights to interests. In the event that one person owns a

2152 beneficial right to interests and another person holds the

2153 voting rights with respect to such interests, then in such case,

2154 both are considered the owner of such interests.

2155 9. The employment of a medical director to supervise the

2156 activities of the medical marijuana treatment center.

2157 10. A diversity plan that promotes and ensures the

2158 involvement of minority persons ~~and minority business~~

2159 ~~enterprises~~ , as defined in s. 288.703, or veteran business

2160 enterprises, as defined in s. 295.187, in ownership, management,

2161 and employment. An applicant for licensure renewal must show the

2162 effectiveness of the diversity plan by including the following

2163 with his or her application for renewal:

2164 a. Representation of minority persons and veterans in the

2165 medical marijuana treatment center’s workforce;

2166 b. Efforts to recruit minority persons and veterans for

2167 employment; and

2168 c. A record of contracts for services with minority

2169 business enterprises and veteran business enterprises.

2170 Section 69. Paragraph (a) of subsection (1) of section

2171 394.47865, Florida Statutes, is amended to read:

2172 394.47865 South Florida State Hospital; privatization.—

2173 (1) The Department of Children and Families shall, through

2174 a request for proposals, privatize South Florida State Hospital.

2175 The department shall plan to begin implementation of this

2176 privatization initiative by July 1, 1998.

2177 (a) Notwithstanding s. 287.057(12) ~~s. 287.057(14)~~ , the

2178 department may enter into agreements, not to exceed 20 years,

2179 with a private provider, a coalition of providers, or another

2180 agency to finance, design, and construct a treatment facility

2181 having up to 350 beds and to operate all aspects of daily

2182 operations within the facility. The department may subcontract

2183 any or all components of this procurement to a statutorily

2184 established state governmental entity that has successfully

2185 contracted with private companies for designing, financing,

2186 acquiring, leasing, constructing, and operating major privatized

2187 state facilities.

2188 Section 70. Paragraph (b) of subsection (2) and subsection

2189 (3) of section 402.7305, Florida Statutes, are amended to read:

2190 402.7305 Department of Children and Families; procurement

2191 of contractual services; contract management.—

2192 (2) PROCUREMENT OF COMMODITIES AND CONTRACTUAL SERVICES.—

2193 (b) When it is in the best interest of a defined segment of

2194 its consumer population, the department may competitively

2195 procure and contract for systems of treatment or service that

2196 involve multiple providers, rather than procuring and

2197 contracting for treatment or services separately from each

2198 participating provider. The department must ensure that all

2199 providers that participate in the treatment or service system

2200 meet all applicable statutory, regulatory, service quality, and

2201 cost control requirements. If other governmental entities or

2202 units of special purpose government contribute matching funds to

2203 the support of a given system of treatment or service, the

2204 department shall formally request information from those funding

2205 entities in the procurement process and may take the information

2206 received into account in the selection process. If a local

2207 government contributes matching funds to support the system of

2208 treatment or contracted service and if the match constitutes at

2209 least 25 percent of the value of the contract, the department

2210 shall afford the governmental match contributor an opportunity

2211 to name an employee as one of the persons required by s.

2212 287.057(15) ~~s. 287.057(17)~~ to evaluate or negotiate certain

2213 contracts, unless the department sets forth in writing the

2214 reason why the inclusion would be contrary to the best interest

2215 of the state. Any employee so named by the governmental match

2216 contributor shall qualify as one of the persons required by s.

2217 287.057(15) ~~s. 287.057(17)~~ . A governmental entity or unit of

2218 special purpose government may not name an employee as one of

2219 the persons required by s. 287.057(15) ~~s. 287.057(17)~~ if it, or

2220 any of its political subdivisions, executive agencies, or

2221 special districts, intends to compete for the contract to be

2222 awarded. The governmental funding entity or contributor of

2223 matching funds must comply with all procurement procedures set

2224 forth in s. 287.057 when appropriate and required.

2225 (3) CONTRACT MANAGEMENT REQUIREMENTS AND PROCESS.—The

2226 Department of Children and Families shall review the time period

2227 for which the department executes contracts and shall execute

2228 multiyear contracts to make the most efficient use of the

2229 resources devoted to contract processing and execution. Whenever

2230 the department chooses not to use a multiyear contract, a

2231 justification for that decision must be contained in the

2232 contract. Notwithstanding s. 287.057(13) ~~s. 287.057(15)~~ , the

2233 department is responsible for establishing a contract management

2234 process that requires a member of the department’s Senior

2235 Management or Selected Exempt Service to assign in writing the

2236 responsibility of a contract to a contract manager. The

2237 department shall maintain a set of procedures describing its

2238 contract management process which must minimally include the

2239 following requirements:

2240 (a) The contract manager shall maintain the official

2241 contract file throughout the duration of the contract and for a

2242 period not less than 6 years after the termination of the

2243 contract.

2244 (b) The contract manager shall review all invoices for

2245 compliance with the criteria and payment schedule provided for

2246 in the contract and shall approve payment of all invoices before

2247 their transmission to the Department of Financial Services for

2248 payment.

2249 (c) The contract manager shall maintain a schedule of

2250 payments and total amounts disbursed and shall periodically

2251 reconcile the records with the state’s official accounting

2252 records.

2253 (d) For contracts involving the provision of direct client

2254 services, the contract manager shall periodically visit the

2255 physical location where the services are delivered and speak

2256 directly to clients receiving the services and the staff

2257 responsible for delivering the services.

2258 (e) The contract manager shall meet at least once a month

2259 directly with the contractor’s representative and maintain

2260 records of such meetings.

2261 (f) The contract manager shall periodically document any

2262 differences between the required performance measures and the

2263 actual performance measures. If a contractor fails to meet and

2264 comply with the performance measures established in the

2265 contract, the department may allow a reasonable period for the

2266 contractor to correct performance deficiencies. If performance

2267 deficiencies are not resolved to the satisfaction of the

2268 department within the prescribed time, and if no extenuating

2269 circumstances can be documented by the contractor to the

2270 department’s satisfaction, the department must terminate the

2271 contract. The department may not enter into a new contract with

2272 that same contractor for the services for which the contract was

2273 previously terminated for a period of at least 24 months after

2274 the date of termination. The contract manager shall obtain and

2275 enforce corrective action plans, if appropriate, and maintain

2276 records regarding the completion or failure to complete

2277 corrective action items.

2278 (g) The contract manager shall document any contract

2279 modifications, which shall include recording any contract

2280 amendments as provided for in this section.

2281 (h) The contract manager shall be properly trained before

2282 being assigned responsibility for any contract.

2283 Section 71. Subsection (2) of section 408.045, Florida

2284 Statutes, is amended to read:

2285 408.045 Certificate of need; competitive sealed proposals.—

2286 (2) The agency shall make a decision regarding the issuance

2287 of the certificate of need in accordance with s. 287.057(15) ~~the~~

2288 ~~provisions of s. 287.057(17)~~ , rules adopted by the agency

2289 relating to intermediate care facilities for the developmentally

2290 disabled, and the criteria in s. 408.035, as further defined by

2291 rule.

2292 Section 72. Paragraph (a) of subsection (20) of section

2293 409.910, Florida Statutes, is amended to read:

2294 409.910 Responsibility for payments on behalf of Medicaid

2295 eligible persons when other parties are liable.—

2296 (20)(a) Entities providing health insurance as defined in

2297 s. 624.603, health maintenance organizations and prepaid health

2298 clinics as defined in chapter 641, and, on behalf of their

2299 clients, third-party administrators, pharmacy benefits managers,

2300 and any other third parties, as defined in s. 409.901 s.

2301 ~~409.901(27)~~ , which are legally responsible for payment of a

2302 claim for a health care item or service as a condition of doing

2303 business in the state or providing coverage to residents of this

2304 state, shall provide such records and information as are

2305 necessary to accomplish the purpose of this section, unless such

2306 requirement results in an unreasonable burden.

2307 Section 73. Subsection (42) of section 570.07, Florida

2308 Statutes, is amended to read:

2309 570.07 Department of Agriculture and Consumer Services;

2310 functions, powers, and duties.—The department shall have and

2311 exercise the following functions, powers, and duties:

2312 (42) Notwithstanding the provisions of s. 287.057(22) which

2313 ~~s. 287.057(24) that~~ require all agencies to use the online

2314 procurement system developed by the Department of Management

2315 Services, the department may continue to use its own online

2316 system. However, vendors using ~~utilizing~~ such system must ~~shall~~

2317 be prequalified as meeting mandatory requirements and

2318 qualifications and must ~~shall~~ remit fees pursuant to s.

2319 287.057(22) ~~s. 287.057(24)~~ , and any rules implementing s.

2320 287.057.

2321 Section 74. Paragraph (e) of subsection (6) of section

2322 627.351, Florida Statutes, is amended to read:

2323 627.351 Insurance risk apportionment plans.—

2324 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—

2325 (e) The corporation is subject to s. 287.057 for the

2326 purchase of commodities and contractual services except as

2327 otherwise provided in this paragraph. Services provided by

2328 tradepersons or technical experts to assist a licensed adjuster

2329 in the evaluation of individual claims are not subject to the

2330 procurement requirements of this section. Additionally, the

2331 procurement of financial services providers and underwriters

2332 must be made pursuant to s. 627.3513. Contracts for goods or

2333 services valued at or more than $100,000 are subject to approval

2334 by the board.

2335 1. The corporation is an agency for purposes of s. 287.057,

2336 except that, for purposes of s. 287.057(22) ~~s. 287.057(24)~~ , the

2337 corporation is an eligible user.

2338 a. The authority of the Department of Management Services

2339 and the Chief Financial Officer under s. 287.057 extends to the

2340 corporation as if the corporation were an agency.

2341 b. The executive director of the corporation is the agency

2342 head under s. 287.057. The executive director of the corporation

2343 may assign or appoint a designee to act on his or her behalf.

2344 2. The corporation must provide notice of a decision or

2345 intended decision concerning a solicitation, contract award, or

2346 exceptional purchase by electronic posting. Such notice must

2347 contain the following statement: “Failure to file a protest

2348 within the time prescribed in this section constitutes a waiver

2349 of proceedings.”

2350 a. A person adversely affected by the corporation’s

2351 decision or intended decision to award a contract pursuant to s.

2352 287.057(1) or (3)(c) who elects to challenge the decision must

2353 file a written notice of protest with the executive director of

2354 the corporation within 72 hours after the corporation posts a

2355 notice of its decision or intended decision. For a protest of

2356 the terms, conditions, and specifications contained in a

2357 solicitation, including provisions governing the methods for

2358 ranking bids, proposals, replies, awarding contracts, reserving

2359 rights of further negotiation, or modifying or amending any

2360 contract, the notice of protest must be filed in writing within

2361 72 hours after posting the solicitation. Saturdays, Sundays, and

2362 state holidays are excluded in the computation of the 72-hour

2363 time period.

2364 b. A formal written protest must be filed within 10 days

2365 after the date the notice of protest is filed. The formal

2366 written protest must state with particularity the facts and law

2367 upon which the protest is based. Upon receipt of a formal

2368 written protest that has been timely filed, the corporation must

2369 stop the solicitation or contract award process until the

2370 subject of the protest is resolved by final board action unless

2371 the executive director sets forth in writing particular facts

2372 and circumstances that require the continuance of the

2373 solicitation or contract award process without delay in order to

2374 avoid an immediate and serious danger to the public health,

2375 safety, or welfare.

2376 (I) The corporation must provide an opportunity to resolve

2377 the protest by mutual agreement between the parties within 7

2378 business days after receipt of the formal written protest.

2379 (II) If the subject of a protest is not resolved by mutual

2380 agreement within 7 business days, the corporation’s board must

2381 transmit the protest to the Division of Administrative Hearings

2382 and contract with the division to conduct a hearing to determine

2383 the merits of the protest and to issue a recommended order. The

2384 contract must provide for the corporation to reimburse the

2385 division for any costs incurred by the division for court

2386 reporters, transcript preparation, travel, facility rental, and

2387 other customary hearing costs in the manner set forth in s.

2388 120.65(9). The division has jurisdiction to determine the facts

2389 and law concerning the protest and to issue a recommended order.

2390 The division’s rules and procedures apply to these proceedings.

2391 The protest must be heard by the division at a publicly noticed

2392 meeting in accordance with procedures established by the

2393 division.

2394 c. In a protest of an invitation-to-bid or request-for

2395 proposals procurement, submissions made after the bid or

2396 proposal opening which amend or supplement the bid or proposal

2397 may not be considered. In protesting an invitation-to-negotiate

2398 procurement, submissions made after the corporation announces

2399 its intent to award a contract, reject all replies, or withdraw

2400 the solicitation that amends or supplements the reply may not be

2401 considered. Unless otherwise provided by law, the burden of

2402 proof rests with the party protesting the corporation’s action.

2403 In a competitive-procurement protest, other than a rejection of

2404 all bids, proposals, or replies, the administrative law judge

2405 must conduct a de novo proceeding to determine whether the

2406 corporation’s proposed action is contrary to the corporation’s

2407 governing statutes, the corporation’s rules or policies, or the

2408 solicitation specifications. The standard of proof for the

2409 proceeding is whether the corporation’s action was clearly

2410 erroneous, contrary to competition, arbitrary, or capricious. In

2411 any bid-protest proceeding contesting an intended corporation

2412 action to reject all bids, proposals, or replies, the standard

2413 of review by the board is whether the corporation’s intended

2414 action is illegal, arbitrary, dishonest, or fraudulent.

2415 d. Failure to file a notice of protest or failure to file a

2416 formal written protest constitutes a waiver of proceedings.

2417 3. The agency head or his or her designee shall consider

2418 the recommended order of an administrative law judge and take

2419 final action on the protest. Any further legal remedy lies with

2420 the First District Court of Appeal.

2421 Section 75. Paragraph (k) of subsection (1) of section

2422 1001.216, Florida Statutes, is amended to read:

2423 1001.216 Council on the Social Status of Black Men and

2424 Boys.—

2425 (1) The Council on the Social Status of Black Men and Boys

2426 is established within Florida Memorial University and shall be

2427 composed of 19 members appointed as follows:

2428 (k) A businessperson who is an African American, ~~as defined~~

2429 ~~in s. 760.80(2)(a),~~ appointed by the Governor.

2430 Section 76. Paragraph (b) of subsection (1) of section

2431 1007.27, Florida Statutes, is amended to read:

2432 1007.27 Articulated acceleration mechanisms.—

2433 (1)

2434 (b) The State Board of Education and the Board of Governors

2435 shall identify Florida College System institutions, state

2436 universities, and national consortia to develop courses that

2437 align with s. 1007.25 for students in secondary education ~~and~~

2438 ~~provide the training required under s. 1007.35(6)~~ .

2439 Section 77. Subsection (1) of section 1008.23, Florida

2440 Statutes, is amended to read:

2441 1008.23 Confidentiality of assessment instruments.—

2442 (1) All examination and assessment instruments, including

2443 developmental materials and workpapers directly related thereto,

2444 which are prepared, prescribed, or administered pursuant to ss.

2445 1002.69, 1003.52, 1003.56, 1007.25, ~~1007.35,~~ 1008.22, 1008.25,

2446 and 1012.56 shall be confidential and exempt from s. 119.07(1)

2447 and s. 24(a), Art. I of the State Constitution. Provisions

2448 governing access, maintenance, and destruction of such

2449 instruments and related materials shall be prescribed by rules

2450 of the State Board of Education.

2451 Section 78. Subsection (1) of section 1008.24, Florida

2452 Statutes, is amended to read:

2453 1008.24 Test administration and security; public records

2454 exemption.—

2455 (1) A person may not knowingly and willfully violate test

2456 security rules adopted by the State Board of Education for

2457 mandatory tests administered by or through the State Board of

2458 Education or the Commissioner of Education to students,

2459 educators, or applicants for certification or administered by

2460 school districts pursuant to ss. 1002.69, 1003.52, 1003.56,

2461 1007.25, ~~1007.35,~~ 1008.22, 1008.25, and 1012.56, or, with

2462 respect to any such test, knowingly and willfully to:

2463 (a) Give examinees access to test questions prior to

2464 testing;

2465 (b) Copy, reproduce, or use in any manner inconsistent with

2466 test security rules all or any portion of any secure test

2467 booklet;

2468 (c) Coach examinees during testing or alter or interfere

2469 with examinees’ responses in any way;

2470 (d) Make answer keys available to examinees;

2471 (e) Fail to follow security rules for distribution and

2472 return of secure test as directed, or fail to account for all

2473 secure test materials before, during, and after testing;

2474 (f) Fail to follow test administration directions specified

2475 in the test administration manuals; or

2476 (g) Participate in, direct, aid, counsel, assist in, or

2477 encourage any of the acts prohibited in this section.

2478 Section 79. For the purpose of incorporating the amendment

2479 made by this act to section 110.112, Florida Statutes, in a

2480 reference thereto, subsection (4) of section 311.07, Florida

2481 Statutes, is reenacted to read:

2482 311.07 Florida seaport transportation and economic

2483 development funding.—

2484 (4) Any port which receives funding under the program shall

2485 institute procedures to ensure that jobs created as a result of

2486 the state funding shall be subject to equal opportunity hiring

2487 practices in the manner provided in s. 110.112.

2488 Section 80. This act shall take effect July 1, 2026.